Election 2020, You Decide™ Terms of Service
Welcome to Election 2020, You Decide! Please review these Terms of Service, as your use of this website or any services in connection with this website is governed by these Terms of Service and other agreements. If you do not have legal authority to enter into a contract, you may not use our website or services.
1. Overview. This Terms of Service Agreement (“Agreement”) explains what you can expect from Election 2020, You Decide and what we can expect from you. This Agreement applies to our website located at www.electionfun.com and to all our services (the “Services”). This Agreement at times refers to other documents which apply as well—your use of our Services means that you have reviewed these documents, you understand them, and you agree to them. If anything is unclear, just ask!
2. The Players. In this Agreement, words like we, our, and us refer to the operators of Election 2020, You Decide. Currently this is Play For Fun, LLC, but we have the right to change this legal entity at any time. Words like you, your, and User refer to you—the individual using our Services, and any legal entity or person you represent. If you claim to be representing a legal entity or other individuals, keep in mind that by using our Services you warrant you have the authority to bind them.
4. Our Intellectual Property. While we encourage you to share your experience with our Services with others, you may not use any of our intellectual property for any purpose, including commercial purposes, without our written consent. This includes our business names, trademarks, copyrights, patents, trade secrets, trade dress, and promotional materials. You may use the Election 2020, You Decide name in plain text for descriptive purposes, such as in a signature block or address listing, but you may not use it in other ways like domain names, social media profiles, etc.
5. Your Subscription Agreement and End User License Agreement. To the extent that your Subscription Agreement or End User License Agreement contains terms that are inconsistent with this Agreement, the applicable terms and conditions of your Subscription Agreement or End User License Agreement shall control.
6. Waiver of Claims and Limitation of Liability. You waive all legal claims against us and our affiliates, parents, and successors, and each of our and their employees, assignees, officers, agents, and directors (collectively, the “Election 2020, You Decide Parties”), resulting from injury or damage to, or destruction, theft, or loss of, any property or person, except to the extent caused by gross negligence, willful misconduct, or fraud. You agree that the aggregate monetary liability for any claim against the Election 2020, You Decide Parties is limited to the total amount you have paid to us in the 12 months prior to the claim. You further agree that the Election 2020, You Decide Parties will not be liable, under any claim, for any indirect, special, incidental, consequential, reliance, or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. Lastly, you agree that any claim must be commenced within one year of the claim’s accrual.
7. Indemnification and Responsibility. You are responsible for your actions, and for the actions of any person or entity you represent. You further indemnify us against any claims resulting from your breach of this agreement, or from the actions or omissions of you or any company you represent, except to the extent a claim results from the gross negligence, willful misconduct or fraud of the Election 2020, You Decide Parties. You are responsible for maintaining, at your own expense, insurance in the amount appropriate to your business.
8. Severability. Each provision of this Agreement must be interpreted in a way that is valid under applicable law. If any provision is held invalid, the rest of the Agreement will remain in full effect.
9. Relationship of the parties. Users are not employees, agents, or partners of Election 2020, You Decide. Neither party will in any way misrepresent our relationship. No attorney-client relationship is formed by use of this website or our Services.
10. No Assignment. Except in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all the shares or assets of your legal entity, you may not transfer or otherwise assign any of your rights or obligations under this agreement (including by operation of law) without our prior consent. We may assign this agreement without your consent.
11. Compliance with Laws. You represent that you will conduct your operations ethically and in accordance with all applicable laws.
12. Survival. Even after this Agreement is terminated, certain terms will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
13. Governing Law. This Agreement and any associated transactions are governed and interpreted by the laws of the State of Texas without regard to conflicts of law provisions.
14. Venue. Any lawsuit arising directly or indirectly out of this Agreement shall be litigated in the District Court for Dallas County, Texas or in the United States District Court for the Northern District of Texas.
15. Dispute Resolution. At our sole discretion, we may require that any dispute, controversy or claim between you and us that arises directly or indirectly from this Agreement be subject to binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law by a single arbitrator. The place of any arbitration will be Dallas, Texas. The award rendered will be final and binding on both parties, and judgment on the award may be entered in any court of competent jurisdiction. In any action to enforce rights under this agreement, the prevailing party will be entitled to recover its reasonable attorneys fees, and other fees, costs, and expenses of every kind in connection with the action, the collection of any award, and the enforcement of any order, as determined by the arbitrator or court.
16. Class Action Waiver. Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. BY USING OUR SERVICES YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.