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Terms and Conditions of Use

Acceptance of Terms of Use
These Terms of Use control your use of the VoteDown Web site. By visiting, using or browsing the VoteDown Web site, you agree and accept to be bound by these Terms of Use, as well as the Privacy Policy and any supporting or other documents located on the VoteDown website. If you do not agree to these Terms of Use, you should not use the VoteDown Web site.

Modifications to Terms of Use
VoteDown reserves the right, at its discretion, with or without notice to you, to change these Terms of Use. The most recent version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink found at the bottom of the pages of the VoteDown Web site. The most recent version of the Terms of Use will replace all previous versions. Your use of the VoteDown Web site after modifications are made means that you agree to be bound by such modifications.

Privacy
All information submitted on the VoteDown Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

Billing
As a member of VoteDown, you agree that for all subscriptions, we are permitted to charge your credit card. All fees and charges are non refundable.

Account Access
In order to most effectively provide you with access to your account, VoteDown will place a cookie (a small text file) on any computer from which you access the VoteDown Web site. When you return to the VoteDown web site, this cookie may help us to recognize you as the proper account holder and provide you with direct access to your account without requiring you to retype your password or other user identification. You shall be responsible for protecting the confidentiality of your account and password and for restricting access to your computer.

Leading Opponent Designation
Donors elect to donate to the Leading Opponent of a Representative in a specific race ("Leading Opponent"). Once as donation has been received:

  • VoteDown will accept and hold the donation from the donor until a period ninety (90) days before the relevant election ("Decision Date").
  • At that time, VoteDown will consult with all published polls of that particular race which have been published within ninety (90) days of the Decision Date by a pollster which has been approved and published on the VoteDown web site list of approved pollsters.
  • VoteDown will average all of the applicable polls to determine the candidate in the race, other than the Representative which was donated against, who has the highest polling in the race. That candidate will be declared the Leading Opponent.
  • If no applicable public polling has been conducted on the race in question, VoteDown will refer to the latest published FEC filings as of the Decision Date to determine which opposing candidate has the highest Net Cash On Hand (defined as Cash On Hand minus outstanding Debt). That candidate will be declared the Leading Opponent. In the event of a tie, the amounts will be split equally between the Leading Opponents.
  • If the Representative being opposed is unopposed in the race, or if the Representative being opposed does not run for re-election, the amounts will be donated to the appropriate political party. That is, if the Representative was being opposed in a primary election, the funds will be donated to the political party associated with the representative. If the Representative was being opposed in a general election, the funds will be donated to the opposite party as the Representative (i.e. if the Representative is a Democrat, the funds will be donated to the Republican Party. If the Representative is a Republican, the funds will be donated to the Democratic Party).
  • Upon designation of a Leading Opponent, VoteDown will post the results to its web site for a period of 7 days and will endeavor to contact the relevant Leading Opponent campaign to effectuate the funds transfer. If the Leading Opponent campaign cannot be reached or is unwilling to accept the donations, the funds will be transferred to the political party of the Leading Opponent.

Disclaimers of Warranties and Limitations on Liability
The VoteDown Web site and its contents are provided "as is" and VoteDown makes no representations or warranties of any kind with respect to the VoteDown Web site or its contents, or our services. We assume no responsibility or liability for any failures, delays, or interruptions in the delivery of any content contained on the VoteDown Web site, any errors or omissions in the content of the VoteDown Web site, any damages or losses arising from the use of the VoteDown Web site, or any conduct by users of the VoteDown web site. We disclaim all warranties and representations, including, for example, warranties of fitness for a particular purpose, merchantability, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is complete, correct, or current.

Under no circumstances shall VoteDown, its members, directors, officers, or employees be liable (jointly or severally) to you for any incidental, special, indirect or consequential damages of any kind, or any damages whatsoever resulting from, arising out of or in connection with the use or performance of VoteDown or our services. If any applicable authority holds any portion of this section to be unenforceable, the same shall not invalidate any other portion of this section and any liability will be limited to the fullest possible extent permitted by applicable law.

Limitations on Liability of Transfers
VoteDown will make its best effort to identify the correct Leading Opponent and to effectuate transfer of funds to the appropriate campaign. In the event of incorrect or mistaken transfers of funds, VoteDown assumes no liability and under no circumstances shall VoteDown, its members, directors, officers, or employees be liable (jointly or severally) for any incidental, special, indirect or consequential damages of any kind, or any damages whatsoever resulting from, arising out of or in connection with the use or performance of VoteDown or our services.

Indemnification
You agree to hold harmless and indemnify VoteDown and its heirs and affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liabilities and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of the VoteDown website including transmission or placement of information or material by you on VoteDown. This provision shall survive the termination of your right to use VoteDown

Intellectual Property

Technical Issues
VoteDown is not responsible for technical issues associated on the web site, including but not limited to software crashes.

Copyright
The content on the VoteDown Web site, including graphics, images, text, logos, designs, photographs, audio/video clips, button icons, digital downloads, data compilations, and software, is the property of VoteDown or its suppliers and is protected by United States and international copyright laws. All content on this site is the exclusive property of VoteDown and protected by U.S. and international copyright laws. It should not be reproduced or used without express written permission from VoteDown.

Trademarks
The graphics, logos, page headers, button icons, scripts and service names on the VoteDown web site are trademarks or trade dress of VoteDown. VoteDown's trademarks and trade dress may not be used in connection with any product or service that is not VoteDown's, in any manner that disparages or discredits VoteDown, or in any manner that is likely to cause confusion among VoteDown customers. or. All other trademarks not owned by VoteDown that appear on the VoteDown Web site are the property of their respective owners, who may or may not be affiliated with VoteDown or VoteDown.org. Images of persons or personalities contained on the VoteDown.org Web site shall not be an indication of endorsement of any product or our service unless otherwise specifically indicated.

Use of Information Submitted
VoteDown is permitted to use any ideas, concepts, reviews, comments, information or techniques contained in any communication sent to the VoteDown Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, marketing, developing and manufacturing products and creating, modifying or improving the VoteDown Web site or other Web sites. Furthermore, by posting any information on our site, you grant us a nonexclusive, royalty-free license to reproduce, use, display or modify that information.

Your Conduct on the VoteDown Web Site
By accessing the VoteDown Web site, you agree not to send or transmit any material to VoteDown that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment connected with the VoteDown Web site. You also agree not to obstruct the servers or networks connected to the VoteDown Web site or to violate any of the procedures, policies or regulations of networks connected to the VoteDown Web site, the terms of which are incorporated herein. You also agree not to imitate any other person while using the VoteDown Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the VoteDown Web site for any unlawful purpose.

Limitations on Use
Individuals under the age of 18 are not permitted to utilize the services provided by VoteDown without the involvement of a parent or legal guardian. Unless otherwise specified, the content on the VoteDown Web site is for your personal use, and shall not be used for commercial purposes, and we grant you a limited license to access the VoteDown Web site for that purpose. You may not modify, copy, distribute, display, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the VoteDown Web site without our express written consent. Any unauthorized use of the VoteDown Web site or its contents will terminate the limited license granted by us.

Right to Terminate
We reserve the right to restrict or terminate your use of our service, without notice, for any or no reason whatsoever.

Links
Some hyperlinks on the VoteDown Web site may lead to other Web sites not controlled by, or affiliated with VoteDown. In addition, other Web sites may link to the VoteDown Web site. VoteDown has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.<