Terms of Service :: Progressive Voters Guide :: Washington
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE - www.progressivevotersguide.org
("Site") is owned and operated by Fuse, a Washington Non-Profit Corporation.
Services offered on the Site ("Services") are provided to you ("Member") under
the terms and conditions of this Fuse Terms of Service and any operating rules
or policies that may be published by Fuse from time to time (collectively,
"TOS"). The TOS comprises the entire agreement between Member and Fuse and
supersedes all prior agreements between the parties regarding the subject matter
contained herein. BY COMPLETING THE REGISTRATION PROCESS, MEMBER IS INDICATING
MEMBER'S AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
DESCRIPTION OF SERVICES -Services include various publishing and community
services, including but not limited to the capability to post information to a
web page and participate in web-based discussions. The Services are free of
charge and are provided by Fuse to Member at Fuse's sole discretion and may be
terminated by Fuse at any time at Fuse's sole discretion.
MODIFICATIONS TO TERMS OF SERVICE - Fuse reserves the right to change the terms
and conditions of the TOS from time to time. If Fuse makes substantive changes
to the TOS, Fuse will post a prominent announcement on the Site and post the
changes to this page.
MODIFICATIONS TO, OR TERMINATION OF, SERVICES - Fuse reserves the right to
modify, terminate, or discontinue the Services with or without notice to Member.
Fuse shall not be liable to Member or any third party should Fuse modify,
terminate, or discontinue the Services. In the event Fuse terminates or
discontinues Services, Member acknowledges and agrees that Fuse has no
obligation to provide Member with access to any information about Member that
was on the site at the time of termination, including, but not limited to,
information from Member's profile, a list of Member's contacts, or any other
content that has been added to the Site by Member or anyone else.
private to Member except to the extent otherwise provided for herein or to the
extent that Member opts to share that information with other Fuse members and/or
the public, through Fuse, the Site or otherwise. It is Fuse's policy to respect
the privacy of Members. Therefore, without Member's prior consent or to the
extent otherwise provided for herein, Fuse will not disclose to any third party
Member's name or contact information, except that Fuse may provide such
information to the administrator(s) of any "group" that Member joins on the
Site. Fuse will also not monitor, edit, or disclose the contents of a Member's
information unless required to do so by law or in the good faith belief that
such action is necessary to: (1) conform to the requirements of applicable law
or comply with legal process served on Fuse; (2) protect and defend the rights
or property of Fuse; or (3) act under exigent circumstances to protect the
personal safety of any person; (4) fix or debug problems with the Fuse
software/service. Fuse encourages Member to visit this page periodically to
review Fuse's current policy.
PETITIONS AND SURVEYS - For petitions and surveys signed or completed by Member,
Fuse may treat Member's name, city, state, and comments as public
information-for example, Fuse may provide compilations of petitions, with
Member's comments, to public officials, but in no such case may Fuse disclose
Member's street address, email address or phone number, without Member's prior
consent. Fuse may also make Member's comments, along with Member's first name,
city, state, and country, available to the press and public online.
EMAILS - Fuse will enable Member to send individual e-mails through the Site in
Member's name, and in connection with such emails, Fuse may disclose Member's
e-mail address as the return address to public officials. If Member writes
letters or emails to newspapers using the Site, Fuse may disclose Member's email
address and full name and contact information as part of the submission.
COOKIES - Parts of the Site are password-protected. If Member checks "Remember
Me" upon log-in, Fuse may use a "cookie" to enable Member to return to
password-protected areas of the website without having to re-enter Member's
Data Tracking - From time to time, Fuse may periodically analyze web logs in
order to understand traffic patterns and determine whether there are problems
with the Site. Fuse may also use embedded images in emails to track open rates
for mailings, so that Fuse can tell which mailings appeal most to Fuse members.
In no case, however, shall Fuse disclose data about Fuse members' behavior to
any organization other than Fuse.
URLs - Fuse may use URLs in emails that contain an id enabling Fuse to correctly
identify the person who takes an action using a web page. Fuse may use these
URLs to simplify the process of signing petitions and filling out surveys. Fuse
may occasionally present a shortened URL that references a longer URL which
contains an id in order to prevent links from becoming broken when copied, and
to ensure compatibility with email programs which do not handle long URLs. If
Fuse displays a shortened URL in an email, Member may see the full URL in the
browser's address bar when member accesses the page.
CONTENT OWNERSHIP - Member hereby disclaims and assigns to Fuse any and all
copyright ownership and all intellectual property rights with respect to
information he or she publishes through Fuse or otherwise enters into
CONTENT RESPONSIBILITY - Member acknowledges and agrees that Fuse neither
endorses the contents of any Member communications nor assumes responsibility
for any threatening, libelous, obscene, harassing or offensive material
contained therein, any infringement of third party intellectual property rights
arising therefrom or any crime facilitated thereby.
