AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local Laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the website(s) or mobile application.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
Users shall have the option to make a monetary contribution to support (a “Support Contribution”) or oppose (an “Oppose Contribution”) certain Eligible Bills. A “Contribution” means either a Support Contribution or an Oppose Contribution. CivX shall deduct an administration fee equal to 10% of the amount of each Contribution (the “CivX Admin Fee”) and Users shall be charged a fixed processing fee equal to $0.30 per Contribution, which shall be in addition to the Contribution. The CivX Admin Fee shall be deducted at the time a Contribution is made and all Contributions shall be non-refundable.
In connection with each Eligible Bill, all associated Support Contributions shall be pooled together and separately earmarked (the “Support Pool”) and all associated Oppose Contributions shall be pooled together and separately earmarked (the “Oppose Pool”). Upon the occurrence of a Voting Event, the following shall occur: (i) an amount equal to the Support Pool minus corresponding CivX Admin Fee(s) (the “Net Support Funds”), if any, shall be disbursed equally to Running Members that voted “Yea” for the passage of the Eligible Bill and (ii) an amount equal to the Oppose Pool minus corresponding CivX Admin Fee(s) (the “Net Oppose Funds”), if any, shall be disbursed equally to Running Members that voted “Nay” for the passage of the Eligible Bill.
To the extent a Voting Event for an Eligible Bill does not occur by the Voting Deadline, any corresponding Net Support Funds and Net Oppose Funds shall be disbursed to certain default recipients (collectively, the “Default Recipients”) according to the following parameters (the “Default Conditions”): (A) if a Partial Voting Event has occurred, the Net Support Funds, if any, shall be disbursed equally to Running Members from the Originating Congress Chamber that voted “Yea” for the passage of the Eligible Bill and the Net Oppose Funds, if any, shall be disbursed equally to Running Members from the Originating Congress Chamber that voted “Nay” for the passage of the Eligible Bill, or (B) if a Partial Voting Event has not occurred, the Net Support Funds, if any, shall be disbursed equally to (i) the original sponsor(s) and co-sponsor(s) that introduced the Eligible Bill and (ii) any Committee Members involved with any Committee Action in support of the Eligible Bill, and the Net Oppose Funds, if any, shall be disbursed equally to (i) any Committee Members involved with any Committee Action in opposition of the Eligible Bill or, (ii) if there has been no Committee Action, the National Campaign Committees. A “Disbursement” shall mean any disbursement of Net Support Funds or Net Oppose funds to Running Members and/or Default Recipients in connection with a particular Eligible Bill.
Following a Voting Event or the occurrence of the Default Conditions, any applicable Disbursements shall be made to the extent the Per Candidate Disbursement exceeds the Per Candidate Disbursement Threshold. To the extent the Per Candidate Disbursement is less than the Per Candidate Disbursement Threshold, such Per Candidate Disbursement shall be deemed to be pledged towards each corresponding Running Member and/or Default Recipient (“Pledged Candidate Amounts”) and pooled together until such Pledged Candidate Amounts exceed the Per Candidate Disbursement Threshold, at which point such Pledged Candidate Amounts become Disbursements. Any Pledged Candidate Amounts that remain below the Per Candidate Distribution Threshold following the Voting Deadline shall be carried over to the next session of Congress.
All Disbursements are facilitated by National CivX, a nonconnected political action committee associated with CivX. National CivX shall use best efforts to make Disbursements on a quarterly basis, but under no circumstances shall Disbursements be made more than 10 calendar days following the Voting Deadline. During each Active Session of Congress, the aggregate Per Candidate Disbursements corresponding to each Running Member shall not exceed (i) $2,800 through the occurrence of any associated primary election (the “Primary Election Contribution Limit”), (ii) $2,800 between the occurrence of any associated primary election and the general election (the “General Election Contribution Limit”) and (iii) $2,800 between the occurrence of the general election and any associated runoff election (the “Runoff Election Contribution Limit”). In the event the aggregate Per Candidate Disbursements corresponding to any Running Member exceed the sum of the Primary Election Contribution Limit plus the General Election Contribution Limit plus the Runoff Election Contribution Limit (collectively, the “Active Congress Session Limit”), amounts above the Active Congress Session Limit shall be considered to be Pledged Candidate Amounts and carried over to the next session of Congress.
