Privacy Policy
Effective Date: February 4, 2025
This Privacy Policy (“Policy”) explains how Haley Stevens for Senate (“Campaign,” “us,” or “we” collects, uses, and shares the information of individuals who visit our website located at info@haleyformi.com and any other websites or online apps or services that link to this Policy (collectively, the “Site”).
By using the Site, you agree to the terms of the Privacy Policy in effect at the time of use. If you do not agree to the terms of this Privacy Policy, please do not use the Site.
Information Collection
When using our
Site, we may collect information directly from you, such as your name, address,
email address, phone number, and any other information you choose to provide.
If you make a donation or purchase, we will collect payment information and
other details needed for the transaction, such as billing and shipping information.
We collect this information when you subscribe to our mailing list, make
a donation or purchase, contact us through the Site, volunteer for the Campaign,
or interact with us for any other purpose.
We may also collect information about you from other individuals and organizations, and we may combine this information with any information that you provide to us.
We (or authorized third parties on the Site) may also collect information automatically when you visit the Site, such as the following:
- Browser and Device Information. Certain information may be automatically collected by most browsers or devices, such as information about user devices (such as IP addresses and MAC addresses), operating systems, and browsers.
- Information Stored in Cookies. The Site may also use available web-based technologies to collect information, such as cookies, pixels, or web beacons. Cookies are pieces of information stored directly on users’ computers or devices. Cookies allow us to collect information such as browser type, time spent on online services, pages visited, referring URL, and other traffic and usage data. We may also use cookies for purposes such as determining what features interest our users, revising our site features or operations, and as further described below. For more information, see the Managing and Blocking Cookies, Your Choices, and Opt-out Preference Signals sections below.
- Pixel Tags and Log Files. The Site may also use other tracking systems such as log files and pixel tags. For example, pixel tags, sometimes called web beacons, are similar in function to a cookie and can tell us certain information like what content has been viewed.
- Information Collected in Connection with Analytics Technology. We may use various technologies to learn more about how visitors use the Websites and as part of our marketing activities, such as Google Analytics and Google AdSense Advertising. Google Analytics and Google AdSense Advertising uses cookies to help us analyze how visitors use the Site and tailor ads provider to users based on their interests and websites they have visited. The information generated by the cookies about your use of the Site includes your IP address and device IDs. If you so choose, you may be able to opt out by turning off cookies in the preferences settings in your browser. For more information on Google Analytics, including how Google Analytics collects, uses, and discloses information, refer to the following page: www.google.com/policies/privacy/partners/. To opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout/. We may also use other technologies to monitor your activities on our Site.
In addition, the Federal Election Commission (“FEC”) may require us to collect certain personal information from donors. For example, the FEC requires us to collect (and disclose) the name, mailing address, occupation, and employer of all individuals whose donations exceed $200 per election cycle.
On our Site, we may use one or more of the following cookies:
- Strictly Necessary Cookies. These are used to provide the Site and to prevent fraudulent activity, improve security, and for the administration of the Site.
- Functional and Preference Cookies. These are used to remember choices you make regarding the Site and help remember you when you visit the Site to manage your access and privileges.
- Performance Cookies. These are used to collect information of about how you use our Site and improve the Site’s performance by showing us pages you visit, any difficulties experienced, and whether or not the content provided is effective.
- Targeting Cookies. These cookies may be placed on our Site by us or our third-party partners and are used to show you advertisements for goods and services that are targeted to your interests based on your actions on our Site and information submitted by users of our Site. These personalized advertisements may appear on our Site or the websites of our third-party partners. We also use these to provide you with content that is tailored to your interests.
Managing and Blocking Cookies
Through browser settings, you can manage or block the use of cookies.
In addition, you can use opt-out tools for ad networks and firms who
participate in the Network Advertising Initiative as
http://optout.networkadvertising.org/ or the Digital Advertising
Alliance as http://optout.aboutads.info/.
