eVoiceAmerica Data LLC /eVoiceAmerica.com
as of October 2015
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 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 firstname.lastname@example.org.
IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT ELIGIBLE TO USE THE PRODUCTS OR SERVICES PROVIDED BY THE SITE.
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 YOU OR 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, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, "the Intellectual Property") are protected by US Patent No. 8,135,693, 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 by eVoiceAmerica Data LLC. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of eVoiceAmerica Data LLC and protected by U.S. and international copyright laws. All software used on the Site is the property of eVoiceAmerica Data LLC or is the property of commercial software suppliers and is protected by U.S. copyright laws.
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 Site Materials may only be used for your personal, non-commercial use;
• The Site Materials may only be used to inform others about the Site benefits and encourage them to use of the Site to send personal opinions to their representatives;
• The Site Materials not be used for your personal profit;
• The Site Materials may not be changed, modified, or deleted in any manner;
• The Site Materials may not be copied and posted on any other web site unless clearly cited to eVoiceAmerica as the source as to all the conditions below:
• All patent, copyright, trademark, and other proprietary notices contained in all such Site Materials may not be altered or deleted.
• The following notice must appear on each copy of Site Materials: "Copyright © 2015 eVoiceAmerica Data LLC. All rights reserved. Protected by the copyright laws of the United States and international treaties.”
• 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" as defined below, without the express written permission of eVoiceAmerica or other owners of the Intellectual Property, is strictly prohibited.
• 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.
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 and 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; 8) viewing the Yes / No Majority Percentage results within the “Would You Re-Elect Me Today?” feature, among others); 9) and 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. 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) 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.
a) 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:
a) The contents of any communication, message, or other information sent by you to or through eVoiceAmerica.com, or posted by you on any part of the Site;
b) The contents of any website not controlled, owned, or operated by eVoiceAmerica that is accessed from or linked to any part of the Site;
c) Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure;
d) The results of any interpersonal interactions to which you are exposed or in which you become involved through the Site or other eVoiceAmerica services,
e) Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use of the Site or any of its related services, or download any of the software offered through any of the Site features, even if eVoiceAmerica has been advised of the possibility of such damages. If you are dissatisfied with any portion of any of the Site, any services or products, or with any of these Terms and Conditions of Use / Service, your sole and exclusive remedy is to discontinue using the Site; and
f) Any termination or suspension of your user status or any of eVoiceAmerica’s data report subscription(s) using the “Unsubscribe” function as provided in this Agreement, or any consequence thereof.
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, except to educate, promote, and drive internet traffic to the Site for the stated purposes on the Site. 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, it is acknowledged and agreed 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.
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; or (e) the suspension or termination of your Subscription(s) as provided in this Agreement.
11. Arbitration: Any dispute, claim or controversy arising out of or relating to this Agreement, or any eVoiceAmerica crowdfunding campaign, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, Los Angeles County, California,before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
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 AREA, 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 California applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within the City of Los Angeles, Los Angeles 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 by eVoiceAmerica at any time.
A printed version of this Agreement 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 the company on any part of the Site. eVoiceAmerica is an equal opportunity employer, employing people without regard to race, sex, religion, nationality, age, or disability.
16. Civil Discourse Only. In addition, you may not post any defamatory, obscene, slanderous, or otherwise illegal material, or any material which infringes any third-party copyrights or other intellectual property rights on any interactive areas. 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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