Terms of Use

Effective Date: February 17, 2016

Welcome to the products and services ("Services") provided by BallotReady, Inc., a Delaware corporation, located at 1626 N Honore St. Chicago, IL 60622 (“we,” “us,” “our,” or “BallotReady”). Our Services include BallotReady.org (the “Website”) and any and all services offered on the Website and/or by BallotReady. By accessing the Website or otherwise using our Services, you are agreeing to these Terms of Use, so please read them carefully. If you have any questions, comments or concerns regarding these terms or our Services, please contact us at info@ballotready.org.

APPLICATION; MODIFICATIONS AND AMENDMENTS

In addition to any other terms and conditions which may apply to certain of the Services, these Terms of Use contain the terms and conditions that apply to all of our Services. BallotReady reserves the right to modify or amend these Terms of Use at any time. Updates will be posted on the Website or we will otherwise strive to provide you notice of such changes. Changes will be effective immediately upon their posting. Online modifications and amendments supersede any printed version/copy of these Terms of Use.

PRIVACY POLICY

By accessing and using this Website, you agree to our Privacy Policy [available at: www.ballotready.org/privacy.html], which are incorporated into these Terms of Use by reference.

Please note that the Website and the Services are not directed at children under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at info@ballotready.org.

WEBSITE USE

We grant visitors permission to download and print information from this Website solely for their internal or personal use. Other uses, copying, modifying, mirroring, framing, distributing, publishing, republishing, or transmitting of any content or materials is prohibited without our written permission.

WEBSITE INFORMATION

Information and content displayed on this Website may change without notice. We reserve the right to modify such information and content without any obligation to notify past or current users. We make no representations that the information or content are appropriate or available for use or access in any particular state or country besides the United States. When accessing this Website you are solely responsible for compliance with the laws of the state or country in which your live.

All offers on this Website are void where prohibited. Some Services may not be available in certain areas.

THE SERVICES

You must follow all applicable laws in your use of the Services. If applicable laws prohibit your use of the Services, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in any way not in accordance with applicable laws. The Services are provided by a U.S. company. We have the right suspend or terminate Services if you do not follow our Terms of Use, and customers removed by BallotReady may not be allowed any future access to the Services.

Without limitation of the foregoing, when using the Services, you must not:

  • Use the Services outside of any interfaces we have provided or remove or alter notices or logos provided with the Services;
  • Engage in any unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act and the Do-Not-Call Implementation Act;
  • Conduct penetration tests of any Services-related system or network;
  • Use extreme bandwidth capacity in a way that threatens our infrastructure;
  • Attempt to access nations that you are not authorized to access;
  • Upload viruses or malware or attempt to overload the system with email or traffic;
  • Promote commercial services unless you are specifically authorized by BallotReady to do so;
  • Infringe or violate the intellectual property rights, privacy rights or any other rights of anyone else (including BallotReady);
  • Violate any law or regulation;
  • Post or upload any content that, in BallotReady’s reasonable discretion, is likely to expose BallotReady to civil or criminal liability;
  • Jeopardize the security of your account or anyone else's (such as allowing someone else access to your user account);
  • Attempt, in any manner, to obtain the password, account, or other security information from any other user of the Services;
  • Violate the security of any computer network, or crack any passwords or security encryption codes;
  • “Crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services or any content available through the Services (through use of manual or automated means); or
  • Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

You understand that BallotReady owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in the Terms of Use), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Services Content (as defined below), in which case these Terms continue to apply following your copying or downloading of the Services Content.

These Terms of Use grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Services, subject to your compliance with these Terms of Use in their entirety. BallotReady may terminate this license at any time for violation of our Terms of Use or other policies.

BallotReady will not, on the Website or otherwise pursuant to the Services, knowingly send you any communications containing any false, misrepresented, forged, obscured or misleading information.

YOUR ACCOUNT

You will have the option to register with our Website. You may register using your social media account (such as Facebook, Twitter, Instagram, Google+ or Yahoo) or by providing us with your name, mailing address, email address and a password of your choosing. If you chose to register, your account is personal to you. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your username a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You may not share your account information with or allow access to your account by any third party. You are solely responsible for all activity that occurs under your account access credentials. As a result, you should keep your username and password confidential. If you have any reason to believe that your account information has been compromised or that a third party has accessed your account, you agree to immediately notify us at info@ballotready.org.

You may choose to sign up for email communications regarding your account or other information from our Website. You may opt-out of these emails at any time by clicking on the “Unsubscribe” link in the email.

