This website, located at www.capitolcontact.com (“Website”), is owned and operated by Capitolcontact.com, LLC. (“CapitolContact”).
This Website is a Web-based service that enables organizations (“Subscribers”) to create and send email campaigns to their members, supporters, and constituents, track and archive the results of those campaigns, create advocacy landing pages to communicate with members of society, and enable individuals to communicate to members of society. Capitol Contact and its related services are provided to you, the Customer, by us, State Capitol Watch Inc., the company that owns and operates Capitol Contact, and your use of the Website shall be pursuant to the terms and conditions set forth in these terms of use (the “Agreement”).
By opening a capitolcontact.com account, and using CapitolContact, you agree to abide by the terms set forth in this Agreement. You declare that (a) you are at least eighteen years of age, (b) you are able to sign legally binding contracts on behalf of your company, and (c) you are representing yourself and your company honestly to your email recipients and to us. You also agree to maintain current information about yourself and your company, and to update that information as it changes.
If you have any questions about these Terms of Use, please contact us at info@capitolcontact.com.
Limited License and Site Access; All Rights Reserved
CapitolContact.com hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CapitolContact.com. This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of State Capitol Watch dba.CapitolContact.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of State Capitol Watch dba Capitol Contact without State Capitol Watch dba Capitol Contact’s express written consent. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content, features, Products and Services offered on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by State Capitol Watch dba Capitol Contact.
This Website may provide certain summary descriptions or other helpful information regarding Products and Services. State Capitol Watch dba Capitol Contact attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual product/service agreement to which they refer.
Ownership
Your use of State Capitol Watch dba Capitol Contact confers no title or ownership to State Capitol Watch dba Capitol Contact. We are granting you temporary, non-exclusive access to State Capitol Watch dba Capitol Contact that will endure as long as (a) the Agreement is not terminated in accordance with the terms of this Agreement, (b) you continue to provide payment for State Capitol Watch dba Capitol Contact in a timely manner, and (c) you continue to abide by the terms of this Agreement.
State Capitol Watch dba Capitol Contact owns all logos, graphics, software, algorithms, functionality, content (other than content owned by you or any third party), pages, features and processes that comprise State Capitol Watch dba Capitol Contact. You agree not to copy, modify, re-package, reverse-engineer, disassemble, modify or otherwise use the State Capitol Watch dba Capitol Contact or its components in ways not explicitly allowed by this Agreement, without prior written consent from us. You also agree not to remove any proprietary notices or labels from State Capitol Watch dba Capitol Contact.
Connection Requirement
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and State Capitol Watch dba Capitol Contact reserves the right to change the access configuration of this Website at any time without prior notice.
Prohibited Use
Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by State Capitol Watch dba Capitol Contact to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by State Capitol Watch dba Capitol Contact, or (vii) any use other than the organizational purpose for which it was intended, is prohibited. We reserve the right to terminate your State Capitol Watch dba Capitol Contact account if we deem your content malicious, damaging, or dangerous.
In addition, in connection with your use of the Website, you agree you will not:
a) Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any State Capitol Watch dba Capitol Contact representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any other person or entity;
k) Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services if you are not expressly authorized by such party to do so;
m) Harvest or otherwise collect information about others, including e-mail addresses; or
n) Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.
State Capitol Watch dba Capitol Contact reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. State Capitol Watch dba Capitol Contact may cooperate with legal authorities and/ or third parties in the investigation of any suspected or alleged crime or civil wrong. In the event State Capitol Watch dba Capitol Contact is requested to satisfy any applicable law, regulation, legal process or governmental request, State Capitol Watch dba Capitol Contact reserves the right at all times to disclose any information as State Capitol Watch dba Capitol Contact deems necessary.
Right to Monitor
State Capitol Watch dba Capitol Contact neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through this Website. However, State Capitol Watch dba Capitol Contact does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in State Capitol Watch dba Capitol Contact’s sole discretion, may be illegal, may subject State Capitol Watch dba Capitol Contact to liability, or may violate these Terms of Use.
Any opinions, statements, products, services or other information expressed or made available by users on this Website are those of such users. State Capitol Watch dba Capitol Contact does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with State Capitol Watch dba Capitol Contact.
Links to Third Party Website
This Website may contain hyperlinks to other sites owned and operated by parties other than State Capitol Watch dba Capitol Contact. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by State Capitol Watch dba Capitol Contact, you acknowledge and agree that State Capitol Watch dba Capitol Contact is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. State Capitol Watch dba Capitol Contact is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. State Capitol Watch dba Capitol Contact shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. State Capitol Watch dba Capitol Contact is not responsible for the privacy practices of any other websites.
Website Privacy Policy
Our Website Privacy Policy describes the details of State Capitol Watch dba Capitol Contact’s information practices and procedures for personal information we collect at this Website.
Disclaimer
Content and other information contained on this Website has been prepared by State Capitol Watch dba Capitol Contact as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. State Capitol Watch dba Capitol Contact has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website. Users relying on Content or other information from this Website do so at their own risk.
Indemnification
You agree to defend, indemnify, and hold harmless State Capitol Watch dba Capitol Contact, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from this Website, your use of this Website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.
Notices
Any notices to you from State Capitol Watch dba Capitol Contact regarding the Website or these Terms of Use will be posted on this Website or made by e-mail.
Electronic Communications
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.
General Provisions
Entire Agreement
These Terms of Use, the Privacy Policy, and other policies State Capitol Watch dba Capitol Contact may post on this Website constitute the entire agreement between State Capitol Watch dba Capitol Contact and you in connection with your use of this Website and the Content, and supersedes any prior agreements between State Capitol Watch dba Capitol Contact and you regarding use of this Website, including prior versions of these Terms of Use.
Governing Law; Jurisdiction; Venue; Severability of Provisions
The Terms of Use are governed by the laws of the State of California, USA and controlling United States Federal Law without regard to any conflicts of law provisions. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
Password Accounts, Passwords, and Security
You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify State Capitol Watch dba Capitol Contact of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. State Capitol Watch dba Capitol Contact will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by State Capitol Watch dba Capitol Contact or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
No Agency Relationship
Neither these Terms of Use, nor any Content, materials, features, or Products and Services of this Website create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
Remedies
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Contacting us
If you have any questions or concerns about these Terms of Use, please contact us at info@capitolcontact.com. We will attempt to respond to your questions or concerns promptly after we receive them.
These Terms of Use were last updated and posted on October 4, 2016.