Terms & Conditions
Welcome to OneClickPolitics™. Our Company (“OCP”) provides its paid services and offerings or free trials of OCP paid services (the “OneClickPolitics Service,” or “OneClickPolitics” as further described below) to “you” or “customers”, subject to the following Terms and Conditions (“T&C’s”). These T&C’s apply to both paid accounts and services and Free Trials of paid accounts and services. Throughout these T&C’s “Services” and “Accounts” shall refer to both paid services and accounts and Free Trial services and Accounts. When using OneClickPolitics Services, you shall be subject to any posted guidelines and rules applicable to such services, which may be posted and updated from time to time. All such guidelines and rules are incorporated by reference into these T&C’s.
If you do not agree to these T&C’s, you may not use the OneClickPolitics Service or related services. By using OCP, you agree to accept these T&C’s
The OneClickPolitics Service
OneClickPolitics is a communications service that facilitates sending messages to certain elected representatives, as well as certain non-elected but appointed officials and certain other individuals or organizations. OneClickPolitics routes your messages to the individuals and groups that you select, and delivers the messages using (but not restricted to) the following methods: email, fax, and web form submission. You are responsible for all of the content of the message – OneClickPolitics serves as a messaging intermediary at your behest.
You own all the content and information provided in your message or in support of your message, including but not limited to messages that you submit to the OneClickPolitics Service. (the “Content”). OCP takes no responsibility and assumes no liability for the proper or improper use of third party content or information; you assume responsibility for ensuring you have rights and permissions to all Content you use or post on the OCP website or through OCP tools.
- You understand that your content may appear in your USER profile or ORG profile.
- You further understand that at your selection, certain Content that you submit will, upon your selection, be sent to the message recipients you select for a message.
- For Content that is covered by intellectual property rights (“IP content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with OneClickPolitics (“IP License”). This IP License ends when you delete your account unless your IP content has been shared with others, and they have not deleted it.
- Although OCP assumes no ideological positions, it may at its sole judgment remove or not permit messages containing content it deems objectionable or inappropriate, e.g., messages advocating violence, containing profanity or hate speech, encouraging criminal behavior or fraud, or similar types of content.
You are required to register to use certain OCP customer services. To register you will need to create an account with OneClickPolitics and select a password and provide an email address belonging to you or use an affiliated service account, e.g., NationBuilder. You must provide OneClickPolitics with accurate, complete, and updated registration information. Failure to do so will be a breach of these T&C’s, and may result in immediate termination of your OneClickPolitics account. We require the following information:
- Your Organization’s Name
- Your Physical Address, Including Your US zip code
- Your Email Address
- Payment information
You may not:
- Use an email address belonging to anyone other than yourself or a point of contact within your organization;
- Use as a OneClickPolitics User ID a name subject to any rights of a person and/or entity other than you without appropriate authorization;
- OCP reserves the right to refuse registration of, or cancel, a OneClickPolitics account in its sole discretion.
OneClickPolitics users must provide their real names and information as required by the officials that they are attempting to contact, and we need your help to keep it that way. With respect to registering and maintaining the security of your account, do:
- not provide any false personal information on OneClickPolitics, or create an account for anyone other than yourself without permission.
- not use OneClickPolitics if you are under 13 and do not enable those under 13 to use OCP.
- keep your contact information accurate and up-to-date.
- not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- not transfer your account to anyone.
- understand we reserve the right to remove accounts if we believe appropriate.
Prohibited User Conduct
The message creation and routing service that OneClickPolitics provides allows Customers to write messages that state their opinions about issues and/or public officials. Customers shall not post or transmit through OneClickPolitics or the OneClickPolitics Service any material that violates or infringes upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without OCP’s express prior approval, contains advertising or any solicitation with respect to products or services. OCP retains the right, but is not obligated, to exclude or remove any material that violates these T&C’s, or that is deemed by it to be inappropriate, or to expose it to potential liability to third parties. However, given system constraints, OCP may not be able to identify all such messages and will not be held responsible for its failure to do so.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate. In addition, you will not use our copyrights or any confusingly similar marks, without our written permission and you will not post anyone’s identification or sensitive information on OneClickPolitics.
Additional Message Restrictions
OCP reserves the right, but is not obligated, to review all messages submitted by users. Do not send any message that violates these T&C’s. Messages that violate these T&C’s will be removed and will not be subject to refunds or other compensation.
There are no guarantees of any kind that messages sent to recipients will be received by these recipients. We reserve the right not to send any message for any reason we choose.
OCP shall have the right, but not the obligation, to monitor the content on the OneClickPolitics Service and OneClickPolitics and to exclude or remove any material that is deemed at its sole discretion to be inappropriate according to the above standards or otherwise objectionable, or to expose it to potential liability to third parties.
Third Party Content
OneClickPolitics contains content about public officials, government bodies and other information supplied by third parties. OCP does not guarantee the accuracy, completeness, or usefulness of any content.
Under no circumstances will OCP be liable for any loss or damage caused by your reliance on or use of information obtained through OneClickPolitics. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through OneClickPolitics.
This Service (including, but not limited to text, content, photographs, video and audio) is protected by copyright as a collective work or compilation under U.S. copyright and other laws. You must abide by all additional copyright notices or restrictions contained in this Service.
YOU MAY NOT COPY, REPRODUCE, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THIS SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THIS SERVICE FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE AS FOLLOWS: YOU MAY MAKE ONE MACHINE READABLE COPY AND/OR ONE PRINT COPY THAT IS LIMITED TO OCCASIONAL MESSAGES OF PERSONAL INTEREST ONLY. YOU MAY ALSO FORWARD, EMAIL, POST OR OTHERWISE DISSEMINATE MESSAGES SENT VIA OCP, SO LONG AS THE PURPOSE IS CONSISTENT WITH OCP’S PURPOSE AND IS INTENDED TO INCREASE THE NUMBER OF MESSAGES SENT TO GOVERNMENT OFFICIALS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU MAY NOT DISTRIBUTE ANY PART OF THIS SERVICE OVER ANY NETWORK, INCLUDING A LOCAL AREA NETWORK, NOR SELL NOR OFFER IT FOR SALE. IN ADDITION, THESE FILES MAY NOT BE USED TO CONSTRUCT ANY KIND OF DATABASE.
Disclaimer and Limitation of Liability
ALL CONTENT AND SERVICES ARE MADE AVAILABLE “AS IS.” OCP MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER REGARDING CONTENT, SERVICES, OR OTHERWISE, INCLUDING PERFORMANCE, RESULTS, SECURITY, NONINFRINGEMENT, MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OCP AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS INCLUDING ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY EVEN IF OCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. OCP DOES NOT GUARANTEE THAT OneClickPolitics WILL BE SAFE OR SECURE. OCP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” OUR AGGREGATE LIABILITY ARISING OUT OF THESE T&C’S WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OCP’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You shall indemnify, defend and hold OCP and its affiliates and their respective officers, directors, employees and agents harmless from and against any third party claims, losses, damages, liabilities, costs or expenses of any nature (including reasonable attorney’s fees) suffered or incurred by any of them to the extent that such are caused by or arise in connection with any breach by you of your obligations, restrictions or representations and warranties contained herein.
If you violate the letter or spirit of these T&C’s, or otherwise create possible legal exposure for us, we can stop providing all or part of OneClickPolitics to you.
Jurisdiction and Choice of Law and Venue
You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of, or relating to, these T&C’s or OneClickPolitics exclusively in a state or federal court located in New Castle County, Delaware. The laws of the State of Delaware will govern these T&C’s, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Newcastle, Delaware for the purpose of litigating all such claims.
These T&C’s makes up the entire agreement between the parties regarding OneClickPolitics, and supersedes any prior agreement(s). If any portion of these T&C’s is found to be unenforceable, the remaining portion will remain in full force and effect. Failure or delay in enforcing any or all of these T&C’s will not be considered a waiver. OCP may assign its rights or assign or delegate any of its obligations under these T&C’s without restriction. If any provision of these T&C’s is found illegal or unenforceable, the T&C’s will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these T&C’s will not be affected. Neither party hereto has relied on any statement, representation or promise of the other party or representative thereof in agreeing to these T&C’s. You will not transfer any of your rights or obligations under these T&C’s to anyone else without our consent. Nothing in these T&C’s shall prevent us from complying with the law. These T&C’s do not confer any third party beneficiary rights.
Date of Last Revision: 02/20/2014