Courage California Voter Guide Terms AND Conditions

Courage California Voter Guide

https://progressivevotersguide.com
ONLINE TERMS AND CONDITIONS OF USE

Terms and Conditions of Use

Welcome to https://progressivevotersguide.com, a website for the Courage California Super PAC, Courage California State PAC, and Courage California Issues Committee (“Courage California”) to provide a progressive voters guide to provide voter education for upcoming elections.  By accessing or using our website at https://progressivevotersguide.com (the “Website”), you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”).  We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate the date these terms were last revised. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Website. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Proprietary Rights in Website Content; User Content License

All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Website Content”), are the proprietary property of Courage California with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Courage California‘s prior written permission or prior consent.  You may not republish Website Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any such use of the Website Content is strictly prohibited without written permission or prior consent of Courage California. Any use of the Website or the Website Content other than as specifically authorized herein, without the written permission or prior consent of Courage California, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Website Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Trademarks

Courage California’s graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Courage California in the U.S. and/or other countries.  Nothing in these terms grants you a right or license to use any trademark, design right or copyright owned or controlled by Courage California or any third party, except as expressly provided in these Terms.

User Conduct

You understand and agree that the Website is available for your personal, non-commercial use only. You further agree not to harvest or collect email addresses or other contact information of Users from the Website by electronic or other means.  Additionally, you agree not to use automated scripts to collect information from the Website or for any other purpose.  You further agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. In addition, you agree not to use the Website to:

impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; or solicit passwords or personally identifying information for any purpose.

Courage California reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Website by any person, please contact Courage California at: voterguide@couragecampaign.org.

Copyright Complaints

If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

George M. Yin

Kaufman Legal Group, APC

777 S. Figueroa St., Ste. 4050

Los Angeles, CA  90017

Tel. (213) 452-6565

Fax (213) 452-6576

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links to Other Websites and Content

The Website may contain (or you may be sent through the Website) links to other web sites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of or linking to any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website.

Disclaimers

Courage California is not responsible or liable in any manner for any Third Party Content posted on the Website or in connection with the Service.

The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Courage California assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.  Courage California is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating in connection with the Website.  Under no circumstances will Courage California be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone's use of the Website, any Third Party Content posted on or through the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline.

THE WEB SITE, THE SERVICE AND THE WEBSITE CONTENT ARE PROVIDED "AS-IS" AND Courage California DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Courage California CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. Courage California DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL Courage California OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF Courage California IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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.

Governing Law; Venue and Jurisdiction

By visiting or using the Website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that may arise between you and Courage California.  Any action to enforce the terms of these Terms of Use, or arising out of the subject matter of these Terms of Use, shall be commenced in the state and/or federal courts of Los Angeles, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and improper forum with respect to, venue and jurisdiction in the state and/or federal courts of Los Angeles, California.

Attorneys’ Fees

In the event of any action or proceeding to enforce the terms of these Terms of Use, or arising out of the subject matter of these Terms of Use, the prevailing party shall recover its reasonable attorneys’ fees and costs, including any and all expenses reasonably incurred, not limited to expenses provided under the California Code of Civil Procedure.

Indemnity

You agree to indemnify and hold Courage California, 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 attorneys’ fees, arising out of or in connection with your use of the Website, your conduct in connection with the Website or with other Users of the Website, or any violation of this Agreement or of any law or the rights of any third party.

Other

These Terms of Use constitute the entire agreement between you and Courage California regarding the use of the Website, superseding any prior agreements between you and Courage California relating to your use of the Website. The failure of Courage California to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Website Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Effective Date: February 5, 2020

State