Terms of Service

Last updated May 15, 2020

The website located at www.wevotebymail.org (the “Site”) is a copyrighted work belonging to WeVoteByMail.org (“Organization”, “us”, “our”, and “we”). These terms also apply to all users who are contributors of content.

Please read these Terms of Use (these “Terms”) carefully. They set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Site or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.

 

This site is not intended for use outside of the United States. If you are outside of the United States and wish to access mail-in ballot or voter registration information, please click here.

 

You are not permitted to use our website or any of the content for an unauthorized or illegal purpose. You are also not permitted to violate any laws in your jurisdiction (including but not limited to voter registration or copyright laws).

 

The articles, videos and information on the Site are intended for informational purposes only and are not intended to be, nor should they be interpreted as, advertising, solicitation, or legal advice. For specific information on voting, please contact the Secretary of State or election authority in your jurisdiction.

 

1. ACCESS TO THE SITE

 

1.1 License. Subject to these Terms, Organization grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial informational use.

1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, other related websites or the Internet; (c) you shall not transmit any worms, viruses or any malicious code of any kind that could potentially cause damage to the website or the internet, or attempt to do so; (d) you shall not access the Site in order to build a similar website, product, or service; (f) use the Site for any unlawful purpose; (g) to solicit others to perform or participate in any unlawful acts; (g) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (h) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (i) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (j) to submit false or misleading information; (k) to collect or track the personal information of others; (l) to spam, phish, pharm, pretext, spider, crawl, or scrape; (m) for any obscene or immoral purpose; or (n) to interfere with or circumvent the security features of the Site or other related websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

All copyright and other notices must remain on the Site or any content linked thereto. If you believe in good faith that materials hosted by this Site infringe your copyright, you or your agent may send us a notice to hello@wevotebymail.org to request removal from our site, including the following information:  (i) identification of the copyrighted work you claim is infringed, (ii) identification of such location on the Site sufficient to identify material; (iii) sufficient contact information (e.g. address, phone, email); (iv) a statement by you of your good faith belief that the disputed item is not authorized by its copyright owner, agent or the law; (v) a statement by you, made under penalty of perjury, that the above information is accurate and you are the copyright holder or an authorized agent thereof; (vi) an electronic or physical signature of the person authorized to act on behalf of the copyright owner’s interest. Please consult a legal advisor before sending any notice.

1.3 Modification. Organization reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Organization will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

1.4 No Support or Maintenance. You acknowledge and agree that Organization will have no obligation to provide you with any support or maintenance in connection with the Site.

 

1.5 Ownership. There are no implied licenses granted under these Terms.

 

2. INDEMNIFICATION

You agree to indemnify and hold Organization (and our and PILOT Lab’s directors, officers, employees, agents, parent organization, affiliates, successors, and assigns, contractors, interns, suppliers, licensors, agents, service providers, subsidiaries, and affiliates) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Organization reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Organization. Organization will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

3. THIRD-PARTY LINKS & ADS; OTHER USERS

 

3.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Organization, and Organization is not responsible for any Third-Party Links & Ads. Organization provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

3.2 Release. You hereby release and forever discharge the Organization (and our and PILOT Lab’s directors, officers, employees, agents, parent organization, affiliates, successors, and assigns, contractors, interns, suppliers, licensors, agents, service providers, subsidiaries and affiliates) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

4. DISCLAIMERS

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND ORGANIZATION (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OF INFORMATION, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

5. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ORGANIZATION (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE US DOLLARS (U.S. $1). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

6. TERM AND TERMINATION

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. Organization will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, Sections 4, 5, 6, and 8 will remain in effect.

 

7. CHANGES

These Terms are subject to occasional revision to, for example, reflect changes to the law or changes to our Site. You should look at these Terms regularly. We will post a notice of modifications to these Terms on this page, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address if you want notice of such changes. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective five (5) calendar days after posting. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

8. ENTIRE TERMS. 

These Terms constitute the entire agreement between you and us regarding the use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether or not oral or written, between you and us, including any prior versions of the Terms. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any ambiguity in the interpretation of the Terms shall not be construed against the drafting party.

 

9. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of New Jersey.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@wevotebymail.org.

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