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Progressive San Diego
Terms of Use
Acceptance of Terms
Progressive San Diego Committee (the
"Committee") welcomes you to use our suite of
websites and online tools and resources,
together referred to as the "Service." The
Committee provides its online Service to you
subject to the following Terms of Use ("TOU"),
which may be updated from time to time without
notice to you. You can review the most current
version of the TOU at any time at
ProgressiveSD.org/terms. In addition, you shall
be subject to any posted guidelines or rules
applicable to such Service, which may be posted
from time to time. All such guidelines or rules
are hereby incorporated by reference into the
TOU. By using the Service in any way, you are
agreeing to fully comply with the TOU, and
should you object to any term or condition for
the use of the Service or contained in the TOU,
your only recourse is to discontinue using the
Service.
User Content
Through the Service, you may have opportunities
to post your own Content. Content includes, but
is not limited to, postings, stories, messages,
emails, texts, images, phoTOU, video, or other
material ("Content"). The Committee may require
you to register to utilize some or all of the
Committee's Services. You agree to provide
accurate, complete and current information about
yourself in all required fields. The Committee
reserves the right to terminate your
registration and to refuse or remove any of your
Content, if it believes that the information
provided by you is false, inaccurate or
incomplete.
Content posted by users does not represent the
opinion of the Committee, its principal or
representatives. All Content is the sole
responsibility of the person from whom the
Content originated, and you agree that users
bear all legal liability resulting from the
posting of Content. The Committee makes no
representations as to the accuracy or validity
of user-generated Content and is not liable in
any way for the use of or reliance upon such
Content. Whenever possible, such information is
marked with the name of the source. The
Committee reserves the right to pre-screen,
move, refuse, or remove any of your Content, or
to bar access to the Service, at any time for
any reason and without prior notice.
By using the service, you may be exposed to
Content that you find indecent, offensive or
otherwise objectionable. You may report such
Content or other Content or conduct that
violates these TOU. However, the Committee will
determine, without limitation and in its sole
discretion, as what action, if any, should be
taken with respect to such activity.
You agree that the Committee may establish
separate Guidelines and/or limits for the use of
the Service. These may include additional
Guidelines pertaining to the etiquette of use,
as need be, as well as limits on the amount of
Content and the frequency of postings.
Proprietary Information
The Committee's site may contain proprietary
information and all information contained in the
Committee's Service is protected by all
applicable copyright, trademark and intellectual
property laws to the maximum extent permitted.
You acknowledge that all code and specifications
are subject to the respective express or implied
licenses. As a user, when you provide any
Content, you automatically grant to the
Committee a worldwide, irrevocable, perpetual,
non-exclusive, and fully sublicensable license
to use, copy, perform, display, and distribute
the Content that you have provided. You agree
not to reproduce, duplicate, copy, sell,
exploit, or otherwise use any Content, in full
or part, or any use or access to the Service,
without the express written consent of the
Committee.
The Committee reserves the right to use your
Content in promotional, advertising, fundraising
or other material that furthers the Committee's
purpose, without compensation. The Committee has
also implemented a privacy policy, which you may
refer to, in order to learn how the Committee
uses information that you provide.
User Conduct
You agree that all postings and communications
you make through the Service are your sole
responsibility. This means that you, and not the
Committee, are entirely responsible for all
Content you post. You agree to not use the
Service (and you agree not to allow others to
use the Service) to:
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Upload, post, email, transmit or otherwise
make available any Content or otherwise use
the Service in a manner that is unlawful,
harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, pornographic,
obscene, or libelous;
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upload, post, email, transmit or otherwise
make available any Content or otherwise use
the Service in a manner that is hateful or
discriminatory against any individual or
group on the basis of race, religion,
gender, age, sexual orientation, ethnicity,
or disability, or promotes physical harm or
injury against any individual or group;
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upload, post, email, transmit or otherwise
make available any Content or otherwise use
the Service in a manner that is harmful to
minors in any way;
impersonate any person or entity, or falsely
states or otherwise misrepresents your
identity or affiliation with another person
or entity;
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stalk or harass another person or entity;
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employ misleading email addresses, forged
headers, or other manipulated identifiers;
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upload, post, email, transmit or otherwise
make available any Content that you do not
have a right to make available under any law
or under contractual or fiduciary
relationships;
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upload, post, email, transmit or otherwise
make available any Content or otherwise use
the Service in a manner that infringes any
patent, trademark, trade secret, copyright
or other proprietary rights of any party;
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upload, post, email, transmit or otherwise
make available any Content or otherwise use
the Service in a manner that is invasive to
another's privacy or includes personal or
identifying information about another
person, without that person's explicit
consent;
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upload, post, email, transmit or otherwise
make available any Content or otherwise use
the Service in a manner that violates,
intentionally or unintentionally, the rules
of the Federal Election Commission or any
other applicable federal, state, or local
laws, or to promote or provide instructional
materials about illegal activities;
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upload, post, email, transmit or otherwise
make available any unsolicited or
unauthorized advertising, promotional
materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other
form of commercial solicitation;
upload, post, email, transmit or otherwise
make available any Content that contains
software viruses or any other computer
codes, files or programs designed to
interrupt, destroy or limit the
functionality of any computer software or
hardware or telecommunications equipment;
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upload, post, email, transmit or otherwise
make available any Content or use the
Service to interfere with or disrupt the
Service, or servers or networks connected to
the Service;
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upload, post, email, transmit or otherwise
make available any Content or use the
Service to collect or store personal data
about other users for commercial purposes or
engage in commercial activities, without the
Committee's prior approval.
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Any use of the Service that is in violation
of the above will be subject to immediate
removal and user/account suspension or
termination, at the sole discretion of the
Committee.
Modifications to Service
The Committee reserves the right at any time and
from time to time to modify, limit or
discontinue, temporarily or permanently, the
Service (or any part thereof) with or without
notice. You agree that The Committee shall not
be liable to you or to any third party for any
modification, suspension or discontinuance of
the Service.
Linking
The Committee may, from time-to-time, link to
other websites which are operated independently
from the Committee, including websites of other
campaigns, political parties, political
organizations, allied organization, government
agencies, vendors, and news media. You agree
that your linking to any such website is at your
own risk, and the Committee bears no
responsibility for your linking or for the
content or information contained in any such
website, including the accuracy thereof.
Disclaimer of Warranties
YOU AGREE AND ACKNOWLEDGE THAT THE COMMITTEE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE COMMITTEE
MAKES NO WARRANTY THAT THE SERVICE WILL MEET
YOUR REQUIREMENTS, THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. YOU AGREE AND ACKNOWLEDGE THAT YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. YOU AGREE AND ACKNOWLEDGE THAT
DOWNLOADING OR OTHERWISE OBTAINING MATERIAL
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK. THE COMMITTEE IS IN NO
WAY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU
AGREE AND ACKNOWLEDGE THAT NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM THE COMMITTEE OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS.
Limitation of Liability
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE
COMMITTEE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES EVEN IF THE COMMITTEE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, RESULTING FROM: THE USE OR THE
INABILITY TO USE THE SERVICE; THE COST OF
PROCUREMENT OF A SUBSTITUTE SERVICE AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR ANY OTHER MATTER RELATING TO THE
SERVICE.
Indemnification
You agree to indemnify and hold the Committee,
its principals, officers, directors, employees,
agents, successors, and assigns harmless from
any claim or demand, including reasonable
attorney fees and court costs, made by any third
party due to or arising out of Content that you
submit, post or make available through the
Committee's Service, of your use of the
Committee's Service, your violation of the TOU,
your breach of any of the representations and
warranties herein, or your violation of the
rights of another.
Governing Law
You agree and acknowledge that the laws of the
State of California shall govern the Terms and
the relationship between you and the Committee
without regard to its conflict of law
provisions. You agree and acknowledge to submit
to the personal and exclusive jurisdiction of
the courts located within the District of
Columbia. You agree and acknowledge that
regardless of any statute or law to the
contrary, any claim or cause of action arising
out of or related to use of the Service or the
Terms must be filed within one (1) year after
such claim or cause of action arose or forever
be barred.
Miscellaneous
The Terms constitutes the entire agreement
between you and the Committee and governs your
use of the Service, superseding any prior
agreements between you and the Committee. The
Committee's failure of to exercise or enforce
any right or provision of the Terms shall not
constitute a waiver of such right or provision.
If any provision of the Terms is found by a
court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court
should endeavor to give effect to the parties'
intentions as reflected in the provision, and
the other provisions of the Terms remain in full
force and effect.
Reporting of Violations
Please report any violations to:
Progressive San Diego
P.O. Box 60458
San Diego, CA 92166
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