Terms of Use Agreement

Electorate.Me and Movements.Us

 1.      Introduction.

Thank you for reviewing our Terms of Use Agreement (hereinafter the “Agreement”) for the Electorate.me and Movements.us web sites.  Electorate.me and Movements.Us are owned by Electorate.me, LLC, a Virginia limited liability company (“Electorate”).  This Agreement applies to persons who visit, register with, or otherwise use the Electorate web site (“Users”).  If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access Electorate services (“Services”) or the Electorate.me or Movements.Us web site (hereinafter referred to collectively as “Electorate.me” or “the Site”).  

2.      About Electorate.Me.

Electorate.me is designed to further social conversations within the electorate and between the elected and electorate.  Users may post their comments on a wide variety of issues and other Users may reply to those postings. Users may also correspond with their elected officials using communication tools provided by Electorate.  Please note that the comments and opinions made through the Site are not provided by Electorate and do not necessarily reflect the views or opinions of Electorate.  

3.      Availability and Eligibility.

Electorate.me is designed to further social conversations within the electorate and between the elected and electorate.  Users may post their comments on a wide variety of issues and other Users may reply to those postings. Users may also correspond with their elected officials using communication tools provided by Electorate.  Please note that the comments and opinions made through the Site are not provided by Electorate and do not necessarily reflect the views or opinions of Electorate.  

4.      Services.

The Site provides you with the opportunity to make online comments of your own and on the comments of other Users and to send and receive correspondence to and from your elected officials.  To post any comments to the Site or use any of our communication tools, you must first register with us.  Please note that registration is purely voluntary.  Subject to the terms of this Agreement, you may view and participate on the Site at no cost.  Only one registered account per person is allowed.

5.      Purchases and Billing.

Posting information and content to the Site is free, however Users of the Site may choose to purchase different access to features and tools on the Site to communicate with their elected officials and to support other Users.  If you choose to make a purchase from us, we will collect information from you, including credit card information, needed to process your transaction and will charge your credit card accordingly.  Your charge will be authorized and charged at the time you order.  Electorate reserves the right to change its features and services, fees, terms of sale, or billing methods at any time. We will provide timely notice to the affected Users of any such changes. You agree to provide Electorate with truthful and accurate contact and billing information.  The terms and conditions of specific services are disclosed on our Site and you agree to such terms and conditions when you place your order.  All charges for services are made on a one-time, non-recurring basis and are non-refundable except in the case where the service purchase cannot be completed within 5 or more business days due to technical or other difficulties.  

6.      Movements.Us.

Movements.Us provides an online service that allows logged in Site Users to start “public” or "private" grassroots advocacy campaigns (movements) and that provide access to a full range of advocacy tools to: deliver messages by email, fax, letter, and telephone to elected officials at all levels of government; visualize the impact of the movement with analytics and geospatial representations; post articles and videos; create events and volunteer opportunities; manage grassroots leaders and recruiters; and encourage the public to join the movement within the movement page, through social sharing options, and through targeted pay-per-click advertising.  When a User starts a new public movement (or a private movement and elects to enable this feature), Electorate.Me "pays it forward" by giving the user a credit to their account of a few dollars to cover the initial cost of advertising, advocacy, communication, hosting, or other services provided by and through Electorate.Me's system.  This credit is logged to a specific movement balance and the balance is decreased by the retail amount of the transaction when the movement creator uses any of Electorate.Me's services.   A User may also "pay it forward" to provide similar credits to future Users who join the movement to similarly cover their costs of using the provided services.  If the User elects to "pay it forward", the movement balance is increased by the amount paid less credit card fees and the Movements.Us service fee and the User's credit card is charged in full for the credit specified.  The cost of services for subsequent Users who join the movement and choose to use Electorate.me's services will be matched against the available credit balance from previous Users and the balance will be debited to cover the cost of these services.  These Users are once again given the option to pay it forward to continue the process for future Users but no User is ever required to pay it forward in order to use these services.  If however, a sufficient movement balance does not exist for a User to use Electorate.me's services for free, that User will be presented with retail pricing options to cover the cost of the transaction.  No refunds of amounts paid for service, whether for advertising services, advocacy message delivery service, communications, hosting, other services, or for credits for other Users, will be accepted once such services have been provided and credits used.  All movements will be reviewed after 90 days of inactivity and movement creators will be notified that their movement is inactive and will be prompted with the options to take some action to activate it or end their movement by "archiving" it.  When a movement is archived, the outstanding movement’s balance that has not been matched as gifts to other Users, less any unpaid outstanding charges or fees, will be returned to the Users who paid it forward on a Last In First Out basis until the balance reaches $0.  "Private” movements can be funded by the Site User that creates the "private" movement by payment of a monthly service for their member’s use of the Movements.us advocacy tools at the rates as set forth from time to time by Electorate.  As part of the private movement set-up process, a deposit shall be paid to Electorate that will be applied to future charges as incurred and the Site User may set a monthly maximum charge to limit monthly fees.  Additional bespoke services are available for "private" movement customization.  Electorate shall send invoices electronically to such Site User for the service fee, any usage fees, and bespoke services fees.  Invoices are due and payable upon receipt and service may be suspended in the case where payment is not made on a timely basis.

 7.      User’s Responsibilities and Acknowledgements.

As an Electorate.me User you are obligated to read this Agreement and our Privacy Policy before you register on our Site, utilize our Services, or provide any information to us.  You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future.  You acknowledge and agree that individuals that provide comments on the Site are solely responsible for the content of their postings and that Electorate has not and does not approve or otherwise endorse such postings. 

