Posted: July 24, 2018
Our Services are only intended for use in the United States of America, and are not intended and may not be used for commercial purposes or by people under the age of 13.
When you use our Services, you provide us with your contacts ("Your Contacts"). Your Contacts are yours. These Terms don't give us any rights to Your Contacts except for the limited rights necessary to offer the Services.
In order to provide the Services, including facilitating your texts or calls to Your Contacts and providing other features of our Services, our systems may need to access, store and process Your Contacts. When you click "Sync Your Contacts" in the App, you give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Your use of the Services may include access to and use of certain voter information that we license from TargetSmart, including certain voter file data. Such use is subject to, and you agree to fully abide by, the requirements and restrictions set forth in the Data Usage Agreement, a copy of which are provided at the end of these Terms. If you use any voter file data, you acknowledge and agree that you must certify and affirm knowledge of, and compliance with, all laws and regulations that govern the acquisition and use of voter file data and agree to abide by federal, state and local laws and regulations governing acceptable use of the voter file data.
You're responsible for your conduct. You must comply with our Acceptable Use Policy, which is a part of these Terms.
We may review your conduct for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the texts, calls, or other contacts people make via the Services.
You may use our Services only as permitted by applicable law, including export control laws and regulations.
So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the VoteWithMe App (the "App"), solely to access the Services and to use the Services solely for your informational, noncommercial, and personal use. To the extent any component of the Services may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so. In addition, such license does not include: (a) any resale or commercial use of the Services or any materials contained therein; (b) modifying or otherwise making any derivative uses of the Services or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; or (d) any use of the Services other than for their intended purpose. Any use of the Services other than as specifically authorized herein, without the prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright laws and applicable communications regulations and statutes. This license is revocable at any time
The Services are protected by copyright, trademark, and other U.S. laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, New Data Project or VoteWithMe trademarks, logos and other brand features, other than the limited license granted above. We welcome feedback, but note if you submit comments, questions, suggestions, ideas, or other feedback to us by any means ("Feedback") you understand and agree that we have the unlimited right to use and exploit such Feedback in any manner without any obligation to you.
You are fully responsible for all calls, emails, messages, and other communications that you make in connection with your use of the App. If you believe that you are being contacted inappropriately or illegally through or because of our Services, please contact us at email@example.com.
You're free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice to you in our sole discretion at any time.
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, NEW DATA PROJECT AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR YOUR USE THEREOF. THE SERVICES ARE PROVIDED SOLELY ON AN "AS IS," "AS AVAILABLE" BASIS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO-THIS INCLUDES ANY LIABILITY FOR NEW DATA PROJECT'S OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL NEW DATA PROJECT, ITS AFFILIATES, SUPPLIERS, DISTRIBUTORS, EMPLOYEES OR AGENTS (THE "NDP PARTIES") BE LIABLE FOR: (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ,INCLUDING ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY OR CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER OR NOT NEW DATA PROJECT OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B)IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE NDP PARTIES TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED $1.00 USD, REGARDLESS OF LEGAL THEORY OR CAUSE OF ACTION.
Read this section carefully. It requires you to waive your right to a jury trial and arbitrate certain disputes and claims and prohibits class or representative actions or arbitrations.
Except for an individual action in small claims court, or disputes regarding intellectual property, the parties agree to waive any rights to a jury trial and to resolve any disputes by confidential binding arbitration held in the District of Columbia in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. The Parties will maintain the confidentiality of any proceedings, including all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein.
NO CLASS ACTIONS. Any dispute related to these Terms or our Services will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
The parties agree that these Terms affect interstate commerce and that the enforceability of this section will be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law.
For any arbitration you initiate, you will pay the filing fee and New Data Project will pay the remaining JAMS fees and costs. For any arbitration initiated by New Data Project, New Data Project will pay all JAMS fees and costs. You and New Data Project agree that the courts of the District of Columbia and the United States sitting in the District of Columbia have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by emailing us at firstname.lastname@example.org. To be effective, the opt out notice must include your full name, address and clearly indicate your intent to opt out of binding arbitration.
If any portion of this arbitration section is found to be unenforceable for any reason, the unenforceable provision shall be severed from these Terms, and such severance shall have no impact on the remainder of the arbitration section or the parties' ability to compel arbitration of claims on an individual basis pursuant to this section.
These Terms will be governed by the law of the District of Columbia except for its conflicts of laws principles.
These Terms constitute the entire agreement between you and New Data Project with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
New Data Project's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. New Data Project may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time at any time in our sole discretion, including to better reflect:
If you don't agree to the updates we make, please stop using the Services. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
You agree not to misuse the VoteWithMe app and website ("Services") or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
Use of the term “Authorized End User”, or You, in this Data Usage Agreement refers to any user of the Services, and as a condition of use of the Services, you agree to comply with this Data Usage Agreement.
“Voter File Data” means any information about voter registration and voter participation that you obtain through the app, but excluding any information that is already in your possession or that you obtain through other means.
You may use the Voter File Data subject to the following: