Building the People’s Voting System

Terms of Use

Mobile App/Service

December 10, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING, REGISTERING FOR, OR SUBMITTING CONTENT TO THE SERVICES (DEFINED BELOW) FROM THE VOTEREADY APP AND SERVICE. BY USING, REGISTERING FOR, OR SUBMITTING CONTENT TO THIS APP AND SERVICE, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, YOU MAY NOT USE, REGISTER FOR, OR SUBMIT CONTENT TO THE VOTEREADY APP AND SERVICE.

1. General

This Agreement is between the OSET Institute, Inc. and its affiliated fiscally sponsored projects (collectively “OSET”) and you. The service covered by these Terms of Use (“Services”) include OSET’s VoteReady app and service (the “Services”), mobile web sites, and other Internet enabled or wireless means by which OSET provides content to you or receives content from you, including, without limitation, downloadable or preloaded software applications (including, without limitation, OSET mobile applications and tablet applications, content and blog submission services, text/SMS messaging, email messaging, alert products, and delivery of OSET or TrustTheVote Project content to you at your request. “Services” do not, however, include websites of OSET and its affiliates that primarily serve international markets or collaborating organizations and institutions, or any other services of OSET. The Services are owned and operated by OSET, but may include elements licensed from or provided by third parties. OSET has the right at any time to change or discontinue any of the Services or any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services. OSET has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice (except as and when required by law or as stated in these Terms of Use).

2. Privacy Policy

By using any of the Services, you are agreeing to the terms of OSET’s privacy policy (located at https://www.osetfoundation.org/privacy) and the collection, use and sharing of information, including without limitation your personal information, described therein.

3. Registration

Some of the Services may provide you with the opportunity to register by creating a user account or entering data to enable you to access your voter registration information in your state of current registration, in order to enable certain features or receive certain information. OSET will use the information you provide in accordance with OSET’s Privacy Policy. By registering, you represent and warrant that all information that you choose to provide is current, complete and accurate. You agree to maintain and promptly update such information as necessary, so that it remains current, complete and accurate. If the registration process requires you to create and use log-in credentials such as an email address or user name along with a password, you acknowledge and agree that OSET may rely on the subsequent use of your log-in credentials to provide access to your account and the information you have provided. You are responsible for all use of your account, regardless of whether you authorized such access or use, and for ensuring that all use of your account complies fully with these Terms of Use.

4. Equipment

You shall be responsible for obtaining and maintaining all devices, wired or wireless communications means, mobile/smart phone, computer software, computer hardware and other equipment needed for access to and use of the Services.

5. Restrictions on Use

  1. You shall use the Services for lawful purposes only. You shall not use the Services to access any voter information other than your own. Any conduct by you that in OSET’s discretion restricts or inhibits any other user from using or enjoying the Services is not permitted.
  2. The Services contain copyrighted material, trademarks and other proprietary information, including, without limitation, animation, text, software, images, video, graphics, music and sound, and the rights to the contents of the Services under the United States copyright laws and other laws are owned or controlled by OSET. While you may access, view, use and display the Services for your personal use, you may not modify, reproduce, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the content will be permitted without the express written permission of OSET and any relevant third party copyrights owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
  3. The foregoing provisions of Paragraph 5 are for the benefit of OSET, its fiscally sponsored projects, affiliates, collaborators, and its third party data providers, contractors, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Mobile Messages and Alerts

These terms relate specifically to your use of any of OSET’s text/SMS message and alert services for the Service. The Services provide messages and alerts related to your voter registration record, and/or registration status and/or public elections for which you are qualified to participate.

