Terms and Conditions for Beta Use
(Last Updated November 1, 2016)
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY ORDERING THROUGH THIS WEBSITE AND UTILIZING THE SERVICES HEREIN, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DECLINE TO ACCEPT THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE AND DISCONTINUE USE OF THE SERVICES CONTAINED HEREIN. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, CLEARVOTER, INC. (“CLEARVOTER, INC.” OR “CLEARVOTER” OR “OUR” OR “US” OR “WE”) RESERVES THE RIGHT TO MAKE CHANGES TO THIS WEBSITE AND TO THESE TERMS AND CONDITIONS AT ANY TIME, WITHOUT PRIOR NOTICE. SUCH NEW TERMS AND CONDITIONS WILL CONTROL, WITH THE EXCEPTION THAT ANY ORDERS WE HAVE ALREADY ACCEPTED FROM YOU BEFORE THE NEW TERMS AND CONDITIONS ARE POSTED WILL CONTINUE TO BE SUBJECT TO THE TERMS AND CONDITIONS IN FORCE WHEN YOUR ORDER WAS ACCEPTED. PLEASE CHECK THESE TERMS AND CONDITIONS ON EACH OCCASION YOU USE OUR WEBSITE. IF YOU CONTINUE TO USE OUR WEBSITE, YOU WILL BE BOUND BY THE LATEST TERMS AND CONDITIONS.
Welcome to Clearvoter and our Terms and Conditions for Beta Use (“Terms” or “Terms and Conditions”). These Terms are important and affect your legal rights, so please read them carefully before using the services. By utilizing the services herein, you accept the Terms and Conditions included herein. If you decline to accept these Terms and Conditions, please exit the website and discontinue use of the services contained herein. These Terms and Conditions apply to the entire content of our website and to any correspondence by email between Clearvoter, Inc. and you. Some parts of our website may also contain further rules which apply in addition to these Terms and Conditions.
By accessing or using the Clearvoter’s websites: www.clearvoter.com and beta.clearvoter.com, and its mobile applications (collectively, “Clearvoter’s Beta Test Sites” or “CBTS”) provided by Clearvoter, Inc. that are linked to these Terms, you agree to be bound by these Terms and all terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use Clearvoter’s websites.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Clearvoter, Inc. in respect of any products, services or otherwise. If you are using the CBTS on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to Clearvoter, Inc. if you or such entity violates these Terms.
Clearvoter, Inc. reserves the right to make changes to this website and to these Terms and Conditions at any time without prior notice. If we make changes to these Terms, we will post notice of such changes on the CBTS and update the “Last Updated” date at the beginning of these Terms. By continuing to access or use the CBTS, you confirm your acceptance of the revised Terms and Conditions as incorporated therein by reference. Such new Terms and Conditions will control. Please check these Terms and Conditions on each occasion you use our website. If you continue to use our website, you will be bound by the latest Terms and Conditions. If you do not agree to the revised Terms, you may not access or use the CBTS.
- Beta Use Eligibility
The CBTS are not targeted toward or intended for use by anyone under the age of 18. By using the CBTS, you represent and warrant that you: (a) are 18 years of age or older; (b) are a legal resident of the United States; (c) have not been previously suspended or removed from the CBTS, or engaged in any activity that could result in suspension or removal from the CBTS; (d) do not have more than one Clearvoter account; and (e) have full power and authority to agree to these Terms and in so doing will not violate any other agreement to which you are a party.
- Nature of Beta
Clearvoter may offer additions to our Clearvoter’s Beta Test Sites as part of our website beta testing phase. All or portions of the CBTS included in this test phase may not function correctly, or may contain errors. Clearvoter is not obligated to correct, nor is it responsible for, errors or the effects of such errors while these beta test phases are active. Further, you acknowledge that Clearvoter claims no express or implied obligation to announce or make available any feature of the CBTS in the future. At such time that Clearvoter’s websites launch publicly after the beta phase, it may have features or functionality that are different than those found in the beta version licensed herein.
- Registration, Account and Communication Preferences
To access and use certain areas or features of the CBTS, you will need to register for a Clearvoter account. By creating an account, you agree to: (a) provide accurate, current and complete account information about yourself; (b) maintain and promptly update from time to time as necessary your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (d) immediately notify Clearvoter, Inc. if you discover or otherwise suspect any security breaches related to the CBTS or your account.
By creating a Clearvoter account, you also consent to receive electronic communications from Clearvoter (e.g., via email or by posting notices to the CBTS). These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
- License to Access and Clearvoter’s Beta Test Sites and Content
You agree to only use our website in a manner that complies with all applicable municipal, state, and federal laws consistent with these Terms and Conditions. Further, you agree that content you post does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of our website. We reserve the right in our sole discretion to deny any user access to our website without prior notice. You acknowledge that all copyright, trademarks and other intellectual property rights in our website and all photographs, footage, designs, images, text, software, data and other material in our website or generated by Clearvoter, Inc., are owned by us, our licensees, or our licensors. You are permitted to use the website and this material only as expressly authorized by Clearvoter, Inc. or consistent with the exceptions afforded under “fair use” exceptions, as that term is used in section 107 of the Copyright Act. (Application of the fair use exceptions are complex and often subject to varying interpretations. It is recommended that you consult an attorney before concluding fair use applies to your intended use of otherwise protected material.) You are permitted to print and download images and content from our website for your personal use and for promotion or opposition of any political issue, proposed law, or political candidate, provided the printed matter so used includes reference to the Clearvoter name and trademark as the source of the printed material. The Clearvoter tradename, trademark and logo are protected under the common law, the laws of Florida and the laws of the United States. “Clearvoter” is a registered U.S. Trademark, Registration No. 5036300, registered February 1, 2016. Commercial use of such trademarks, names or logos may constitute an infringement of the holder’s rights.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the CBTS and content. However, such license is subject to these Terms and does not include any right to: (a) sell, resell or use commercially the CBTS and content; (b) distribute, publicly perform or publicly display any content; (c) modify or otherwise make any derivative uses of the CBTS and content, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the CBTS and content, except as expressly permitted by us; and (f) use the CBTS and content other than for their intended purposes. Any use of the CBTS and content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Clearvoter or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the CBTS may include software components provided by Clearvoter or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
“Clearvoter, Inc.,” the Clearvoter logo and any other Clearvoter product or service names, logos or slogans that may appear on the CBTS are trademarks of Clearvoter and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Clearvoter, Inc.” or any other name, trademark or Product or service name of Clearvoter without our prior written permission. In addition, the look and feel of the CBTS, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Clearvoter and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the CBTS are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Clearvoter.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the CBTS for commercial or personal purposes, providing such link does not portray Clearvoter or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use a Clearvoter logo or other proprietary graphic of Clearvoter to link to the CBTS without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Clearvoter trademark, logo or other proprietary information, including the images found on the CBTS, the content of any text or the layout or design of any page, or form contained on a page, on the CBTS without our express written consent.
Clearvoter makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third-Party websites accessible by hyperlink from the CBTS or of websites linking to the CBTS. Such CBTS are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such CBTS. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the CBTS you should be aware that the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the CBTS will then govern.
- Third-Party Content
We may display content from third parties through the CBTS (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that Clearvoter is not responsible or liable in any manner for such interactions or Third-Party Content.
Such links are provided for your convenience, only. We are not responsible for their content. The mere inclusion of such links does not imply any endorsement of the material on those websites or any association with their operators, unless specifically stated. If you decide to access any Third-Party Content linked to or from our website, you do so entirely at your own risk. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages.
- User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the CBTS. You agree that you will abide by these Terms and will not:
Provide false or misleading information to Clearvoter;
Use or attempt to use another user’s account without authorization from such user;
Use the CBTS in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the CBTS, or that could damage, disable, overburden or impair the functioning of the CBTS in any manner;
Develop, utilize, or disseminate any software, or interact with our API in any manner, that could damage, harm, or impair the CBTS;
Reverse engineer any aspect of the CBTS, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the CBTS;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the CBTS you are not authorized to access;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by Clearvoter, Inc. to access the CBTS, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
Use data collected from our CBTS to contract individuals, companies, or other persons or entities; and
Use data collected from our CBTS for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing).
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about Clearvoter, the CBTS (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of Clearvoter. Clearvoter shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted under applicable law, you agree to indemnify, defend and hold harmless Clearvoter, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, attorneys representatives, predecessors, successors and assigns (individually and collectively, the “Clearvoter Parties”) from and against all actual or alleged Clearvoter Party or third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorney’s fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance) of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”) including, but not limited to, damages to property or personal injury, that are caused by, arise out of, or are related to: (a) your use or misuse of the CBTS, content or services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of the rights of another. You agree to promptly notify Clearvoter of any third-party claims and cooperate with the Clearvoter Parties in defending such Claims. You further agree that the Clearvoter Parties reserves the right to have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Clearvoter.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CLEARVOTER, THE SERVICES AND THE CLEARVOTER CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CLEARVOTER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND CLEARVOTER CONTENT CONTAINED THEREIN. CLEARVOTER DOES NOT REPRESENT OR WARRANT THAT CLEARVOTER CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE CLEARVOTER ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND CLEARVOTER CONTENT SAFE, CLEARVOTER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS. IN SUCH JURISDICTIONS, SOME OR ALL THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
CLEARVOTER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL CLEARVOTER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR ACTUAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD-PARTY SERVICES OR ANY AMOUNT MORE THAN THE AMOUNT PAID BY YOU FOR THE SERVICE THAT GIVES RISE TO ANY CLAIM.
- Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL CLEARVOTER OR ANY OF THE OTHER CLEARVOTER PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO: LOSS OF REVENUE, INCOME OR PROFITS; LOSS OF USE OR DATA; LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF CLEARVOTER’S WEBSITES OR CONTENT OR THE USE OF ANY SERVICE OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM CLEARVOTER, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CLEARVOTER’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
THE MAXIMUM AGGREGATE LIABILITY OF CLEARVOTER ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS AND USE OF THE CBTS, THEIR CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED FROM CLEARVOTER, SHALL NOT EXCEED THE AMOUNT YOU PAID TO CLEARVOTER FOR THE EVENT, GOODS OR SERVICES THAT GIVES RISE TO SUCH LIABILITY.
- Modifications to the Clearvoter’s Beta Test Sites
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the CBTS or any part thereof, at any time, without liability therefor.
- Governing Law and Venue
These Terms and Conditions relating to your use of the CBTS shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to conflict of law rules or principles. Any disputes arising under this Agreement shall be governed under the laws of the State of Florida. Jurisdiction for any such proceeding shall be in the Florida state court, Leon County, Florida, or the U.S. District Court, Northern District of Florida. This clause shall survive the termination of this Agreement.
We reserve the right in our sole-discretion to deny any user access to our website without prior notice and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of amounts paid, if any, to the fullest extent permitted under applicable law.
If any provision of these Terms and Conditions is determined to be illegal, invalid or otherwise unenforceable by reason of the laws of the United States, any state, or province wherein the electorate is eligible to vote for all candidates or ballot issues that serve the United States, any state, or province, those provisions shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect, and continue to be binding and enforceable to the fullest extent permitted under applicable law.
- Subject to Amendment
As stated in the conspicuous language at the top of these Terms and Conditions, we may change these Terms and Conditions at any time, in which case any such amended Terms and Conditions will be posted on our website and will apply as of the date we post them. Please check these Terms and Conditions on each occasion you use our website. As you continue to use our website, you will be bound by the latest Terms and Conditions.
The following sections will survive the expiration or termination of these Terms and the termination of your Clearvoter account: all defined terms and Sections 1, 3, 4 (first paragraph only), and 5 through 19.
- Click-Wrap Agreement
When the CBTS user creates an account, they will be prompted to accept or decline a summary of Terms, commonly referred to as a “Click-Wrap Agreement.” The terms of Clearvoter’s interactive Click-Wrap Agreement are fully incorporated herein and made a part hereof. For the ease of the user, the Click-Wrap Agreement that appears during login is added to this paragraph for your reference. It reads as follows:
Rules of Engagement
User is not allowed to upload anything that a reasonable person would deem to be copyrighted material, trademarked material, intentional harassment, pornography, or spam. The following non-exhaustive list illustrates the type of restricted types files that are not to be uploaded to or through www.beta.clearvoter.com website for any purpose other than serving as the subject matter of discussion, discourse, debate, or voting.
- Copyrighted material outside of its fair use;
- Pornography, if only for entertainment or shock value;
- Content promoting violence;
- Content promoting to racial intolerance;
- Excessive profanity;
- Means for hacking or cracking other content;
- Sale of illicit drugs or drug paraphernalia;
- Sale of unregulated alcohol;
- Unlawful sale of weapons or ammunition;
- Sale of counterfeit goods;
- Distribution of protected academic coursework;
- Any content that compensates users for clicking;
- Ads or offers to perform searches; or
- Any other content that is illegal or promotes illegal activity.
Redistribution in binary, textual, or visual form, without modification, are permitted provided that the following conditions are met:
- Redistributions in binary form must include Clearvoter, Inc.’s copyright notice;
- Redistributions must include a link back to www.beta.clearvoter.com;
- All advertising materials mentioning features or use of this software must display the following acknowledgement: “This product includes software developed by and belonging to Clearvoter, Inc.”
CLEARVOTER Customer Agreement
- Binding Agreement
These Terms and Conditions, in conjunction with Clearvoter, Inc.’s Click-Wrap Agreement, contain the entire agreement between you and Clearvoter relating to your access to and use of the CBTS and your use of the services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Clearvoter, prior concurrent or subsequent circumstance, and Clearvoter’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms shall not be modified except by written agreement signed by the parties. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer Third-Party beneficiary rights upon any other person or entity.
© 2016 Clearvoter, Inc. All Rights Reserved.