Terms of Service

 

 

Subject to the terms of service ("Terms" or “Terms of Service”) of this agreement (“Agreement”), you (the Customer) are granted a limited, nonexclusive license to use VoterLabs, Inc. (the “Company”) services ("VoterLabs Services" or “Services”). For the purpose of this Agreement, VoterLabs shall mean the Company and licensors. The following Terms of Service govern the use of the VoterLabs Services and VoterLabs Data. By visiting VoterLabs, accessing the Data or using VoterLabs Services, you expressly agree to be bound by these Terms.

Limited License Permitted Use

The VoterLabs services consist of data services such as data storage, enhancement, matching, appends, modeling, and targeting of voter, consumer or other data; delivery of voter and consumer data (“Data”), and other materials from a wide variety of sources; mobile messaging, including SMS, MMS, mobile instant messaging or other messaging principally transmitted by Network Operators (as defined in "Network Operators" below), online and mobile information aggregation and delivery including the Internet and third party sources (the "Service" or "Services"); donation processing via credit card or third party billing vendors

VoterLabs grants Customer a non-exclusive, non-transferable, limited license to use the Services and use the Data solely for their direct marketing, market research and voter or donor prospecting purposes, in strict accordance with the Terms of the Agreement subject to the Terms of Service set forth herein and any additional terms set forth in an addendum, service order or other agreement executed by both parties (a "Service Order"). Customers assigned user names and passwords accept responsibility for any use Services under the user names assigned to the Account. Customer agrees to maintain the security of the user names and passwords and will promptly notify VoterLabs if there is any unauthorized use thereof by contacting VoterLabs atsupport@VoterLabs.com. Certain portions of the Data available through the Service are only available via license with use rights that are based upon subscription access. In such case of subscription access, rights to the Data expire upon expiration or cancellation of the Account, and in such case you shall discontinue use of the Data and, as requested by VoterLabs, either (i) return the Data to VoterLabs without retaining any copies thereof or any notes or other information thereon or (ii) provide a certificate, executed by you, in form and substance satisfactory to VoterLabs, that the Data has been destroyed in such a manner to render the Data permanently unreadable and unrecoverable.

Customer use of the Service and/or the Data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email, facsimile marketing and customer solicitation.

Customer use of any United States email, phone, or other contact Data will comply with all applicable Laws, including the TCPA, CAN-SPAM Act, COPPA, and any State Registry Laws.

VoterLabs reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of VoterLabs to review such use will not constitute acceptance of such use or waive any of VoterLabs’s rights hereunder or limit any of your obligations with respect to the Data.

VoterLabs reserves the right to deny access to any Customer, customer’s agent, possessor of an account user name and password, or any other user or group of users to the VoterLabs Service, at its sole discretion, at any time, and for any reason or no reason. VoterLabs reserves the right to remove any Data from the VoterLabs database at any time and for any or no reason.

Customer Representations and Warranties.

You represent and warrant to VoterLabs that you (a) have full power and authority to enter into this Agreement; (b) will comply Applicable Law and Regulations; (c) will not cause VoterLabs to become subject to any financial services, money laundering, or other regulatory requirements, whether under the laws of the United States or any foreign jurisdiction; and (d) will not cause VoterLabs to violate any Applicable Law.

You warrant that all information you provide during registration is accurate and complete, and you will update any inaccurate or incomplete information immediately. To access the VoterLabs system, you must designate a login and password. You are responsible for ensuring the security of this information and will notify VoterLabs immediately upon any suspected unauthorized activity associated with the VoterLabs system.

Limitations on Use

Voter and Donor Data Usage Use of and access to voter list data is restricted in some jurisdictions.

By using VoterLabs, Inc. data enhancement services, you agree that you will use voter records in a manner consistent with the laws of each state for which voter records, or data obtained from voter records, is provided.

Any record returned that contains information for, or denotes association with, a registered voter, whether or not explicitly, such as containing: voter registration dates; political party preference; indication of a request for, or return of, an absentee ballot; or participation in an election, is considered a voter record and shall be governed by this agreement as such.

Use of voter records are generally restricted to non-commercial political purposes, such as educational communications concerning an election, candidate for election, elected official, political or policy issue, or governmental proceeding, policy or process.

Any information copied, or otherwise obtained, from any FEC report or statement, or any copy, reproduction, or publication thereof, filed under the Act, shall not be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose, except that the name and address of any political committee may be used to solicit contributions from such committees. Records indicating a state or local contribution are exempt from FEC prohibitions but may be governed by state or local law or regulation.

