VoteWithMe Terms of Service

Posted: July 24, 2018

Thanks for using VoteWithMe! These terms of service ("Terms") cover your use and access to the VoteWithMe app and website ("Services"), and this agreement is made with New Data Project, a registered tax-exempt organization. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By accepting our Terms or otherwise using our Services, you're agreeing to be bound by these Terms and Acceptable Use Policy including the mandatory arbitration provision and class action waiver.

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.

Your Contacts & Your Permissions

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 TargetSmart Data and Voter File Data

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.

Your Responsibilities and Conduct

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.

License

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

Our Stuff

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.

Spam

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 help@votewithme.us.

Termination

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.

Services "AS IS"

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.

Limitation of Liability

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.

Arbitration

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 help@votewithme.us. 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.

Controlling Law

These Terms will be governed by the law of the District of Columbia except for its conflicts of laws principles.

Entire Agreement

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.

Waiver, Severability & Assignment

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.

Modifications

We may revise these Terms from time to time at any time in our sole discretion, including to better reflect:

  1. changes to the law,
  2. new regulatory requirements, or
  3. improvements or enhancements made to our Services.

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.

Acceptable Use Policy

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:

Data Usage Agreement

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:

  1. You will not use the Voter File Data for commercial, improper or illegal purposes and the information will not be published or posted on the Internet.
  2. You can use the Voter File Data (including components thereof) only for any legitimate political purposes such as recognized political campaigns, voter registration drives, political voter contact, GOTV, as permitted under applicable local, state and federal laws and regulations.
  3. You are expressly prohibited from using any or all of the Voter File Data for any non-political purpose. You shall not use the voter file data as a factor in establishing an individual’s creditworthiness or eligibility for credit or insurance, or employment. You cannot allow the voter file data in whole or in part to be used to append any data element to any database that will be used for any non-political or other unlawful or non-approved purpose as described above.
  4. You shall not sell, transfer, trade, or give license to any of the Voter File Data to any other entity. You acknowledge that the Voter File Data shall at all times remain the intellectual property of TargetSmart and its licensors and third-party data owners who provide the data to TargetSmart (collectively the “Data Owner”), and You have no proprietary rights whatsoever in the Voter File Data.
  5. All political communications used in connection with the Voter File Data will (i) use only the contact information You already possess (e.g., the name and/or phone number of your contacts); (ii) comply with all applicable federal and state laws, rules and regulations; and (iii) not contain material that is threatening, hateful, or racially or ethnically objectionable.
  6. If You use Voter File Data unlawfully or in violation of the Data Usage Agreement, You will be solely responsible for all claims that arise therefrom and You indemnify TargetSmart and each Data Owner for any losses (including, without limitation, attorneys fees and costs) arising from any such claims. You are responsible for accepting and responding to any external inquiries arising out of your use of Voter Data. No reference to TargetSmart or any other Data Owner shall be made in written or oral communication in responding to inquiries without TargetSmart’s prior written approval.
  7. You shall not input the Voter File Data into a database or make the Voter File Data available to any third party.