Effective Date: May 31, 2017
By using the EveryElection mobile application or web application (collectively “Applications”), you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, you may not use the Applications.
This Agreement is made between us and the Applications visitor and/or subscriber (“you”). We reserve the right to change the terms of this Agreement at any time. Any such changes we make will be effective immediately upon the posting of the changes on the Applications. Your use of the Applications after such revision will be deemed acceptance of such changes so it is important to review this Agreement periodically for the most current version.
1. General Restrictions
This Applications is protected by copyrights, trademarks and other proprietary rights, and except as specifically provided in this Agreement, your use of the Applications shall be governed and constrained by applicable copyright, trademark and other intellectual property laws, in addition to this Agreement. You specifically agree that we own all intellectual property rights in and to the content offered on the Applications (regardless of whether those rights are registered).
Your access to and use of the information contained on the Applications is also subject to the following additional restrictions:
You may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the information contained on the Applications, in whole or in part.
You agree not to use or display the trademarks NEWFOUNDERS, EVERYELECTION or any confusingly similar or dilutive words without our prior written consent.
You may not restrict or inhibit the functionality or use of the Applications or the use of the Applications by any other visitor or subscriber, including, without limitation, by means of “hacking” or defacing any portion of the Applications.
You may not use the Applications for any unlawful purpose or for any commercial purpose other than your own law practice.
While using the Applications, you agree to comply with all applicable laws, rules and regulations.
By registering with the Applications, you are granted a limited license to use the contents of the Applications to assist you voting in federal, state, and municipal elections. Your rights as a subscriber to the Applications are personal and nonassignable. You may not allow or enable any other person to access the Applications through you, or to use your user name and/or password to gain access to the Applications. You will be responsible for the acts of omissions of anyone accessing the Applications through you or by using your name and/or password, without limitation for any violation of this Agreement.
You agree to provide true, accurate, current and complete information about yourself as requested by our registration form (including your email address);
You agree to maintain and update your information (including your email address) to keep it true, accurate, current, and complete; and
You agree to pay all charges incurred by your account at the price(s) in effect when such charges are incurred and to pay any applicable taxes relating to such purchases.
You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Applications. You also acknowledge that verification of information may be required prior to our acceptance of any order and that the price and availability of any product or service are subject to change without notice.
Please note that you are responsible for maintaining the confidentiality of your username and password to the Applications and, therefore, you are responsible for any and all activities that are conducted through your account.
3. Other Content
The Applications may include hyperlinks to other websites, content or resources. We may have no control over any websites, content or resources which are provided by third-party companies, organizations or persons, including but not limited to individual websites associated with various government offices and agencies. You acknowledge and agree that we are not responsible for the availability of any such external websites, content or resources, and that we do not endorse any advertising, products or other materials on or available from such websites, content or resources.
We, our affiliates, suppliers and agents expressly disclaim, to the fullest extent permissible under applicable law, all warranties, express or implied, including but not limited to implied warranties of title, merchantability, non-infringement or fitness for a particular purpose.
The Applications is provided on an “as is” and “as available” basis, and we do not warrant the accuracy, completeness, authenticity or timeliness of any of the information available on the Applications or the functionality, availability or operability of the Applications at any given time. We and our affiliates, suppliers, and agents do not warrant that your use of the Applications will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Applications (or the server(s) on which it is hosted) is free of viruses or other harmful components.
No opinion, advice, or statement given by us or our affiliates, suppliers, agents, subscribers, or visitors shall create any warranty of any kind or nature whatsoever.
You acknowledge that you are responsible for obtaining and maintaining all equipment needed to access and use the Applications, and for paying any and all charges related to such equipment.
If you believe that the Applications includes inaccuracies or errors, please contact us at firstname.lastname@example.org with, if possible, a description of the material in question and its location on the Applications, as well as your contact information, and we will try to address your concerns as soon as reasonably practicable. You agree that we have full right to amend or correct the Applications based upon any such inaccuracies and/or errors disclosed by you.
5. Limitation of Liability
Any reliance on or use by you of any information available on the Applications will be entirely at your own risk. In no event will we or our suppliers, affiliates, or agents be liable to you or any other party for any direct, indirect, special, consequential, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Applications or any product or service purchased through the Applications. Your sole remedy for dissatisfaction with the Applications is to stop using the Applications.
You agree to indemnify, defend and hold us, our suppliers, affiliates, and agents (and our/their officers, directors, employees, agents and representatives) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your actual or alleged breach of this Agreement; (b) any allegation that any materials that you submit to us or transmit to the Applications infringe or otherwise violate the copyright, trademark, trade secret, patent or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Applications.
The Applications are solely directed to individuals residing in the United States. We control and operate the Applications from within, without limitation, the State of Illinois, United States of America. We make no representation that materials in the Applications are appropriate or available for use in locations other than the United States of America. Those who choose to access the Applications from other locations do so at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to, at our sole discretion, limit the availability of the Applications and/or the provision of any service or other product described on or related to the Applications in any manner, at any time, anywhere in the world (including without limitation the United States of America).
The provisions of this Agreement will continue to apply until they and/or this Agreement are/is terminated. If, at any time, we determine in good faith that you have violated this Agreement, we may terminate your access to the Applications.
Upon termination of this Agreement, your right to use the Applications shall immediately cease, and you shall destroy all materials obtained from the Applications, all copies thereof, and all materials based thereon, whether made under the terms of this Agreement or otherwise. Regardless of the reason for termination, you will not be entitled to, nor will you receive, any refund of payment associated with becoming a subscriber, making purchases from or through the Applications, or otherwise using the Applications.
Enforcement of these Terms will be governed by the laws of the State of Illinois, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services or Service Content will lie in the state and federal courts located in Cook County, within the State of Illinois, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.