Resale Prohibited. Data may be used solely for your own personal or internal business purposes. Except as otherwise permitted in writing, Customers may not sell, lease, rent or, except as otherwise set forth in this Agreement, provide to any other party (i) the Data or a derivative of the Data, (ii) your own file, as enhanced with the Supplemental Data, or (iii) any direct marketing list, model, analysis, code, or report utilizing or derived from the Data.

TCPA Compliance

Text message communications are governed by the Telephone Consumer Protection Act (TCPA) as enacted by Congress and administered by the Federal Communications Commission.

The TCPA requires prior express consent for all autodialed communications to cell phones, including text messages, from political and nonprofit organizations. 47 U.S.C. 227(b)(1)(A)(iii)

Penalties for violating the provisions of the TCPA can range from $500-$1500 per unsolicited call or message.

VoterLabs, Inc. messaging service helps facilitate compliance by requiring respondents to account holder communications to opt-in to receiving SMS messages.

In the case of user uploaded lists, users of VoterLabs, Inc. messaging services are responsible for having obtained, and maintaining a record of, prior express consent.

For more information please consult the FEC.

Additional Limitations

Unless specifically authorized in advance and in writing by VoterLabs, you will not share, sell, transfer or otherwise make the Service or Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity.

You will not name or refer to VoterLabs or your use of the Service or Data in any of your advertisements or promotional or marketing materials without prior written permission from the Company.

You will not use the Service or Data for, but not limited to, consumer credit purposes, underwriting any form of consumer insurance, employment screening or offer purposes, tenant screening purposes consumer debt collections or for any other purpose covered by the federal Fair Credit Reporting Act (15 U.S.C. §1681, et seq.) or for any other purpose not expressly authorized by the Agreement.

Without the Company's written permission, you shall not duplicate, download, publish, modify, create derivative or otherwise distribute the Data derived from the Service for any commercial use, or for any purpose other than as described in these Terms. You acknowledge that the Company retains ownership of all material contained on the Service, including trademarks, content, and other proprietary content.

You shall not use the Service or Data in any manner that harasses, invades the privacy of or harms any person in any way.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy VoterLabs web pages or the content contained thereon or for any other unauthorized purpose without the Company’s prior expressed written permission. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from the Service without the prior expressed written permission from the Company.

You agree that you shall not use the Service in violation of any international, federal, state, or local Law, rule or regulation, whether now existing or enacted in the future, or in any manner that would cause the VoterLabs to violate any such Laws, rules, or regulations.

You understand and acknowledge that when you register for the VoterLabs Service, you agree to provide and maintain accurate, current, and complete information. In the event you provide any information that is inaccurate, not current, or incomplete, VoterLabs has the right to suspend or terminate your access and use of any and all Services under the Agreement.

Violation of the Terms.

You agree that monetary damages may not provide a sufficient remedy to VoterLabs for violations of these Terms of use and you consent to injunctive or other equitable relief for such violations.

Do Not Call Compliance.

In the event that VoterLabs provides a telephone number, you acknowledge that VoterLabs has not processed its Databases against the National Do Not Call Registry, State Phone Suppression files and DMA Phone Suppression files, the "Telephone Number Suppression files". By using the Service, you acknowledge that some of the individuals provided by VoterLabs may have placed their telephone numbers on Telephone Number Suppression files. You also acknowledge that you will either obtain access to the Telephone Number Suppression files, or if you do not obtain access to Telephone Number Suppression files, you will only make calls for purposes permitted by law .

Network Operators

Customer acknowledges that some Services depend on the use of services of third party network operators ("Network Operator"), directly and indirectly, as well as service providers to a Network Operator known as "Aggregators". VoterLabs provision of the Services depends on the terms of services provided by Network Operators and Aggregators, over which VoterLabs has no control. In the event of any changes in the services, prices, conditions or terms of services provided to VoterLabs by Network Operators or Aggregators ("Network Operator Changes"), VoterLabs will notify Customer of Network Operator Changes that are material to the delivery of the Service as soon as reasonably practicable following VoterLabs ' notification of any Network Operator Change. VoterLabs may amend the Terms based on Network Operator Changes. VoterLabs is not responsible for any delays, delivery failures, or other damage resulting from any problems inherent in the use of the Network Operators, Aggregators, the Internet or electronic communications.

Ownership

The term “VoterLabs Property” means all intellectual property, programs, applications, files, systems, documentation, information, content, graphics, page layouts, service designs, user interfaces utilized or provided by VoterLabs, work product produced by VoterLabs, and derivate works of any of the foregoing, including, without limitation, web services made available to you by VoterLabs, any programming performed as part of providing you with Data and any other special programs, functionalities, interfaces and other work product, ideas, concepts or techniques which VoterLabs may develop, use or rely upon in providing the Data to you.

All VoterLabs Property shall be and will remain the property of VoterLabs and its parent corporate owner.

VoterLabs shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights regarding VoterLabs Property and the Data.

Data Storage and Upload Policy

Customers retain all of ownership rights to Data uploaded by the Customer to VoterLabs Services. However, by submitting Data to VoterLabs, you hereby grant VoterLabs a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Data in connection with the Service and VoterLabs' (and its successors' and affiliates') business, including without limitation for the purpose of providing, testing, enhancing, and improving Services, formulating and testing models, and analyzing system performance. No Data uploaded by a Customer will be shared with another Customer in a manner that identifies the original source of the Data.

All data models, data sets, and any other data enhancements, or augmented representations, without limitation, are considered VoterLabs intellectual property and will be treated as such, as outline in these Terms. Customers, Customer agents, and those in possession of customer account information may not reverse engineer, decompile, or disassemble the software, algorithms, data models, or other data manipulation techniques, nor attempt in any other manner to obtain the source code , algorithms, or data manipulation techniques.

Privacy Policy

By registering and using the VoterLabs Service, you agree to the VoterLabs Privacy Policy.

Payment

Payment. Fees and additional payment Terms of Service may be set forth and accepted in a Service Order between Customers and VoterLabs. Payment is to be made by a method approved by VoterLabs (the "Payment Method"). Payments are non-refundable. If for any reason Customer does not provide VoterLabs its payment in a timely manner, as set forth in the Service Order, VoterLabs may pursue all available remedies in order to obtain payment, which shall include but will not be limited to, immediate cancellation without notice of the Services. To access subscription services, a valid credit or debit card is required to be on file.

Cancellation. Your VoterLabs Account will remain active until you cancel your account or we terminate it. You may cancel your account at any time. Your account will remain active, and the subscribing Customer will be able to continue using VoterLabs subscription services for which you have already paid, until the end of the billing cycle in which you cancel. There are no refunds or credits for partial billing cycles of service or for unused services.

You will be able to access your data until the end of the billing cycle in which you cancel. It is your responsibility to download a copy of your data, including any data necessary for campaign finance or other compliance reporting.

Taxes. VoterLabs fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with customer purchases hereunder. If VoterLabs has a legal obligation to pay or collect Taxes for which the Customer is responsible, VoterLabs will invoice the customer and the customer will pay that amount unless a valid tax exemption certificate authorized by the appropriate taxing authority is provided. Failure to submit payment for taxes may result in suspension or termination of account and/or services, and forfeiture of any account credit or balances.

For clarity, VoterLabs is solely responsible for taxes assessable based on VoterLabs income, property and employees.

Donations

The Customer is solely responsible for complying with applicable federal, state, and local campaign finance laws and regulations, including, but not limited to, laws and regulations pertaining to political contribution limits, collection and storage of donor disclosure information, and contributions made by one person in the name of another.

Transaction fund transfers

Transfers (minus services and/or transaction fees), are processed on a weekly basis. Transaction and transfer reports are available in the Reports section of the VoterLabs Dashboard.

Donation Refunds and Chargebacks

As used herein, “Chargeback” means a request that a donor/buyer/customer files directly with his or her card company or card issuing bank to invalidate a processed payment.

  • VoterLabs policy is to approve all refunds and chargebacks without dispute.
  • Customer will be liable for all refunds, returns, chargebacks, and customer disputes. The Refund/Chargeback Service Fee is $25.
  • Monies for refunds and chargebacks will be debited from weekly transfers.
  • If funds due for weekly transfer are not sufficient to cover accrued refund or chargeback fees, the credit or debit card on file for subscription service will be billed.
  • If the credit card or debit card on fill will not process for the amount due, the Services will be suspended immediately. If payment is not remitted within 30 business days, the Services will be canceled.

Your Indemnification of VoterLabs

You shall indemnify, defend and hold harmless VoterLabs, its stockholders, directors, officers, employees, partners, independent contractors, licensors and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Services, the Data or any violation of the Agreement or any violation of Laws. This defense and indemnification obligation will survive this Agreement and your use of VoterLabs Data and/or Services.

