PoliticalMajority.com allows users to share their opinions with local,
state, and national governments. It is a conveinent way to do so.
Every citizen should have their voice heard.
The following Terms of Service
apply to use of the PoliticalMajority.com web site http://PoliticalMajority.com
(the .Website.), and the PoliticalMajority.com suite of web facilities
(the .Web Facilities., and together with the Website and the Products,
the .PoliticalMajority.com Facilities.) operated, developed or made
available by and through Political Majority (.PM.).
1. Contract Formation.
A. By registering, accessing
or using the PoliticalMajority.com Facilities you are bound by
the terms and conditions set forth in this PM Terms of Service,
as altered and amended from time to time. These Terms of Service
(sometimes herein referred to as the .Agreement.), as altered
and amended from time to time as provided herein, constitute a
valid and binding agreement between you and PM.
B. This Agreement covers all
use of the Website, Products and Service, the content, features
and services provided and made available through the PoliticalMajority.com
Facilities, and any new, updated or revised versions thereof.
A separate End User License Agreement must be obtained in connection
with use of Political Majority Software products.
C. By accessing or using the
PoliticalMajority.com Facilities you agree to be bound by the
terms and conditions set forth in the PM Privacy Policy, as altered
and amended and in effect from time to time.
D. The Terms of Service in effect
at the time of your access and use of the PoliticalMajority.com
Facilities may be accessed at http://PoliticalMajority.com/terms.php.
The PM Privacy Policy in effect at the time of your access and
use of the PoliticalMajority.com Facilities may be accessed at
http://PoliticalMajority.com/privacy.php.
2. Qualifications for
Use of Facilities.
A. If you are residing in a
jurisdiction which restricts the use of internet-based applications
according to age, or which restricts the ability to enter into
agreements such as this Agreement according to age, and you are
is such a jurisdiction and under such age limit, you may not enter
into this Agreement or use the PoliticalMajority.com Facilities.
By using the PoliticalMajority.com Facilities you are representing
that you are qualified to use the PoliticalMajority.com Facilities.
B. The use of the PoliticalMajority.com
Facilities may be subject to restrictions imposed by local law
or regulation. If you are residing in a jurisdiction where it
is forbidden by law to offer or use software for internet communication,
you may not enter into this Agreement and you may not use the
PoliticalMajority.com Facilities. By using the PoliticalMajority.com
Facilities you are representing that you have complied with all
local laws and regulations.
3. User Obligations
and Responsibility.
A. You agree to be responsible
for any and all activity in connection with, or effected by the
use of, your name, password, screen name or other online identification
characteristics (.User Identification.).
B. PM cannot and does not assume
responsibility for policing the use of the PoliticalMajority.com
Facilities by hackers, imposters, or other persons or .bots. who
gain access to the PoliticalMajority.com Facilities through, as
a result of, or in consequence of, your User Identification.
C. You are responsible for keeping
your User Identification secure.
D. You are obligated to comply
with all laws, ordinances, rules, regulations, orders, licenses,
permits, judgments, decisions or other requirements of any governmental
authority that has jurisdiction over you, now in effect or later
coming into effect, regarding online conduct and accessible content.
E. You are solely responsible
for any and all conduct in entering, altering, modifying, sending
or retrieving data, text information, screen names, graphics,
photos, profiles, audiovisual clips, links or other materials
(.Content.) submitted, posted, displayed, transmitted or shared
using your User Identification.
1. PM does not claim ownership
of any Content you submit, post, transmit or share using PoliticalMajority.com
Facilities.
2. By submitting, posting,
transmitting or sharing Content you grant to PM a non-exclusive,
royalty-free, transferable, worldwide right and license to use,
copy, modify, prepare derivative works from, distribute, publicly
display and publicly perform and process content through PoliticalMajority.com
Facilities, including but not limited to, adapting the format
for suitable display, displaying the content in search results,
or posting a link to Content you have designated as public.
F. You agree to indemnify, hold
harmless and defend PM and its affiliates, parent companies, subsidiaries,
officers, directors, employees, agents and network service providers,
against any and all damages, claims, actions, proceedings, and
suits and all related liabilities, damages, settlements, penalties,
fines, costs and expenses (including, without limitation, PM expenses,
reasonable attorneys' fees and other dispute resolution expenses)
incurred by PM arising out of or relating to your:
1. violation or breach of
any term of this Agreement or any applicable law or regulation;
2. use or misuse of the PoliticalMajority.com
Facilities;
3. your violation of any rights
of any third party, including but not limited to Intellectual
Property Rights. For the purposes of this Agreement, Intellectual
Property Rights includes, but is not limited to, any right or
protection existing from time to time in a specific jurisdiction,
whether registered or not, under any patent law or other invention
or discovery law, copyright law, publicity, performance or moral
rights law, trade secret law, confidential information law,
right of privacy, industrial design law, trademark law, unfair
competition or trade practices law, or other similar laws, and
includes judicial decisions under common law or equity.
G. You may not use PoliticalMajority.com
Facilities to harass, threaten, impersonate or intimidate other
users of the PoliticalMajority.com Facilities, or third parties.
H. You may not use PoliticalMajority.com
Facilities to perform any illegal or unauthorized act, or for
any illegal or unauthorized purpose.
I. You may not sell, assign,
rent, lease, act as an intermediary, service bureau, provider
or otherwise purpose to grant access to or rights in or to the
PoliticalMajority.com Facilities.
J. You may not modify, adapt
or hack the PoliticalMajority.com Facilities, or modify any website
so as to falsely imply that you or the website are affiliated
or associated with PM or the PoliticalMajority.com Facilities.
K. You agree that you will not:
1. utilize the PoliticalMajority.com
Facilities in a manner that violates any applicable local, state,
national or international law or governmental regulation, policy
procedure or ordinance;
2. charge any person for the
use or distribution of the PoliticalMajority.com Facilities;
3. sell, assign, rent, lease,
distribute, export, import, act as intermediary or provider,
act as a service bureau, or otherwise grant rights in or to
the PoliticalMajority.com Facilities, including, without limitation,
through sublicense, to any other person or entity;
4. remove any proprietary
notices from the PoliticalMajority.com Facilities, or from any
content, services, programming, or features contained on or
through the PoliticalMajority.com Facilities;
5. undertake, cause, permit
or authorize the modification, creation of derivative works,
translation, reverse engineering, decompiling, disassembling
or hacking of the PoliticalMajority.com Facilities and/or data
and/or content or programming transmitted, processed or stored
by PM or other users of the PoliticalMajority.com Facilities;
6. collect any information
or communication about the users of the PoliticalMajority.com
Facilities by monitoring, interdicting or intercepting any process
of or communication initiated by the PoliticalMajority.com Facilities
or by developing or using any software or any other process
or method that engages or assists in engaging in any of the
foregoing;
7. use any type of bot, spider,
virus, clock, timer, counter, worm, software lock, drop dead
device, packet-sniffer, Trojan-horse routing, trap door, time
bomb or any other codes or instructions that are designed to
be used to provide a means of surreptitious or unauthorized
access or that are designed to monitor, distort, delete, damage
or disassemble the PoliticalMajority.com Facilities or its ability
to communicate and function with other computers running the
PoliticalMajority.com Facilities;
8. attempt to hack the PoliticalMajority.com
Facilities or any communication initiated by the PoliticalMajority.com
Facilities or to defeat or overcome any encryption and/or other
technical protection methods implemented by PM with respect
to the PoliticalMajority.com Facilities and/or data and/or content
or programming transmitted, processed or stored by PM or other
users of the PoliticalMajority.com Facilities;
9. interfere with or in any
manner compromise any PM security measure; or
10. alter, modify, delete,
or otherwise interfere with or in any manner compromise any
content, programming, advertising, services and/or features
contained on or through the PoliticalMajority.com Facilities,
including, without limitation, the PoliticalMajority.com Facilities
advertising and/or content delivery and display functionality.
L. If you believe that your
Intellectual Property Rights have been violated or your copyright
infringed, please provide the following information to PM at the
following the contact information specified in http://PoliticalMajority.com/contact:
1. an electronic or physical
signature of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest;
2. a description of the copyrighted
work or other intellectual property that you claim has been
infringed;
3. a description of where
the material that you claim is infringing is located on the
site;
4. your address, telephone
number, and email address;
5. a statement by you that
you have a good faith belief that the disputed use is not authorized
by the copyright owners, its agent, or the law;
6. a statement by you, made
under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual
property owner's behalf.
4. Reservation of Rights.
A. You acknowledge and agree
that the PoliticalMajority.com Facilities may be incorporated
into, and may incorporate itself, software and other technology
owned and controlled by third parties.
1. The use of any such third
party software or technology that is incorporated in the PoliticalMajority.com
Facilities is governed by this Agreement.
