Terms of Service

By using or accessing any ElectionsOnline, Inc. product, software, data feed, and/or service provided through the ElectionsOnline website, www.electionsonline.com, (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”) and (2) ElectionsOnline, Inc.’s privacy policy, and incorporated herein by reference (the “Privacy Policy”). If you do not agree to any of the Terms of Service or the Privacy Policy, you should not use the Service and you should exit immediately from this website.

  1. Limited License & Use of the Service
    1. Subject to these Terms of Service, you are granted a non-exclusive, non-transferable, limited license to access and use the Service. These Terms of Service apply to all users of the Service, including Authorized Users and Voters (as those terms are defined below) and any other user who accesses the Service. As used herein, the term “Content” shall mean the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service but shall specifically exclude any Personal Information as defined in the Privacy Policy. The Service includes all aspects of ElectionsOnline, including but not limited to all products, software and services offered via the ElectionsOnline website.
    2. ElectionsOnline does not review or pre-screen the contents of electronic data uploaded or posted to the Service by Authorized Users (as defined below).
    3. You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML or any visual design elements without the express written permission of ElectionsOnline.
    4. You agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, ElectionsOnline, or any other software or service provided by ElectionsOnline, Inc.
    5. You agree not to use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms of Service.
    6. You agree not to use the Service to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
    7. The Service is protected by the copyright laws of the United States and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to this Agreement, you acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with ElectionsOnline, Inc.
    8. Authorized Users who use the Service to share or make available certain Content to the public, are deemed to acknowledge and agree that Voters will have access to such shared Content (“Public Content”). ElectionsOnline, Inc. reserves the right, at any time, in its sole discretion, to take any action deemed necessary with respect to Public Content that violates these Terms of Service, including, but not limited to, removal of such Public Content.
    9. ElectionsOnline, Inc. reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. Continued use of the Service following any modification constitutes your acceptance of the modification.
    10. ElectionsOnline, Inc. reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide reasonable notice prior to any such suspension.
  2. Access to the Service
    1. You are only permitted to access and use the Service if you are an Authorized User or Voter. “Authorized User” means an individual client or the partners, members, employees, temporary employees, and contractors of a client. “Voter” means any individual designated by an Authorized User to use the Service for casting votes in an election conducted by the client.
    2. Authorized User assumes all liability with respect to the proper designation of Voters eligible to participate in any given election.
    3. You agree that all access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited. Notwithstanding the foregoing, ElectionsOnline, Inc. grants the operators of public search engines permission to use spiders to index materials from the site for the sole purpose of creating publicly available searchable indices of the materials. ElectionsOnline, Inc. reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
    4. Notwithstanding section 2(c), Authorized Users are permitted to access and use the Service using an Application Programming Interface (“API”) subject to the following conditions:
      1. any use of the Service using an API, including use of an API through a third-party product that accesses and uses the Service, is governed by these Terms of Service;
      2. ElectionsOnline, Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ElectionsOnline, Inc. has been advised of the possibility of such damages), resulting from any use of an API or third-party products that access and use the Service via an API;
      3. Excessive use of the Service using an API may result in temporary or permanent suspension of access to the Service via an API. ElectionsOnline, Inc., in its sole discretion, will determine excessive use of the Service via an API, and will make a reasonable attempt to warn Authorized User prior to suspension; and
      4. ElectionsOnline, Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, access and use of the Service via an API, with or without notice.
    5. The Service may contain links to third party websites that are not owned or controlled by ElectionsOnline, Inc. ElectionsOnline, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ElectionsOnline, Inc. will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly agree and acknowledge that ElectionsOnline, Inc. shall have no liability arising from your use of any third-party website.
  3. Security of Passwords
    1. Authorized Users shall be responsible for protecting the security of usernames and passwords, or any other codes associated to the Service known to them, and for the accuracy and adequacy of personal information provided to the Service.
    2. Authorized Users will implement policies and procedures to prevent unauthorized use of the username or usernames assigned to such Authorized User.
  4. Cancellation and Termination
    ElectionsOnline, Inc. in its sole discretion, has the right to suspend or discontinue providing the Service to any Client, Authorized User, or Voter without notice for non-compliance with these Terms of Service, and pursue any other remedy legally available to it. ElectionsOnline, Inc. reserves the sole and exclusive right to decide whether a Client, Authorized User or Voter is not in compliance with these Terms of Service.
  5. Limited Warranty and Limitation of Liability
    1. The Service is provided on an “as is”, “as available” basis and ElectionsOnline, Inc. expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose.
    2. ElectionsOnline, Inc., its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of ElectionsOnline, Inc. or its affiliates does not warrant that:
      1. the Service will meet any specific requirements
      2. the Service will be uninterrupted, timely, secure, or error-free
      3. the quality of any products, services, information, or other material purchased or obtained through the Service will meet any expectations, and
      4. any errors in the Service will be corrected.
    3. ElectionsOnline, Inc., its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of ElectionsOnline, Inc. or its affiliates, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ElectionsOnline, Inc. has been advised of the possibility of such damages), resulting from:
      1. the use or the inability to use the Service;
      2. the cost of procurement of a substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
      3. any unauthorized access to or alteration of Authorized User transmissions;
      4. any suspension or discontinuance of the Service;
      5. any modification to a feature or to the Service itself;
      6. any loss subsequent to a cancellation or termination of access to the Service;
      7. statements or conduct of any third party on the Service; or
      8. any other matter relating to the Service.
  6. Intellectual Property
    1. The Service, and the Content, trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to ElectionsOnline, Inc., and are subject to copyright and other intellectual property rights under the law.
    2. You may access the ElectionsOnline website for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of the ElectionsOnline website, its Content, or the Service for any other purposes without the prior written consent of ElectionsOnline, Inc. or the respective licensors of the Content. ElectionsOnline, Inc. and its licensors reserve all rights not expressly granted in and to the Service.
    3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the content therein.
    4. You understand that when using the Service, you may be exposed to Content from a variety of sources, and that ElectionsOnline, Inc. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ElectionsOnline, Inc. with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ElectionsOnline, Inc., its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
  7. Content submitted by You
    1. As an Authorized User you may submit Content related to an online election to the Service, including text, graphics, photos, documents, video and audio recordings. You understand that ElectionsOnline, Inc. does not guarantee any confidentiality with respect to any Content you submit.
    2. You shall be solely responsible for your own Content and the consequences of uploading, submitting and publishing your Content with respect to the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to ElectionsOnline, Inc. all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
    3. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ElectionsOnline, Inc. all of the license rights granted herein.
    4. You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.
    5. ElectionsOnline, Inc. does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ElectionsOnline, Inc. expressly disclaims any and all liability in connection with Content. ElectionsOnline, Inc. does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and ElectionsOnline, Inc. will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. ElectionsOnline, Inc. reserves the right to remove Content without prior notice.
  8. Digital Millennium Copyright Act
    1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      • ElectionsOnline, Inc.’s designated Copyright Agent to receive notifications of claimed infringement is Gorham S. Clark, Clark & Associates, P.C., 108-E South Street, Leesburg, VA 20175, fax: 703-443-1081. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to ElectionsOnline, Inc. customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
    2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
      • Your physical or electronic signature;
      • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
      • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
      • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
      • If a counter-notice is received by the Copyright Agent, ElectionsOnline, Inc. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ElectionsOnline, Inc.’s sole discretion.
  9. Miscellaneous
    1. You acknowledge and agree that ElectionsOnline, Inc. may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
    2. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Content, may be transmitted unencrypted and involve:
      1. transmissions over various networks; and
      2. changes to conform and adapt to technical requirements of connecting networks or devices.
    3. The failure of ElectionsOnline, Inc. to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
    4. The Terms of Service constitutes the entire agreement between you and ElectionsOnline, Inc. and govern your use of the Service, superseding any prior agreements between you and ElectionsOnline, Inc. (including, but not limited to, any prior versions of the Terms of Service).
    5. You may not assign your rights or delegate your duties under this license to access the Service without the prior written consent of ElectionsOnline, Inc.
    6. ElectionsOnline, Inc. may, in its sole discretion, modify or revise these Terms of Service and the Privacy Policy at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
    7. These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the federal laws of the United States of America.