eVoiceAmerica Data LLC /eVoiceAmerica.com
as of July 1, 2018
eVoiceAmerica Data LLC, doing business as www.evoiceamerica.com, owns and operates this website (hereafter, the “Site,”) which shall also include any other / future websites or services owned or operated by eVoiceAmerica Data LLC (hereinafter “eVoiceAmerica”) related to such operation, or any communications related to www.evoiceamerica.com. All references hereafter to eVoiceAmerica shall include eVoiceAmerica Data LLC and eVoiceAmerica.com, and, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of eVoiceAmerica.
By using the Site, you, the user of the Site (“you” or “user”), agree to the terms, conditions, and notices contained in this Terms and Conditions of Use Agreement (the “Agreement”) and all subsequent modifications hereto. eVoiceAmerica reserves the right, at its sole discretion, at any time, to change or modify the terms and conditions of this Agreement applicable to you, or any part thereof and to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately. Each time you use the Site, the terms and conditions set forth in this Agreement shall apply to such use. Users of the Site should periodically check for changes to this Agreement. Your continued use of the Site means you accept those changes.
Please e-mail any questions regarding this Agreement to email@example.com.
IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT ELIGIBLE TO USE THE PRODUCTS OR SERVICES PROVIDED BY THE SITE.
Children are not eligible to use eVoiceAmerica services and eVoiceAmerica asks that minors (under the age of 18) do not submit any personal information within Site’s interactive features. If a user is a minor, such a user can use this service only under the supervision of or in conjunction with their parents or guardians.
IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
EVOICEAMERICA RESERVES THE RIGHT TO REFUSE OR REVOKE SERVICE TO ANY USER AT ANY TIME.
EVOICEAMERICA SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR THE CONTENT OF THE SITE AND USE THEREOF TO DETERMINE COMPLIANCE WITH THIS AGREEMENT.
1. Intellectual Property. The Site and all of its content including, but not limited to, articles, text, photographs, illustrations, graphics, product names, designs, logos, videos, and audio clips (collectively, “the Intellectual Property”) are protected by US Patent No. 8,135,693, as well as copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled solely by eVoiceAmerica Data LLC. The compilation (meaning the collection, arrangement, and assembly) of all content of all components on the Site) is the exclusive property of eVoiceAmerica Data LLC and are protected by its U.S. patent and international copyright laws. All software used within the Site is the sole property of eVoiceAmerica Data LLC or is the property of third-party commercial software suppliers, contracted by eVoiceAmerica, and are subject to non-disclosure agreements with eVoiceAmerica.
Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Site (“Site Materials”) subject to the following conditions:
The copying, reproduction, republication, uploading, posting, transmission, or distribution for commercial or for-profit purposes of any Site Material or elements from the Site including, but not limited to, the design or layout of the Site, individual elements of the Site’s design, or the eVoiceAmerica logo, or other “Trademarks” or “Service Marks” as defined below, without the express written permission of eVoiceAmerica or other owners of the Intellectual Property, is strictly prohibited and is subject to any / all available legal remedies.
For purposes of this Agreement, the use of any Site Materials on any other website or networked computer environment is prohibited unless it conforms with the above terms. Permission to use eVoiceAmerica’s generic, take-action button to eVoiceAmerica’s home page must be obtained in writing from eVoiceAmerica.
2. User Submissions. Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Site by Users (“Submitted Materials”) are submitted with the express understanding that the Submitted Materials may be used without limitation by eVoiceAmerica or any of its affiliates, in whole or in part, for any purpose in perpetuity, including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media, including but not limited to in connection with television and/or radio broadcasts affiliated with eVoiceAmerica or content generated by Site’s affiliates. You additionally agree that eVoiceAmerica is free to use any ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on or via the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By submitting such Submitted Materials, you are conferring to eVoiceAmerica a perpetual, non-exclusive license to use the Submitted Materials for any and all purposes.
DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY OPINION TO CONGRESS OR OTHER PART OF THE SITE ACCESSIBLE TO USERS, INCLUDING YOUR TELEPHONE NUMBER, HOME, BUSINESS OR EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK.
