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PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, MOBILE APPLICATION OR OTHER DIGITAL OR ONLINE APPLICATION OR SERVICE LINKED HERETO, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE, MOBILE APPLICATION OR OTHER DIGITAL OR ONLINE APPLICATION OR SERVICE.
This website, mobile application or other digital or online application or service is operated by Nella for Senate. (“Nella”, “we,” “us” or “our”). These Terms of Service apply solely to your access to, and use of, the www.nellaforsenate.com operated by us and other of our websites, mobile applications, or digital or online applications or services which link to these Terms of Service (collectively, the “Sites”). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with us.
We reserve the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of the Sites at any time and in our sole discretion. Any changes or modification to the terms and conditions will take effect immediately upon posting of the revisions on the Sites. You waive any right you may have to receive specific notice of such changes or modifications; your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.
All questions or comments about the Sites or site content should be directed to info@nellaforsenate.com.
PRIVACY POLICY.
Please refer to our Privacy Policy for information on how we collect, use and disclose information obtained from users of the Sites.
CONTRIBUTION POLICY.
All contributions to Nella through the Sites must be made from a contributor’s own funds, not funds provided to the contributor by another person, and using a personal credit card, not a corporate credit card. Contributions may not be made by any federal government contractor, foreign national lacking permanent-resident status in the United States, or using the general treasury funds of a corporation, labor organization or national bank. Contributions to Nella are not deductible for federal income tax purposes. Funds received in response to any solicitation will be subject to federal contribution limits and source prohibitions. Federal law requires us to use our best efforts to collect and report the name, mailing address, occupation, and name of employer of individuals whose contributions aggregate in excess of $200 per election cycle. All contributions to Nella are final. Refunds and cancellations may be given at the sole discretion of Nella. If you believe that an error has been made in connection with your online contribution, contact us at info@nellaforsenate.com We will endeavor to work with you to correct any such error.
MOBILE MESSAGING.
If you request to receive updates or other information by mobile phone or text message (the “SMS Service”) through the Sites, you expressly consent to receiving via your mobile device text messages, including text messages (a) sent by an automatic telephone dialing system, (b) that include pre-recorded voice, and/or (c) that include automated voice, in each case from us or a third-party contractor we have retained for their expertise in initiating and transmitting text messages. We do not charge for this SMS Service; however, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations, and all subsequent SMS correspondence and/or transmissions. At any time, you may text STOP to cancel or HELP for customer support information.
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By entering your phone number and selecting to opt in, you consent to join a recurring SMS/MMS text messaging program that will provide alerts, donation requests, updates, and other important information. By participating, you agree to the terms & privacy policy for auto dialed messages from Nella for Senate to the phone number you provide. No consent is required to buy. Msg&data rates may apply.
COPYRIGHT AND LIMITED LICENSE.
Unless otherwise indicated on the Sites, the Sites and all content and other materials thereon, including, without limitation, our logos, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Nella or its licensors or users and are protected by copyright laws. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (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 Sites and the Site Materials, 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 Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein without our prior written permission is strictly prohibited and will terminate the limited license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications statutes and regulations.
REPEAT INFRINGER POLICY. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating subscribers or account holders who are deemed to be repeat infringers, in appropriate circumstances as determined by us in our sole discretion. We may also, in our sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
LINKS TO THIRD-PARTY SITES. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of third-party Web sites that may be accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We may provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies will no longer govern your activity. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Sites.
THIRD-PARTY CONTENT. We may make third party information and other content available on or through the Sites (the “Third Party Content”) as a service to those interested in this information, and we may provide information regarding or access to third party products or services available on or through the Sites (“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. We do not control, endorse or adopt any Third Party Content or Third Party Products, and we make no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review any Third Party Content. Users use such Third Party Content contained in Third Party Products at their own risk.
SUBMISSIONS. You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or Nella that are provided by you in the form of email or other submissions to us, or any postings on the Sites, are non-confidential and shall become the sole property of Nella. We 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.
USER CONTENT AND INTERACTIVE AREAS. The Sites may include interactive areas or services (“Interactive Areas”), such as forums, blogs, chat rooms or message boards, or other 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 Sites (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By posting User Content, 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 Sites; (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 of Service and will not violate any rights of or cause injury to any person or entity.
By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish to or through the Sites any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, discriminatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
User Content that 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;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, advertising, or solicitations;
Private or personally identifying information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; or
User Content that, in the sole judgment of Nella, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Nella or its users to any harm or liability of any type.
We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity or other objectionable content you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at our 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 Sites will not contain any content that is prohibited by such rules.
Except as otherwise provided, you retain ownership of all User Content you post on the Sites. However, if you post User Content to the Sites, unless we indicate otherwise, you grant to us and our 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 without any right of compensation or attribution.
REGISTRATION DATA; ACCOUNT SECURITY. In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
INDEMNIFICATION. You agree to defend, indemnify and hold harmless Nella, its affiliated organizations, its independent contractors, service providers and consultants, and their respective directors, employees and agents, 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 Sites, your use of the Interactive Areas, or any act or omission relating to the Sites or the User Content, including without limitation any actual or threatened suit, demand or claim made against Nella and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Service or your violation of the rights of any third party.
DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Nella 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 SITE. Nella DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. USE OF THE SITES IS AT YOUR SOLE RISK.
Nella IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE Nella ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, Nella CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, 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.
Nella DOES not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
LIMITATION OF LIABILITY. IN NO EVENT SHALL Nella OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Nella, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Nella;s RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Nella, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Nella FOR ACCESS TO OR USE OF THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
AGREEMENT TO ARBITRATE DISPUTES. Any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by either you or Nella against the other arising from, relating to or in any way concerning the Terms of Service, Privacy Policy, or anything you receive from us (or from any advertising) must, at the demand of either party, be submitted to and determined by binding and confidential arbitration in South Paul, MN, before a single arbitrator. To the extent issues of state law are implicated, the laws of the state of MN shall apply without reference to such state’s choice of law provisions that could require the application of another jurisdiction’s substantive laws. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures in effect at the time of the arbitration and in accordance with the Expedited Procedures in those Rules. This agreement to arbitrate also includes: (i) Claims relating to the enforceability or interpretation of any of these arbitration provisions; (ii) Claims that relate directly to Nella and/or its affiliates, successors, assignees, employees, agents, or independent contractors; and (iv) Claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to by you and Nella that the arbitration of such claims must proceed on an individual (non-class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis. The parties shall maintain the confidential nature of the arbitration proceedings and award, including the hearing, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or enforcement of the award, or unless otherwise required by law or judicial decision. Judgment upon the award rendered by an arbitrator hereunder may be entered in any court having jurisdiction.
YOU AND Nella HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT YOU HAVE TO A JURY TRIAL, OR AN APPEAL TO A STATE OR FEDERAL COURT OF APPEAL, WITH REGARD TO ANY DISPUTE ARISING UNDER, RELATING TO, OR IN CONNECTION WITH THE Terms of Service, Privacy Policy, or anything you receive from us (or from any advertising). ALL SUCH DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION AND NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.
TERMINATION. Notwithstanding any of these Terms of Service, at all times we reserve the right, without notice and in our sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
SEVERABILITY. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions.