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Save American Democracy Terms Of Service

Effective Date: October 1, 2024

1. Introduction

Save American Democracy provides technology and services for Democratic candidates, progressive organizations, nonprofits, and donors. These Terms of Service ("Terms") govern your access to, interactions with, and use of Save American Democracy's platform, including our website, services, features, and other technology we offer (collectively, our "Services"), except where we have expressly stated that separate terms apply. By accessing or using our Services, you agree to be bound by these Terms.

2. Privacy

By using Save American Democracy, you also agree that we can collect and use your personal information in accordance with our Privacy Policy. This includes your interactions and communications with Save American Democracy on other websites, services, and platforms. We encourage you to read it to better understand how we collect and use personal information.

3. Our Services

a. Scope of Services

Save American Democracy builds technology and infrastructure for Democratic campaigns, progressive-aligned causes, and people trying to make an impact in order to fuel long-term, people-powered change. In furtherance of this mission, we engage in a variety of activities that are subject to these Terms, including developing, operating, providing, improving upon, and protecting the Save American Democracy platform.

Our Services include providing tools for building a campaign or movement, and solutions for donors to discover and contribute to a candidate or cause. Some of our Services and features may require creating an account, while other Services can be used without an account.

b. Service Modification

We are constantly developing new technologies and features to improve our Services. As part of this continual evolution, we may add, remove, change, or discontinue certain features or functionalities. We cannot guarantee the ongoing availability of any of our Services, except where we have separately made such commitments to you.

4. Your Commitments

a. Your Eligibility

You agree to the following commitments concerning your eligibility to access and use our Services:

  • Age Requirements: You must be at least 18 years old, or the age of majority in your state of residence, to use our Services. If we become aware that you are under this minimum age, we will suspend your access to our Services and/or delete your account.
  • Correct Information: To promote the safety and accountability of our platform and community, you shall truthfully represent yourself when using our services.
  • Contract Authority: If you are using our Services on behalf of an organization or entity, you represent that you have authority to bind that organization or entity to these Terms. All references to “you” and “your” in these Terms will apply to both you and that organization or entity.
  • Restricted Users: You cannot use our Services if we have previously disabled your account or restricted your use due to violation of these Terms or other terms and policies, unless we specifically permit you to do so.
  • Other Limitations: You cannot use our Services if you are a person who is barred from doing so under the laws of the United States or any other applicable jurisdiction. For example:
    • Individuals or entities on U.S. sanctions or anti-terrorism lists maintained by OFAC.
    • Entities owned 50% or more, directly or indirectly, by a designated party.
    • Persons or entities located in, or operating from, a comprehensively sanctioned territory.
b. Your Use and Conduct

We expect you to help keep Save American Democracy’s platform and community secure, safe, and respectful. Your activity on our platform must comply with these Terms and any additional policies that apply. If you comply with these Terms, Save American Democracy grants you a non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services in accordance with these Terms. We reserve the right to suspend access, delete accounts, or take necessary steps to address violations of these Terms.

  • Respecting Laws: Your use of our Services must comply with all applicable laws, including campaign finance regulations and OFAC sanctions.
  • Respecting Others: You cannot infringe on the rights of others, including their privacy and intellectual property. Harassment, fraud, and impersonation are prohibited.
  • Respecting Save American Democracy: You cannot interfere with or disrupt our Services. This includes introducing malware, spam, or attempting to bypass security measures.
c. Your Content

Some Services allow you to upload, share, or provide content. By providing Content, you confirm that:

  • You have sufficient rights to grant us a license to use it.
  • Your Content does not violate others' privacy or intellectual property rights.
    • Accountability: Content is the responsibility of the person providing it, and we are under no obligation to host or provide it.
    • License: By providing Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use it. This license ends when the Content is deleted from our systems unless necessary for specific legal or safety purposes.
d. Feedback

If you provide feedback, we may use it without obligation. All feedback becomes our property, and you confirm that:

  • You have the right to disclose the feedback.
  • The feedback does not violate others' rights.
  • The feedback does not contain confidential third-party information.
e. Other Expectations
  • Account Security: You are responsible for keeping your account secure. We are not liable for any issues arising from unauthorized access to your account.
  • Misuse of Services: You cannot misuse our Services, such as distributing unsolicited content or using automated means to access them.
  • Prohibited Commercial Activity: You cannot use our Services to sell or promote products, advertising, or sponsorships without permission.