RESPONSIBILITY FOR CONTENT

You access all such content and information displayed on the Website or pursuant to the Services at your sole risk. We aren’t liable for any errors or omissions in such content or information, or for any damages or loss you might suffer in connection with it. You are solely responsible for interactions with other users of the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by BallotReady. When you access third party websites or use third party services, you accept that there are risks in doing so, and that BallotReady is not responsible for such risks. If directed to or accessing third party websites, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. BallotReady has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

If there is a dispute between participants on this site, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release BallotReady, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

ORGANIZATIONAL USERS

If you're using any of our Services on behalf of an organization or entity, you affirm that you have the right to act on behalf of that organization or entity, and that these Terms of Use apply to the organization or entity (and all references to "you" and similar terms refer to that organization or entity). The organization or entity will hold harmless and indemnify BallotReady (and its affiliates, officers, agents, and employees) from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

NO WARRANTY

THIS WEBSITE IS PROVIDED BY BALLOTREADY ON AN “AS IS” BASIS. NO WARRANTY IS OFFERED OR IMPLIED. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THIS WEBSITE, AND TO ANY INFORMATION AVAILABLE ON THIS WEBSITE. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THIS WEBSITE, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS WEBSITE, OR THAT ANY INFORMATION WILL MEET ANY OF YOUR REQUIREMENTS. WE MAKE NO WARRANTY THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS.

You acknowledge and agree that your use of this Website and any information or content available through the Website is at your discretion and risk. You are solely responsible for any damage to your computer system or loss of data that may result from your use of the Internet or your access or use of the Website.

No advice or information, whether written or oral, obtained from us or from this Website creates any warranty.

NO LIABILITY

IN NO EVENT WILL BALLOTREADY OR ANY OF ITS OFFICERS, AFFILIATES, DIRECTORS, ADVISORS, MEMBERS, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES: (1) FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION; OR (2) ARISING OUT OF OR IN ANY WAY RELATED TO A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED SITE, B) ANY INFORMATION OBTAINED THROUGH THIS WEBSITE, C) FOR THE INABILITY TO USE THE WEBSITE, OR D) OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE. THIS LIMITATION APPLIES WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless BallotReady, our affiliates, and their respective officers, directors, advisors, members, representatives, and agents from any and all losses, expenses, third-party claims, liability, damages, costs, and attorneys’ fees arising from or incurred as a result of your misuse of this Website, or the violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right or policy of any person or BallotReady.

INTELLECTUAL PROPERTY RIGHTS

All content on this Website, such as, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, trade dress, data compilations and software, and the compilation of such content (collectively, the “Services Content”) is the property of BallotReady or our suppliers and is protected by United States and international copyright laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Services Content that you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Services Content not owned by you, (i) without the prior consent of the owner of that Services Content or (ii) in a way that violates someone else's (including BallotReady’s) rights.

The Services Content appearing on this Website is also distinctive and protected trademarks or trade dress of BallotReady or our affiliates. This Website may also contain various third-party names and marks that are the property of their respective owners.

Any unauthorized use of the Services Content or any other intellectual property, is strictly prohibited and may be prosecuted to the fullest extent that the law provides.

THIRD-PARTY WEB SITES

We are not responsible for, and have no control over, the contents of any sites linked to, referenced by, or accessible from this Website, or any Website that links to this Website. Any links or references are provided for your convenience, and are not intended as an endorsement by BallotReady or a warranty of any type regarding any sites or the products, services, information or materials on any sites. Your linking to or otherwise visiting any other site is at your own risk, and we accept no liability for the contents, accuracy or currency of any other site. We assume no responsibility, and is not liable, for any transmission or material, or any viral infection of your computer equipment or software, or any other types of damage related to your access, use of or browsing in this or any other site.

INTERPRETATION & DISPUTES

These Terms of Use governed by the laws of the United States and the State of Delaware, without regard to any conflict of laws provisions. Venue for any dispute arising under these Terms of Use (including any dispute related to the Services) shall be proper exclusively in Cook County, Illinois.

ENTIRE AGREEMENT

By your access or use of this Website, you agree to these Terms of Use. These Terms of Use, as they may be amended from time to time, together with the BallotReady Privacy Policy [available at: www.ballotready.org/privacy.html], constitute the entire agreement between you and BallotReady with respect to your access and use of this Website. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by BallotReady. These Terms of Use will inure to the benefit of our successors and assigns.

No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind BallotReady in any respect whatsoever. You and BallotReady agree there are no third party beneficiaries intended under these Terms of Use.

We have the right to enforce these Terms of Use, even if we don’t right away. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and BallotReady’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

BallotReady has a right to assign these Terms of Use and its rights hereunder to any party from time to time.

ELECTRONIC COMMUNICATIONS

You agree that these Terms of Use and any other documentation, agreements, notices or communications between you and BallotReady may be provided to you electronically, to the extent permissible by law. Please print a copy of all documentation, agreements, notices or other communications for your reference.

CONTACTING US

If you have any questions or concerns regarding these Terms of Use, please contact us at info@ballotready.org.