Elect435 Terms of Use Agreement

Welcome to Elect435, a public benefit corporation (together with its affiliates, officers, directors, agents, employees, representatives, Clients and their respective affiliates, collectively, "Elect435").

This Terms of Use ("Agreement") is a contract between you ("you") and Elect435 and governs your access and use of the Elect435 website and application as wells as all websites owned and operated by Elect435 that have this Agreement posted (collectively, the "Website"), including, but not limited to, all transactions conducted on websites provided by grassroots organizations that have licensed and re-branded the Elect435 Website. By accessing or using the Website, you signify that you have read all of the terms and conditions in, and linked to, this Agreement (including Elect435 Privacy Policy), and you agree to be bound by this Agreement, whether or not you access or use the Website (in each such capacity, a "User"). If you do not agree with all of the terms and conditions in this Agreement, please do not access or use the Website.

This Agreement supersedes any previous agreement to which you and Elect435 may have been bound (provided that if you are an Elect435 Client who has a separate written agreement with Elect435, the terms of that separate agreement will control with respect to any provision that conflicts with this Agreement). This Agreement may be modified by Elect435 in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Elect435 on the Website (as indicated by the posted update date). Your activity on the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications.

If you do not agree with any such modifications, please immediately terminate your registered Elect435 account, if any, as outlined in Section 8 below, and please immediately stop accessing and using the Website.

This Agreement is divided into the following sections:

1. Participation
2. Additional Website Features
3. Acceptable Use
4. Proprietary Rights
5. Disclaimers; Limitation of Liability
6. Governing Law; Resolution of Disputes; Arbitration and Waivers
7. Indemnity
8. Term; Termination 
9. Entire Agreement; Severability; Assignment

 

1. Participation

IA created and operates the Website, which allows you to research candidates for US congress, to make donations to those candidates and to support their campaigns through volunteering.

To donate and volunteer, you must register with the Elect435 Website. Donations made via the Elect435 Website are philanthropic and political in nature. They are not cancellable by the User and are not tax-deductible.  Only US citizens are eligible to financially support campaigns.  When you make a donation, there is a credit card transaction fee of 10%.

1.1       Donation Disbursement. Donations made on the Indivisible Army website go directly to the campaign of the candidate the user has selected.  The money does not pass into an Indivisible Army account for further distribution. Once the transaction is confirmed, the funds are immediately available to the campaign.  Transfers are processed through Democracy Engine.  You can elect to donate on a regular, periodic basis, for example, every month. In this case, funds will be transferred from your designated account (e.g., your checking account) to the campaign automatically according to your instructions.  You can opt to cancel recurring donations at any time prior to a transaction being processed, but please allow at least 24 hours before the next occurrence for a recurring transaction cancellation to be processed.

1.2       Tax Deductibility.  Contributions to political campaigns are not tax deductible. Also, as Indivisible Army is a benefit corporation, and not a 501-c(3) charitable organization, donations to Indivisible Army are also not tax deductible.

1.3      User Account Inactivity.  IA welcomes its Users' active participation in contributing to political campaigns. However, there may be occasions when a User does not log in to the Website for an extended period of time, IA may consider the User "inactive". In such cases of User inactivity, Indivisible Army may elect to automatically terminate the inactive User account.

 

2. Additional Website Features

2.1      Auto-donation. Without in any way limiting any provisions of Section 1 of this Agreement, Indivisible Army may implement Website features pursuant to which a User can elect to donate on a regular, periodic basis, for example, every month – in lieu of manually accessing her registered account to specify a donation to make. In this case, funds will be transferred from the designated account (e.g., user’s checking account) to the campaign automatically according to the user’s prior instructions.

To the extent a User chooses to activate the auto-donating feature on the User’s registered account, and depending on the particular preferences selected by the Donor, You further acknowledge and agree that any Donations transacted under the auto-donation feature are in all respects Donations voluntarily made by You as the Donor, based on Your instructions as reflected in Your preference settings simply executed by the Indivisible Army system and subject to overall availability of Donations and other feature parameters, and are under no circumstances to be considered to be Donations chosen by Indivisible Army on Your behalf.

Furthermore, in no event will a Donation made pursuant to the auto-lending feature, by a User who has chosen to activate the auto-Donation feature, be cancellable by or refundable to You. Indivisible Army may modify or terminate the auto-Donation functionality at any time or from time to time.

2.2      Independent Indivisible Army Events. IA does not review, approve, endorse, advise, or provide organizational oversight of Indivisible Army-themed clubs and/or events established or held by persons who are not Indivisible Army employees or formal volunteers. For example, educators and students might form independent school Indivisible Army clubs or hold Indivisible Army-themed lessons, and Users might host Indivisible Army-themed events in their communities. Although Indivisible Army does not provide direct oversight or guidance to Indivisible Army-themed clubs, groups, and/or events, you agree to uphold Indivisible Army’s values at all meetings and events, and in any promotion of your club, group or event. This means that you will promote an environment where all group members and/or event attendees are treated with respect, and are not discriminated against based on factors such as race, ethnicity, religion, gender or gender identity, sexual orientation, age, national origin, disability, or socioeconomic status.

YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGES YOU MAY SUSTAIN OR THAT MAY BE SUSTAINED BY OTHERS IN CONNECTION WITH YOUR USE OF INDIVISIBLE ARMY RESOURCES AND/OR YOUR INDIVISIBLE ARMY -THEMED MEETINGS OR EVENTS. YOU HEREBY RELEASE AND FOREVER HOLD HARMLESS INDIVISIBLE ARMY FROM AND AGAINST ANY LIABILITY ARISING FROM SUCH INJURIES AND/OR DAMAGES.

3. Acceptable Use

3.1 Appropriate Conduct. You may access and use the Website for your personal, non-commercial use. The Website may not be accessed or used by you in connection with any other endeavors – commercial or otherwise – except as previously approved in writing by an authorized representative of Indivisible Army. Your access and use of the Website shall be in strict compliance with this Agreement, including, without limitation, Indivisible Army’s Privacy Policy, all other procedures and guidelines set forth on the Website, as well as applicable law. Indivisible Army has the right to investigate and take appropriate legal action (including, without limitation, civil, criminal and injunctive redress) against any illegal and/or unauthorized uses of the Website, including collecting or harvesting (whether or not by automated scripts) the name, email address or any other personal or confidential information of any User, Client, Borrower or any other person by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.

You may not use the Website in any manner that could damage, disable, overburden or impair the Website or software, systems or equipment of Indivisible Army or any User, Client, or other person. You may not use the Website in any manner that, in Indivisible Army’s sole discretion, creates a poor user experience for any other User, such as by posting content specifically designed to attract a negative reaction from an individual or group, Although Indivisible Army assumes no obligation to monitor the conduct of any User on or off the Website, it is a violation of this Agreement to use the Website or any information obtained from the Website, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in messages or creating or joining groups in bad faith), (ii) prevent or exclude others, who are using the Website in compliance with this Agreement, from accessing, viewing or funding a particular candidate profile, (iii) promote or enable illegal activities, (iv) defraud or deceive any person, (v) promote or solicit involvement in support of any political platform, legislation or campaign activity for or against political candidates, (vi) publicly share information about a Borrower’s delinquency or default, (vii) access and use the Website by scripts, bots or other automated technology, (viii) contact, advertise to, solicit, "spam," or sell to any User, Client, or other person without their prior explicit consent, or (ix) post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in Indivisible Army’s opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; is defamatory, libelous, or invades another person's privacy or proprietary rights; or contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or disruptive codes, components or devices.

IA reserves the right at all times (but will not have an obligation) to restrict, suspend or terminate the participation of any User or any group from the Website at any time, with or without prior notice. In order to protect Users and other persons from advertising, solicitation or harassment, Indivisible Army reserves the right to remove or refuse to post or distribute any content from the Website that violates acceptable use in Indivisible Army’s sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that Indivisible Army deems appropriate, in Indivisible Army’s sole and absolute discretion.

3.2  Safety and Security. To protect your own safety and well-being, you agree to take prudent safeguards and precautions in your use of the Website, including without limitation in your interaction with other Users, whether offline or online. Indivisible Army strongly recommends that you do not post any personal contact information (for example, personal email addresses, personal phone numbers or home addresses) and use your discretion if any person (a) requests to communicate outside of the Website (for example, by email, phone or in-person), (b) requests money, goods or any similar type of assistance other than through an official Donation request on the Website, (c) asks for assistance with personal transactions (for example, depositing funds and shipping merchandise), or (d) requests your personal contact information or financial information. You agree never to share (i) your credit card number or bank information, (ii) Social Security Number or government-issued identification numbers (for example, driver's license number) or (iii) mother's maiden name or other private information that can be used to access your financial information. As with any interaction, keep in mind that it is always possible for people to misrepresent themselves.

In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Indivisible Army, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree not to impersonate any person or entity. You will promptly report to Indivisible Army any violation of this Agreement by others of which you become aware.

4. Proprietary Rights

4.1       Rights in Content on the Website. "ACT," “Indivisible Army”, the "ACT" logo and other Indivisible Army graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Indivisible Army (collectively, "IA Marks"). Indivisible Army Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Indivisible Army. Indivisible Army or its licensors own and retain all proprietary rights in the Website and all content, material and information posted, uploaded, transmitted or otherwise shared by Indivisible Army thereon (collectively, "Content"). The Website contains the copyrighted material, trademarks and other proprietary information of Indivisible Army and its licensors. You may display and make limited copies of the Content (other than the Indivisible Army Marks) for your personal, non-commercial use, but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of Indivisible Army.
If we later remove content from the Indivisible Army website, you shouldn’t continue to share that information with others.

If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on the Website or to Indivisible Army, including without limitation any feedback provided to Indivisible Army (collectively, "User Generated Content"), you agree to grant, and hereby grant to Indivisible Army an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license. In addition, you agree to release, discharge and agree to hold harmless Indivisible Army from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.

You acknowledge, consent and agree that Indivisible Army may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and User Generated Content in order to: (i) comply with any applicable law, regulation, legal process, or governmental request; (ii) respond to claims that any Content violates the rights of third parties, including without limitation intellectual property rights; (iii) enforce this Agreement and investigate potential violations thereof; (iv) detect, prevent, or otherwise address fraud, security, or technical issues; (v) respond to your requests for customer service; or (vi) protect the rights, property, or personal safety of Indivisible Army, its users, or the public. Please see the Privacy Policy for more information regarding the use and disclosure of information.

4.2       Notices of Infringement. To file a notice of infringing material on the Website, please provide a notification containing the following details:

• Reasonably sufficient details to enable Indivisible Army to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
• Reasonably sufficient details to enable Indivisible Army to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
• Your contact information so that Indivisible Army can contact you (for example,your address, telephone number, email address);
• A statement that you have a good faith belief that the use of the material identified by you is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to Indivisible Army on behalf of the owner of the exclusive right that is alleged to be infringed; and
• Your physical or electronic signature.

Then send this notice by mail to :
Indivisible Army
5 Castle Road, Lexington, MA 02420

Or by email to: contactus@indivisiblearmy.org

If material that you have posted to the Website has been taken down, you may file a counter-notification that contains the following details:

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
• Your name, address and telephone number;
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Indivisible Army is located and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as generally described above; and
• Your physical or electronic signature.

Then send this notice to Indivisible Army’s DMCA Agent based on the contact information provided above in this Section. Indivisible Army shall have no obligation to review or act upon such notice, other than in its sole disretion.

4.3       Third Party Content and Sites. The Website contains links (or you may be sent through the Website) to other web sites ("Third Party Sites"), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Indivisible Army, and Indivisible Army is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Indivisible Army. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that Indivisible Army’s 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 Website.

5. Disclaimers; Limitation of Liability

Indivisible Army is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Website, whether caused by any User, Campaigns, or other person or by any associated the equipment or programming. You also acknowledge and agree that neither Clients nor Campaigns are liable for content created and posted on the Website. Indivisible Army is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website, Indivisible Army assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.

 Indivisible Army is not responsible for your interactions with any other User or any Campaign (even to the extent prohibited by this Agreement) and any disputes or damages that may result from such interactions. Indivisible Army reserves the right, but has no obligation, to monitor disputes between you and such persons.

Under no circumstances will Indivisible Army be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website, whether online or offline. Indivisible Army does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website.

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT (INCLUDING THIRD PARTY DATA PROVIDED TO INDIVISIBLE ARMY) OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE WEBSITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE AND OFFLINE INTERACTIONS WITH ANY PERSON.

Indivisible Army will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent Indivisible Army or omission by Indivisible Army or "force majeure" or any other cause beyond the control of Indivisible Army.

You understand that any and all decisions made by you with respect to the Website are yours alone. Indivisible Army cannot and does not verify the accuracy of information from Clients, other Users, or Campaigns. Indivisible Army shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from use of the Website; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of making a Donation to a Candidate or as a result (directly or indirectly) of utilizing information received in connection with the Website. You acknowledge and agree that Indivisible Army is not acting as your fiduciary, and Indivisible Army assumes no advisory or fiduciary responsibility with respect to you in connection with the Website. In addition, in no event will Indivisible Army be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website, even if Indivisible Army has been advised of the possibility of such damages, costs, losses or expenses.

6. Governing Law; Resolution of Disputes; Arbitration and Waivers

This Agreement is governed by the laws of the state of Delaware, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and Indivisible Army, including, without limitation, any dispute arising from or relating to the Website, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association if the amount claimed is greater than $100 and otherwise over the telephone or in another city in which Indivisible Army is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and Indivisible Army. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Delaware statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Indivisible Army may seek any injunctive relief in a state or federal court as may be necessary to preserve rights pending the completion of arbitration and Indivisible Army may seek any injunctive relief in a state or federal court at any time against any violations of Section 3 (Acceptable Use) or Section 4 (Proprietary Rights) of this Agreement.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND INDIVISIBLE ARMY HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.

You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.

7. Indemnity

You agree to indemnify and hold Indivisible Army harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or arising from your breach of this Agreement.

8. Term; Termination

This Agreement will remain in full force and effect while you access or use the Website and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your registered account is terminated. From time to time, Indivisible Army may make features available to Users. Indivisible Army reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether you are eligible or remain eligible to use the Website, or take advantage of any Indivisible Army services, may be determined by Indivisible Army in its sole and absolute discretion.

IA may also terminate your registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to Indivisible Army. If your registered account is terminated by Indivisible Army, you agree not to access or use the Website.

9. Entire Agreement; Severability; Assignment

This Agreement, accepted upon your access and use of the Website and further affirmed by becoming a User, contains the entire agreement between you and Indivisible Army regarding the use of the Website.

This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. Indivisible Army has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall Indivisible Army to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Indivisible Army is Benefit Corporation, founded and fueled by passionate, progressive people. Indivisible Army was founded in 2018, and is headquartered in Lexington MA.