  1. Subscription to the Services. By registering with and subscribing to the Services, you represent and warrant that you are in lawful possession of the mobile phone or wireless device to which are directing messages to be sent. You agree and represent that all registration and contact information provided during the sign-up process, including the mobile phone number registered for the Services, is accurate and current. If any of your registration or contact information or your mobile phone number changes, you agree to update it immediately. You are solely responsible for the use of the Services by you and anyone you allow access to the Services.
  2. Short Code; Quantity of Messages. Text message alerts will come from short code 868683. OSET provides several types of recurring messages and alerts. Some are sent daily and some are sent only when certain conditions occur. The number of alerts received will vary by alert type and also depends on the settings you choose. You acknowledge and agree that OSET may send you Services related messages related to maintenance, usage, tips, reminders, technical support and the operation of the Services.
  3. Functionality; Security; Mobile Use Precautions. The Services may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier’s network and text messaging platform, and restrictions set by your carrier to your account. Neither OSET nor its third party service providers guarantee message delivery, completeness, accuracy, or timeliness, or that Services will be available at all times. Neither OSET nor its third party service providers are responsible for messages that are lost or misdirected.
  4. Third Party Charges and Mobile Alerts. A mobile phone or wireless device is required to use the Services. The Services may not be available on all carriers or on all rates plans. OSET does not charge for the Services, however, standard message and rates may apply from your mobile or wireless device carrier. Your carrier may charge you for each text message sent and received. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Services. Under no circumstances will OSET, its third party service providers, agents or affiliates be responsible or liable for any text messaging or wireless service charges incurred by you, any person responsible for charges related to the registered mobile or wireless device, or any person having access to the registered mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with any mobile or wireless device carrier.

7. How to Opt Out

You may opt out of the Services at any time by texting the keyword “STOP” to 868683. If you have registered for the Services at voteready.org, you may also have the ability to opt out by signing into your Account and disabling the Services. Upon receipt of your opt-out message, you agree to OSET or its third party service provider sending to your mobile phone or wireless device an OPT OUT confirmation message that confirms your election to terminate participation in the Services and that may also contain contact information and/or instructions as to how you can opt back in to the Services. You agree that, upon opt-out, your participation in the Services is deemed terminated immediately.

8. User Care

For user support, text: “HELP” to 868683, visit: https://voteready.org on the Internet, or send email to: voteready@osetinstitute.org.

9. Disclaimer of Warranty; Limitation of Liability

  1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER OSET, ITS FISCALLY SPONSORED PROJECTS NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, COVERED PARTIES) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. IN NO EVENT WILL COVERED PARTIES OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES, AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES.
  2. THE SERVICES ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES.
  3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS, WHICH MAY NOT BE DISCLAIMED.
  4. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL OSET’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.
  5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF PARAGRAPH 7 MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify and hold harmless OSET and its suppliers, licensors and fiscally sponsored projects and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your unauthorized use of the Services or content obtained through the Services, (d) any violation of any law or regulation by you, and (e) your breach of this agreement. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.

11. Trademarks

OSET, The TrustTheVote Project, VoteReady, and each of their logos are trademarks of OSET Institute, Inc. All rights reserved. All other trademarks appearing on the Services are the property of OSET or their respective owners.

12. Viruses

OSET also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of the Services.

13. Export Control

Software and other materials from the Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. OSET does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.

14. Business Associates

The business associates of OSET identified on the Services are independent contractors of OSET. The business associates are not joint venturers or partners of OSET. No employee or representative of the business associates is under the control of OSET.

15. Links

The Services may incorporate links to other Web sites. OSET does not in any way endorse, nor is it responsible for, the content on those other Web sites.

16. Changed Terms

OSET has the right at any time to change or modify the terms and conditions applicable to use of the Services, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective (i) immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Services, or by electronic or conventional mail, or by any other means or (ii) where required by law, 30 days after their publication through the Services. Any use of the Services by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions. If any modification to these Terms of Use is unacceptable to you, you may immediately terminate your use of the Services.

17. Miscellaneous

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California without regard to its conflicts of law principles. All disputes under this Agreement shall be resolved by the State or Superior Courts of Santa Clara County in the State of California or in the United States District Court for the Northern District of California, and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it. No waiver by OSET of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Contact information for the OSET Institute VoteReady Services:

OSET Institute, Inc.
530 Lytton Avenue, 2nd Floor
Palo Alto, CA 94301 USA
Attn: VoteReady Services
Email: voteready@osetinstitute.org

 

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