TERMS OF SERVICE
Welcome to pollhero.org, the website and online service of The Poll Hero Project, a service of The Overview, LLC (“The Poll Hero Project,” “Poll Hero”, “The Overview, LLC”, “The Overview”, “we,” “our” or “us”). We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully. Here are a few highlights:
The Poll Hero Project website and services (collectively, the “Services”) are made available to you by The Poll Hero Project. Incorporated into these Terms of Service are both the Release and Waiver and The Poll Hero Project Privacy Policy (collectively the “Terms”). Be sure to review all of these documents as they are legally binding contracts which affect you. You agree to comply with these Terms and any The Poll Hero Project policies made available to you through your use of the Services. By accessing, using, uploading or downloading any information or materials to or from the Services, or by indicating your assent to these Terms by clicking “Sign up,” “Register,” or any similar mechanism, you are agreeing to these Terms. If you do not agree to the Terms, you cannot access or use the Services.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Terms of Use Agreement and to the collection and use of your information as set forth in The Poll Hero Project Privacy Policy, available at pollhero.org/privacy, whether or not you are a registered user of our Service.
You acknowledge that The Poll Hero Project does not conduct elections and is not a governmental organization or agency. You acknowledge that The Poll Hero Project is engaged in building awareness around issues related to democracy.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such cases, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and The Poll Hero Project are resolved, including a mandatory agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against The Poll Hero Project on an individual basis.
Registration and Accounts
The Services are intended solely for persons who are 13 years old or older. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your legal guardian is at least 18 years of age and has reviewed and agreed to these Terms.
To use some of the Services, you must register. Where registration is required, you agree to: (a) provide true, accurate, current and complete information about yourself (“Member Data”) and (b) maintain and promptly update the Member Data. You agree that The Poll Hero Project may use your Member Data to provide Services for which you have expressed interest and as otherwise set forth in these Terms. If you provide any information that is inaccurate or not current, or The Poll Hero Project has reasonable grounds to suspect that such information is inaccurate or not current, The Poll Hero Project has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
You accept sole responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account information. We cannot, however, guarantee absolute security of your information and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify The Poll Hero Project of any breach of security, and to accept all risks of unauthorized access to the Member Data and any other information or content you provide to The Poll Hero Project.
Account Deactivation
You may deactivate your account at any time by emailing us at info@pollhero.org. You may request deletion of your personally identifiable information by contacting us at info@pollhero.org.
Member Content and Conduct
You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with the Services. This license ends when you delete your Content or your account unless your Content has been shared with others, and they have not deleted it.
You understand that you, and not The Poll Hero Project, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. The Poll Hero Project may, in its sole discretion, screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable to The Poll Hero Project in its sole discretion. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Poll Hero Project be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that your relationship with The Poll Hero Project is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place The Poll Hero Project in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of The Poll Hero Project other than as set forth in the Privacy Policy, and The Poll Hero Project will not be liable for any use or disclosure of any Content you provide.
The Services may provide you with the option of making certain Content that you submit to the Services as private or available only to select users of the Services. If, upon submission of Content to the Services, you initially elect to mark such Content as private or available for a limited group of members, The Poll Hero Project will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of members, or later change such designation to allow such Content to be made publicly available, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy settings.
Conduct
The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Service, or assist or encourage any other party, to engage in any of the following “Prohibited Activities”:
Copying, framing or mirroring any part of the Services;
Accessing the Services to monitor its availability, performance or functionality;
Permitting any third party to access the Services;
Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of The Poll Hero Project internet protocol space;
Committing any act that may be harmful to minors;
Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
Collecting or harvesting any personally identifiable information, including account names and information about users of the Services, from the Services;
Using the Services for any commercial solicitation purposes;
Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
Submitting to the Services or to The Poll Hero Project any personally identifiable information, except as necessary for the establishment and operation of your account;
Submitting to the Services or to The Poll Hero Project any information that may be protected from disclosure by applicable law;
Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.
You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
You acknowledge, consent and agree that The Poll Hero Project may access, preserve and disclose your Member Data, Payment Method information and other Content as set forth in the Privacy Policy, or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of The Poll Hero Project, its members and the public. Subject to the foregoing, The Poll Hero Project will use reasonable efforts to maintain the confidentiality of your Member Data.
Third Parties
Third party services made available on the Services, including registering as a poll worker with an organization that conducts elections, are made and offered directly by the applicable third party. When you pursue any such service, you acknowledge that you are contracting directly with such third party and not with The Poll Hero Project. Your interaction with, or participation in promotions of, third parties found on or through the Services are solely between you and such third party. You are not obligated to use any third party that appears on the Services. YOU AGREE THAT THE POLL HERO PROJECT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS AVAILABLE THROUGH THE SERVICES.
The Poll Hero Project or third parties may provide links to other internet sites or resources through the Services. The Poll Hero Project does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that The Poll Hero Project is not responsible for the availability of such external sites or resources.
Proprietary Rights
The term The Poll Hero Project (or “Poll Hero”), The Poll Hero Project logo and other logos and service names are the exclusive trademarks of, and are owned by, The Overview, LLC, and you may not use or display such trademarks in any manner without prior written permission from The Poll Hero Project. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.
The Poll Hero Project reserves all rights not expressly granted hereunder.
Claims of Infringement
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. The Poll Hero Project also reviews claims of trademark infringement. If you believe in good faith that materials hosted by The Poll Hero Project infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow The Poll Hero Project to locate the material on the Services; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that The Poll Hero Project will not respond to complaints that do not meet these requirements. If The Poll Hero Project determines that the materials alleged to infringe your copyright or trademark rights do not require removal, The Poll Hero Project will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
Notices and counter-notices with respect to the Services must meet Then-current statutory requirements imposed by the DMCA (see http://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.
Agent to Receive Notices of Claimed Infringement:
The Poll Hero Project Copyright Agent
PO Box 40833
Denver, CO 80204
info@pollhero.org
DISCLAIMER OF WARRANTIES AND LIABILITY
THE INFORMATION, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. THE POLL HERO PROJECT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE POLL HERO PROJECT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT THE POLL HERO PROJECT IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE POLL HERO PROJECT.
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION POLL HERO ACTIVITIES OR OTHER ACTIVITIES DESCRIBED, ENCOURAGED, MADE POSSIBLE OR OTHERWISE BY THE SERVICES CARRY CERTAIN INHERENT RISKS AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF THE POLL HERO PROJECT, THIRD PARTIES CONNECTED TO YOUR USE OF THE SERVICES OR OTHERS.
YOU EXPRESSLY AGREE THAT THE POLL HERO PROJECT DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY ELECTION FACILITIES, ACTIVITIES OR LOCATIONS ASSOCIATED IN ANY WAY WITH THE SERVICES. ALL SUCH RESPONSIBILITIES RESIDE WITH LOCAL ELECTION OFFICIALS.
YOU EXPRESSLY AGREE TO RELEASE THE POLL HERO PROJECT, THE OVERVIEW, LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, VOLUNTEERS, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACTIVITIES AND/OR USE OF THE POLL HERO PROJECT SERVICES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, ILLNESS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF THE SERVICES, EQUIPMENT, PROGRAMS, OR CONTENT CREATED OR LICENSED BY THE POLL HERO PROJECT, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS, INCLUDING LOCAL ELECTION ORGANIZATIONS, OFFICIALS AND JURISDICTIONS CONNECTED TO THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE POLL HERO PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “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.”
THE POLL HERO PROJECT DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER MEMBER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.
THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50)..
