Date of Last Revision – October 20th, 2021
By accessing, using, or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws, guidelines, and regulations governing the Site. These Terms will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service, or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties, and limitations of liability.
Should you object to any of the terms or conditions of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site in any way, you should immediately discontinue use of the Site.
YOU AGREE THAT BY USING THE SITE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE.
2. Website Access. For purposes of these Terms, “Content” includes any text, message, data, photograph, image, graphic, information, audio/video files or other material on the Site and the related logos, insignias and other intellectual property contained therein. As between you and us, the Content on the Site, is owned by or licensed to the Campaign, subject to copyright and other intellectual property rights under the law. You shall not attempt to access any other of our systems, programs, or data that are not made available for public use.
3. Restrictions on Use of Site. You agree that in connection with your use of the Site, you will not do any of the following:
3.1 Circumvent, disable or otherwise interfere with any features of the Site including but not limited to security-related features or features that prevent or restrict use or copying of any Content, or which enforce limitations on use of the Site or its contents.
3.2 Copy, reproduce, republish, upload, post, transmit, or distribute in any way any content without our written permission, other than as expressly allowed by us.
3.3 Transmit through the Site any software or other materials that contain any malware, viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a harmful or destructive nature.
3.4 Use any data scraping, mining, robots, spiders, or similar data gathering and extraction methods within the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent.
3.5 Use any meta tags or any other “hidden text” utilizing the Candidate’s name or any substantially similar name without our express written consent.
3.6 Request more than 500 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals.
3.7 Use the Site or its contents for any unlawful purpose.
4. Consent to Use of Data and Mobile Communications; Mobile Messaging Terms.
4.1 You consent to our communicating with you about the Site and the Campaign 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 do not wish to continue participating in the Program or no longer agree to these Mobile Terms, you can reply “STOP” to any mobile message from us in order to opt out of the Program.
4.2 User Opt In. By providing your telephone number to the Campaign, you consent and agree to receive emails, text messages, SMS or MMS messages, and/or calls from us, any of our partners or affiliates, partners, or anyone acting by, with, or on behalf of the Campaign, and you consent and agree that such text messages, SMS or MMS messages, and/or calls may be sent using an automatic telephone dialing system or an artificial or prerecorded voice. You agree to the receipt of these emails, text messages, SMS or MMS messages, and/or calls even if you are on any state or federal Do Not Call list. Message and data rates may apply. You are responsible for charges for incoming text messages or phone calls on your phone.
4.4 Cost and Frequency: The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with us. Message and data rates may apply. Message frequency varies. Carriers are not liable for delayed or undelivered messages.
4.5 Device Compatibility and Eligibility. SMS or MMS messages only function on certain devices and operating systems. Future operating system upgrades to your device may or may not be compatible with SMS or MMS messages and SMS or MMS messages may not be available on all wireless carriers.
4.7 MMS Disclosure: The Program will send SMS messages if your mobile device does not support MMS messaging.
4.8 Our Warranty: We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of our control. We are not liable for delayed or undelivered mobile messages.
4.9 How to Get Help. To get help, email us at info@.com. From your mobile phone, you may request help at any time by texting “HELP” to any message you receive.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR ANY OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
7. Website Content.
7.1 Copyright and Limited License. This Site is owned and operated by the Campaign. All right, title and interest in and to the Content provided on this Site, including but not limited to information, documents, logos, graphics, sounds, page headers, button icons, and images are owned either by the Campaign or by third party authors, developers, or vendors and licensed to the Campaign (“Third Party Providers”) and are protected by law. Except as otherwise expressly provided by the Campaign, none of the Content may be republished, reproduced, uploaded, displayed, posted, distributed, or transmitted, in any way, including without limitation on any other website or in a networked computer environment, and nothing on this Site shall be construed to confer any license under any of Campaign’s intellectual property rights, whether by implication, estoppel, or otherwise. You further acknowledge that you do not acquire any ownership rights by using the Site, the Content or User Content provided by any third party. Any rights not expressly granted herein to you are hereby reserved by the Campaign.
7.2 Limited License For Access and Use. You are granted a limited, non-sublicensable license to access and use the Site for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site; (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 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, or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site other than for its intended purpose. Any use of the Site other than as specifically authorized herein, without the prior written permission of the Campaign, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. 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. This license is revocable at any time.
7.3 Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act and other applicable law, the Campaign has adopted a policy of terminating subscribers or account holders who are deemed to be repeat infringers as determined by the Campaign in its sole discretion. The Campaign may also choose to limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7.4 Copyright Complaints. If you believe that anything on the Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Kalani Tissot
Full Address of Designated Agent to Which Notification should be Sent: PO Box 370128, Las Vegas, NV 89137
Telephone Number of Designated Agent: 702-761-3083
E-Mail Address of Designated Agent: info@ZachConine.com
Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. Knowingly misrepresenting in your notification that the material or activity is infringing may subject you to liability for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
7.5 Trademarks. All logos and slogans contained in the Site are trademarks of the Campaign or third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Campaign or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark or product or service name of the Campaign without our prior written permission. In addition, the look and feel of the Site, including all page headers, Site design, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Campaign and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
7.6 Hyperlinks. You may not use a Campaign logo or other proprietary graphic of the Campaign to link to this Site without the express written permission of the Campaign. Further, you may not use, frame or utilize framing techniques to enclose any Campaign trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without the Campaign’s express written consent. The Campaign makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites or services accessible by hyperlink from the Site, or Web sites linking to the Site.
7.7 Submissions. You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or the Campaign that are provided by you in the form of email or other submissions to the Campaign, or any postings on the Site, are non-confidential and shall become the sole property of the Campaign. The Campaign 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.
7.8 User Content. The Site may include interactive areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Site (“User Content”). By using the Site you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any User Content that:
7.8.1 is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
7.8.2 would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
7.8.3 may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights;
7.8.4 impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
7.8.5 is an unsolicited promotion or solicitation;
7.8.6 is the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7.8.7 acts as viruses, corrupted data or other harmful, disruptive or destructive files;
7.8.8 violates the terms of any Campaign guidelines, policies or rules posted on the Site or otherwise provided to you; and
7.8.9 that, in the sole judgment of the Campaign, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Campaign or its users to any harm or liability of any type.
The Campaign takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. Enforcement of the user content or conduct rules set forth in these Terms is solely at the Campaign’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do 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. Although the Campaign has no obligation to do so, it reserves the right, and has absolute 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. Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Site. Except as otherwise provided, you retain ownership of all User Content you post on the Site. However, if you post User Content to the Site, unless we indicate otherwise, you grant the Campaign and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications in support of the Campaign, candidates, issues, organizations or causes supported by the Campaign, without any right of compensation or attribution. You grant the Campaign and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
7.9 Registration Data; Account Security. If you create an account on the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; and (c) maintain and promptly update the Registration Data, and any other information you provide to the Campaign, to keep it accurate, current and complete.
8. Indemnification. You agree to defend, indemnify and hold harmless the Campaign, its independent contractors, service providers, and consultants and joint committee members, and their respective directors, employees and agents (collectively, “Indemnified Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, your use of the Interactive Areas, or any act or omission relating to the Site or the User Content, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of, concerning, or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
9. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE CAMPAIGN, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SITE PROVIDED ON OR IN CONNECTION THEREWITH (INCLUDING ANY THIRD PARTY CONTENT) (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE CAMPAIGN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SERVICES. THE CAMPAIGN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CAMPAIGN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. THE CAMPAIGN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. THE CAMPAIGN IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY CONTENT, THIRD PARTY ACTIVITIES OR OTHER THIRD PARTY EVENTS LISTED ON THE SITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OR OTHER USERS OF THE SITE.
10. Limitations of Liability. Under no circumstances shall the Campaign be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for use, data or other intangible losses resulting from or relating in any way to the us of the Site, any Third Party Website, or from emails, text messages, SMS or MMS messages, and/or calls from us. Such limitation shall also apply with respect to damages incurred by reason of other services received through or advertised in connection with the Site or any links on the Site. These limitations shall apply to the fullest extent permitted by law.
11. Ability to Accept Terms of Service. You affirm that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, and affirmations set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Site.
13. Modifications and Updates of these Terms and Acceptance.
13.1 Modifications and Updates. The Campaign reserves the right to modify, add, alter or otherwise update these Terms from time to time, and you are highly encouraged to review these Terms from time to time. Each time you use the Site, the current version of these Terms will apply. You can determine whether these Terms have been revised since your last use of the Site by referring to the “Last Updated” legend at the top of these Terms. Please read these Terms carefully. Your use of the Site after any modification to or update of these Terms constitutes your acceptance to be bound by these Terms in the form it then exists, including any modifications or updates. If at any time you do not accept all the terms and conditions contained herein, you must immediately discontinue use of the Site.
13.2 Acceptance. You warrant, represent and agree that, by accessing and/or using the Site and/or its contents, you (i) do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms, (ii) have carefully read and considered these Terms and fully understand its contents and the significance of its contents, (iii) are consenting to these Terms of your own informed and free will, based upon such party’s own judgment and without any coercion or fear of retaliation, and (iv) you have been afforded the opportunity to obtain independent legal advice with respect to these Terms.
14. Governing Law. These Terms and the relationship between you and the Campaign shall be governed by the laws of the State of Nevada without regard to any conflicts of laws principles. Further, to the extent the arbitration provisions of these Terms are void, unenforceable, or inapplicable, you agree that all actions or proceedings arising in connection with your use of the Site and these Terms shall be tried and litigated exclusively in the State and Federal courts located in the Clark County, State of Nevada. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and the Campaign with respect to or arising out of these Terms in any jurisdiction other than that specified in this Section. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the Clark County, State of Nevada shall have personal jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to your use of the Site or these Terms. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to (i) the use of the Site, or (ii) these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that these Terms shall not be construed against the drafting party, i.e., the Campaign.
15. Binding Arbitration.
15.1 EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND THE CAMPAIGN MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, AS SET FORTH BELOW.
15.2 Any dispute between the parties to these Terms, any dispute between you and the Campaign, as well as any controversy or claim arising out of or relating to these Terms or the Site (in each case, a “Dispute”) will be settled by arbitration before a single arbitrator administered by the American Arbitration Association under its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in these Terms. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Disputes presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Disputes, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement. The arbitration shall be governed by the state law or federal law applicable to each specific claim brought, with the exception that arbitrability shall be determined by the arbitrator and governed in primary conformity with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and, secondly, any state arbitration act.
15.3 The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
15.4 To ensure timely resolution of disputes, the party initiating arbitration must do so within the statute of limitations (deadline for filing) provided by applicable law pertaining to the Dispute, subject to any shorter period of time set forth in these Terms which is intended to shorten the applicable statute of limitations. The failure to initiate arbitration within this time limit will bar any such claim.
15.5 The arbitration will be conducted in Clark County, Nevada, before a neutral arbitrator. The arbitration will have jurisdiction to determine the arbitrability of any claim. The arbitrator shall have the authority to grant all monetary or equitable relief (including, without limitation, ancillary costs and fees) available under state and federal law. The award rendered by the arbitrator shall be in writing, setting forth the essential findings and conclusions upon which the award is based. The award may be entered and enforced by any court having jurisdiction thereof. These Terms and its enforcement shall be governed by the law of the state of Nevada and any discovery shall be permitted in accordance with the Federal Arbitration Act and any applicable state arbitration act, subject to AAA Rules.
15.6 No Class or Consolidated Disputes.
15.6.1 YOU AND THE CAMPAIGN AGREE THAT YOU MAY BRING CLAIMS, AS APPLICABLE, AGAINST THE CAMPAIGN ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Campaign agree otherwise, the trier of fact may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator shall have no authority to consider or resolve any Dispute or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Dispute or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
15.7 The exceptions to the Dispute resolution provisions of this Section are: (a) actions by the Campaign for equitable relief; and (b) any other claim where an agreement to arbitrate is unenforceable under applicable law and not preempted by the FAA. To the extent that either party has the right to seek assistance from, file charges with, or participate in investigations and proceedings of any federal, state or local agency, such rights are not precluded by this dispute resolution provision, but this dispute resolution provision does operate as a waiver of any additional personal monetary recovery if related to any Dispute. In the event of any administrative or judicial action by any agency or third party that adjudicates any Dispute, neither the Campaign, nor you, shall be permitted to receive a double recovery.
15.8 Severability. In the event that any portion of this Section is deemed illegal or unenforceable under applicable law, and not preempted by the FAA, such provision shall be severed and the remainder of the provisions of this Section will be given full force and effect.
16. Questions. If you have any questions or comments regarding these Terms or the Site, feel free to contact us at info@ZachConine.com.
17. Severability. If any non-material provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
18. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
19. Termination. Notwithstanding any of these Terms the Campaign reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account by using other tools that we may make available via your member account or by contacting us.