- ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT . The webElect.net Service, owned and operated by webElect.net LLC ("webElect.net"), is provided to you ("Customer") under the terms and conditions of this webElect.net Service Agreement. BY COMPLETING THE SERVICE REGISTRATION FORM AND CHECKING THE "I ACCEPT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
YOUR RELATIONSHIP WITH webElect.net
. Your use of webElect.net's products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by webElect.net under a separate written agreement) is subject to the terms of a legal agreement between you and webElect.net. "webElect.net" means webElect.net LLC, whose principal place of business is at 1256 Vinetree Drive, Brandon, FL 33510. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
- Unless otherwise agreed in writing with webElect.net, your agreement with webElect.net will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
- Your agreement with webElect.net will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
- The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and webElect.net in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
- If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
ACCEPTING THE TERMS
. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by webElect.net in the user interface for any Service; or
by actually using the Services. In this case, you understand and agree that webElect.net will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with webElect.net, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. Before you continue, you should print off or save a local copy of the Universal Terms for your records.
- DESCRIPTION OF WEBELECT.NET SERVICE . webElect.net is a fee based service which provides data management software for political campaigns. Data managed by the software includes voter registration, campaign finance, user defined groups, and calendar functions. The software allows for multiple level queries of the data and has several formats available for extracting the queried data. The Campaign Finance tool allows for a seamless data upload to the State of Florida Division Elections for simplified campaign finance reporting. All functions of webElect.net are web-based applications allowing the user to access data from webElect.net, including any data created by the user, from any appropriately equipped internet-connected device. Thus, availability of data and program functions is limited only by internet connectivity.
- CONFIDENTIALITY OF CUSTOMER DATA . The work contemplated under this agreement may require that webElect.net have access to information, which is proprietary and/or confidential to Customer. webElect.net agrees not to publish or otherwise disclose to persons other than the Customer, without specific written permission, any proprietary and/or confidential information acquired from Customer by webElect.net as a result of this agreement; nor to use said information for any purposes other than consultation with Customer. It is understood that this agreement is not intended to restrict webElect.net use or disclosure of information which (i) is or later becomes publicly known under circumstances involving no breach of this agreement; (ii) was already known to webElect.net (other than by previous disclosure to webElect.net by Customer or through services performed by webElect.net for Customer) as evidenced by his or her written records; (iii) is lawfully and in good faith made available to webElect.net without restriction on disclosure by a third party; or (iv) which is created or originated by webElect.net outside this agreement.
- YOUR PASSWORDS AND ACCOUNT SECURITY . You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to webElect.net for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify webElect.net immediately at 888-987-6558. Passwords are stored using an irreversible encryption and can not be accessed or recovered by webElect.net.
- SECURITY OF USER DATA . Electronic access to user data is provided by user name and password combinations. Best industry practices are used to secure electronic access to the data (for security reasons we do not reveal details of these methods). webElect.net servers are provided by Amazon Web Services and physically located in Amazon's data centers.
- INTEGRITY OF DATA . All voter registration data included in the webElect.net database is derived from monthly issues provided by the State of Florida Division of Elections (DOE). webElect.net does warrant that all data in the webElect database is congruent to the information provided by the DOE. webElect.net does not accept responsibility for incorrect or incomplete voter lists or other voter information that is the result of inaccuracies in the source data provided by the State of Florida DOE. webElect.net may employ methods to check for inaccuracies in the source data provided by the DOE.
- USE OF THE SERVICES BY YOU . You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by webElect.net, unless you have been specifically allowed to do so in a separate agreement with webElect.net. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with webElect.net, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services or any product of the Services for any purpose. You agree that you are solely responsible for (and that webElect.net has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which webElect.net may suffer) of any such breach.
- DATA BACK-UP . Data is backed up nightly and retained for a set period to mitigate catastrophic data loss.
