PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT SPECIFIES THAT MOST DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION, AND NOT IN COURT. BY USING THE SITES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE ANY OF THE SITES.
You should review these Terms regularly as they may change at any time at our sole discretion. Modifications will be posted on the Sites and will be effective as of the date of posting. We will endeavor to notify you of any material modifications to these Terms. Your continued use of the Sites following the posting of changes to these Terms constitutes acceptance of those changes. The “date of last revision” at the top of this page will be revised to reflect the posting date of the current Terms.
2. Acceptance of the Terms
You represent and warrant that: (a) you are of legal age to form a binding contract with FEC, and (b) if you are using our Sites on behalf of a person, company or entity, you represent and warrant that you have full legal authority to accept these Terms on behalf of that person, company or entity.
3. Using the Sites and our Content
(a) License Grant. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferrable, non-assignable, revocable license to: (i) use the documents, content, and other materials provided through our Sites (“Content”) for your personal non-commercial use; and (ii) display the web address of and hyperlink to our Sites on your website or application (“Your Site”). Other than the right to link to our Sites, you are not authorized to use any of our Content for any business purpose (tax-exempt or otherwise) without our separate written consent and attribution to FEC.
(b) Ownership. As between you and FEC, we and our affiliates own all rights, title, and interest in and to the Sites, Content and all associated databases, software, know-how, and other materials. Subject to the foregoing, you own all rights, title, and interest in and to Your Site. Except as expressly provided in these Terms, neither party grants, nor shall the other party acquire, any right, title or interest (including any implied license) in or to any property of the first party or its affiliates under these Terms. All rights not expressly granted in these Terms are withheld.
(c) Feedback. If you provide us feedback about the Content or our Sites, you hereby grant to FEC an unlimited, worldwide, royalty-free, perpetual, sublicensable (including through multiple tiers), and irrevocable right and license to use, share, commercialize, and otherwise exploit your feedback in any manner and for any purpose without any obligation to you.
4. Usage Requirements
In using the Sites and Content, you (and anyone acting on your behalf) must adhere to the following:
(a) You will use the Sites and Content only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with these Terms and the license granted in Section 3(a); and (iii) in a manner that does not infringe, misappropriate or otherwise violate any of our rights or those of any other person or entity.
(b) You will not state or imply that FEC or any of its affiliates is endorsing you, your viewpoints, or any of the products or services that you or your organization may provide.
(c) You will not remove, obscure, or alter any notice, including any notice of intellectual property right, appearing on or contained within the Sites and Content.
(d) You will not represent that you or your organization has a relationship with FEC, any of its affiliates, or any of the events, products, or services that we provide unless otherwise agreed in writing.
(e) You agree to abide by all security and safety measures on the Sites. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any content or enforce limitations on use of the Sites or Content. FEC reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Sites at any time. FEC may also impose limits on certain features of the Sites or restrict access to any part or all of the Sites without notice or penalty.
(f) You will not: (i) distribute, sell, lend, transfer, or grant any rights in or to all or any portion of the Sites and Content to any third party (except as permitted by Section 3(a)); (ii) use Content to create any software, website or service that functions substantially the same as the Sites; (iii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code of any component of the Content and associated databases, software or systems; (iv) copy, reproduce, distribute, publish, store, perform, modify, create derivative works from, transmit, transfer or in any way exploit the Content or the Sites or attempt to do so, except as expressly permitted under these Terms; (v) use the Sites and Content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device; or (vi) interfere or attempt to interfere in any manner with the functionality or proper working of the Sites.
(g) You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper, or any other automated means to access, compile, read, or gather Content from the Sites automatically.
5. Third Party Sites
6. Indemnification; Disclaimer of Warranties; Limitations on Liability
(a) Indemnity. You agree to defend, indemnify, and hold harmless us, our affiliates, and each of our employees, officers, directors, agents and representatives (“Representatives”), from and against all claims, damages, losses, liabilities, judgments, penalties, fines, costs, and expenses (including attorneys’ fees) arising from or relating to: (i) your breach or alleged or threatened breach by you of these Terms; (ii) your use of the Sites and Content; and (iii) Your Site. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend, and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state, or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state, or local laws, you shall be responsible for the negligent acts and omissions of your Representatives causing harm to persons not a party to these Terms.
(b) Disclaimer. THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO BE USED ONLY FOR INFORMATIONAL PURPOSES. FEC AND ITS AFFILIATES MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SITES AND CONTENT, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOU AGREE THAT USE OF THE SITES AND CONTENT IS AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR VERIFYING ALL OF THE CONTENT AVAILABLE ON THE SITES BEFORE RELYING ON IT. WE MAY DISCONTINUE PROVIDING ACCESS TO THE SITES AND CONTENT OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE OR OPERATION THEREOF, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE, NOR ANY OF OUR AFFILIATES, WARRANT THAT THE SITES AND CONTENT WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, CURRENT, COMPLETE, ERROR FREE OR FREE OF HARMFUL COMPONENTS.
(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR ANY OF THEIR RESPECTIVE REPRESENTATIVES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH ANY USE OF THE SITES, OR USE OF OR RELIANCE ON CONTENT, MATERIALS, OR LINKS (INCLUDING THIRD PARTY LINKS) MADE AVAILABLE ON OR THROUGH THE SITES. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO $100.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, FEC’s, their affiliates’, and their respective Representatives’ liability will be limited to the fullest extent permitted by applicable law.
7. Governing Law and Dispute Resolution
(a) These Terms are governed by and shall be construed in accordance with the laws of the District of Columbia, without giving effect to any conflict of laws principles.