Third Party Service Providers

In order to use certain Services, Customers may be required to work with Third-party service providers. Third-party service providers, including without limitation, ISPs, Network Operators, messaging aggregators and gateways, and billing services, have their own terms of use and privacy policies that will govern your relationship with these third parties. You are responsible for reviewing and agreeing to these terms of use and policies. If you do not agree with these terms of use or privacy policies you should not use the services offered by such third-party service providers. We assume no responsibility or liability for the actions of such third parties with respect to their collection or use of your information.

Disclaimer of Warranties

VOTERLABS DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY DATA, SEARCH, OR LINK ON IT, OR THAT THE INFORMATION ON THE SERVICE IS COMPLETE OR ACCURATE. THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE SERVICE OR PRODUCED BY SECONDARY DISSEMINATION OF INFORMATION ON THE SERVICE. THE SERVICE AND ITS DATA ARE DELIVERED ON AN "AS-IS" AND "AS- AVAILABLE" BASIS. THE COMPANY CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICE OR THE DATA, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

The Company disclaims any and all liability for the acts, omissions, and conduct of any third- party users, the Service users, advertisers, and/or sponsors on the Service, in connection with the Service, or otherwise related to your use of the Service. The Company is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Service.

Delegation.

VoterLabs may delegate performance of certain Services under this Agreement to Service Providers. VoterLabs reserves the right to change any Service Provider at any time at its sole discretion.

Stripe. VoterLabs uses Stripe to provide you with payment-related Services. Stripe is a registered payment services provider and independent sales organization of Wells Fargo Merchant Services. By making use of these Services, you are bound by Stripe's Terms of Service available at http://stripe.com/terms, along with its privacy policy available at http://stripe.com/privacy. VoterLabs disclaims all liability for any services provided by Stripe.

Limitation of Liability

VoterLabs will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use or misuse of the Data or any alleged or actual failure by VoterLabs to comply with the Terms of the Agreement, whether or not any such damages were foreseeable or whether VoterLabs was advised of the possibility of such damages. VoterLabs’ maximum liability will not exceed the amount you paid VoterLabs under the Agreement within the 12 months preceding the event that gave rise to VoterLabs’ liability.

Interruption of Service

You acknowledge that temporary interruptions may occur in the provision of Data or use of the Service and that any such interruptions shall not result in VoterLabs having any liability to you or others. This shall not suspend or eliminate your payment obligations to VoterLabs or provide you with any refund rights for amounts previously paid to VoterLabs.

VoterLabs Access

In order to use certain features on VoterLabs, you will be required to register and create an account on the VoterLabs website. By registering with VoterLabs, you acknowledge and agree to receive e-mail confirming your registration with VoterLabs, notices about your account activity as well as promotional marketing of other VoterLabs products and services. It is the responsibility of the Customer to maintain a valid email address on file.

By having an account with VoterLabs, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these terms, the Company may, at its sole discretion, terminate your account and restrict your access to VoterLabs. In cases of subscription access, we will charge your applicable credit card according to the pricing and frequency described at the time of subscriptions sign-up and you agree to accept these charges. In the event payment to VoterLabs is denied or declined, the subscription access rights may be terminated at VoterLabs’ sole discretion.

VoterLabs may, from time to time, access your account in order to provide services, improve product offerings, and analyze and fix issues that may arise.

No Assignment by You

You may not assign your rights or obligations under this Agreement to any other person or entity without the prior written consent of VoterLabs, whether by operation of law or otherwise, and any attempt to do so shall void the Agreement with the Company.

Additional Remedy of Termination

In addition to all other legal rights and remedies available to VoterLabs for any apparent, threatened or actual breach or violation of the Agreement by you, VoterLabs has the right to terminate the Agreement and demand immediate return or destruction of any and all Data at any time if VoterLabs believes the Customer is not complying in full with all or any of the parts of the Agreement.

Governing Law; Jurisdiction

This Agreement shall be governed by and construed under the Laws of the State of Connecticut without regard for the principles of conflicts of Law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the state or federal courts located in the State of Connecticut and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.

Entire Agreement; Amendment or Waiver

This Agreement contains the entire understanding between you and VoterLabs and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and VoterLabs. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.

Right to Amend

VoterLabs, Inc. has the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service or software with notice that we in our sole discretion deem to be reasonable in the circumstances, such as on our website or any other website maintained or owned by us. Any use of the Service, Data, or software after our publication of any such changes shall constitute your acceptance of this Agreement as modified.

 

Copyright © 2012-2016 VoterLabs, Inc. All rights reserved.
VoterLabs, Mirrored Populations, Mobile ID Sync, and TargetMatch are trademarks of VoterLabs, Inc.
U.S. Patent No. 9,177,067 and U.S. and International Patents Pending