Last Updated: May 22, 2020
This page contains the Terms and Conditions (the “Terms”) governing your use of RankedVote and any related service, website, application, plug-in, component, extension, functionality, or program (collectively, the “RankedVote Service”). These Terms, along with any service agreements, statements of work, or orders relating to the RankedVote Service (each, a “Service Agreement”) executed by you (“you” or “User”) or accepted by you via email or online and any other documents incorporated into these Terms or any Service Agreement constitute a legally binding agreement (the “Agreement”) between User and RankedVote, LLC. (“RankedVote”, “us” or “we”). In the event of a conflict or inconsistency between the provisions of these Terms and those of a Service Agreement, the Service Agreement shall control.
By executing or accepting a Service Agreement with RankedVote, registering with RankedVote, downloading the RankedVote Software and/or using the RankedVote Service, you agree to these Terms either for yourself or on behalf of your employer or another entity. If you are accepting and/or executing on behalf of your employer or another entity, you represent and warrant that you have the full legal authority to bind your employer or such entity to these Terms. If you do not have such legal authority, or you do not agree with the Terms, you must not accept these Terms and you may not use the RankedVote Service.
By executing a Service Agreement with RankedVote and/or completing the registration process for the RankedVote Service, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by this Agreement.
RankedVote reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time, for any reason or for no reason. We will notify you of any material changes by posting the amended Terms on the RankedVote Website at www.rankedvote.co/terms. You must review these Terms on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop using the RankedVote Service. Your continued use of the RankedVote Service following any changes to these Terms indicates your acceptance and agreement to any and all such changes.
RankedVote provides an online platform for Users to create ranked-choice voting elections, cast votes, and calculate the results. RankedVote’s responsibilities are limited to maintaining the Platform.
To access and use the RankedVote Service, you will be required to register with RankedVote by completing a registration form and designating a user identification and password. When registering with RankedVote you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the RankedVote Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the RankedVote Service (or any portion thereof).
You may not authorize any third party to access or use the RankedVote Service on your behalf. You are responsible for maintaining the confidentiality of the user identification and password, and are fully responsible for all activities that occur under your user identification or password. You agree to immediately notify RankedVote of any unauthorized use of your user identification or password or any other breach of security. RankedVote cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
By providing us with your email address, you agree to receive all required notices electronically, to that email address. From time to time, RankedVote may use this email address to send you notifications about product updates and improvements, company news and events, and updates from our community.
Use of the RankedVote Service may be available through a compatible mobile device, Internet access and may require downloading the software, plug-ins and/or applications. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
RANKEDVOTE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE RANKEDVOTE SERVICE AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF SUCH TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE RANKEDVOTE SERVICE.
In the event you choose to register for a paid account, you agree to the pricing, payment and billing policies as set forth (a) herein, (b) online and/or (c) in a separately executed or accepted RankedVote Service Agreement or addendum thereto. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
If your selected RankedVote Service package requires a recurring subscription fee, your RankedVote Service package will automatically renew, unless we terminate it, or you notify us on-line or by telephone or email firstname.lastname@example.org of your decision to terminate your current RankedVote Service subscription. You must cancel any such RankedVote Service subscription before it renews in order to avoid billing to your credit card or debit to your bank account, as applicable, of subscription fees for the renewal term. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. If payment is made via bank wire or check you agree to remit the payment before the date specified on the Service Agreement.
We reserve the right to change our prices at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the RankedVote Service.
RankedVote reserves the right to modify or discontinue, temporarily or permanently, the RankedVote Service (or any part thereof) with or without notice. You agree that RankedVote will not be liable to you or to any third party for any modification, suspension or discontinuance of the RankedVote Service. You acknowledge that RankedVote may establish general practices and limits concerning use of the RankedVote Service, including without limitation the maximum period of time that data or other content will be retained by the RankedVote Service. You agree that RankedVote has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the RankedVote Service. You acknowledge that RankedVote reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that RankedVote reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
RankedVote shall own and retain all right, title, and interest in and to the RankedVote Service (except for any licensed content and software components included therein). User agrees not to reverse engineer, decompile, disassemble, copy, alter, modify, or create derivative works of the RankedVote Service or otherwise use the RankedVote Service in any way that violates the use restrictions contained in these Terms. RankedVote does not grant to User any license, express or implied, to the intellectual property of RankedVote or its licensors. User further acknowledges and agrees that any information regarding the design, “look and feel”, specifications, components, functionality or operation and payment terms and pricing (if applicable) of the RankedVote Service is considered the confidential and proprietary information of RankedVote (collectively “RankedVote Confidential Information”).
User shall retain all right, title and interest in and to all graphics, images, files, data and other information transmitted by User to RankedVote in connection with its use of the RankedVote Service (collectively, the “User-Provided Data”), provided, however, that User hereby grants to RankedVote a worldwide, royalty-free, non-exclusive license to use the User-Provided Data as permitted under these Terms.
RankedVote Logos and Designs
RankedVote’s graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of RankedVote in the U.S. and/or other countries. RankedVote’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without RankedVote’s prior written permission. User Art. User shall retain all right, title and interest in and to all of User’s logos, promotional graphics and related marketing designs (collectively, the “User Art”), provided, however, that User hereby grants to RankedVote a worldwide, royalty-free, non-exclusive license to use the User Art, as well as User’s corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing RankedVote’s products and services to third parties, subject to User’s right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).
Unauthorized use of the RankedVote Service (including but not limited to any of the prohibited actions set forth in this Section 6), or the resale of the RankedVote Service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to the RankedVote Service or the RankedVote Software in any format to any third party. In addition, you may not use the RankedVote Service in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the RankedVote Service to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of RankedVote or others. In addition, you may not access the RankedVote Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You may not use or disclose any RankedVote Confidential Information, except as otherwise explicitly set forth herein. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the RankedVote Service, or in any way reproduce or circumvent the navigational structure or presentation of the RankedVote Service to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the RankedVote Service. You may not attempt to gain unauthorized access to any portion or feature of the RankedVote Service, or any other systems connected to the RankedVote Service, or to any of the services offered on or through the RankedVote Service, by hacking, password “mining” or any other illegitimate means. You may not harvest or collect user names, email addresses or any other User identifying information by electronic or other means for the purpose of sending unsolicited email or other communications. You may not probe, scan or test the vulnerability of the RankedVote Service, nor breach the security or authentication measures of the RankedVote Service. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor of the RankedVote Service, or any other customer of RankedVote, including any RankedVote account not owned by you, to its source, or exploit the RankedVote Service or any service or information made available or offered by or through the RankedVote Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the RankedVote Service. Additionally, RankedVote reserves the right, without limitation, to terminate your access to and use of the RankedVote Service if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
RankedVote will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. RankedVote may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that RankedVote has no obligation to monitor your access to or use of the RankedVote Service or to review or edit any User-Provided Data, but has the right to do so for the purpose of operating the RankedVote Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
You agree that RankedVote, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the RankedVote Service and remove and discard any content within the RankedVote Service, for any reason, including, without limitation, for lack of use or if RankedVote (in its sole discretion) believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, by providing you with notice of termination. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of RankedVote Service, may be referred to appropriate law enforcement authorities. RankedVote may also in its sole discretion and at any time discontinue providing the RankedVote Service, or any part thereof, with or without notice. You agree that any termination of your access to the RankedVote Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that RankedVote may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the RankedVote Service, except that, if you have made all payments owed to RankedVote (if any) and RankedVote terminates your account without cause, or if you terminate your account for convenience in accordance with this Agreement, then RankedVote will retain your User-Provided Data in accordance with its then current retention policies and, upon your written request, provide you with tools to access such retained User-Provided Data. After the end of RankedVote’s then current data retention period, RankedVote may permanently delete your User-Provided Data on the RankedVote Service. Further, you agree that RankedVote will not be liable to you or any third-party for any termination of your access to the RankedVote Service.
Additionally, by using the RankedVote Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site or Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the RankedVote Service, please contact email@example.com. For your complaint to be valid under the Digital Millennium Copyright Act of 1998 (DMCA), you must provide the following information in writing:
You shall abide by all applicable laws and regulations regarding its use of the RankedVote Service. In using the RankedVote Service and the RankedVote Software, you will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information in violation of export control laws or regulations of the U.S. Government or of any country within whose jurisdiction you operate or do business. RankedVote and its licensors make no representation that the RankedVote Service is appropriate or available for use in any location. The RankedVote Service is controlled and operated from within the United States. RankedVote makes no representations that materials contained within the RankedVote Service are appropriate or available for use in other locations, and access to the RankedVote Service from locations where such activity is illegal is prohibited. Those who choose to use the RankedVote Service from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
RankedVote and any third party who makes its software or content available in conjunction with or through the RankedVote Service disclaim any responsibility for any harm resulting from your use (or use by your employees, agents or contractors) of the RankedVote Service and/or any third party software or content accessed in conjunction with or through the RankedVote Service.
RANKEDVOTE DOES NOT PROMISE THAT THE RANKEDVOTE SERVICE OR RANKEDVOTE SOFTWARE, OR ANY CONTENT, COMPONENT, SITE OR FEATURE OF THE RANKEDVOTE SERVICE, OR COMPONENT OF THE RANKEDVOTE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE RANKEDVOTE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE RANKEDVOTE SERVICE IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. RankedVote CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE RankedVote Service WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. RANKEDVOTE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. RANKEDVOTE AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE RANKEDVOTE SERVICE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE AND SUCH THIRD PARTY SOFTWARE OR CONTENT. RANKEDVOTE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE RANKEDVOTE SERVICE. YOUR SOLE REMEDY AGAINST RANKEDVOTE FOR DISSATISFACTION WITH THE RANKEDVOTE SERVICE IS TO STOP USING THE RANKEDVOTE SERVICE. THIS LIMITATION OF REMEDY IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OF THE RANKEDVOTE SOFTWARE AND/OR USE THE RANKEDVOTE SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE RANKEDVOTE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE RANKEDVOTE SOFTWARE AND/OR RANKEDVOTE SERVICE AND SUCH THIRD PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
THE RANKEDVOTE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. RANKEDVOTE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
UNDER NO CIRCUMSTANCES SHALL RANKEDVOTE OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE RANKEDVOTE SERVICE BE LIABLE TO YOU OR ANY OTHER USER ON ACCOUNT OF ANY USE OR MISUSE OF THE RANKEDVOTE SERVICE OR SUCH THIRD PARTY SOFTWARE OR CONTENT. NEITHER RANKEDVOTE NOR ANY THIRD PARTY SOFTWARE OR CONTENT PROVIDER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF RANKEDVOTE AND/OR A THIRD PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE RANKEDVOTE SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, FROM INABILITY TO USE THE RANKEDVOTE SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE RANKEDVOTE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE RANKEDVOTE SERVICE AND ALL THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE RANKEDVOTE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ANY RELIANCE BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE RANKEDVOTE SERVICE, THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE RANKEDVOTE SERVICE.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Should a dispute arise with respect to any aspect of this Agreement, the Parties shall engage in good faith, informal dispute resolution for a minimum period of thirty (30) days to resolve the dispute. Should the Parties fail to resolve their dispute informally, they shall engage in mediation with JAMS in San Francisco, California, at their joint and equal expense. Should the mediation fail to resolve their dispute, the Parties shall thereafter engage in binding arbitration with JAMS in San Francisco, California. To ensure minimal cost, the arbitration shall be in front of a single arbitrator and shall be conducted in accordance with JAMS’ Optional Expedited Arbitration Procedures. The binding arbitration shall be at the Parties’ joint and equal expense, with attorneys’ fees and costs to the prevailing party upon conclusion.
You agree to indemnify and hold RankedVote, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the RankedVote Service, including (a) any breach by you of this Agreement, (b) any claims arising from the content you submit, post, transmit or make available through the RankedVote Service, and (c) if applicable, your use of the RankedVote Service to meet another user in-person or to locate and/or visit any offline place or event.
You may not assign or transfer this Agreement, by operation of law or otherwise, without the prior written consent of RankedVote. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. RankedVote may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Headings are for convenience only and have no legal or contractual effect.
This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by RankedVote.
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