November 21, 2017

Terms of Service

Last updated: December 1, 2017

Welcome to PowerPAC.org. PowerPAC.org provides website features to you subject to the following conditions. If you visit or donate at PowerPAC.org (the Site), you accept these conditions. Please read them carefully. In addition, when you use any current or future PowerPAC.org service (e.g., MyAccount, MyProgram, or MyShare) you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business.

MODIFICATION.

PowerPAC.org reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Terms of Use (TOS) at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

PRIVACY

Please review our Privacy Policy, which also governs your visit to PowerPAC.org, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit PowerPAC.org or send e-mails to us or engage with our social media pages, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, social media, or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PowerPAC.org or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of PowerPAC.org and protected by U.S. and international copyright laws. All software used on this site is the property of PowerPAC.org or its software suppliers and protected by United States and international copyright laws.

OVERVIEW TO POWERPAC.ORG SERVICES

PowerPAC.org provides support and training to community organizations working to increase the voter engagement of community and political organizations based in the communities of color. Supporters of our work may visit our website or mobile site to make contributions to our campaign work. Payments are all transacted through a third party payment service method (collectively, “Facilitated Payment Modes” or “FPM). For more information, please see http://www.PowerPAC.org. This TOS applies to you and your use of the PowerPAC.org website and mobile functions as a visitor of the Services.

LICENSE AND SITE ACCESS

PowerPAC.org grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PowerPAC.org. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PowerPAC.org. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PowerPAC.org without express written consent. You may not use any meta tags or any other “hidden text” utilizing PowerPAC.org’s name or trademarks without the express written consent of PowerPAC.org. Any unauthorized use terminates the permission or license granted by PowerPAC.org. You may not use any PowerPAC.org logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your information and for restricting access to your computer or mobile device. PowerPAC.org does accept donations made with a credit card or other permitted payment method. If you are under 18, you may use PowerPAC.org only with involvement of a parent or guardian. PowerPAC.org reserves the right to refuse service, terminate accounts, remove or edit content, or cancel donations in their sole discretion.

CONDUCT

Reviews, Comments, Communications, and Other Content

Visitors may post comments and other content or submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PowerPAC.org reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant PowerPAC.org a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PowerPAC.org and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PowerPAC.org for all claims resulting from content you supply. PowerPAC.org has the right but not the obligation to monitor and edit or remove any activity or content. PowerPAC.org takes no responsibility and assumes no liability for any content posted by you or any third party.

Certain Restrictions

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the use of the Site. You agree not to use the Site to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with PowerPAC.org’s guidelines;
  • impersonate any person or entity, including, but not limited to, an PowerPAC.org representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale of such goods and services or provision of registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
  • upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by PowerPAC.org;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or
  • stalk or otherwise harass any person or entity.

Certain Remedial Rights

You acknowledge that PowerPAC.org does not pre-screen any Content provided or made available by you or any third party in connection with the Site, but that PowerPAC.org and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Site at any time (with or without notice) for any reason or no reason. You acknowledge and agree that PowerPAC.org may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of PowerPAC.org, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside.

In addition, the Site is subject to United States export controls. No part of the Site may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or services of the same type as the Services. By using the Site or any part thereof, you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Site (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security’s Denied Persons List. By using the Site or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.

RETURNS, REFUNDS AND TITLE

For more information about our returns and refunds, please see our refund policy.

INDEPENDENT RELATIONSHIP OF FPMS.

When using a FPM, you effect the applicable monetary payment transaction through the FPM service, and are bound by the applicable terms of use governing the FPM service.

PRODUCT DESCRIPTIONS

PowerPAC.org attempts to be as accurate as possible. However, PowerPAC.org does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered by PowerPAC.org itself is not as described, your sole remedy is to contact the staff of the event were you received the product.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY POWERPAC.ORG ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. POWERPAC.ORG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POWERPAC.ORG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POWERPAC.ORG DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM POWERPAC.ORG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POWERPAC.ORG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your visit to PowerPAC.org or to products or services sold or distributed by PowerPAC.org or through PowerPAC.org will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to PowerPAC.org Legal Department, 44 Montgomery St., Suite 2310 San Francisco CA 94104. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, PowerPAC.org will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

This TOS and the provision of the Services to you are governed by the laws of the state of California, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within California by California residents.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PowerPAC.org’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying PowerPAC.org that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

PowerPAC.org’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent

PowerPAC.org Legal Department

44 Montgomery St., Suite 2310

San Francisco, CA 94104