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Effective as of August 3, 2021
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (REFERENCED HEREIN AS “YOU” OR “USER” OR WITH “YOUR”) AND KEVIN DE LEÓN FOR MAYOR 2022 (REFERENCED HEREIN AS THE “CAMPAIGN”) THAT APPLIES EACH TIME YOU USE OR ACCESS A WEBSITE PROVIDED BY THE CAMPAIGN, INCLUDING BUT NOT LIMITED TO KEVIN DE LEÓN FOR MAYOR 2022’S WEBSITE (REFERENCED COLLECTIVELY HEREIN AS THE “SITE”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE SITE.
The Campaign reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any User Contribution(s). Further, the Campaign shall not have any obligation to incorporate or utilize any User Contribution(s) that does not correspond to or meet the Campaign’s technical or usage practices, parameters, and limits.
Please place the following label, “Notice of Infringement,” in the subject line of all such communications to the Campaign. The Campaign will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the user responsible for the material about said removal.
Users who believe that their material has been removed by mistake or are not in violation of copyright law should provide the Campaign with a counter-notification that contains the following information:
Upon receipt of such material, the Campaign will restore the material and provide the counter-notification to the party who issued the notification.
The Campaign welcomes your feedback and suggestions about the Campaign or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to the Campaign, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to the Campaign and enable the Campaign to use such Feedback. In addition, any Feedback received by the Campaign will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for the Campaign to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
Additional notices, terms, and conditions may apply to products, services, receipt of (or access to) certain materials, participation in a particular program, and/or to specific portions or features of the Site. Without limitation of the foregoing, you hereby agree that (a) this TOU operates in addition to any terms of use imposed or required by any digital download platform from which you download the Site (“App Provider Terms”); and (b) the terms of this TOU supplement and do not alter or amend any such App Provider Terms. All purchases through the Site are governed by the Campaign’s Terms of Sale, which are hereby incorporated into this TOU.
All payments and donations made through the Site are processed through one or more third-party processors (“Processors”). Payments and donations made through Processors are governed by the Processors’ respective privacy policies and terms of use. Processor names will appear on your credit or debit card statement.
Please see the Campaign’s Privacy Policy for a summary of the Campaign’s personally identifiable information collection and use practices. You further agree that any such notices, agreements, disclosures or other communications that the Campaign sends you electronically (using the contact information you provide through the Site) will satisfy any legal communication requirements.
The Campaign may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience. Such other sites are maintained by third parties over which the Campaign exercises no control. These links do not imply an endorsement with respect to any third party or any third-party web site or the information, products, or services provided by any third party.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. THE CAMPAIGN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE CAMPAIGN ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY, AVAILABLE THROUGH, OR ADVERTISED ON THESE THIRD-PARTY WEB SOLUTIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE THE CAMPAIGN FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND THE CAMPAIGN’S CONTROL. MOREOVER, IN NO EVENT SHALL THE CAMPAIGN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, EVEN IF THE CAMPAIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF THE CAMPAIGN FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE SITE AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING THE TOTAL AMOUNT PAID BY YOU TO THE CAMPAIGN DURING THE PAST SIX MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE CAMPAIGN’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold the Campaign (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this TOU or for any violation or alleged violation of the rights of any other person or entity by your User Contribution(s).
You agree that all disputes between you and the Campaign (whether or not such dispute involves a third party) with regard to your relationship with the Campaign, including, without limitation, disputes related to this TOU, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and you and the Campaign hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor the Campaign will participate in a class action or class-wide arbitration for any claims covered by this TOU. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if the Campaign is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of Campaign proprietary assets, will cause irreparable injury to the Campaign, such injury would not be quantifiable in monetary damages, and the Campaign would not have an adequate remedy at law. You therefore agree that the Campaign shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that the Campaign post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to the Campaign to enforce any provision of this TOU.
This TOU will take effect (or re-take effect) at the moment you check the box certifying that You have read, understand, and agree to abide by the terms and conditions of the Site, register, respond through the Site to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. The Campaign reserves the right at any time and on reasonable grounds to deny your access to the Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning the Campaign’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
The Site is controlled and operated by the Campaign from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California. Any action to enforce this TOU will be brought in the courts presiding in the State of California and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable Sanctions and Export Control Laws, (ii) you are solely responsible for ensuring that the Site is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws, and (iii) you will not re-export or transfer the Site, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by the Campaign of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
No joint venture, partnership, employment, affiliate, or agency relationship exists between you and the Campaign as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between you and the Campaign with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Campaign with respect to the Site. You may not assign or transfer any rights under this TOU without the prior written consent of the Campaign. Please note that the Campaign reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, the Campaign may add, modify, or delete any aspect, program, or feature of the Site, but the Campaign is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
If you have questions regarding the Site, please contact the Campaign at: [email protected].