Terms of Service – Orange County Democratic Party of North Carolina

Orange Democrats Terms of Service

Last Revised (4/28/2022)

These terms of Service (“Terms”) apply to your access to, and use of the website and other online services (collectively the “Services”) provided by the Orange County Democratic Party (or OrangeDems). By accessing and using the Services, you agree to these Terms. If you do not agree with these Terms, do not use the Services.

We may provide additional or different Terms and Conditions with respect to some of the Services (“Additional Terms”). If you use any Services with Additional Terms, the Additional Terms will apply to your use of such Services. If there is any conflict between these Terms and any Additional Terms, the Additional Terms will control to the extent of such conflict.

We may update these Terms from time to time. If we make any changes to these Terms, we will notify you by revising the “Last Revised” date at the top of these Terms, and in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or by sending you a notification). Unless otherwise indicated in our notice to you, any changes to these Terms will be effective immediately, and your continued use of the Services following our provision of such notice will confirm your acceptance of such changes. If you do not agree with any changes to these Terms, you must stop using the Services.

If you have questions regarding these Terms or the Services, please contact us at attorney@orangedems.com.

Privacy Policy

For information about how we collect, use, and share information about you please see our Privacy Policy.

Communications

If you subscribe to receive updates or other information from us, you consent to receiving automated text and/or email messages from us via your mobile device. Subscribers will receive 1-2 messages a week from OrangeDems. We do not charge for these services; however, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. At any time, you may text STOP to cancel or HELP for customer support information. You may also view this page: https://www.orangedems.com/mobile-opt-out/ to opt-out of text communications. For all questions about the services provided, you can send an email to admin@orangedems.com. Carriers are not liable for delayed or undelivered messages.

Ownership and Limited License

The Services, including text, graphics, images, photographs, videos, illustrations, and other content contained herein are owned by OrangeDems or other licensors and are protected under United States and foreign laws. Except as explicitly stated in these Terms, you are hereby granted a limited nonexclusive, nontransferable, and non-sublicensable, revocable license to access and use our Services for your own personal, informational and non commercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

Feedback

You may voluntarily submit or otherwise communicate with us any questions, comments, suggestions, ideas, original or creative materials, or other information about OrangeDems or the Services (Collectively “Feedback”). You understand that we may use Feedback for any purpose, without acknowledgement or compensation to you, including to develop, copy, publish, or improve the Feedback in our sole discretion. You understand the OrangeDems may treat Feedback as nonconfidential.

Third Party Consent

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the applicable third party. OrangeDems does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Your access to and use of Third-Party Content is at your own risk.

Prohibited Content and Conduct

You will not violate any applicable law, contract, intellectual property right or other third-party, or commit a tort, and you are solely responsible for your conduct while using the Services. You will not:

Engage in any harassing, threatening, intimidating, predatory, or stalking conduct in your use of the Services;
Impersonate, submit, or post on behalf of any person or entity, or otherwise misrepresent your affiliation with a person or entity in your use of the Services;
Sell, resell, or commercially use the Services;
Copy, reproduce, distribute, publicly perform, or publicly display all or portions of the Services;
Modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Services without prior written permission of OrangeDems;
Use the Services other than for their intended purpose or in any manner that could interfere with disrupt, negatively affect, or inhibit OrangeDems and/or other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
Reverse engineer any aspect of the Services or do anything that might discover source code or that might bypass or circumvent measures employed to present or limit access to any part of the Services;
Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters or pyramid schemes in conjunction with your use of, or to other users of the Services;
Use the Services or any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

Indemnification

To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless OrangeDems and its officers, directors, employees, volunteers, and agents (individually and collectively the “OrangeDems Parties”), from and against any claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees) (“Claims”) arising out of or related to (a) your access to and use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your conduct in connection with the Services; or (e) your violation, misappropriation, or infringement of any rights of any third party (including intellectual property of privacy rights).

Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN WRITING BY ORANGEDEMS, THE SERVICES AND ANY CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, ORANGEDEMS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WHILE ORANGEDEMS ATTEMPTS TO MAKE YOUR USE OF THE SERVICES AND ANY CONTENT THEREIN SAFE, ORANGEDEMS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT THEREIN, OR OUR SERVER(S), ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.

Limited Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ORANGEDEMS OR ANY OF ITS AUXILIARY ORGANIZATIONS BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, EVEN IF ORANGEDEMS OR ANY OF ITS AUXILIARY ORGANIZATIONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF ORANGEDEMS AND ANY OF ITS AUXILIARY ORGANIZATIONS FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ORANGEDEMS FOR ACCESS TO OR USE OF THE SERVICES.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR ANY MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Applicable Law

Any dispute arising out of or related to these Terms, or your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of North Carolina applicable to agreements made and to be entirely performed within the State of North Carolina, without regard to its conflict of law provisions. Each party irrevocably consents to the exclusive jurisdiction of the state courts located in Orange County and North Carolina for all disputes arising out of or related to these Terms or your use of the Services.