To effectively manage cookies via browser settings or through these ad industry opt-out tools, you must opt-out and set cookie preferences on all browsers and all devices that you use. If you clear the browser cache or cookies, be sure to reset your preferences.
Please note that blocking or disabling cookies may prevent or impair functionality and use of the Websites.
Please see your browsers help files for additional information about viewing and changing your browser settings to manage or block cookies.
Information Use
We may use your
information for any lawful purpose, including the following:
- To respond to your inquiries;
- To provide the products or information that you request;
- To operate, personalize, and improve the Site, including for analytics purposes;
- Operating, evaluating, debugging, identifying and repairing errors, effectuating similar functional enhancements, and improving our Site;
- To send Campaign updates and other communications that may be of interest to you;
- To comply with the law and to maintain the security of our Site; or
- With your consent, or as otherwise disclosed at the time information is collected.
Information Sharing
We may share
the information we collect with other parties, including the
following:
- Candidates, organizations, campaigns, groups, or causes that we believe have similar political viewpoints, principles, or objectives or share similar goals and with organizations that facilitate communications and information sharing among such groups; To report required information to the FEC, including name, mailing address, occupation, and name of employers of individuals whose contributions exceed $200 per election cycle (for additional information, visit the FEC website at http://www.fec.gov);
- Service providers or agents that perform activities for us, such as those for statistical analysis, payment processing, or sending you email or postal mail;
- As part of a change of corporate control or other transfer of all or part of our assets, including in the event of an insolvency, bankruptcy, or receivership, your information may be transferred as a business asset;
- Pursuant to a subpoena, court order, governmental inquiry, or other legal process or as otherwise required by law, or when needed in our judgment to protect our rights or the rights of third parties or for safety or security reasons;
- If reasonably necessary to protect our operations, staff, or users or detect, prevent or otherwise address fraud, security, or technical issues;
- With your consent or as otherwise disclosed at the time of data collection or sharing.
Our employees, volunteers, and agents may view your information to perform their jobs and address your needs. We authorize their access to your information on a need-to-know basis to provide you with information or services, or for one of the other reasons listed in this Policy.
Text messaging originator opt-in data and consent will not be shared with third parties, provided that we may share text messaging originator opt-in data and consent with our third-party vendors, consultants and other service providers who need access to such information to carry out work on our behalf (and who will not use such information for their own purposes); if we believe disclosure is required by law.
We may share information that has been anonymized or aggregated, without limitation.
Opt-out Preference Signals
We have
configured our Site to process opt-out preference signals, also
sometimes referred to as global privacy controls, that may allow you to
inform us of your desire to opt out of sales or sharing as described in
this Policy. Opt-out preference signals must be in a format commonly
used and recognized by businesses and be delivered by a platform,
technology, or mechanism that makes clear to consumers that the use of
the signal is meant to have the effect of opting the consumer out of
sales and sharing of personal information as described in this Policy.
If you do not have an account with us or are not logged into your
account, your opt-out preference signal will be linked to your browser
identifier only and may not be linked to other information, such as
account information, about you that we process that is not associated
with your browser identifier. For more information regarding global
privacy controls and how to use them please visit the GPC website,
https://globalprivacycontrol.org/.
Digital Advertising & Analytics
We
may partner with ad networks and other ad serving providers
(“Advertising Providers”) that serve ads on behalf of us and others on
non-affiliated platforms. Some of those ads may be personalized, meaning
that they are intended to be relevant to you based on information
Advertising Providers collect about your use of the Site and other sites
or apps over time, including information about relationships among
different browsers and devices. This type of advertising is known as
interest-based advertising or third-party behavioral tracking.
You may visit the DAA Webchoices tool at www.aboutads.info or the Network Advertising Initiative (“NAI”) at the NAI’s Site to learn more about this type of advertising and how to opt out of this advertising on websites by companies participating in the DAA and NAI self-regulatory program. If you delete your cookies or use a different browser or mobile device, you will need to renew your opt-out choices exercised through the DAA Webchoices tool. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. Additionally, your browser may offer tools to limit the use of cookies or to delete cookies; however, if you use these tools, our Site may not function as intended. If you agreed to receive future marketing communications directly from a third party through our Site, you will need to contact that party to opt-out of such communications.
