Terms of Service
Last revised on: October 5th, 2020
The website located at www.impactive.io and the mobile app (the “Product”) is a copyrighted work belonging to Impactive Inc (“Company”, “us”, “our”, and “we”). Certain features of the Product may be subject to additional guidelines, terms, or rules, which will be posted on the Product in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These terms require the use of arbitration (Section 10.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1.1 Account Creation.
In order to use certain features of the Product, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. To maintain the integrity of the use, services, and information provided through the Product, we require you to represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will only create one account for yourself and use your true identity; (c) you will use the same name that you use in you day-to-day life; (d) you will maintain the accuracy of such information; and (e) you will not share your password with anyone else or give anyone else access to your account. You may delete your Account at any time, for any reason, by following the instructions on the Product. You acknowledge and agree that the company may email, text, or otherwise contact you occasionally using the information provided. You may opt-out at any time by replying to these communications. Company may suspend or terminate your Account in accordance with Section 8.
1.2 Account Responsibilities.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Product solely for your own personal, noncommercial use. In certain situations, Company has licensed materials from third-parties which are incorporated into the Product or may be used by you during your use of the Product (“Third-Party Products). In such situations, Company grants you a non-exclusive, non-transferrable, non-sublicensable, revocable limited sub-license to use and access the Third-Party Products in the United States subject to the terms and conditions of these Terms.
2.2 Certain Restrictions.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, convey, assign, distribute, host, or otherwise commercially exploit the Product or any Third-Party Product, whether in whole or in part, or any content displayed on the Product or any Third-Party Product; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product or Third-Party Product; (c) you shall not access the Product or any Third-Party Product in order to build a similar or competitive website, product, or service, including but not limited to using any Third-Party Product to create any statistical model for generating synthetic data fields, scores or similar data fields; (d) except as expressly stated herein, no part of the Product or Third-Party Product may be copied, reproduced, distributed, disseminated, republished, downloaded, displayed, posted, transmitted or otherwise made available, whether in whole or in part, in any form or by any means, (e) no Third-Party Product or any data contained therein shall be used by you, or made available to any individual or entity which intends to or actually uses the Third-Party Product or any data contained therein, for the purpose of opposing the Democratic party or any Democratic candidate for office, (f) you will only conduct searches and utilize Impactive to access information about personal contacts in your phone, email or address book, or new contacts you have recently conversed with in person or online; and (g) no Third-Party Product, or any portion of the Third-Party Product or the data incorporated in it, can be (i) used to solicit individuals for the purchase of goods or services, unless otherwise authorized herein, (ii) to determine or establish an individual’s creditworthiness or eligibility for credit, insurance or employment, or (iii) or for any purposes of creating a database or similar function for the purposes or solicitations or making the determinations in (ii) herein. Unless otherwise indicated, any future release, update, or other addition to functionality of the Product or any Third-Party Product shall be subject to these Terms All copyright and other proprietary notices on the Product (or on any content displayed on the Product) must be retained on all copies thereof.
2.3 Use of the Product or Third-Party Products.
Your right to use the Product and any Third-Party Products incorporated into the Product require that you agree to follow all applicable laws, ordinances, regulations and requirements when using the Product or any Third-Party Product, including but not limited to all laws governing the use of data contained in state and local voter files and other Voter File Data as defined below, the Telephone Consumer Protection Act, the Federal Trade Commission or Federal Communications Commission’s regulations, or any other laws governing the use of automated telephone calls or automatic dialing announce services. You also agree that any communication you create or send (written, electronic, oral or any other way) to any individual or entity whose information appears in the Product or Third-Party Product will not: (i) name or refer to the Third-Party Product provider or entity that provided information to the Third-Party Product provider (if known) or any selection criteria, (ii) not use any information from the Product or any Third-Party Product for any other purposes than for political purposes. You hereby agree, represent, and warrant, that you are authorized pursuant to applicable law, to receive and store Voter File Data (as defined below).
Company reserves the right, at any time, to modify, suspend, or discontinue the Product (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Product or any part thereof.
2.5 No Support or Maintenance.
You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Product.
Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Product and its content are owned by Company, Company’s suppliers, or any Third-Party Product providers. Neither these Terms (nor your access to the Product or any Third-Party Product) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. of these Terms. Company, its suppliers and all Third-Party Product providers reserve all rights to the property, including all intellectual property rights, not granted to you in these Terms and you expressly agree not contest Company’s, Company’s suppliers or Third-Party Product provider’s rights or ownership. There are no implied licenses granted under these Terms.
The identity of any individual or entity which provides any data or records through the Product, whether it is a Third-Party Product provider or any supplier to a Third-Party Product provider, is confidential and may not be disclosed in any manner for any reason, including to the Press, unless authorized in these Terms. You agree to use your best efforts to safeguard this information, if known, and protect the confidential nature of it with the same degree of care as you would with your own confidential information, including not allowing anyone else to see, use or make copies of the confidential information. If you believe an unauthorized individual or entity has discovered the confidential information, you agree to notify Impactive immediately at: support@Impactive.io and cooperate in any efforts to stop the disclosure or dissemination of the confidential information. Any violation of this provision may result in Impactive or any Third-Party Product providers seeking an injunction against you or taking other legal actions, as well as canceling your Account and terminating your access to the Product.
3.1 User Content.
“User Content” means any and all information and content, including still or moving images, that a user submits to, or uses with, the Product (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to use, reproduce, distribute, store, depict, exhibit, publicly display and perform, publish, broadcast, edit, prepare derivative works of, incorporate into other works, and otherwise use and exploit (“Use”) your User Content, and to grant sublicenses of the foregoing rights, for the purposes of including your User Content in the Product. You are also granting permission to Use your User Content submitted as a testimonial to be Used and shared as such by Company, campaign, organization, or other client, according to these Terms. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
You hereby release Company, together with its officers, employees, and agents, from any liability connected with the Use of the Content. You hereby waive all rights you may have to any claims for payment, reporting, residuals, or royalties in connection with any Use of the Content, regardless of the purpose or sponsoring of Use. You also waive any right to inspect or approve any Use of User Content by Company.
3.3 Acceptable Use Policy.
The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Product to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Product any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Product unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Product to harvest, collect, gather or assemble information or data regarding other users, including but not limited to e-mail addresses, phone numbers, or voter file data, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Product, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Product (or to other computer systems or networks connected to or used together with the Product), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Product; or (vi) use software or automated agents or scripts to produce multiple accounts on the Product, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Product (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Product for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file). (vii) use the Product to search or lookup voter file information for non-personal contacts or individuals that you have not met in person or had at least one conversation with online.
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the Product (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify and hold Company and its Third-Party Product providers (and their respective officers, directors, shareholders, members, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Product or any Third-Party Product, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) any unauthorized disclosure or release of information obtained from the Product or any Third-Party Product, including disclosure by hacking, theft, or data security breaches, or (e) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5.1 Third-Party Links & Ads.
The Product may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
5.2 Other Users.
Each Product user, including, but not limited to, individual users who have signed by for their own personal accounts and representatives of campaigns or organizations who have contracted with Impactive to use the Product to communicate and interact with their supporters, is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Product users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Product user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and any of its Third-Party product providers (and all respective officers, employees, agents, directors, shareholders, members, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Product or any Third-Party Products (including any interactions with, or act or omission of, other Product users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE PRODUCT IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS AND THIRD-PARTY PRODUCT PROVIDERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Impactive RESERVES THE RIGHT TO RUN RANDOMIZED CONTROLLED TRIALS DURING PRODUCT USE TO DETERMINE THE EFFECTIVENESS OF THE PRODUCT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ANY THIRD-PARTY PRODUCT PROVIDER (OR THEIR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, GOODWILL, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PRODUCT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS AND ANY THIRD-PARTY PRODUCT PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Subject to this Section, these Terms will remain in full force and effect while you use the Product. We may suspend or terminate your rights to use the Product (including your Account) at any time for any reason at our sole discretion, including for any use of the Product in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Product will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 10.
Company respects the intellectual property of others and asks that users of our Product do the same. In connection with our Product, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Product who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Product, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent.
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
10.1 Product Description.
The Impactive product is a software as a service platform that provides a set of tools to campaigns, organizations, and other clients. These tools include friend-to-friend messaging, peer-to-peer messaging, broadcast texting via short code, social media sharing, user testimonials, open canvassing, and other commonly used campaigning techniques. Campaigns that license the Impactive product can have their volunteers sign up to use the platform and even give them access to some or all of the tools provided. Campaigns can also make actions open to the public entirely.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Product. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Product. These changes will be effective immediately for new users of our Product. Continued use of our Product following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
10.3 Dispute Resolution.
Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 103 Kidder Ave, Somerville, Massachusetts 02144. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Middlesex County, Massachusetts, for such purpose
The Product may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
10.6 Electronic Communications.
The communications between you and Company use electronic means, whether you use the Product or send us emails, or whether Company posts notices on the Product or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
10.7 Entire Terms.
These Terms constitute the entire agreement between you and us regarding the use of the Product. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
10.8 Copyright/Trademark Information.
Copyright © 2018-2020 Impactive Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Product are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
10.9 Contact Information:
10.10 Short Code Information:
The short code 80401 is controlled solely by Impactive and the information acquired via short code messages will not be shared with third parties and affiliates.
When you opt-in to the short code service, Impactive will send you an SMS message to confirm your subscription.
Users can expect to receive messages about upcoming election dates, voter registration information, events they might be interested in, and opportunities to volunteer and get involved for campaigns or causes they care about.
You can cancel the SMS service at any time. Just text "STOP" to 80401 . After you send the SMS message "STOP", Impactive will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from Impactive. If you want to join again, just sign up as you did the first time and you will start receiving SMS messages again.
If at any time you forget what keywords are supported, just text "HELP" to 80401 . After you send the SMS message "HELP" to Impactive, and we will respond with instructions on how to use our service as well as how to unsubscribe.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency will vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@Impactive.io.
10.11 SECURITY AND RESPONSIBLE DISCLOSURE
Impactive cares deeply about maintaining the trust and confidence that our customers place in us. By agreeing to our terms of service, you are agreeing that in the event you discover a security vulnerability in one of our services, you shall disclose that information to Impactive in a responsible manner in compliance with the Responsible Disclosure Policy found here. Impactive will engage with security researchers when vulnerabilities are reported to us to validate and fix the issue in accordance with our commitment to security and privacy. Impactive will not take legal action against or suspend or terminate the accounts of those who discover and report security vulnerabilities in accordance with this Responsible Disclosure Policy. Impactive reserves all legal rights in the event of any noncompliance.
10.12 YOUR DATA SECURITY OBLIGATIONS
You agree that if you are storing or deploying any Data or a Third-Party Product or any other data licensed or purchased from a Third-Party Product provider and incorporated into the Product, you will at all times abide by the following minimum requirements:
Data (defined below), Third-Party Products and any other data licensed or purchased from a Third-Party Product provider will always reside in a physically protected, identity and access controlled, professional data center environment.
Data (defined below), Third-Party Products and any other data licensed or purchased from a Third-Party Product will always reside in an identity and access controlled private subnet
Unrestricted or bulk access to Data is prohibited
External or tunneled network access to storage systems residing in private subnets which store Data (defined below), Third-Party Products and any other data licensed or purchased from a Third-Party Product:
Strong transfer level encryption
Strong authentication by credentials or key pairs
Default credentials or default access configurations are not authorized and may not be used
Restrictive port filtering
24/7 Access logging which should be provided to the Third-Party Data provider upon request.
Any and all exceptions to this policy must be granted through written acceptance by the Third-Party Data provider after review by the Third-Party Data provider’s security professionals or a trusted third-party security firm identified by the Third-Party Data provider.
