ONLINE TERMS AND CONDITIONS OF USE
Terms and Conditions of Use
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 Progress Virginia 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 Progress Virginia‘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 Progress Virginia. Any use of the Website or the Website Content other than as specifically authorized herein, without the written permission or prior consent of Progress Virginia, 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.
Progressive Voters Guide’s graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Progressive Voters Guide 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 Progress Virginia or any third party, except as expressly provided in these Terms.
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.
Progress Virginia 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 Progress Virginia at: firstname.lastname@example.org.
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.
Progress Virginia 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. Progress Virginia 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. Progress Virginia 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 Progress Virginia 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 PROGRESS VIRGINIA 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. PROGRESS VIRGINIA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. PROGRESS VIRGINIA 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 PROGRESS VIRGINIA 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 PROGRESS VIRGINIA 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
You agree to indemnify and hold Progress Virginia, 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.
Effective Date: July 1 2020