Third-Party Links and Tools
The Site
may provide links to third-party websites or apps, including our social
media pages. We do not control the privacy practices of those websites
or apps, and they are not covered by this privacy notice. You should
review the privacy notices of other websites or apps that you use to
learn about their data practices.
The Site may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share personal information or you otherwise interact with these features on the Site, those companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public. Your interactions with third-party companies and your use of their features are governed by the privacy notices of the companies that provide those features. We encourage you to carefully read the privacy notices of any accounts you create and use.
Your Choices
You may choose not to
provide the information we request through the Site. However, not
providing information we request may restrict your ability to use
certain features of the Site. For example, you may be able to restrict
the collection of information or functionality through your device's
operating system or by disabling cookies but doing so may prevent you
from using the functionality of the Websites or Services. Some Internet
browsers have a “do-not-track” feature that let you tell the Websites or
Services that you do not want to have your online activities tracked. We
honor “do-not-track” signals and do not track, place cookies, or use
advertising when a “do-not-track” browser mechanism is in place.
To opt out of our email Campaign updates and donation requests, you can use the link provided at the bottom of each message. You may also opt out or unsubscribe from future emails by sending a request to info@haleyformi.com using the subject line “Unsubscribe from email communications.” To ensure your opt-out request is properly processed, be sure to send your message using the same email account to which we sent our correspondence.
Personal Information of Children
We
do not direct our Site to children under the age of 13 and do not
knowingly collect the personal information from children under the age
of 13 through our Websites. If you are the parent of a child under 13,
and you believe that you child has provided us with information about
him or herself, please contact us using the contact information in the
Contact section below. To learn more about how to protect your child
online, visit the Federal Trade Commission’s (“FTC”) website.
How We Protect Your Information
Our
Site is scanned on a regular basis for security holes, malware, and
known vulnerabilities in order to make your visit to our Site as safe as
possible.
Disclaimer
Our Site does not
constitute an offer or contract. Information on the Site may contain
inaccuracies or typographical errors. Information may be changed or
updated without notice.
Changes to Our Privacy Policy
If our
information practices change, we will post an updated version of this
privacy notice. We encourage you to visit this page periodically to
learn of any updates.
Contact
If you have questions,
comments, or concerns about this Policy, please contact us at:
info@haleyformi.com
Mobile Terms of Service
Haley Stevens for Senate mobile campaigns provide subscribers with updates, event invitations, donation asks and voting reminders.
By providing your mobile number and opting in, you agree to be contacted by or on behalf of Haley Stevens for Senate at the provided mobile number. This includes text messages for informational, product, or service-related purposes (e.g., donation requests, advocacy actions, etc.). Message frequency varies, and standard message and data rates may apply
You can cancel the SMS service at any time. Just text "STOP" to 80242. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword “HELP” for more assistance, or you can get help directly at info@haleyformi.com.
Carriers are not liable for delayed or undelivered messages. T-Mobile is not liable for delayed or undelivered messages
You can expect to receive no more than 2 text message(s) per day from Haley Stevens for Senate.
If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our Privacy Policy .
Haley Stevens for Senate Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile sites and other online offerings (collectively, the “Site”) provided by Haley Stevens for Congress (the “Campaign,” “we,” or “us”) that link to these Terms. By accessing or by using our Site, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Site or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.
If you have any questions about these Terms or our Site, please contact us at info@haleyformi.com.
Privacy
For information about how we collect, use,
share and otherwise process information about you, please see our
Privacy Policy above.
Consent to Use of Data and Mobile Communication; SMS Program Terms
You consent to our communicating with you about the Site and the
Campaign by SMS, text message, email or other electronic means. Your
carrier's normal messaging, data and other rates and fees will apply to
these communications.
If you subscribe to any text programs that the Campaign makes available, the above Mobile Terms of Service terms apply.
User Content
Our Site may allow you and other
users to create, post, store and share content, including messages,
comments, stories, text, photos, graphics, videos, music, and other
materials (collectively, “User Content”). You may also
submit User Content to the Campaign by other means, including email and
text message. Except for the license you grant below, you retain all
rights in and to your User Content, as between you and the Campaign.
By posting, submitting or otherwise providing any User Content to the Campaign, you grant the Campaign and its independent contractors, service providers, consultants and joint committee members, a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content with the Campaign, whether through our Site or otherwise, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others and you release the Campaign, and anyone acting under its authorization, from any claims that any use of your User Content as authorized herein violates any of your rights, including any rights of publicity or privacy.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
Prohibited Conduct and Content
You will not
violate any applicable law, contract, intellectual property right or
other third-party right or commit a tort in connection with any User
Content you post to the Site or otherwise provide to the Campaign, and
you are solely responsible for your conduct while using our Site. You
will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and the Campaign;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Site;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
- Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
- Use our Site other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
- Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
- Develop or use any applications that interact with our Site without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also post, submit, or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, submit, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with any person or entity;
- Contains any unsolicited promotions, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Site, or may expose the Campaign or others to any harm or liability of any type.
Enforcement is solely at the Campaign's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
Ownership; Limited License
The Site, including the
text, graphics, images, photographs, videos, illustrations and other
content contained therein, are owned by the Campaign or our licensors
and are protected under both United States and foreign laws. Except as
explicitly stated in these Terms, all rights in and to the Site are
reserved by us or our licensors. Subject to your compliance with these
Terms, you are hereby granted a limited, nonexclusive, nontransferable,
non-sublicensable, revocable license to access and use our Site for your
own personal, noncommercial use. Any use of the Site other than as
specifically authorized herein, without our prior written permission, is
strictly prohibited, will terminate the license granted herein and
violate our intellectual property rights.
Trademarks
Haley Stevens for Senate and our logos,
our product or service names, our slogans and the look and feel of the
Site are trademarks of the Campaign and may not be copied, imitated or
used, in whole or in part, without our prior written permission. All
other trademarks, registered trademarks, product names and Campaign
names or logos mentioned on the Site are the property of their
respective owners. Reference to any products, services, processes or
other information by trade name, trademark, manufacturer, supplier or
otherwise does not constitute or imply endorsement, sponsorship or
recommendation by us.
Feedback
ou may voluntarily post, submit or
otherwise communicate to us any questions, comments, suggestions, ideas,
original or creative materials or other information about the Campaign
or our Site (collectively, “Feedback”). You understand that we may use
such Feedback for any purpose, commercial or otherwise, without
acknowledgment or compensation to you, including, without limitation, to
develop, copy, publish, or improve the Feedback in Campaign’s sole
discretion. You understand that the Campaign may treat Feedback as
nonconfidential.
Repeat Infringer Policy; Copyright Complaints
In
accordance with the Digital Millennium Copyright Act and other
applicable law, we have adopted a policy of terminating, in
appropriate circumstances, the accounts of users who repeatedly
infringe the intellectual property rights of others. If you believe
that anything on our Site infringes any copyright that you own or
control, you may notify the Campaign’s designated agent as follows:
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Site is infringing, you may be liable to the Campaign for certain costs and damages.
Third-Party Content, Products, and Sites.
We may
provide information about third-party organizations, events, products,
services, or activities, or we may allow third parties to make their
content and information available on or through the Site (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 third party. The
Campaign does not control or endorse, and makes no representations or
warranties regarding, any Third-Party Content, and your access to and
use of such Third-Party Content is at your own risk.
