PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile sites, and other online offerings (collectively, the “Site”) provided by Zimmerman for Congress (”ZFC” “we,” or “us”). By accessing or by using our Site, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site.
We reserve the right to change or modify any of the terms and conditions contained in the Terms at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
If you have any questions about these Terms or our Site, please firstname.lastname@example.org.
For information about how we collect, use, share and otherwise process information about you, please see our https://zimmermanforcongress.com/privacy-policy/.
2. Consent to Use of Data and Mobile Communication; SMS Program Terms
You consent to our communicating with you about the Site and ZFC by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications.
If you subscribe to any text programs that ZFC makes available, the following terms apply:
By subscribing to ZFC updates or alerts, you consent to receive periodic updates or alerts by automatic text message. Text STOP to stop. For Help, text HELP or email@example.com. Message and data rates may apply. See our https://zimmermanforcongress.com/privacy-policy/. Neither ZFC nor the participating carriers guarantee that messages will be delivered. ZFC may discontinue the program at any time without notice.
3. User Content
Our Site may include interactive areas of service that allow you and other users to create, post, store and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and ZFC. You are solely responsible for your use of the Site and use them at your own risk.
You grant ZFC and its independent contractors, service providers, consultants and joint committee members, a perpetual, irrevocable, assignable, transferable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels around the world now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Site, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. You hereby waive any moral rights you have in User Content. Although ZFC has no obligation to do so, it reserves the right, and has sole discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
4. Prohibited Conduct and Content
You may not access or use, or attempt to access or use, the Site to take any action that could violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Site, and you are solely responsible for your conduct while using our Site. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and ZFC;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity or the origin or materials you transmit;
- Engage in unauthorized spidering, “scaping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- Use the Site to access, copy, collect, gather, or assemble information or data regarding other users of the Site without the applicable user’s prior express consent;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network, including without limitations via any viruses, corrupted data, or other harmful, disruptive or destructive files;
- Sell, resell or commercially use our Site or sublicense any of your rights under these Terms;
- Attempt to copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
- Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
- Use our Site other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner, or take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Attempt to reverse engineer, decipher, decompile, or disassemble any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
- Develop or use any applications that interact with our Site 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 Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Violations of systems or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Site for any or no reason at any time without notice.
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe, misappropriate, or otherwise violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Site, or may expose ZFC or others to any harm or liability of any type.
Enforcement of this Section is solely at ZFC’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 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. ZFC takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, for any loss or damage thereto, nor is ZFC liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
5. Truthful and Accurate Information
When you complete forms online or otherwise provide us information in connection with the use of our Sites, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Sites and pursue any appropriate legal remedies.
6. Copyright and Limited License
The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein (collectively, the “Site Materials”), are owned by ZFC or our licensors and are protected under both United States and international copyright laws. Except as explicitly stated in these Terms, all rights in and to the Site 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 Site for your own personal, noncommercial use. Such license is subject to the Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Site or the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for their intended purpose. Any use of the Site or Site Materials other than as specifically authorized herein, without our prior written permission from ZFC, is strictly prohibited, will terminate the license granted herein, and may violate our intellectual property rights. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The license is revocable at any time.
Zimmerman for Congress and our logos, slogans and the look and feel of the Site (including all page headers, custom graphics, button icons and scripts) are trademarks and/or trade dress of ZFC 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 any other “hidden text” utilizing “Zimmerman for Congress” or any other name, trademark, or product or service name of Zimmerman for Congress without our prior written permission. All other trademarks, registered trademarks, product names and campaign names or logos mentioned on the Site 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 not use a ZFC logo or any other proprietary graphic of ZFC to link to these Site without express written permission of ZFC. Further, you may not use, frame or utilize framing techniques to enclose any ZFC trademark, logo or other proprietary information, including the images found at the Site, the content of any text or layout/design of any page or form contained on a page on the Site without ZFC’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ZFC or any third party.
8. Feedback and Submissions
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about ZFC or our Site (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 ZFC’s sole discretion.
You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Sites or ZFC that are provided by you in the form of email or other submissions to ZFC, or any such postings on the Sites, are non-confidential and shall become the sole property of ZFC. ZFC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you. To the extent you have any rights, title, or interest in any of the foregoing, you shall assign, and hereby assign, any and all such rights, title, and interest to ZFC.
9. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating or limiting the access of, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others at our sole discretion. If you believe that anything on our Site infringes any copyright that you own or control, you may notify ZFC’s designated agent as follows:
Designated Agent: Copyright Agent
Address: PO Box 220363, Great Neck, NT 11022
E-Mail Address: firstname.lastname@example.org
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Site is infringing, you may be liable to ZFC for certain costs and damages.
10. Third-Party Content, Products, and Sites
We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Site (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. ZFC 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. ZFC does not sponsor or recommend, or otherwise accept responsibility for any Third Party Content, Products, or Services, and we are not responsible for their content, quality, nature, reliability, privacy, data security or other practices or their handling of information you make available to them.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless ZFC and its independent contractors, service providers, and consultants, successor organizations, and joint committee members, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified 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 Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.
Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content or services 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, ZFC does not represent or warrant that our Site are accurate, complete, reliable, current or error-free. While ZFC attempts to make your use of our Site safe, we cannot and do not represent or warrant that our Site or servers are free of viruses, errors, functionality interruptions, or other harmful components. You assume the entire risk as to the quality and performance of the Site.
ZFC is not responsible for, and expressly disclaims any liability for, any errors or omissions in the content included in the site or any third-party sites linked to or from the sites, including those relating to pricing, text or photography, as well as for any third-party products, services, and content. Nor is ZFC responsible or liable in any manner for any third-party activities, program, or events listed on the Site. ZFC reserves the right to change any and all content contained on the Site and any services offered through the Site at any time without notice.
13. Limitation of Liability
To the fullest extent permitted by applicable law, ZFC and its contractors, service providers, consultants, successor organizations, and joint committee members, and each of their respective officers, directors, agents, and employees (collectively, the ZFC 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 such parties have been advised of the possibility of such damages. These include but are not limited to damages caused by reliance by user on any information obtained from ZFC, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, 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 ZFC’s records, programs or services, even if one or more of them has been advised of such damages or loss. The total liability of ZFC and the other ZFC Parties for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to $5.00.
14. Governing Law and Venue
Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York state or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of Washington state and the United States, respectively, sitting in Nassau County, New York.
15. Modifying and Terminating our Site
We reserve the right and sole discretion to modify our Site or to suspend or stop providing you access to all or portions of our Site, or terminate your license to use our Site, at any time without notice. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site.
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.
These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. The failure of ZFC 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. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Site. Nothing contained in these Terms is a derogation of our right to comply with governmental, court, and law enforcement requests or requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to each use.