8.      Restricted Activities.

You are prohibited from any use of the Site, its contents, or its Services that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability.  You may only be a member of one country, one state, one county, one city, and one school district at a time and may not join a community on the Site in which you do not legally reside. Your information and activities on or through the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or use curse words or profanity; (f) contain any pornography or obscene materials, or viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (g)  create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.  Inappropriate use of the Site’s flagging system in an effort to suppress free speech or otherwise interfere with other User’s use of the Site is prohibited and may result in account termination.  You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content or User information without the prior expressed written permission of Electorate and the appropriate third party, as applicable.  You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.  

9.      Access and Interference.

You agree that you will not use any robot, spider, botnets, scraper or other automated means to access the Site for any purpose without our express written permission.  Additionally, you agree that you will not:  (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers, including without limitation, deep linking into our site; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content (other than content you have solely created) without the prior expressed written permission of Electorate.me and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site.  If any hostnames are used as command and control points for robots, spiders, botnets, or scrapers, Electorate reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

10.  Breach.

Without limiting other remedies, we may limit your activity, delete or refuse your postings, issue a warning, temporarily suspend, indefinitely suspend or terminate your access and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us.  We can also terminate this Agreement and your content and access to the Site at any time, with or without cause.  

11.  Privacy.

We only use and disclose your information as described in our Privacy Policy.  Our current Privacy Policy is available at http://www.electorate.me/pages/privacy-policy.  Electorate may change the Privacy Policy in the future.  You should check the Privacy Policy frequently for changes.

12.    Links to Third Party Sites.

There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, Electorate.  Such links do not necessarily constitute an endorsement by Electorate of those sites.  Electorate undertakes no obligation to monitor such sites, and you agree that Electorate is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, links or usage.

13.    Intellectual Property.

The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws. If you post a comment on the Site, you grant Electorate a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Electorate or its affiliates for all claims resulting from content you supply. Electorate has the right but not the obligation to monitor and/or remove any content on the Site.

14.    DMCA Policy

Electorate takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us.  In accordance with the Digital Millennium Copyright Act ("DMCA"), Electorate has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent by sending an email to [email protected]

The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information: 

  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit Electorate to locate the material;
  • Your contact information, including your mailing address, telephone number, and email address;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

15.    Email Policy.

Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email.  

16.    SMS Short Code Policy.

A. When you opt-in to the service, we will send you an SMS message to confirm your signup.

B. You can cancel the SMS service at any time. Just text "STOP" to 35353. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

C. If at any time you forget what keywords are supported, just text "HELP" to 35353.  After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

D. We are able to deliver messages to the following mobile phone carriers:

Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.

Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

E. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive 1 message per request. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to [email protected] 

F. If you have any questions regarding privacy, please read our privacy policy

17.    Disclaimer of Warranties.

WE, OUR MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.  This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT.  WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ELECTORATE.  ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT.  TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ELECTORATE DISCLAIMS ANY AND ALL SUCH WARRANTIES.

18.    General Release.

IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE ELECTORATE.ME LLC, ITS MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.  YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”  YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY ELECTORATE.

19.  Limitation of Liability.

IN NO EVENT SHALL WE, OUR MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE SITE.  OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100.  IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT ELECTORATE'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

20.  Indemnity.

You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim or claim of defamation, arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law.  You further agree that you will cooperate fully in the defense of any such claims. Electorate reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Electorate. You further agree to indemnify and hold harmless Electorate from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

21.  Dispute Resolution.

You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving Electorate and for the collection by Electorate of amounts due for services provided, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted exclusively in Leesburg, Virginia and the judgment on the arbitration award may be entered in any court having jurisdiction thereof.  Either you or Electorate may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Loudoun County, Virginia necessary to protect the rights or property of you or Electorate pending the completion of arbitration.

22.  Licenses.

Electorate grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement.  This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, or any data extraction or data mining whatsoever.  You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site. 

23.  Waiver.

Failure by Electorate to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

24.  Right to Change this Agreement.

Electorate reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion.  Any changes will be effective upon the posting of the changes on the Site.  You are responsible for reviewing the changes.  Changes to referenced policies and guidelines may be posted without notice to you.  Your continued use of this Site and the Services following Electorate’s posting of any changes will constitute your acceptance of such changes or modifications.  If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.

25.  General Provisions.

This is the entire Agreement governing the use of the Electorate Site.  No delay by either party shall waive rights under this Agreement.  This Agreement is governed by, and to be construed in accordance with, the laws of the Commonwealth of Virginia, without regard to that state’s conflict of laws provisions.  By using the Site you expressly and irrevocably agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in Loudoun County, Virginia. In the event of non-payment by a Site User of any amounts due, Electorate shall be entitled to recoup all of its costs of collection, including but not limited to attorneys fees, court costs and interest at the rate of 18% per annum.  .No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties.  If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Electorate in accordance with applicable law and the remainder of the Agreement shall remain in full force. 

26.  Contact Electorate.me.

Except as explicitly stated otherwise, any notices to Electorate shall be given by postal mail to Electorate.me, LLC, 202 Church ST SE, Suite 513, Leesburg, VA 20175 (in the case of Electorate).  You agree that you will notify Electorate in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give Electorate a reasonable period of time to address it before bringing any arbitration or legal action.