Indemnification
To the fullest extent permitted by
applicable law, you will indemnify, defend and hold harmless the
Campaign and its independent contractors, service providers, and
consultants, successor organizations, and joint committee members, and
each of their respective officers, directors, agents, partners and
employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages,
expenses or costs (“Claims”) arising out of or related
to (a) your User Content or Feedback; (b) your violation of these Terms;
(c) your violation, misappropriation or infringement of any rights of
another (including intellectual property rights or privacy rights); or
(d) your misconduct in connection with the Site. You agree to promptly
notify Indemnified Parties of any third-party Claims, cooperate with
Indemnified Parties in defending such Claims and pay all fees, costs and
expenses associated with defending such Claims (including, but not
limited to, attorneys' fees). You also agree that the Indemnified
Parties will have control of the defense or settlement, at the
Indemnified Party's sole option, of any third-party Claims.
Dispute Resolution; Binding Arbitration
Please
read the following section carefully because it requires you to
arbitrate certain disputes and claims with the Campaign and limits the
manner in which you can seek relief from us, unless you opt out of
arbitration by following the instructions set forth below. No class or
representative actions or arbitrations are allowed under this
arbitration provision. In addition, arbitration precludes you from suing
in court or having a jury trial.
No Representative Actions. You and the Campaign agree that any dispute arising out of or related to these Terms or our Site is personal to you and the Campaign and that any dispute will be resolved solely through individual action, and will not be brought as, and you hereby waive the right to bring, a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or the Campaign seeks to bring an individual action in small claims court located in the county of your billing address, you and the Campaign waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Site, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against the Campaign you agree to first contact the Campaign and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to the Campaign by email at info@haleyformi.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and the Campaign cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in the state of Michigan unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. You and the Campaign agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and the Campaign agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, the Campaign, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and the Campaign agree that the courts of the state of Michigan and of the United States sitting in the state of Michigan have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and the Campaign will not have the right to assert the claim.
If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.
With respect to any text programs offered by the Campaign, the Campaign’s platform provider is a third-party beneficiary of the foregoing arbitration, class action, and jury waiver provisions.
Disclaimers
Your use of our Site is at your sole
risk. Except as otherwise provided in a writing by us, our Site and any
content therein are provided “as is” and “as available” without
warranties of any kind, either express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement. In addition, the
Campaign does not represent or warrant that our Site is accurate,
complete, reliable, current or error-free. While the Campaign attempts
to make your use of our Site safe, we cannot and do not represent or
warrant that our Site or servers are free of viruses or other harmful
components. You assume the entire risk as to the quality and performance
of the Site.
Limitation of Liability
IN NO EVENT SHALL
CAMPAIGN, OR OUR RESPECTIVE EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE
FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF
PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT
(INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE,
THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED
THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR
RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM
CAMPAIGN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO CAMPAIGN’S RECORDS, PROGRAMS OR SERVICES. IN
NO EVENT SHALL THE AGGREGATE LIABILITY OF CAMPAIGN, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR
IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING
OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE
SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CAMPAIGN FOR
ACCESS TO OR USE OF THE SITE.
Governing Law and Venue
Any dispute arising from
these Terms and your use of the Site will be governed by, construed, and
enforced in accordance with the laws of Michigan, except to the extent
preempted by U.S. federal law, without regard to conflict of law rules
or principles (whether of Michigan or any other jurisdiction) that would
cause the application of the laws of any other jurisdiction. Any dispute
between the parties will be resolved in the state or federal courts of
Michigan and the United States, respectively.
Modifying and Terminating our Site
We reserve the
right to modify our Site or to suspend or stop providing all or portions
of our Site at any time. You also have the right to stop using our Site
at any time. We are not responsible for any loss or harm related to your
inability to access or use our Site.
Severability
If any provision or part of a
provision of these Terms is unlawful, void or unenforceable, that
provision or part of the provision is deemed severable from these Terms
and does not affect the validity and enforceability of any remaining
provisions.
Miscellaneous
The failure of the Campaign to
exercise or enforce any right or provision of these Terms will not
operate as a waiver of such right or provision. The section titles in
these Terms are for convenience only and have no legal or contractual
effect. Except as otherwise provided herein, these Terms are intended
solely for the benefit of the parties and are not intended to confer
third-party beneficiary rights upon any other person or entity. You
agree that the communications and transactions between us may be
conducted electronically.