2. The use of third party
software or technology may require you to explicitly accept
a license agreement with a third party.
B. You agree that:
1. PM, in its sole discretion,
may discontinue or suspend your right to access the PoliticalMajority.com
Facilities;
2. PM reserves the right to
add or remove features or functions, or to provide upgrades,
updates or programming fixes, to the PoliticalMajority.com Facilities
at any time in its sole discretion.
a. You agree to accept any
and all such upgrades, updates or programming fixes presented
to you, including version updates.
b. You agree that your failure
to accept any such fixes, updates and upgrades will permit
PM to terminate your right to use the PoliticalMajority.com
Facilities.
3. The PoliticalMajority.com
Facilities may periodically communicate with PM servers and/or
PM Products or Services used by other users.
4. Third party software included
as part of the PoliticalMajority.com Facilities may periodically
communicate with third party servers for the purposes described
in the applicable license agreement or privacy policy between
you and that third party.
5. PM has no obligation to
develop or make available to you any subsequent versions of
PoliticalMajority.com Facilities.
C. PM reserves the right to
refuse service to anyone, for any reason, in its sole, absolute,
unfettered discretion.
D. PM may, but is under no obligation
to do so, remove Content and terminate accounts containing Content
which PM determines, in its sole, absolute, unfettered discretion,
are unlawful, offensive, threatening, libelous, obscene, defamatory,
or otherwise objectionable or inappropriate, or which violate
the Terms of Service or the Intellectual Property Rights of third
parties.
E. By submitting ideas, suggestions,
documents, and/or proposals (.Contributions.) to PM through its
suggestion, feedback or contact webpages, via email, by other
means of communication, you acknowledge and agree that:
1. your Contributions do not
contain confidential or proprietary information;
2. PM is not under any obligation
of confidentiality, express or implied, with respect to the
Contributions;
3. PM is entitled to use or
disclose (or choose not to use or disclose) such Contributions
for any purpose, in any way, in any media worldwide;
4. PM may have something similar
to the Contributions already under consideration or in develoPMent;
5. your Contributions automatically
become the property of PM without any obligation of PM to you;
and
6. you are not entitled to
any compensation or reimbursement of any kind from PM under
any circumstances.
5. Access to and Use
of Your Computational Facilities.
A. You authorize and grant permission
for the PoliticalMajority.com Facilities to utilize the processor
and bandwidth of your computational equiPMent and facilities for
the limited purpose of facilitating the communication between,
and transmittal of data, content, services or features, to you
and other users.
B. You understand that the PoliticalMajority.com
Facilities include appropriate organizational and technical measures
to protect the privacy and integrity of the computational facilities
utilized by you as a PM user; however, you acknowledge and agree
that PM cannot give any warranties in this respect.
C. You understand that PM may
track your registration and usage of the PoliticalMajority.com
Facilities for quality control and maintenance purposes, to assist
us in making improvements to the PoliticalMajority.com Facilities,
to monitor your compliance with applicable law and the Terms of
Service, and to provide advertising and other content of potential
interest to you.
6. Links to Third Party
Sites.
A. The links provided either
through or framed within the PoliticalMajority.com Facilities
and any website operated by PM or its affiliates are provided
as a courtesy only, and the sites they link to are not under the
control of PM.
B. You agree that PM is not
responsible for the contents of any such linked site or any link
contained within a linked site, including any changes or updates
to such sites.
C. PM is providing these links
merely as a convenience, and the inclusion of any link does not
in any way imply or express affiliation, endorsement or sponsorship
by PM of any linked site and/or any of its content therein.
D. Image hosting is subject
to the terms and conditions of the relevant service provider.
Please refer to the image hosing provider for details and information.
7. Intellectual Property
Rights.
A. You agree that any and all
any and all Intellectual Property Rights contained in or relating
to the PoliticalMajority.com Facilities are and shall remain the
exclusive property of PM and/or its licensors.
B. Nothing in this Agreement
intends to transfer any PM Intellectual Property Rights to, or
to vest any such Intellectual Property Rights in, you.
C. You are only entitled to
the limited use of the PM Intellectual Property Rights granted
to you in this Agreement. You agree that your account is non-transferable
and any rights to your ID or contents within your account terminate
upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents therein permanently
deleted.
D. You agree not to take any
action to jeopardize, limit or interfere with the PM Intellectual
Property Rights.