BE ADVISED THAT YOUR EVOICEAMERICA USER NAME IS DISPLAYED WITH YOUR OPINION ON THE OPINION / COMMENTS SECTION OF EACH ISSUE UPON WHICH YOU OPINE TO GIVE CREDENCE THAT EACH OPINION IS PERSONALLY GENERATED.
3. Trademarks. The trademarks, logos, and service marks, including but not limited to eVoiceAmerica (collectively, the “Trademarks”), displayed on the Site are the trademarks of eVoiceAmerica and / or are authorized by other parties. All rights reserved. Nothing contained in the Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of eVoiceAmerica. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited. Any other trademarks appearing on eVoiceAmerica which are not the property of the Site, are the property of their respective owners.
4. User Responsibilities. Use of eVoiceAmerica’s services is free, including but not limited to: 1) registration, 2) obtaining your recurring Elected Representative List, 3) writing personal opinions 4) eVoting when submitting opinions to your elected representatives, 5) submitting your opinion to your designated elected representatives, 6) viewing Yes / No Issues Majority Percentage results on the issue submission and results pages; 7) voting within the “Would You Re-Elect Me Today?” feature; and 8) viewing the Yes / No Majority Percentage results within the “Would You Re-Elect Me Today?” feature; and 9) using the Information Portal.
4a. You agree that you will conduct yourself in a mature manner, known as civil discourse, and that you shall use eVoiceAmerica for lawful purposes only. Further, you agree not to use any facilities or resources available on or through eVoiceAmerica to perpetrate prohibited conduct, whether against eVoiceAmerica, or any other third party. Examples of prohibited conduct include, but are not limited to, chain letters; unauthorized copying of Submitted Materials, Site Materials or Intellectual Property; pornography; unsolicited advertising; postings which are deemed excessive in number or deemed to be initiated to harm the business of eVoiceAmerica; or other communication that creates a nuisance or is otherwise offensive to the recipient or to eVoiceAmerica, user community. You represent and warrant that Submitted Materials do not infringe any third-party intellectual property rights. You agree not to transmit 1) any unlawful, threatening, harassing, libelous, defamatory, obscene, vulgar, pornographic, or profane material; 2) any material submitted without permission under another person’s name, or 3) other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. You shall not, without the express written approval of eVoiceAmerica, submit any materials which contain advertising or any solicitation with respect to products or services, including any online information services which are competitive with eVoiceAmerica. The Site shall have the right, in its sole discretion, to edit or remove any material portion of Submitted Materials (including personal opinions to your elected representatives) which it finds to be in violation of the provisions of this agreement or is otherwise objectionable.
5. Subscriptions. Payment for the service or products, other than those listed in Paragraph 4, provided to you at and / or through this Site, may be made by automatic, recurring credit card charges or debit card charges and you hereby authorize eVoiceAmerica to transact such payments on your behalf upon completion of the subscription process.
6. Crowdfunding Contributors. You, as a contributor to eVoiceAmerica’s campaign(s), if any, are solely responsible for asking questions and investigating campaign owners/eVoiceAmerica, and its campaigns, to the extent you feel is necessary, before making a contribution. All contributions are made voluntarily and at the sole discretion and risk of the contributor.
6a. Contributors and Taxes. Contributors are solely responsible for determining how to treat their contributions and receipt of any perks for tax purposes.
8. Limits on Liability. You agree that at no time during or after the term of this Agreement shall eVoiceAmerica be liable for:
eVoiceAmerica may include links to other Internet sites, both related and unrelated to the Site. Additionally, other sites may not link to the Site without the express, written permission of eVoiceAmerica. All legal options available to Site will be pursued against any site or organization encouraging or recommending malicious action against eVoiceAmerica. Descriptions of or references to individuals, companies, products, services, or publications not owned by eVoiceAmerica on the Site or any linked website do not imply any endorsement of such individuals, companies, products, or publications by eVoiceAmerica. eVoiceAmerica shall not be liable for any damages or costs arising out of or in any way connected with your use or involvement with any of the individuals, companies, products, services, or publications accessed through the Site. Further, you agree that any actions taken by eVoiceAmerica to improve the user experience of the Site, including the removal of any Submitted Materials or occasional review of postings by individuals on the Site, shall not be deemed to constitute or create a duty by eVoiceAmerica to monitor the content thereof, nor shall it be deemed a basis for any liability by eVoiceAmerica in connection with Submitted Materials or otherwise without limitation.