(b) If any controversy or claim between you and FEC arises out of your use of the Sites, Content or these Terms (a “Dispute”) that is not resolved through direct discussions or mediation, the Dispute shall be resolved by final and binding confidential arbitration before a single neutral arbitrator administered by the American Arbitration Association in accordance with its consumer arbitration rules or subsequent versions thereof (“AAA Rules,” available at www.adr.org) or, if the claims qualify, in small claims court. Disputes include, but are not limited to: (i) all claims arising out of or relating to any aspect of the relationship between you and FEC, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; and (ii) all claims that may arise after termination of these Terms and/or your use of the Sites or Content. In arbitration there is no judge or jury, and court review of an arbitration award may be limited. However, an arbitrator can award on an individual basis the same damages and relief as a court. To begin an arbitration proceeding, the party bringing a claim must send a letter by certified mail to the other party requesting arbitration that describes the claim and specific relief sought. We will send the letter to the address or other contact information you have provided us. You must send the letter to us at the contact information provided below in the Notice section. The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in the District of Columbia. You may choose to have the arbitration conducted by telephone or video conference, based on written submissions or in person in the county where you live or at another mutually agreed location. We each agree that the statute of limitations for asserting any claims arising out of use of the Sites or Content or these Terms shall be a period of one year from your last use of the Sites or Content. Notwithstanding the foregoing, either of us may bring suit in court to enjoin infringement or other misuse of confidential information or intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, we each hereby consent to the jurisdiction of the state and federal courts located in the District of Columbia and irrevocably waive any right we each may otherwise have to challenge the appropriateness of such forums on any basis, including but not limited to lack of personal jurisdiction, improper venue, or inconvenience of the forum, and waive any right to a jury trial. This dispute provision will survive termination of these Terms.
(c) You have the right to opt out and not be bound by the dispute resolution provision set forth above by sending a written notice of your decision to opt-out to the contact information provided below in the Notice section, with the subject line, “ARBITRATION OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Sites; otherwise, you will be bound to arbitrate disputes in accordance with this section. Note that if you opt out of these arbitration provisions, FEC also will not be bound by them.
FEC respects the intellectual property rights of third parties and requires others to do so also. If you believe that your copyrighted work or other intellectual property right is being used on our Sites in a manner that infringes your work, you must notify FEC as set forth below in this section.
FEC will investigate notices of claimed copyright infringement and other intellectual property violations that it receives and take necessary actions under the Digital Millennium Copyright Act (“DMCA”) regarding any asserted or actual infringement. To report such a claim, email FEC’s “Designated Copyright Agent” or “DMCA Agent” at firstname.lastname@example.org with the Subject line “Takedown Request Per DMCA”. You may also contact this DMCA Agent at: Fair Elections Center, Suite 701, 1825 K Street NW, Washington, DC 20006. This notice must be written and must contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right infringed;
- A description or the copyright work or other intellectual property right that you claim has been infringed;
- A description of the material that you claim is infringing and the location where the infringing material resides on our Site(s) (such as a link to such material on our Platform);
- Your street address, telephone number, and email address;
- A statement that you have a good faith belief that the asserted infringing use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that all of this information recited above in your notice is accurate and complete and that you are the owner or authorized to act on behalf of the copyright owner or other intellectual property owner.
- You may submit a “Counter-Notification” to our DMCA Agent if you believe that your content was the subject of a DMCA notice, and that FEC removed, is not infringing (or is otherwise authorized by law) and was removed improperly. To submit this notice you must provide in writing:
- Your physical or electronic signature;
- Identification of the content that was removed and the location at which it appeared before its removal;
- A statement that you have a good faith belief that the content was removed as a result or a mistake or misidentification of that content;
- Your street address, telephone number, and email address; and
- A statement that you consent to jurisdiction of the federal courts within New York for the litigation of any disputes involving the counter-notification and that you will accept service of process.
FEC will send a copy of any counter-notification that it receives regarding your content to the complainant (copyright owner or other intellectual property owner), informing the complainant that it may restore the removed content within ten (10) business days. If the complainant declines to do so, unless the complainant files an action seeking a court order against the poster, FEC may restore that content in ten (10) to fourteen (14) business days after receipt of the counter-notification.
9. General Terms
(a) Survival. Sections 6, 7, and 8 of these Terms shall survive any termination of these Terms.
(b) Electronic Communications. You agree that (a) these Terms constitute an agreement signed by you under applicable law; (b) any notices or other communication regarding your use of the Sites may be provided to you electronically (by posting on the Sites, by e-mail, and other electronic formats) and will be considered received upon posting or other distribution.
(c) Additional Terms. In addition to these Terms, your use or access of the Content may also be subject to any other agreements you have with FEC. In the event the terms of such other agreement conflicts with these Terms, such other agreement will apply.
(d) Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and FEC or any of FEC’s affiliates. FEC and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
(e) Use of Brands. You will not use FEC’s or any of its affiliates’ names, logos, or trademarks, without our prior written consent.
(f) Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may freely assign or delegate any and all rights and obligations under these Terms without notice to you.
(g) Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to FEC and its affiliates. Accordingly, you agree that, if you violate or breach these Terms, FEC shall have the right to seek injunctive relief against you in addition to any other legal remedies that FEC may have.
(h) Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and FEC regarding the use of the APIs and supersedes any prior or contemporaneous agreements, communications, or understandings between you and FEC on that subject.
(i) Notices. All notices will be in writing and will reference these Terms. We may notify you using the information you provided, including by email. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. FEC accepts service of process at this address:
|Fair Elections Center, Inc.
1825 K St. NW, Suite 701
(j) Waiver and Severability. If you do not comply with these Terms, and FEC does not take action right away, this does not mean the FEC is giving up any rights it may have (such as taking action in the future). If a particular term in these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.