Terms of Service

Last Updated: February 17, 2021

These Terms of Service (the “Terms”) are a legally binding contract and govern your access to, and use of, the website at http2://codefordemocracy.org and all of our other websites and/or subdomains to which these Terms are posted (collectively, the “Site”) and any services, application programming interface (“API”) and features made available by us through the Site, together with the Site (the “Services”) offered by Code for Democracy, Inc., a Massachusetts 501(c)(3) corporation (“CFD,” “we,” or “us”).

These Terms provide important information, including terms to grant us rights to User Contributions, our limitation of liability, your waiver of any right to participate in a class action, and your Terms to resolve any disputes between you and CFD by binding individual arbitration. By using the Services, you agree to be bound by these Terms.

It is important that you carefully read and understand these Terms. If you do not agree to these Terms, you should not use the Services.

1. Changes to these Terms or the Services

We reserve the right to change these Terms from time to time, in our sole discretion. In addition, we may change or stop providing the Services at any time. All changes are effective immediately. You agree that your continued use of the Services following such changes constitutes your acceptance of such changes to these Terms.

2. Site, Services, Content and Offer

In addition to the Services, we provide additional datasets, derivative information, materials, documentation and content depicted (collectively, the “CFD Content” or the “Content”). The Services and the Content are together defined as the “CFD Offering” or the “CFD Offer”. These Terms apply to your access and use of any component of the CFD Offer. Content and Services are sometimes grouped under core tiers (“Core Tiers”) and advanced tiers (“Advanced Tiers”), as may be further described on the Site.

3. Terms

Subject to the terms and conditions set forth herein, we provide the CFD Offer solely for your personal use or for non-commercial purposes of non-profit 501(c)(3) organizations. You agree not to use the CFD Offer for any other purpose except as expressly set forth herein. Use of the CFD Offer for commercial purposes involves a fee and is subject to terms mutually agreed upon by CFD and you in a separate agreement.

You agree to access and use the CFD Offer in accordance with state and federal laws that may restrict their use. You also agree to be the only individual or organization to access or use a CFD Offer and API key which it requested and which it is allocated by CFD. Sharing or distribution of CFD Offer and API keys is not permitted.

4. Attribution and Reporting

You agree to give clear attribution to CFD, on each web page, data set, or publication that in any way uses the CFD Offer by doing ALL of the following:

• Not obstruct or alter in any way the CFD logo and watermark from any material which includes it (e.g. graphs).
• Either,
  1. Displaying the CFD logo, at a minimum dimension of 120 pixels wide. The logo must hyperlink to https://codefordemocracy.org or to another page on the Site. Or,
  2. Displaying one of these text phrases: (a) Source: Code for Democracy (b) Data: Code for Democracy (c) Data source: Code for Democracy. Either the entire text phrase, or the “Code for Democracy” within the text phrase, must hyperlink to https://codefordemocracy.org or to another page on the Site.
• Displaying the logo and text phrase specified in (1) and (2) above as close as possible to the information being displayed from the Services. Both the logo and text phrase specified in (1) and (2) must be immediately visible, without requiring user interaction such as mouseover, typing or clicking. Printed (non-electronic) publications must include the logo and text phrase specified in (1) and (2) but are not required to provide hyperlinks. Exceptions to these terms of attribution must be agreed upon in advance in writing by CFD.
• You agree to allow CFD to publicly cite you and your use case of the CFD Offer on the CFD web site and for promotional material.
• You will in no way imply or claim any endorsement by CFD. CFD is a non-partisan organization and such claims are strictly prohibited.
• Upon CFD’s request, you will provide CFD with written monthly traffic statistics (visitors and page views) for web pages that use data from the Services. CFD does not distribute user-specific statistics of usage except in cases where it has obtained User’s permission. CFD does, however, reserve the right to publish usage statistics aggregated across multiple users.
• Upon CFD’s request, you will promptly cease attribution to CFD, including, without limitation, use of the CFD logo and name as described above.

5. Your Use of the Services

Subject to these Terms, CFD grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by CFD in the manner permitted by these Terms. The rights granted to you constitute a limited license and not a transfer of title. All right, title, and interest in and to the Services (excluding User Contributions, as defined below) are and will remain the exclusive property of CFD and its affiliates.

The CFD Offer is protected by copyright, trademark, trade secrets, and other intellectual property laws. We do not grant you any licenses, express or implied, to the intellectual property of CFD or our licensors, except as expressly stated in these Terms. We and our third-party licensors retain all right, title, and interest in and to the Site, Services, any Content or part of the CFD Offer, and any associated patents, trademarks, copyrights, mask works, trade secrets, and other intellectual property.

6. User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons, content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the Content Standards set out in Section 8. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site you grant us and our affiliates, our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

7. Your Conduct

You may not restrict or inhibit any other person from using or enjoying the CFD Offer. We may modify the CFD Offer from time to time in our sole discretion and without liability to you and reserve the right, in our sole discretion, to remove or deny or limit access to any or all parts of the CFD Offer. Use of the CFD Offer does not entitle you to any technical support.

Except as expressly provided by these Terms or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the CFD Offer in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Content, except as expressly authorized by us; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to, or sublicense any portion of the CFD Offer to a third party; (e) use any portion of the CFD Offer to provide, or incorporate any portion of the CFD Offer into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Services; (g) modify the CFD Offer or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the CFD Offer; (i) use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (j) incite, or cause to incite, hatred, racism or violence; or (i) use the CFD Offer for any illegal purpose. We may, but are not obligated to, monitor your use of the CFD Offer.

8. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, racist, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
• Be likely to deceive any person.
• Disparage any other user.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

9. Privacy Policy

Our Privacy Policy applies to your use of the Services, and its terms are made a part of these Terms and are incorporated herein by this reference. Please review our Privacy Policy for details on how we collect and use information in connection with the Services.

10. Third-Party Links

The Services may contain links to websites and applications operated by parties other than CFD. We provide such links for your reference only. We do not control such third-party websites and applications and are not responsible for their availability or content. Our inclusion of such links does not imply CFD’s endorsement of the material on such third-party websites and applications or any association with their operators. We assume no liability whatsoever for such third-party websites and applications or any content, features, products, or services made available through such third-party websites and applications.

11. Developer Documentation

In accessing or using the Services, you must comply with the technical documentation, usage guidelines, call volume limits, and other documentation (“Documentation”). We may consent in writing (email acceptable) to increase the call volume limits, in which case such increased limits shall apply unless and until Company revokes such consent (email acceptable). In the event of any conflict between the Documentation and these Terms, these Terms shall control.

12. Compliance with Applicable Law

We make no representations that the CFD Offer is appropriate or available for use in all locations. If you access the Site, you do so at your own risk, and you are responsible for complying with all applicable laws, rules, and regulations. We may limit the availability of the CFD Offer, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

13. Indemnification

You agree to indemnify, hold harmless, and (at our request) defend CFD, its affiliates, and its and their representatives, agents, directors, managers, officers, and employees, from and against all claims and demands (including reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Services, your breach or alleged breach of these Terms, or your violation of any rights of another.

14. Disclaimers and Limitation of Liability

THE SERVICES, ALL CFD CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CFD DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CFD WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. CFD WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS.

IN NO EVENT WILL CFD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY OF ANY KIND OR UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE TERMS, ANY USE OF THE SERVICES OR CFD CONTENT, OR ANY FAILURE OR DELAY RELATING TO THE SERVICES. IN NO EVENT SHALL CFD’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF TWENTY-FIVE DOLLARS ($25.00) OR THE AMOUNTS PAID BY YOU TO CFD THE PAST THREE MONTHS FOR THE SERVICES.

15. Copyright Policy/Intellectual Property Policy

We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged intellectual property infringement, including but not limited to copyright infringement, that comply with applicable law and are properly provided to us. If you believe that any of your User Contributions has been copied in a way that constitutes copyright infringement, please submit a claim by e-mailing us or by writing to us at the contact information provided below.

16. Term and Termination

These Terms are effective as of the date you first access or use the CFD Offer and will remain in effect for the duration of your access or use, unless earlier terminated as provided herein. We may terminate or suspend your ability to use any or all of the Services and may terminate these Terms effective immediately, without notice or explanation to you. Without limiting the foregoing, we may suspend your access to the Services if we believe you have breached any term of these Terms. The termination of these Terms will not affect any of our rights or your obligations arising under these Terms, and you agree that CFD will not be liable to you for any termination of these Terms or for any effects of any termination of these Terms. You are free to discontinue your use of the Services at any time.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, or any part or portion thereof. Nothing in these Terms will be construed to obligate CFD to maintain or support the Services, or any part or portion thereof, during the term of these Terms.

17. Fees

The Core Tier of the CFD Offer is available free of charge for 501(c)(3) organizations and against a fee for commercial use and for republishing. The Advanced Tier of the CFD Offer is available for a fee subject to terms mutually agreed upon by CFD and you in a separate written agreement.

Contact us to inquire about commercial use licenses, and for more information on the Core Tier and the Advanced Tier offerings.

As prescribed by CFD, for certain Services and Content, you shall pay the fees set forth on an applicable order form, or if no such form is entered into, you shall access CFD Offer at no charge. All fees paid for the Services shall be non-refundable, and payable in US dollars on the date they come due. Fees will be payable in the manner specified by CFD. If based on CFD invoices, such fees shall be payable within fifteen (15) days from the date on the applicable invoice. You shall also pay all sales, use, value-added and other taxes, tariffs and duties of any type assessed against CFD except for taxes on CFD’s income. In addition to any other rights we may have, CFD shall have the right to terminate these Terms upon your failure to make any payment due by the due date. Interest will accrue on past due amounts at the rate of 1.5% per month (or any lower legal maximum). In addition, CFD may disable access to the CFD Offer in the event of a failure to pay.

18. Dispute Resolution

You and CFD agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and CFD each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and CFD agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the Terms contained in these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.

Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

Arbitration Location and Procedure. Unless you and CFD agree otherwise, the arbitration will be conducted in San Francisco, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and CFD submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.

19. General

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction. Any claims, legal proceedings or litigation arising in connection with these Terms or the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in San Francisco County. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms by its express Terms. These Terms, including our Privacy Policy, constitutes the entire Terms between you and us relating to your use of the Services and supersedes and replaces any prior Terms and communication between you and us, except as otherwise set forth herein. These Terms and any rights hereunder may not be transferred or assigned by you, but you agree that we may assign these Terms without restriction and without your prior consent. Any attempted transfer or assignment by you without our prior written consent will be null and void. The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. If any provision of these Terms, including the Privacy Policy, is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force. The section headings used herein are for convenience only and will not be given any legal import.