Terms of Service and Legal Disclaimer

DATE OF LAST REVISION: SEPTEMBER 5, 2017

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

This website is operated by Democracy Forward and Democracy Forward Foundation (collectively “Democracy Forward”, “we” or “us”). These Terms of Service apply solely to your access to, and use of, the  Web sites and mobile sites  operated by Democracy Forward  which link to these Terms of Service (the “Sites”). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Democracy Forward.

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of the Sites, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.

 

PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.

 

COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, Democracy Forward’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Democracy Forward or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Sites and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of Democracy Forward, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

 

TRADEMARKS

DEMOCRACY FORWARD and all other names, logos and slogans contained in the Sites are trademarks of Democracy Forward, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of Democracy Forward or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Democracy Forward” or any other name, trademark or product or service name of Democracy Forward without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Democracy Forward and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

 

HYPERLINKS

You may not use a Democracy Forward logo or other proprietary graphic of Democracy Forward to link to these Sites without the express written permission of Democracy Forward. Further, you may not use, frame or utilize framing techniques to enclose any Democracy Forward trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Democracy Forward’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Democracy Forward or any third party.

Democracy Forward makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of Democracy Forward and Democracy Forward is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Democracy Forward provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Democracy Forward of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

 

THIRD PARTY CONTENT

We may make third party information and other content available on or through the Sites (the “Third Party Content”) as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the Sites (“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. Democracy Forward does not control, endorse or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Democracy Forward is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

 

THIRD-PARTY ORGANIZATIONS, PRODUCTS AND SERVICES

Democracy Forward may r provide information about or links to third-party organizations, web sites, products, or services on the Sites. Your dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Democracy Forward is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Democracy Forward advertisers or third party information on the Sites.

 

SUBMISSIONS

You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Sites or Democracy Forward that are provided by you in the form of email or other submissions to Democracy Forward, or any postings on the Sites, are non-confidential and shall become the sole property of Democracy Forward. Democracy Forward shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.

 

PROHIBITED CONDUCT

You are solely responsible for your conduct while accessing or using our Sites. You will not:

  • Violate any applicable law, contract, intellectual property or other third-party right;
  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use our Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Sites or that could damage, disable, overburden or impair the functioning of our Sites in any manner;
  • Reverse engineer any aspect of our Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Sites;
  • Develop or use any third-party applications that interact with our Sites without our prior written consent, including any bots or scripts designed to scrape or extract data from our Sites; or
  • Use our Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms of Service.

 

DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ORGANIZING FOR ACTION, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DEMOCRACY FORWARD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITES. DEMOCRACY FORWARD DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WHILE DEMOCRACY FORWARD ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, DEMOCRACY FORWARD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

DEMOCRACY FORWARD IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE SITES. WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR SITES.

Democracy Forward reserves the right to change any and all content contained in the Sites and any services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Democracy Forward.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL DEMOCRACY FORWARD OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ORGANIZING FOR ACTION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ORGANIZING FOR ACTION’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ORGANIZING FOR ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DEMOCRACY FORWARD FOR ACCESS TO OR USE OF THE SITES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

RELEASE

To the fullest extent permitted by applicable law, you release Democracy Forward and the other Democracy Forward Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

TRANSFER AND PROCESSING DATA

By accessing or using our Sites and services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

 

APPLICABLE LAW AND VENUE

These Terms of Service and your use of the Sites shall be governed by and construed in accordance with the laws of the District of Columbia applicable to agreements made and to be entirely performed within the District of Columbia, without resort to its conflict of law provisions. You agree that any dispute between the parties arising out of or relating to these Terms of Service that is not subject to arbitration or cannot be heard in small claims court shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.

 

TERMINATION

Notwithstanding any of these Terms of Service, Democracy Forward reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent your future access to and use of the Sites. We are not responsible for any loss or harm related to your inability to access or use the Sites.

 

SEVERABILITY

If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

 

LEGAL DISCLAIMER

This website and the materials available at this website are for informational purposes only and are not for the purpose of providing legal advice or intended as a solicitation. We make no representations or warranties, express or implied, with respect to the information provided on this website or any third-party website which may be accessed by a link from this website, including any representations or warranties as to accuracy, timeliness or completeness. You should not take, or refrain from taking, any action based on any information contained on this website without first consulting legal counsel, and you should contact your attorney to obtain advice with respect to any particular issue or problem. Your use of this website or your contacting us in any manner does not create an attorney-client relationship between you and Democracy Forward. Any prior results described on this website do not guarantee a similar outcome.

 

QUESTIONS & CONTACT INFORMATION

Questions or comments about these Terms of Service or the Sites may be directed to Democracy Forward at the email address info@democracyforward.org.