Indemnity
You agree to indemnify and hold The Poll Hero Project and its subsidiaries, affiliates, officers, agents, representatives, employees, volunteers, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of, resulting from or relating to any claim, action or cause of action for infringement, misappropriation or violation of any patent, trademark, service mark, trade secret, know-how or other intellectual property right due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your violation of the Terms, and/or your violation of any rights of another person or entity. Your indemnification obligations include, without limitation, the obligation to pay any costs incurred by a Released Party with respect to an indemnified claim, including without limitation reasonable attorneys fees, court costs, and any damage award. In the event any Released Party is entitled to indemnification hereunder, you agree to pay any amounts due to a Released Party within 30 days of invoice, after which the Released Party is entitled to interest at 12% per annum and any costs of collection, including reasonable attorneys fees.
Dispute Resolution
Mandatory Arbitration
Except as prohibited by law, all disputes arising under or related to this Release and Waiver which cannot be resolved through negotiations between the parties shall be submitted to binding arbitration. If the parties fail to reach a settlement of their dispute within fifteen (15) days after the earliest date upon which one of the parties notified the other(s) of its desire to attempt to resolve the dispute, then the dispute shall be promptly submitted to arbitration by a single arbitrator through the Judicial Arbiter Group ("JAG"), any successor of the JAG, or any similar arbitration provider who can provide a former judge to conduct such arbitration if JAG is no longer in existence. If the parties are unable to agree upon the arbitrator, the arbiter shall be selected by the scheduling coordinator for JAG on the basis, if possible, of his or her expertise in the subject matter(s) of the dispute. The decision of the arbitrator shall be final, non-appealable and binding upon the parties, and it may be entered in any court of competent jurisdiction. The arbitration shall take place in Denver, Colorado. The arbitrator shall be bound by the laws of the State of Colorado applicable to the issues involved in the arbitration and all Colorado rules relating to the admissibility of evidence, including, without limitation, all relevant privileges and the attorney work product doctrine. All discovery shall be completed in accordance with the time limitations prescribed in the Colorado rules of civil procedure, unless otherwise agreed by the parties or ordered by the arbitrator on the basis of strict necessity adequately demonstrated by the party requesting an extension of time. The arbitrator shall have the power to grant equitable relief where applicable under Colorado law, and shall be entitled to make an award of punitive damages when applicable under Colorado law. The arbitrator shall issue a written opinion setting forth his or her decision and the reasons therefor within thirty (30) days after the arbitration proceeding is concluded. The obligation of the parties to submit any dispute arising under or related to this Release and Waiver to arbitration as provided in this Section shall survive the expiration or earlier termination of this Release and Waiver. Notwithstanding the foregoing, either party may seek and obtain an injunction or other appropriate relief from a court only to preserve or protect trademarks, trade names, copyrights, patents, trade secrets or other intellectual property or confidential information or to preserve the status quo with respect to any matter pending conclusion of the arbitration proceeding, but no such application to a court shall in any way be permitted to stay or otherwise impede the progress of the arbitration proceeding.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
Class-Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with The Poll Hero Project and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
United States Operation
The Services are controlled by The Poll Hero Project from its offices within the United States of America. The Poll Hero Project makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
Termination
You agree that The Poll Hero Project may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in The Poll Hero Project’s sole discretion and that The Poll Hero Project shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Member Content Submitted to the Services, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Applicable Laws and General. The Release and Waiver will survive termination of these Terms and Service.
General
You agree that no joint venture, partnership, employment or agency relationship exists between you and The Poll Hero Project as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and The Poll Hero Project with respect to your use of the Services. The failure of The Poll Hero Project to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of The Poll Hero Project. The Poll Hero Project has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. The Poll Hero Project’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Modification of the Terms and Services
The Poll Hero Project may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, text message, written or hard copy notice, or through posting of such notice on our website, as determined by The Poll Hero Project in our sole discretion. The Poll Hero Project reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification. The Poll Hero Project is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. The Poll Hero Project may, in its sole discretion, modify or update the Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Services.
The Poll Hero Project and its third party service providers may make improvements and/or changes in the Services, features, and programs described at any time and for any reason in its sole discretion. The Poll Hero Project reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that The Poll Hero Project shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Support and Questions
We will respond to any questions regarding the Services and these Terms via info@pollhero.org. We generally respond to support requests within 7 days after the request is placed.