Last Updated: June 1, 2020
These Terms of Service (“Terms”) apply to your access to and use of the website (the “Website”) provided by Maricopa County Democratic Party. (“Maricopa County Democratic Party” or “we”). By clicking [“I Accept”] or by using our Website, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 13. If you do not agree to these Terms, do not use our Website.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Website or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Website after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Website.
If you have any questions about these Terms or our Website, please contact us via email at firstname.lastname@example.org.
You must be at least 18 years of age (or the age of legal majority where you live) to use our Website. If you use our Website on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
- User Submissions
- Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Website. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Website;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Website, except as expressly permitted by us or our licensors;
- Modify our Website, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Website;
- Use our Website other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Website or that could damage, disable, overburden or impair the functioning of our Website in any manner;
- Reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Website;
- Develop or use any applications that interact with our Website without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section 4 is solely at Maricopa County Democratic Party’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by such rules.
- Ownership; Limited License
The Website, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, is owned by Maricopa County Democratic Party or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Website are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Website. Any use of the Website other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
The Maricopa County Democratic Party name, and the stylized “Maricopa County Democratic Party” writing, and our logos, our product or service names, our slogans and the look and feel of the Website are trademarks of Maricopa County Democratic Party 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 Website are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Maricopa County Democratic Party or our Website (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Maricopa County Democratic Party’s sole discretion. You understand that Maricopa County Democratic Party may treat Feedback as nonconfidential.
- Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Website (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Maricopa County Democratic Party does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Maricopa County Democratic Party and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Maricopa County Democratic Party Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Website; (b) your User Submissions or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Website. You agree to promptly notify Maricopa County Democratic Party Parties of any third-party Claims, cooperate with Maricopa County Democratic Party Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Maricopa County Democratic Party Parties will have control of the defense or settlement, at Maricopa County Democratic Party’s sole option, 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 Maricopa County Democratic Party or the other Maricopa County Democratic Party Parties.
THE PARTIES HERETO INTEND FOR THIS SECTION 10 (DISCLAIMERS) TO APPLY TO THE FULLEST EXTENT PERMITTED BY LAW; CERTAIN JURISDICTIONS MAY NOT PERMIT THE WAIVER OF CERTAIN IMPLIED WARRANTIES, IF YOU ARE IN SUCH JURISDICTION, THE WAIVER OF EACH SUCH IMPLIED WARRANTY DOES NOT APPLY TO YOU. YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR WEBSITE AND ANY CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, Maricopa County Democratic Party DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE Maricopa County Democratic Party ATTEMPTS TO MAKE YOUR USE OF OUR WEBSITE AND ANY CONTENT THEREIN SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Maricopa County Democratic Party AND THE OTHER Maricopa County Democratic Party PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF Maricopa County Democratic Party OR THE OTHER Maricopa County Democratic Party PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF Maricopa County Democratic Party AND THE OTHER Maricopa County Democratic Party PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR WEBSITE (INCLUDING CLAIMS RELATED TO PRIVACY AND DATA SECURITY), REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $25 OR THE AMOUNT PAID BY YOU TO USE OUR WEBSITE.
THE LIMITATIONS SET FORTH IN THIS SECTION 11 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF Maricopa County Democratic Party OR THE OTHER Maricopa County Democratic Party PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you release Maricopa County Democratic Party and the other Maricopa County Democratic Party Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Maricopa County Democratic Party and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Maricopa County Democratic Party agree that any dispute arising out of or related to these Terms or our Website is personal to you and Maricopa County Democratic Party and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Maricopa County Democratic Party seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Maricopa County Democratic Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Maricopa County Democratic Party waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Website resolved in court. Instead, for any dispute or claim that you have against Maricopa County Democratic Party or relating in any way to the Website (including privacy and data security claims), you agree to first contact Maricopa County Democratic Party and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Maricopa County Democratic Party by email at email@example.com or by certified mail addressed to 2914 N Central Ave, Phoenix, AZ 85012. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Maricopa County Democratic Party cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Phoenix, AZ or may be conducted telephonically or via video conference for disputes alleging damages less than $1,000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Maricopa County Democratic Party agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Maricopa County Democratic Party, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Maricopa County Democratic Party agree that for any arbitration you initiate, you will pay the filing fee and Maricopa County Democratic Party will pay the remaining JAMS fees and costs. For any arbitration initiated by Maricopa County Democratic Party, Maricopa County Democratic Party will pay all JAMS fees and costs. You and Maricopa County Democratic Party agree that the state or federal courts of the State of Arizona and the United States sitting in Maricopa County, Arizona have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Website must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Maricopa County Democratic Party will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 13 by emailing firstname.lastname@example.org and indicating you are opting out of binding arbitration. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.
If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.
- Governing Law and Venue
Any dispute arising from these Terms and your use of the Website will be governed by and construed and enforced in accordance with the laws of Arizona, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Arizona and the United States, respectively, sitting in Maricopa County, Arizona.
- Modifying and Terminating our Website
We reserve the right to modify our Website or to suspend or stop providing all or portions of our Website at any time. You also have the right to stop using our Website at any time. We are not responsible for any loss or harm related to your inability to access or use our Website.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Maricopa County Democratic Party to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. 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. You agree that communications and transactions between us may be conducted electronically.
Last Updated: June 1, 2020
Collection of Information
Information You Provide to Us. We collect information you provide directly to us. For example, we collect information when you participate in any interactive features of the Website, such as by filling out a form, or otherwise communicating with us. The types of information we may collect include your name, email address, zip code, phone number, and any other information you choose to provide.
Information We Collect Automatically When You Use the Website. When you access or use our Website, we automatically collect information about you, including:
- Log Information: We collect log information about your use of the Website, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Website.
- Device Information: We collect information about the computer or mobile device you use to access our Website, including the hardware model, operating system and version, unique device identifiers and mobile network information.
- Information Collected by Cookies and Other Tracking Technologies: We and, if applicable, our service providers use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Website and your experience, see which areas and features of our Website are popular, and count visits. Web beacons are electronic images that may be used in our Website or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
Use of Information
We may use information about you for various purposes, including to:
- Provide, maintain and improve our Website;
- Send you information about the services and opportunities that you express an interest in, including volunteering and election information;
- Send you technical notices, updates, security alerts and support and administrative messages;
- Respond to your comments, questions and requests and provide customer service;
- Communicate with you about services and events offered by MCDP and others, and provide news and information we think will be of interest to you;
- Monitor and analyze trends, usage and activities in connection with our Website;
- Detect, investigate and prevent fraud and other illegal activities and protect the rights and property of MCDP and others; and
- Carry out any other purpose for which the information was collected.
Sharing of Information
- With persons who volunteer or work with MCDP, including our candidates, consultants and other service providers who need access to such information to carry out work on our behalf;
- In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
- If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of MCDP or others;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
- Between and among MCDP and its current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
- With your consent or at your direction.
Advertising and Analytics Services Provided by Others
You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites. To do so, please visit https://www.hotjar.com/legal/compliance/opt-out for more information.
MCDP takes commercially reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party flash cookies used in connection with our Website. To delete or disable flash cookies please visit http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html for more information. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Website.
Promotional Communications. You may opt out of receiving promotional emails from MCDP by following the instructions in those emails or by emailing email@example.com directly. If you opt out, we may still send you non-promotional communications, such as those about our ongoing business relations.