In the event of a known or suspected exposure of Data (defined below), Third-Party Products and any other data licensed or purchased from a Third-Party Product which is held, stored, or deployed by you, you agree to immediately notify the Third-Party Data provider and to provide access logs and relevant deployment and timeline details for its review. You agree to allow the Third-Party Data provider the right and ability to scan/probe client deployments in the event of a suspected, or known exposure of such data.
In the event of a known or suspected exposure of Data (defined below), Third-Party Products and any other data licensed or purchased from a Third-Party Product, you agree to permanently delete all such data from your deployments upon request by the Third-Party Data provider.
10.13 THIRD-PARTY DATA USAGE AGREEMENT.
You may be provided with data fields and/or records to be exported from Third-Party Product providers and data fields (“Third Party Data”) and/or records containing records related to voter registration and voter participation (“Voter File Data”) from Third-Party Product providers to be used in accordance with these Terms (Voter File Data and Third Party Data collectively, “Data”). You may only use the Data if you agree to the following: (a) you will not use the Data or any copies of it for commercial, improper or illegal purposes and the information will not be published or posted on the internet (without the prior consent of the Third-Party Product provider and subject to legal restrictions on such posting), (b) your use of the Data will at all times and at your own expense comply with all legal requirements concerning receipt and use of the Data, (c) you acknowledge that users of the Voter File Data must certify and affirm knowledge of, and compliance with all laws and regulations that govern the acquisition and use of Voter File Data and agree to abide by federal, state and local laws and regulations governing acceptable use of the Voter File Data, (d) you can only use any and all parts of the Voter File Data (including components thereof) only for any legitimate political purposes such as recognized political campaigns, voter registration drives, political voter contact, GOTV, political fundraising, or political polling and research as permitted under applicable local, state and federal laws and regulations, (e) you are expressly prohibited from using any or all of the Voter File Data for any non-political purpose unless specifically allowed under the appropriate federal, state or local laws and regulations and in any event only in conformity with these Terms, (f) you do not use the Voter File Data as a factor in establishing an individual’s creditworthiness or eligibility for credit or insurance, or employment, (g) you do not allow the Voter File Data (including any part) to be used to append any data element to any database that will be used for any non-political or other unlawful or non-approved purpose as described above, (h) you will not sell, transfer, trade, or give license to any of Third-Party Data to any other entity, (i) all Third-Party Product and Third-Party Data, including all intellectual property rights therein, are at all times the property of the Third-Party Product provider and its licensors and other suppliers who provide the data to the Third-Party Data provider (collectively the “Data Owner”), and you have no proprietary rights whatsoever in the Third-Party Product or Third-Party Data, (j) all political communications used in connection with any list created by or for you derived from the Voter File Data will not (i) include any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient’s name and address (ii) comply with all applicable federal and state laws, rules and regulations, and (iii) not contain material that is threatening, hateful, or racially or ethnically objectionable, (k) you will not, without the consent of the Third-Party Data provider, use or embed the Data your software or the software of another party, input the Third-Party Data into a database, or in any way attempt to recreate any or all of the Third-Party Product or Data, or make the Third-Party Product of Data available to any third party. Third-Party Data, including Voter File Data, may be accessed and used only within the United States.
Unless authorized in these Terms, all Third-Party Data must be deleted within one year after receipt of the Data. The Third-Party Data provider may require certification of timely deletion and you agree to authorize the Third-Party Data provider to audit for compliance with this requirement.
Certain Third-Party Data providers reserve the right to review and pre-approve your intended use of the Voter File Data if there is reason to believe that you are using the Voter File Data in a manner that is not permitted by these Terms.
If any unauthorized person gains access to the Data through your Account and without authorization from Impactive or the Third-Party Data provider or uses the Data unlawfully or in violation of these Terms, you are solely responsible for all claims as a result and you agree to indemnify the Third-Party Data provider and each Data Owner for any losses (including, without limitation, attorneys fees and costs) arising from any such claims. You are responsible for accepting and responding to any external inquiries arising out of your use of the Data. No reference to any Third-Party Data providers or other Data Owner shall be made in written or oral communication in responding to inquiries without the party’s prior written approval.
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