Terms of Use

1. User Information

   In order to access or use some parts of americanselect.org or the Service, you may be required to submit certain personal information. Our information collection and use policies with respect to americanselect.org are set forth in our Privacy Policy, which is incorporated herein by reference for all purposes. When submitting information to americanselect.org, you agree to provide only true, accurate, current and complete information, and you accept responsibility for all activities that occur under your account. By providing your email address to us, you agree to receive communications from us electronically and that such communications satisfy any legal requirement for them to be in writing.

2. Mobile Messaging Program

   Americans Elect offers you, if you have a compatible wireless device, the opportunity to provide your mobile phone number to us for security verification purposes (e.g., to help us confirm that you are who you say you are and send you your password if you cannot remember it) and so that we can send you news and information relating to Americans Elect. The number and frequency of messages you receive will depend upon what alerts you elect to receive from us, and how often you request your Americans Elect log in credentials. Message and data rates may apply.

   If you provide your mobile number, you agree to receive text messages from us at the number you provide unless and until you elect not to receive such messages by texting STOP to AE2012, which you can do at any time. Your opt out will be effective after you receive our opt-out confirmation text message. By signing up for Mobile Messaging, you further represent that you are the owner or authorized user of the device you use to sign up for the program, and that you are authorized to approve the applicable charges. You must be 18 years of age or older and reside in the United States to use Mobile AE. For help with Mobile Messaging, text HELP to AE2012 or contact customer service info@AmericansElect.org.

   Supported carriers: T-Mobile®, Verizon Wireless, AT&T, Sprint, Nextel, Boost, U.S. Cellular®, Cellular One Dobson, MetroPCS and Cricket

3. Private or Sensitive Information on Public Forums

   Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through americanselect.org, by e-mail, or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and our Privacy Policy. By submitting, posting, or sending Submitted Materials to us, you warrant that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also agree to permit any other americanselect.org user to access, view, store or reproduce the material for his or her personal use.

4. Submitted Materials

   Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through americanselect.org, by e-mail, or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and our Privacy Policy. By submitting, posting, or sending Submitted Materials to us, you warrant that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also agree to permit any other americanselect.org user to access, view, store or reproduce the material for his or her personal use.

5. Rules of Conduct

   While we welcome and encourage user interaction on americanselect.org, we do insist and require that you restrict your activity on americanselect.org to that which involves lawful purposes only. In addition, you may not:
   
   - impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity;
   
   - exploit americanselect.org, the Service or any Site Content, or any portion hereof, for commercial purposes without our prior written permission;
   
   - alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content (or attempt to do any of the foregoing);
   
   - obtain or attempt to gain unauthorized access to computer systems, materials, information or services available on or through americanselect.org through any means;
   
   - engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on americanselect.org, or obtaining lists of users or other information from or through americanselect.org;
   
   - use americanselect.org or the Service in any manner that could interrupt, damage, disable, overburden or impair americanselect.org or interfere with anyone else’s use and enjoyment of americanselect.org or the Service;
   
   - circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with americanselect.org, the Service, or any software on americanselect.org;
   
   - post or transmit through americanselect.org any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
   
   - upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind.
   

6. Proprietary Rights

   As between you and us, and except for your Submitted Materials (as defined in Section 3 above), we own all rights, title and interest in and to americanselect.org, the Service, all the content (including, without limitation, all audio, photographs, images, renderings, RSS feeds, podcasts, reports, charts, logos, widgets, gadgets, applets, and video), software, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of americanselect.org, and the compilation of the Site Content. Your use of americanselect.org or the Service does not grant to you ownership or title of, in or to any Site Content or any other part of americanselect.org or the Service.

7. Limited License

   Subject to these Terms of Use, you may access, view, use and display americanselect.org, the Service, and Site Content on your computer or other Internet-capable device for your own, non-commercial purposes, provided that you comply fully with these Terms of Use. You may not use americanselect.org or the Service for a third party.

8. Trademarks

   The trademarks, logos, service marks and trade names that may be displayed on americanselect.org are our registered and unregistered trademarks and those of other persons (collectively, the “Trademarks”), and may not be used unless authorized expressly on americanselect.org, in these Terms of Use, or by the applicable Trademark owner. Nothing contained on americanselect.org grants you (by implication, estoppel, or otherwise) any license or right to use any Trademark displayed on americanselect.org without our written permission or that of the third party rights holder.

9. Copyright Claims

   We respect the intellectual property rights of others, and require that the people who use americanselect.org do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send the following information to us: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located; (d) 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; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) 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. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
   
   Copyright Agent
   c/o Americans Elect
   P.O. Box 27875
   Washington, DC 20038-7875
   Tel: 202-630-4869
   Fax: 202-618-6291
   Email: security@americanselect.org
   

   It is our policy to terminate the accounts of users who repeatedly infringe third-party copyrights.

10. Right to Monitor and Editorial Control

    We reserve the right, but do not have any obligation, to monitor and/or review Submitted Materials. While we are not responsible for Submitted Materials, we may edit, refuse to post or remove any such materials that in our judgment are objectionable or in violation of these Terms of Use, any of our policies, or applicable law. Furthermore, we may impose limits on certain features or restrict your access to part or all of americanselect.org or the Service, without notice or liability, if we believe you are in breach of these Terms of Use or applicable law, or for any other reason.

11. Indemnification

    You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) your use of americanselect.org, the Service, or the Site Content, (ii) your Submitted Materials, in whole or in part, or (iii) your breach or violation of the law or these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

12. Donations

    By submitting a donation online, you represent that the information you provide (including your name, address, and credit or debit card number) is accurate, complete and correct and that you have the lawful right to provide it to us and/or our third party donation processor for use in processing your donation. You expressly authorize us or our donation processor to charge to the credit or debit card account you provide to us the full amount of your donation. Furthermore, you agree that a donation to Americans Elect does not entitle you to any undue influence in the process or outcome.

13. Third Party Web Sites

    You may be able to link from americanselect.org to third party web sites and third party web sites may link to americanselect.org (“Linked Sites”). You acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship by us. If you choose to rely on any Linked Site, you are doing so at your own risk and you assume all responsibilities and consequences resulting from such choice.

14. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY AGREE THAT YOUR USE OF AMERICANSELECT.ORG AND THE SERVICE IS AT YOUR SOLE RISK. NEITHER WE, NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, WARRANT THAT USE OF AMERICANSELECT.ORG OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, NEITHER WE NOR THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF AMERICANSELECT.ORG OR THE SERVICE, OR (II) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON AMERICANSELECT.ORG OR OF THE SERVICE.

    THE SITE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

15. Jurisdictional Issues

    Americanselect.org is intended for users who are located in the United States. We do not represent that materials on americanselect.org are appropriate or available for use in other locations. Persons who choose to access americanselect.org from other locations do so on their own initiative, and are responsible for compliance with local laws to the extent any such laws are applicable.

16. Termination

    We may terminate, change, suspend or discontinue any aspect of americanselect.org or the Service at any time. In addition, we may restrict, suspend or terminate your access to americanselect.org, the Service, or any Site Content without notice or liability if you engage in any conduct that we, in our sole discretion, consider to be unacceptable or in breach of these Terms of Use.

17. Miscellaneous

    These Terms of Use and our relationship with you shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use shall be brought in the appropriate court in the State and County of New York, and you agree to submit to the personal and exclusive jurisdiction of the courts located there. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision and the other provisions of these Terms of Use remain in full force and effect.

Effective Date:April 21, 2011