9. Termination. In addition, and without prejudice to any other legal or equitable remedies available to eVoiceAmerica, eVoiceAmerica may terminate your right to use the Site, and/or receive its subscription daily data reports at any time and for any reason whatsoever. Subject to the “Survivability” provisions of Section 12, below, you may terminate this Agreement by closing your account with eVoiceAmerica or discontinuing your use of the Site.
10. Indemnification. You agree to indemnify and hold eVoiceAmerica, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of eVoiceAmerica harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any parts of the Site, Site Materials or related services or any information posted by you on the Site; (b) your use of any Submitted Materials, products or services offered by third parties through the Site, including without limitation any damage to any software or hardware as a result of any viruses; (c) your download and/or use of any of the software available for download through any part of the Site; (d) your alleged breach of this Agreement; (e) the suspension or termination of your Subscription(s) as provided in this Agreement; or (f) the deletion of your opinions based on civility standards (Section 16 herein) from the site or from delivery to your elected representatives.
11. You and eVoiceAmerica agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the AAA) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated, in their entirety, by reference into this section). The arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and eVoiceAmerica are each waiving the right to trial by jury and the right to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. For any disputes or actions not subject to arbitration, you and eVoiceAmerica agree to submit to the personal jurisdiction to any court of competent jurisdiction sitting within Ada County, Idaho, which will be the exclusive jurisdiction and venue for any applicable disputes or actions.
eVoiceAmerica makes no representation that content on any part of the Site is appropriate or available for use in other locations. Those who choose to access any part of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may contain references to products or services not available in all locations. eVoiceAmerica does not market all of its products or services in all countries. Software from any part of the Site may be subject to U.S. and Canadian export controls.
12. Disclaimer of Warranties. The information, material, services, and products (including the products and services offered through the Site and provided by third parties) included on any part of the Site may include inaccuracies, typographical errors, and other problems.
ALL OF THE SITE MATERIALS, CONTENT, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVOICEAMERICA DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVOICEAMERICA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVOICEAMERICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEBSITE AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, NEGLIGENCE, OR FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EVOICEAMERICA IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD-PARTY USERS OF EVOICEAMERICA OR ANY CLAIM FOR VIOLATION OF PUBLICITY OR PRIVACY RIGHTS.
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE FEATURE, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
13. Choice of Law, Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Idaho applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within the City of Boise, Ada County, will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The losing party shall pay all reasonable fees and costs (including attorneys’ fees) resulting from any claim or dispute arising from this Agreement.
14. Miscellaneous. This Agreement constitutes the entire agreement between you and eVoiceAmerica and its affiliates, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Any modifications to this Agreement must be set forth in writing and acknowledged by an authorized representative of eVoiceAmerica. If any term of this Agreement is declared unlawful, void, or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and will not have any legal import. This Agreement may be assigned only by eVoiceAmerica at any time.
A printed, PDF-version of this Agreement, subject to date verification, and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement in force at the time the proceeding was initiated to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form and subject to all the other terms of this Agreement.
15. Equal Opportunity Employer. eVoiceAmerica reserves the right to post information about employment opportunities with eVoiceAmerica on any part of the Site. eVoiceAmerica is an equal opportunity employer, employing people, based on suitable qualifications only as determined solely by eVoiceAmerica, without regard to race, sex, religion, nationality, age, or disability.
16. Civil Discourse Only. In addition, you may not post any defamatory, obscene, vulgar, salacious, slanderous, or otherwise illegal material, or any material which infringes any third-party copyrights or other intellectual property rights on any Site interactive features. Violators will be subject to termination of accounts and possible legal action. Although eVoiceAmerica.com employs advanced security technology, it cannot guarantee complete security in personal websites or password-protected areas, and eVoiceAmerica.com will not be held liable for any user’s or other visitor’s disclosure of personal information on eVoiceAmerica.com or any other website operated by eVoiceAmerica.com.
17. Minors. eVoiceAmerica.com and its services are not directed to minors. If you are under 18 years of age, you are not eligible to use the Site.
18. A Special Note About Children. Children are not eligible to use the Site.
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