E. You agree that any unauthorized
use of the PM Intellectual Property Rights is a violation of this
Agreement as well as a violation of intellectual property laws,
including without limitation copyright laws and trademark laws.
F. You understand that all title
and Intellectual Property Rights in and to any third party content
that is not contained in the PoliticalMajority.com Facilities,
but may be accessed through use of the PoliticalMajority.com Facilities,
including, without limitation, any content, programming, advertising,
services and/or features contained on or through the PoliticalMajority.com
Facilities, is the property of the respective content owners and
may be protected by applicable copyright or other intellectual
property laws and treaties, and that each such third party expressly
reserves all rights into such content.
8. Disclaimer of Warranties.
A. THE PoliticalMajority.com
FACILITIES ARE PROVIDED "AS IS." PM DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES, GUARANTEES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT
OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE.
B. PM DOES NOT REPRESENT
OR WARRANT THAT THE PoliticalMajority.com FACILITIES WILL ALWAYS
BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE,
COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS, NOR
DOES PM WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET,
OR ANY QUALITY OF TRANSMISSIONS OF DATA MADE THROUGH THE PoliticalMajority.com
FACILITIES.
C. PM DOES NOT WARRANT,
GUARANTEE OR REPRESENT THAT THERE ARE NO VIRUSES OR OTHER HARMFUL
COMPONENTS IN ANY OF THE HTML CODE OR OTHER SOFTWARE, SERVICES
OR FACILITIES, PROVIDED BY PM, OR THAT THE PoliticalMajority.com
FACILITIES WILL EMPLOY SUFFICIENT SECURITY METHODS.
D. YOU ACKNOWLEDGE
THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF
THE PoliticalMajority.com FACILITIES REMAINS WITH YOU TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
E. As some jurisdictions
do not allow some of the exclusions set forth in this Section;
thus some of these exclusions may not apply to you.
9. Limitation of Liability.
A. IN NO EVENT SHALL
PM, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS OR BUNDLED SOFTWARE PROVIDERS BE
LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE,
WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT
LIABILITY OR ANY OTHER THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS
OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS,
ARISING OUT OF THE USE OR INABILITY TO USE THE PoliticalMajority.com
FACILITIES, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF
PM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL PM'S LIABILITY TO YOU OR TO ANY THIRD PARTY EXCEED
THE AMOUNTS PAID BY YOU TO PM.
B. YOUR ONLY RIGHT WITH
RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE PoliticalMajority.com
FACILITIES IS TO CEASE USE.
C. Some jurisdictions
do not allow some of the exclusions set forth in this Section;
thus, some of these exclusions may not apply to you.
10. Termination.
A. This Agreement may be terminated
anytime by PM with or without cause, by notice to you.
B. In the event of termination
PM has no obligation to maintain, return or undertake any specific
treatment with respect to any Content that you have created, posted,
saved, stored or transmitted using the PoliticalMajority.com Facilities.
11. General Terms and
Conditions.
A. Electronic Signatures.
1. You agree to the use of
electronic communication in order to enter into contracts, place
orders and create other records and to the electronic delivery
of notices, policies and records of transactions initiated or
completed through the PoliticalMajority.com Facilities.
2. You waive any rights or
requirements under any laws or regulations in any jurisdiction
which require an original (non-electronic) signature or delivery
or retention of non-electronic records, to the extent permitted
under applicable mandatory law.
B. Investigation and Disclosure
to Governmental Authorities.
1. PM reserves the right to
investigate allegations or occurrences which may involve any
violations of the Terms of Service or Privacy Policy, and may
involve, and cooperate with, law enforcement authorities in
prosecuting users who have participated in such violations.
2. You agree that PM may disclose
information provided by you, or about you or your use of PoliticalMajority.com
Facilities, in compliance with lawful process, or to comply
with law enforcement requests or other legal, governmental or
regulatory orders or actions.
C. Modification of the Agreement
1. PM may modify any of the
terms and conditions contained in the Terms of Service, at any
time and in PM.s sole, absolute and unfettered discretion, by
posting a change notice or a new agreement on the Website. Modifications
may include changes in the scope of available services, products
or facilities.
2. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE USE
OF THE PoliticalMajority.com FACILITIES.
3. YOUR CONTINUED USE OF THE
PoliticalMajority.com FACILITIES FOLLOWING POSTING OF A CHANGE
NOTICE OR NEW AGREEMENT ON THE WEBSITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
D. Relationship of Parties.
Each party is an independent contractor, and nothing in this Agreement
creates any partnership, joint venture, agency, franchise, or
other relationship between the parties.
E. Force Majeure. PM not shall
be liable under this Agreement by reason of any failure or delay
in the performance of its obligations in this Agreement on account
of strikes, shortages, riots, insurrection, fires, flood, storm,
explosions, acts of God, war, governmental action, labor conditions,
earthquakes, or any other cause, which is beyond the reasonable
control of PM.
F. Assignment. PM may assign
this Agreement in whole or in part without your approval. This
Agreement shall be binding on, and inure to the benefit of, and
be enforceable against, the parties and their respective successors
and assigns.
G. Independent Investigation.
You acknowledge that you have read this agreement and agree to
all its terms and conditions. You represent and agree that you
have independently evaluated the PoliticalMajority.com Facilities
and are not relying on any representation, guarantee, or statement
other than as set forth in this agreement.
H. Waiver.
1. No waiver or consent by
any party of or to any breach or default of this Agreement by
the other party will be effective unless evidenced in writing.
2. No waiver or consent effectively
given as aforesaid will operate as a waiver or consent of or
to any other right or other or further breach or default in
relation to the same or any other provision of this Agreement.
3. PM.s failure to enforce
your strict performance of any provision of this Agreement will
not constitute a waiver of our right to subsequently enforce
such provision or any other provision of this Agreement.
I. Notice. Every notice, consent
or other communication provided for in this Agreement or arising
in connection therewith shall be emailed to the parties.
Either party may change its
email address by giving written notice to the other party to that
effect. Every such notice, consent or other communication delivered
shall be deemed to have been given and received on the day such
communication was delivered and every notice, consent or other
communication transmitted by email shall be deemed to have been
given and received on the day such communication was transmitted
by email, provided however that if such day falls on a weekend
or statutory holiday, then the notice, consent or other communication
shall be deemed to have been given and received on the next business
day following such day.
J. Survival. Should any term
or provision of this Agreement be deemed invalid, void or unenforceable
either in its entirety or in a particular application, the remainder
of this Agreement shall remain in full force and effect.
K. Interpretation. In this Agreement,
unless there is something in the subject matter or context inconsistent
therewith: (a) words, in the singular number include the plural
and such words shall be construed as if the plural had been used;
(b) words in the plural include the singular and such words shall
be construed as if the singular had been used; (c) words importing
the use of any gender shall include all genders where the context
or party referred to shall require, and the rest of the sentence
shall be construed as if the necessary grammatical and terminological
changes had been made; (d) the word person shall include an individual,
a trustee, executor, administrator or legal representative, a
partnership, an association, a body corporate, a trust, an unincorporated
organization and a corporation; and (e) the word writing includes
e-mail communications.
L. Language. The original English
version of this Agreement may have been translated into other
languages. In the event of inconsistency or discrepancy between
the English version and any other language version of this Agreement,
the English language version shall prevail.
M. Governing Law. This Agreement
shall be governed by and construed in accordance with the laws
of the State of South Carolina without regard to the conflict
of law rules applicable therein, and shall be treated in all respects
as if it was made and entered into in Charleston, South Carolina.
The parties to this Agreement hereby irrevocably and unconditionally
submit to the exclusive jurisdiction of the federal and state
courts having jurisdiction over contracts made and entered into
and to be performed in Charleston, South Carolina. You agree not
to bring claims on a representative, class member basis, or as
a private attorney general, and agree not to assert any claims
against PM unless such claims are asserted by you no later than
one year following the date that your claim or cause of action
arose, at which point said claims are forever barred.
N. Resolution of Disputes. Any
dispute, controversy, or claim arising out of, related to, concerning
or in connection with this Agreement or to the breach, termination
or invalidity thereof, or to the relationship of the parties hereto,
shall be finally settled and determined solely and exclusively
by arbitration administered by the International Centre for Dispute
Resolution (the ICDR) under its then current International Arbitration
Rules (the ICDR Rules). The written award of the arbitrators shall
be final and binding upon the parties, and judgment on or enforcement
of the award so rendered may be sought, had or entered in any
court having jurisdiction.
O. Entire Agreement. This Agreement
supersedes all prior written and oral representations, arrangements,
negotiations, understandings and agreements between the parties
relating to the subject matter hereof and sets forth the entire
complete and exclusive agreement and understanding between the
parties hereto relating to the subject matter hereof.
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