- PROPRIETARY RIGHTS . You acknowledge and agree that webElect.net owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by webElect.net and that you shall not disclose such information without webElect.net's prior written consent. Unless you have agreed otherwise in writing with webElect.net, nothing in the Terms gives you a right to use any of webElect.net's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with webElect.net, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and webElect.net's brand feature use guidelines as updated from time to time. webElect.net acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with webElect.net, you agree that you are responsible for protecting and enforcing those rights and that webElect.net has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by webElect.net, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- LICENSE FROM webElect.net . webElect.net gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by webElect.net as part of the Services as provided to you by webElect.net (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by webElect.net, in the manner permitted by the Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by webElect.net, in writing. Unless webElect.net has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- SOFTWARE UPDATES. The Software which you use may automatically download and install updates from time to time from webElect.net. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit webElect.net to deliver these to you) as part of your use of the Services.
ENDING YOUR RELATIONSHIP WITH webElect.net.
The Terms will continue to apply until terminated by either you or webElect.net as set out below. If you want to terminate your legal agreement with webElect.net, you may do so by (a) notifying webElect.net at any time and (b) closing your accounts for all of the Services which you use, where webElect.net has made this option available to you. Your notice should be sent, in writing, to webElect.net's address which is set out at the beginning of these Terms. webElect.net may at any time, terminate its legal agreement with you if:
Nothing in this Section shall affect webElect.net's rights regarding provision of Services under Section 6 of the Terms. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and webElect.net have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of the last paragraph in section 23 shall continue to apply to such rights, obligations and liabilities indefinitely.
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- webElect.net is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- the partner with whom webElect.net offered the Services to you has terminated its relationship with webElect.net or ceased to offer the Services to you; or
- webElect.net is transitioning to no longer providing the Services to users in the State in which you are resident or from which you use the service; or
- the provision of the Services to you by webElect.net is, in webElect.net's opinion, no longer commercially viable.
EXCLUSION OF WARRANTIES.
Nothing in these terms, including sections 18 and 19, shall exclude or limit webElect.net's warranty of liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do no allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages.
Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "AS IS" and "AS AVAILABLE".
In particular, webElect.net, its subordinates and affiliates, and its licensors do not represent or warrant to you that:
- Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
- Your use of the services will meet your requirements,
- Your use of the services will be uninterrupted, timely, secure or free from error,
- Any information obtained by you as a result of your use of the services will be accurate or reliable, and
- That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
- No advice or information, whether oral or written, obtained by you from webElect.net or through or from the services shall create any warranty not expressly stated in the terms.
- webElect.net further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION OF LIABILITY.
Subject to overall provision in section 18 above, you expressly understand and agree that webElect.net, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
The limitation on webElect.net's liability to you in section 19 above shall apply whether or not webElect.net has been advised of or should have been aware of the possibility of any such losses arising.
- Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of income, (whether incurred directly or indirectly), any loss of goodwill or professional reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- Any reliance placed by you on the completeness, accuracy or existence or any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
- Any changes which webElect.net may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
- Your failure to provide webElect.net with accurate account information;
- Your failure to keep your password or account details secure and confidential;
- OTHER CONTENT. The Services may include hyperlinks to other web sites or content or resources. webElect.net may have no control over any web sites or resources which are provided by companies or persons other than webElect.net. You acknowledge and agree that webElect.net is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that webElect.net is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- CHANGES TO THE TERMS. webElect.net may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, webElect.net will make a new copy of the Universal Terms available at http://webelect.net/pub/docs/show/terms-of-service and any new Additional Terms will be made available to you from within, or through, the affected Services. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, webElect.net will treat your use as acceptance of the updated Universal Terms or Additional Terms.
GENERAL LEGAL TERMS.
- The Terms constitute the whole legal agreement between you and webElect.net and govern your use of the Services (but excluding any services which webElect.net may provide to you under a separate written agreement, be it through webElect.net or one of the other webElect.net lines of business), and completely replace any prior agreements between you and webElect.net in relation to the Services.
- You agree that webElect.net may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
- You agree that if webElect.net does not exercise or enforce any legal right or remedy which is contained in the Terms (or which webElect.net has the benefit of under any applicable law), this will not be taken to be a formal waiver of webElect.net's rights and that those rights or remedies will still be available to webElect.net.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- You acknowledge and agree that each member of the group of companies of which webElect.net is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
- The Terms, and your relationship with webElect.net under the Terms, shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and webElect.net agree to submit to the exclusive jurisdiction of the courts located within the county of Hillsborough, Florida to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that webElect.net shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
May 6, 2016
Last updated by Doug Homan, created February 27, 2014