5. Copyright Claims

Save American Democracy may, in appropriate circumstances and at its discretion, remove Content or suspend or terminate accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Save American Democracy a written notice containing the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Services;
  • Your address, telephone number, and email 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; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

6. Other Legal Terms

a. Intellectual Property Rights

As between the parties, Save American Democracy owns all right, title, and interest in and to the Services, including all associated intellectual property rights. You own all right, title, and interest in and to the Content, including all associated intellectual property rights. All rights not expressly granted under these Terms are reserved by the granting party.

b. Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Save American Democracy and its affiliates, directors, officers, employees, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney’s fees) due to, arising out of, or relating in any way to:

  • Your access to or use of our Services, or any action by a third party in connection with our Services;
  • Your Content, including infringement claims related to it;
  • Your breach of these Terms or any applicable law or regulation; or
  • Your negligence or willful misconduct.
c. Disclaimer

Our Services are provided “as is” and “as available” and to the extent permitted by law 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, while we attempt to provide a good user experience, we do not represent or warrant that:

  • The Services will always be secure, error-free, or timely;
  • The Services will always function without delays, disruptions, or imperfections; or
  • Any Content or information made available on or through the Services will be timely or accurate.

Save American Democracy does not take responsibility or assume liability for any Content that you, another user, or a third party shares, uploads, provides, or otherwise makes available on or through our Services. You understand and agree that you may be exposed to Content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Save American Democracy will be responsible for.

d. Limits on Liability

To the fullest extent permitted by law, Save American Democracy and its affiliates, directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use our services; or
  • The conduct or content of other users or third parties on or through our services.

In no event will our aggregate liability for all claims relating to our services exceed the greater of $100.00 USD or the amount you paid us, if applicable, in the 12 months preceding the date of the activity giving rise to the claim.

e. Governing Law and Venue

These Terms will be governed by the laws of Massachusetts without regard to its conflict of law provisions. Any claims will be litigated exclusively in the United States District Court for the District of Massachusetts or the state courts of Middlesex County, Massachusetts. You and Save American Democracy consent to submit to personal and exclusive jurisdiction in those courts.

7. General Provisions

a. Changes to these Terms

Save American Democracy may update these Terms from time to time as we improve our platform and develop new services and features. Unless otherwise required by law, we will let you know of any important changes by revising the date at the top of these Terms. In some cases, we may add an additional early notice on our website or send you an email if you provided us with that information. Your continued use of the Services after changes indicates your acceptance of the new Terms.

b. Entire Agreement

These Terms, including any additional terms and policies referenced within, comprise the entire agreement between you and Save American Democracy and supersede any prior agreements. If we do not enforce a provision in these Terms, it will not be considered a waiver of our rights to enforce these Terms. We reserve the right to transfer our rights under these Terms and provide the Services using another entity. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.

c. Termination

Save American Democracy reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, some or all of the Services (or any part thereof), with or without notice and without liability to you or any third party.

Save American Democracy may terminate or suspend your right to access some or all of the Services, without prior notice or liability, if you breach any of the terms or conditions of these Terms or the Privacy Policy, including using the Services in violation of any applicable law such as trade controls or anti-terrorism laws. Should Save American Democracy suspect that an individual or entity is using its platform in violation of said laws, we reserve the right to investigate the suspected unlawful conduct. Save American Democracy will immediately suspend or terminate an individual or entity determined to have violated applicable law.

In the event of termination of these Terms, all sections which by their nature should survive termination shall survive.

d. Contact Us

If you have questions about these Terms or our Services, you can contact us.