WEB LINKS - Fuse may provide links to third party web sites, and other web sites
may provide links to the Site. Third party web sites operate according to their
web sites, and by using the Site, Member acknowledges and agrees that Fuse is
not responsible for the availability of such third party sites, and does not
endorse and is not responsible or liable for any content, advertising, products
or other materials on or available from such sites. Member further acknowledges
and agrees that Fuse shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any content, advertising, products, or other materials on
or available from such sites.
MEMBER ACCOUNT, PASSWORD, AND SECURITY - After Member becomes a member of the
Service, Member shall receive a password and an account. Member is entirely
responsible if Member does not maintain the confidentiality of the password and
account. Furthermore, Member is entirely responsible for any and all activities
which occur under such account. Member may change his or her password at any
time (to do so, go to the team area of any blog Member is a member of, click on
Member's name and then "edit profile"); Member may also set up a new account and
close an old one at Member's convenience.
Member agrees to immediately notify Fuse of any unauthorized use of Member's
account or any other breach of security known to Member.
DISCLAIMER OF WARRANTIES - MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
Fuse EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Fuse MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Fuse
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN
DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA.
Fuse MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR
THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO MEMBER.
LIMITATION OF LIABILITY - NEITHER Fuse, NOR ANY OF ITS PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM
THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLES, REGARDLESS OF WHETHER MEMBER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO MEMBER.
NO RESALE OF THE SERVICE - Member agrees not to sell any portion of the Service
or access to the Site to others.
STORAGE AND OTHER LIMITATIONS - Fuse assumes no responsibility for the deletion
or failure to store information entered into Fuse.
MEMBER CONDUCT - Member is solely responsible for the contents of his or her
transmissions through the Service and/or the Site. Member's use of the Service
and the Site is subject to all applicable local, state, national and
international laws and regulations.
Member agrees: (1) to comply with all applicable laws regarding the transmission
of technical data exported from the United States through the Service; (2) not
to use the Service and/or the Site for illegal purposes; (3) not to interfere or
disrupt networks connected to the Service and/or the Site; and (4) to comply
with all regulations, policies and procedures of networks connected to the
Service and/or the Site.
The Service and the Site make use of the Internet to send and receive certain
messages; therefore, Member's conduct is subject to Internet regulations,
policies and procedures. Member will not use the Service or the Site for chain
letters, junk mail, spamming or any use of distribution lists to any person who
has not given specific permission to be included in such a process.
Member agrees not to transmit through the Service and/or the Site any unlawful,
harassing, libelous, abusive, threatening, or harmful material of any kind or
nature. Member further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national or international law
or regulation. Attempts to gain unauthorized access to other computer systems
Member shall not interfere with another Member's use and enjoyment of the
Service or the Site or another entity's use and enjoyment of similar services.
INDEMNIFICATION - MEMBER AGREES TO INDEMNIFY AND HOLD Fuse, AND ITS PARENTS,
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY
CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY
DUE TO OR ARISING OUT OF MEMBER'S USE OF THE SERVICE, THE VIOLATION OF THIS TOS
BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE SERVICE USING
MEMBER'S COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR
TERMINATION - Either Member or Fuse may terminate the Service with or without
cause at any time and effective immediately. Fuse shall not be liable to Member
or any third party for termination of Service. Member's only recourse hereunder
for any claim against Fuse is to immediately discontinue use of the Service.
Upon termination of the Service, Member's right to use the Service and Software
immediately ceases. Member shall have no right and Fuse will have no obligation
thereafter to forward any unread or unsent messages to Member or any third
NOTICE - All notices to a party shall be in writing and shall be made either via
email or conventional mail. Fuse may broadcast notices or messages through the
Service to inform Member of changes to the TOS, the Service, or other matters of
importance; such broadcasts shall constitute notice to Member.
MISCELLANEOUS - The TOS shall be governed by and construed in accordance with
the laws of the State of Washington without regard to its rules of conflict of
laws. Each of Fuse and the Member hereby irrevocably and unconditionally consent
to submit to the exclusive jurisdiction of the courts of the State of
Washington, in King County, or, if under applicable Law, exclusive jurisdiction
is vested in federal courts, then of the United States of America located in the
District of Washington (collectively, the "Washington Courts") for any
litigation arising out of or relating to the TOS and the Service (and agree not
to commence any litigation relating thereto except in such courts), waive any
objection to the laying of venue of any such litigation in the Washington Courts
and agree not to plead or claim in any Washington Court that such litigation
brought therein has been brought in an inconvenient forum. If any provision(s)
of the TOS is held by a court of competent jurisdiction to be contrary to law,
then such provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full force and
effect. Fuse's failure to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision unless acknowledged and
agreed to by Fuse in writing. The section titles in the TOS are solely used for
the convenience of the parties and have no legal or contractual significance.