Terms of Service

The following terms and conditions govern all use of the FairVote.org website and all content, services and products available at or through the website. The Website is owned and operated by FairVote. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, FairVote's Privacy Policy) and procedures that may be published from time to time on this Site by FairVote (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by FairVote, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Responsibility of Contributors

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

Without limiting any of those representations or warranties, FairVote has the right (though not the obligation) to, in FairVote’s sole discretion (i) refuse or remove any content that, in FairVote’s reasonable opinion, violates any FairVote policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in FairVote’s sole discretion.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FairVote.org links, and that link to FairVote.org. FairVote does not have any control over those outside websites and webpages, and is not responsible for their contents or their use. By linking to an outside website or webpage, FairVote does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FairVote disclaims any responsibility for any harm resulting from your use of non-FairVote websites and webpages.

Copyright Infringement and DMCA Policy

As FairVote asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FairVote.org violates your copyright, you are encouraged to notify FairVote at [email protected] FairVote will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of FairVote or others, FairVote may, in its discretion, terminate or deny access to and use of the Website.

Intellectual Property

This Agreement does not transfer from FairVote to you any FairVote or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FairVote. FairVote, FairVote.org, the FairVote logo, and all other trademarks, service marks, graphics and logos used in connection with FairVote.org, or the Website are trademarks or registered trademarks of FairVote’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FairVote or third-party trademarks.

Changes

FairVote reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. FairVote may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

FairVote may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

Disclaimer of Warranties

The Website is provided “as is”. FairVote hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. FairVote makes no warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will FairVote be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FairVote under this agreement during the twelve (12) month period prior to the cause of action. FairVote shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the FairVote Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless FairVote, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

 

 

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