Last Updated: August 1, 2020
ACCEPTANCE OF TERMS AND CONDITIONS
A User of the App becomes a Member (“Member”) of the App once the User signs up for a membership account with Guard My Vote. Members can access all the features of the App.
This Agreement sets forth the terms and conditions that apply to both Users and Members of the App and the Site. By using the App and/or Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof.
If you have any questions about these terms, contact Guard My Vote.
INFORMATION ABOUT VOTING RIGHTS AND DISPLAYING IMAGES
Guard My Vote uses public information regarding voting issues, voting places, and other information regarding voting. This information may be gathered from Secretary of State sites, local, city, state and federal government sites, and other third-party sites. While Guard My Vote makes all attempts to display accurate information, Guard My Vote cannot guarantee the information is accurate or that the information hasn’t changed since Guard My Vote received it. Please check with the government entity that handles elections in your state for the most accurate information.
By using the App, you will have the option to display pictures, videos and other information about yourself and your voting experience. It is your responsibility to adhere to all laws in your state regarding photography of your ballot, polling locations, or anywhere else that election laws apply. If your state does not allow photography/video of a ballot, at polling locations or other areas (i.e. where ballots are counted), you are not allowed to upload such images/videos to the App. Further, such images/videos may be deleted if requested by local officials.
- Use. Guard My Vote is a mobile application where you can both provide and receive information about voting, elections, and day of election coverage. The App shows information that you and other Members share including information at the conditions at polling locations, issues with voter suppression, and reports on other voting issues. Information submitted through the App may also be displayed on the Site. Users who do not create an account can browse the Site, but may not be able to display the full content available to Members.
- Users. Guard My Vote welcomes Users who are 18 years of age and older. No one under the age of 18 may become a Member.
- Participating Member. In order to use the App, you will be required to provide your email address and zip code to create an account. You may also be asked for your name, voter registration status, political party affiliation, race, gender identity, age, and whether you are a first time voter.
- Member Liability. YOU AGREE AND ACKNOWLEDGE THAT THE SERVICES OFFERED BY GUARD MY VOTE ARE FOR INFORMATIONAL PURPOSES ONLY. YOU AGREE AND ACKNOWLEDGE THAT ALL INFORMATION THAT IS NOT GUARANTEED FOR ACCURACY. YOU ACKNOWLEDGE AND AGREE TO RELEASE AND HOLD HARMLESS GUARD MY VOTE FOR ANY DAMAGES, INCLUDING PHYSICAL, MENTAL, OR MONETARY DAMAGES SUFFERED BY YOU. THE ONLY REMEDY FOR ANY DAMAGES IS THROUGH THE MEMBER THAT PROVIDED SERVICES TO YOU.
- Voting Incidents. Guard My Vote displays information from Members regarding voter suppression, polling place incidents, and other information about the voting process. As this information is uploaded by third parties and not Guard My Vote, Guard My Vote cannot guarantee the accuracy of such information.
- Membership Features. Guard My Vote shall have the right at any time to change or discontinue any aspect or feature of Guard My Vote, including, but not limited to: the type of services available, the Members available, the fees to use the Site and/or App, the types of forums on the App, the length of time content is available, the ability to remove User Content, and the equipment or software needed for access or use of the App and/or Site. Guard My Vote may discontinue or eliminate features on the App, change or eliminate any transmission method of Member benefits, and/or change transmission speeds or other signal characteristics on the App. Further, Guard My Vote may request additional information at any time by Members to update or enhance Member benefits or to enhance the benefits and/or use of the App.
- Registration Data; Account Security. In consideration of your use of the App, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the App ("Registration Data"); (b) maintain the security of your password and identification or, if you release your account information to a third party, be responsible for all actions on your account done by that third party; (c) maintain and promptly update the Registration Data, and any other information you provide to Guard My Vote, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. If you believe that the security of your account has been compromised in any manner, please contact us immediately.
- Membership. While Users may browse many areas of the App and the Site, to access the some of features of the App, you must have an account on the App (“Membership”).
- Termination by Guard My Vote. Guard My Vote may terminate this Agreement at any time. Without limiting the foregoing, Guard My Vote shall have the right to immediately terminate membership of any Member or accounts of any User in the event of any conduct by that person that Guard My Vote, in its sole discretion, considers to be unacceptable, or in the event of any breach by User or Member of this Agreement. Guard My Vote may terminate your membership, delete any content or information that you have posted on the App, and/or prohibit you from using or accessing the App and/or Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have created an account and are under the age of 18.
- Termination by Member. Member may terminate their Membership by deleting their account.
- Payment of Fees. Should Guard My Vote charge any fees for the App or services, all fees are non-refundable even if you terminate this Agreement.
USE OF APP AND/OR SITE
- Monitoring. Guard My Vote shall have the right to monitor the content of the App and/or Site at all times, including viewing of any personal information in a Member’s account on the App and/or Site, to determine compliance with this Agreement and any operating rules established by Guard My Vote, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Guard My Vote shall have the right to remove any material that Guard My Vote, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable including, but not limited to, reviews of Members or information posted in forums.
UPTIME AND EQUIPMENT
- Security and Uptime. You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of Guard My Vote. While Guard My Vote makes reasonable precautions against loss or theft of data, Guard My Vote shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is Guard My Vote’s objective to make the App and/or Site accessible 24 hours per day, 7 days per week, the App and/or Site may be unavailable at any time for any reason including, without limitation, routine maintenance. Therefore, it is your responsibility to keep copies of any data you upload to the App and/or Site.
- Equipment. You are responsible for obtaining and maintaining all internet connections, computer hardware, printers, and other equipment needed for access to and use of the App and/or Site, to use the booking features, including purchasing any software necessary to view or use parts of the App and/or Site. You are responsible for all charges related to the obtaining and maintaining of that equipment, including any charges for software or charges to access the Internet. Guard My Vote shall not be liable for any damages to User's equipment resulting from the use of the App and/or Site.
- Trademarks. Guard My Vote and GuardMyVote.com are trademarks of Guard My Vote, LLC. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Guard My Vote are the property of their respective owners. Trademarks that are located on the App and/or Site shall not be deemed to be in the public domain but rather the exclusive property of Guard My Vote, LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Guard My Vote, unless otherwise stated.
- Copyright, Trademark, and Intellectual Property Complaints. Guard My Vote respects the intellectual property rights of others. Guard My Vote prohibits Users from uploading, posting, or otherwise transmitting on the App and/or Site any materials that violate another party's intellectual property rights. When Guard My Vote receives proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, Guard My Vote promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another’s rights as described herein in accordance with the Digital Millennium Copyright Act. Guard My Vote may, at its sole discretion, terminate Users and/or Members who are deemed by Guard My Vote to be have committed copyright infringement, whether or not there is any repeat infringement.
THIRD PARTY SITES
- Third Party Websites and Content. The App and/or Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the "Third Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Guard My Vote. Guard My Vote is not responsible for any Third-Party Sites accessed through the App and/or Site or any content posted by any Users on the App and/or Site or any Third-Party Sites regarding Guard My Vote. If you decide to leave the App and/or Site and access the Third-Party Sites, you do so at your own risk and you should be aware that Guard My Vote’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the App and/or Site.
- Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of Guard My Vote. Neither Guard My Vote nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
- Disclaimer of Warranty; Limitation of Liability. USER EXPRESSLY AGREES THAT USE OF THE APP AND/OR SITE IS AT USER'S SOLE RISK. IN NO EVENT WILL GUARD MY VOTE OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP OR SITE OR RESULTING FROM THE USE OF SERVICES FROM ANY MEMBER OF THE APP AND/OR SITE. NEITHER GUARD MY VOTE, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, MEMBERS, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE APP AND/OR APP AND/OR SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APP OR APP AND/OR SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THE APP OR APP AND/OR SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF THE APP OR APP AND/OR SITE. USER SPECIFICALLY ACKNOWLEDGES THAT GUARD MY VOTE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THAT USER AND/OR THIRD PARTY. IN NO EVENT SHALL GUARD MY VOTE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE APP OR APP AND/OR SITE OR THE CONTENTS OF THE APP OR APP AND/OR SITE, INCLUDING ANY SOFTWARE THAT YOU DOWNLOAD FROM THE APP AND/OR SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP OR APP AND/OR SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APP OR APP AND/OR SITE.
- No Liability of Partners. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER GUARD MY VOTE, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE APP OR APP AND/OR SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION INJURIES, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
- As-Is Basis. MEMBERSHIP IN GUARD MY VOTE AND THE USE OF THE APP OR APP AND/OR SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- No Responsibility for User Content. GUARD MY VOTE IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, A MEMBER, OR AN UNAUTHORIZED USER MAY POST ON THE APP OR APP AND/OR SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY GUARD MY VOTE. MOREOVER, GUARD MY VOTE RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT GUARD MY VOTE DEEMS UNSUITABLE, INCLUDING CONTENT POSTED BY MEMBERS FOR USE IN HIS OR HER PROFILE AND/OR ON THE MEMBER’S FORUMS. BY USE OF THE APP OR APP AND/OR SITE, USER AGREES THAT HIS OR HER CONTENT MAY BE REMOVED ANYTIME BY GUARD MY VOTE.
- Limitation of Liability. GUARD MY VOTE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO GUARD MY VOTE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM GUARD MY VOTE, REGARDLESS OF THE CAUSE OF ACTION.
- State Law Limitations. 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Waiver. The waiver by Guard My Vote of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by Guard My Vote.
- Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
- Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, you agree that should Guard My Vote prevail, you will reimburse Guard My Vote’s reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection.
- Indemnity. You agree to indemnify and hold Guard My Vote, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any use of the App and/or Site, your conduct in connection with the App and/or Site, or with other Users of the App and/or Site, or any violation of this Agreement or of any law or the rights of any third party.
- Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.