For the avoidance of doubt and by way of example, to the extent a User makes a $10.00 Contribution, such User shall be charged $10.30 and then: (i) $1.00 in connection with the CivX Admin Fee shall be payable to CivX, (ii) $0.30 shall be paid to CivX’s third-party payment processor and (iii) $9.00 shall remain in the bank account associated with National CivX. All Disbursements shall me made to the authorized committee associated with each applicable Running Member and/or Default Recipient. Per IRS Section 6113, all contributions made on CivX are not tax deductible.
The “Active Session of Congress” represents the current session of Congress.
“Committee Action” shall be defined as any formal voting activity by Committee Members.
“Committee Members” shall include any Running Members that participate in any committee and/or subcommittee assigned to take action on the Eligible Bill.
The “Congressional Election” represents the general election for members of the House of Representatives (the “House”) and the Senate.
“Elected Seats” represent all 535 elected seats of Congress within the House and the Senate.
“Eligible Bills” shall include any docketed Bills and Joint Resolutions displayed on CivX within the Featured Bills category, selections for which are made at the discretion of CivX. “Bills” include legislation designated by the letters “H.R.” or “S.” in the Congressional docket. “Joint Resolutions” include legislation designated by the letters “H.J.Res.” or “S.J.Res.” in the Congressional docket.
“Incumbent Members” include members of Congress currently holding a Reelection Seat.
The “National Campaign Committees” shall be comprised of the Democratic Congressional Campaign Committee (DCCC), the National Republican Congressional Committee (NRCC), the National Republican Senatorial Committee (NRSC) and the Democratic Senatorial Campaign Committee (DSCC).
A “Partial Voting Event” occurs when an Eligible Bill is formally voted upon and passed in either the House or the Senate, but not both (either, the “Originating Congress Chamber”).
The “Per Candidate Disbursement” represents the equal share of any Disbursement for a particular Eligible Bill attributable to (i) each applicable Running Member upon the occurrence of a Voting Event by the Voting Deadline or (ii) each applicable Default Recipient, as the case may be.
The “Per Candidate Disbursement Threshold” is equal to $0.01.
A “Reelection Seat” is an Elected Seat that is up for reelection during the next upcoming Congressional Election.
“Running Members” are defined as Incumbent Members running for reelection during the next upcoming Congressional Election.
The “Voting Deadline” shall be September 30th in the second year of the Active Session of Congress.
A “Voting Event” occurs when an Eligible Bill is (i) voted upon by the full House and passed and (ii) voted upon by the full Senate (the “Senate”) and passed, at which point such Eligible Bill is sent to the President of the United States for consideration.
INFORMATION COLLECTION BY CIVX FOR CONTRIBUTIONS
As per guidelines set forth by the Federal Election Commission (FEC), CivX is required to collect certain personal information from Users, and Users agree to provide the following personal information according to the following parameters:
(A) In connection with Contributions exceeding $50 by a User during the calendar year (either from a single Contribution or when aggregated with all other previous Contributions during the same calendar year), such User must provide their full name and address prior to being allowed to proceed.
(B) In connection with Contributions exceeding $200 by a User during the calendar year (either from a single Contribution or when aggregated with all other previous Contributions during the same calendar year), such User must provide their (i) full name and address and (ii) occupation and name of employer, prior to being allowed to proceed.
CivX does not share this information with any entity other than the Federal Election Commission.
PAYMENT OF CONTRIBUTIONS
CivX accepts the following forms of payment:
You agree to provide current, complete, and accurate contribution and account information for all contributions made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
You agree to pay all charges in effect for your contributions and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any Contribution made through the Site. We may, in our sole discretion, limit or cancel quantities contributed per person, per household, or per order. These restrictions may include Contributions placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit Contributions that, in our sole judgment, appear to be placed by dealers, reseller, distributors, and/or foreign nationals.
All sales are final and no refunds will be issued.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Make improper use of our support services or submit false reports of abuse or misconduct.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.',
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active Information collection or transmission mechanism, including without limitation graphics, gifs, 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms” or ”pcms").
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.
As per the Federal Election Campaign Act, Federal us Code Title 52 Section 30121, non-US citizens are forbidden from using the Donate feature on any CivX platform.
MOBILE APPLICATION LICENSE
Apple and Android Devices
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Crowdsourcing Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Crowdsourcing Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Crowdsourcing Offerings.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAP Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States Summit County, Colorado. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning Informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be Information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Crowdsourcing Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM All WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILTIY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND All PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE CONTRIBUTION OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Data collected by CivX includes geo-location, device signatures, and information provided by users to meet the requirements of Federal Election Commission.
Users may request deletion of their data by sending an email request to email@example.com.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: