Election Warranty™ Terms of Use
Effective as of publication to our website on October 12th, 2023
You, the "User", agree to all of the provisions below:
1. Introduction
This policy, the Election Warranty™ "Terms of Use", as well as any other terms, conditions, and/or policies posted on our website, govern the terms under which Election Warranty™ provides access and use of our websites, tools, applications and services (referred to collectively as our "Services").
By using our Services, you are entering into a legally binding contract with Ryan Stephen Ehrenreich, 6241 Freedom Lane, Citrus Heights, CA 95621, who shall be referred to as "Ryan Stephen Ehrenreich", "Ryan Ehrenreich", "Election Warranty™", "Election Warranty", "electionwarranty.com™", "electionwarranty.com", "us", or "we" within this agreement.
In the event that either side enters a claim or dispute against the other, these "Terms of Use" govern how such claims or disputes shall be resolved.
2. General Notice
Your use of our Services confirms your acceptance of this agreement, our current "Terms of Use", by you, as well as the acceptance of this agreement by any business entity (or other type of organization) that you interact on behalf of, as described below.
We may at any time of our choosing update our "Terms of Use" currently in effect by posting a new version of our "Terms of Use" on our website. Your continued use of our Services confirms your acceptance of such updates to our "Terms of Use".
If any provision of this agreement is legally void, invalid, or unenforceable, such provision shall be struck out, but any other provisions shall remain valid and enforceable to the maximum extent allowed by the law.
By omitting reference to any specific matter, we do not waive any right or accept any limitation in regards to such matter.
As our Services are currently in development, we do NOT guarantee any specific level of service in regards to the availability or performance of our Services, as our Services may cease or transition in nature at any time. Accordingly, any Services that we provide may terminate and/or any user information that has been entered into our systems may become inaccessible at any time in the future. Such termination or inaccessibility, or any other reduction in or disruption to access to our Services, would NOT provide Users with any cause for claim against us.
In the event that Election Warranty™ transitions to a new legal entity (or other type of organization), Election Warranty™ is absorbed into another legal entity (or other type of organization), or the properties of Election Warranty™ change ownership in any manner, we may assign this agreement for any reason and at our will, without the need to obtain any new consent from you (the other party).
In the event that you use our Services on behalf of a business entity (or other type of organization), you affirm and guarantee that you are authorized to such usage on behalf of said business entity (or other type of organization), that said business entity (or other type of organization) agrees to these Terms of Use, and that any Election Warranty™ User Account that is used to access or utilize our Services on behalf of said business entity (or other type of organization) remains owned and controlled by that business entity (or other type of organization).
By using our website and/or services, you also confirm your agreement, as well as the agreement of any business entity (or other type of organization) that you interact on behalf of, to our Privacy Policy (see https://electionwarranty.com/PrivacyPolicy.html).
The name "Election Warranty™" and other Election Warranty™ marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Election Warranty™ and may not be used without the express written consent of Ryan Stephen Ehrenreich.
3. Election Warranty™ Purpose
The purpose of Election Warranty™ is to host the internet presence of the U.S. Presidential Campaign of Ryan Stephen Ehrenreich, both for the 2024 U.S. Presidential Election and, going forward, for ALL future U.S. Presidential Elections, until such time that Ryan Stephen Ehrenreich has served two complete terms as President of the United States of America.
In regards to any User-Generated Content posted on Election Warranty™, Election Warranty™ is not responsible for such content and does not vet or warrant the truthfulness, correctness or legality of such content and may not be held liable for detrimental result that arises from such content.
Although Election Warranty™ may offer to help facilitate interactions or provide advice on aspects of interactions between Users, it is your decision to use those facilitations and/or advice, or to refrain from doing so. Your decision to use any of our facilitations and/or advice, or not to do so, does NOT confer any liability upon us for the effects and/or outcomes related to your decision.
Election Warranty™ does NOT warrant or guarantee any aspect of any User-Generated Content displayed (or otherwise marketed or provided) to you through any of its Services and does NOT incur any liability in regards to such information posted using our Services.
4. Election Warranty™ Usage
You agree to use Election Warranty™'s Services in "good faith" under the Purpose for which they are provided, namely to host the internet presence of the U.S. Presidential Campaign of Ryan Stephen Ehrenreich and build a base of Users that have affinity for his candidacy. Additionally, you agree NOT to use any aspect of any of our Services to compete with or reverse-engineer the properties of Election Warranty™ for any reason.
If you are deemed to NOT be using Election Warranty™'s Services in "good faith", your access to our Services may be altered, suspended, or terminated, as we see fit. In resolving such matters of misuse, we reserve the right to take any action available to us to restrict or prevent the usage of our Services in such regard. Any leniency shown to any specific User in any regard does NOT guarantee that such leniency will be afforded to any other User.
We reserve the right to refuse, preclude, modify, or terminate our Services for any potential or actual User at any time, as we see fit in regards to any potential or actual User.
Additionally, by using our Services, you stipulate that:
1) You are at least 18 years of age and capable of entering into legally binding contracts,
2) You will only post information that is to the best of your knowledge BOTH correct AND accurate, and that you accept full responsibility for the correctness and accuracy of such information,
3) You will NOT breach any government laws or regulations in your usage of our Services,
4) You will NOT breach or circumvent any aspect of these Terms of Use or any other policies under which we provide Services to you,
5) You will NOT impugn, undermine, or interfere with any Website Content or User-Generated Content for any purpose that is NOT in "good faith",
6) You will NOT use our Services in a manner that attacks or otherwise weakens the performance of our systems,
7) You will NOT post information that is inappropriate, libelous, deceptive, false or misleading,
8) You will NOT infringe any Intellectual Property (IP) rights of Election Warranty™, whether patent, trademark, copyright, or other,
9) You will NOT infringe any Intellectual Property (IP) rights of any other User whose information you gain access to through our Services,
10) You will NOT post malicious, abusive, or otherwise detrimental content through our Services,
11) You will NOT use any information to which you gain access through our Services to post malicious, abusive, or otherwise detrimental content through our Services or elsewhere, and
12) You will not share your login credentials or transfer your account to another person without BOTH informing us AND gaining our consent prior to any such transfer.
5. Your Content
You agree to ONLY upload content through our Services that you are legally entitled to upload and that is in compliance with these Terms of Use. By uploading such content, you warrant that you hold all necessary legal rights to do so, and you agree to indemnify Election Warranty™ (and its ownership, officers, employees, representatives, and subsidiaries) in the event that any action detrimental to Election Warranty™ occurs as any consequence or result of the information that you uploaded.
Additionally, for any content that you upload, you agree to provide Election Warranty™ with a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, assignable, transferable, and sub-licensable right to reproduce, display, or otherwise use any and all Intellectual Property contained in that content for any purpose related to providing our Services, promoting our Services, marketing our Services, or any other function that is any way related to our Services.
In relation to any content that you uploaded, in the event a claim or dispute arises to which Election Warranty™ is a party, you agree to indemnify Election Warranty™ (and its ownership, officers, employees, representatives, and subsidiaries) against any penalty or any other detrimental result incurred against Election Warranty™ (or its ownership, officers, employees, representatives, and subsidiaries).
6. Contacting You
By registering for an Election Warranty™ User Account, you agree that Election Warranty™ may contact you by phone, email, physical mail, or any other means that you provide to Election Warranty™, whether directly or indirectly through other websites or systems, for any reason that Election Warranty™ deems necessary.
Examples of reasons to contact you include, but are not limited to: 1) verifying your identity, 2) helping you to use features of our systems, 3) notifying you of deficiencies in your account registration, 4) resolving a dispute, 5) troubleshooting or otherwise supporting Election Warranty™ account issues, 6) enforcing these Terms of Use, 7) or any other reason connected to your usage of our Services.
Additionally, when you supply any contact information to Election Warranty™ through its various web forms, regardless of whether or not you have formally registered for an Election Warranty™ User Account, you agree that Election Warranty™ may contact you or your organization by phone, email, physical mail, or any other means that you provide to Election Warranty™, whether directly or indirectly through other websites or systems, or by any other means that Election Warranty™ infers as corresponding to you from available information and/or resources for any reason that Election Warranty™ deems necessary.
Without further notice, Election Warranty™ may monitor or record any audio or video interaction with you (or agents interacting on your behalf) for the purpose of verifying any information that was provided, quality control, training, or otherwise as necessary for Election Warranty™'s own legal protection.
7. Disclaimer of Warranties
Our Services are provided "AS IS", without warranty of any kind (express or implied), including (but not limited to) the warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall Election Warranty™ be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, or in connection with our Services or the use or other dealings in our Services.
8. Limitation of Liability
To the maximum extent allowed by law, in no event shall Election Warranty™ (or its ownership, officers, employees, representatives, and subsidiaries) be liable to you or any third party for any damages, losses, or other detrimental outcomes under any claim at law or in equity that arises from the usage of our Services. You agree that Election Warranty™ (and its ownership, officers, employees, representatives, and subsidiaries) is expressly excluded from any responsibility in any regards for all such damages, losses, and other detrimental outcomes, regardless of the situation under which such claims arise.
9. Maximum Claim
As some jurisdictions preclude disclaimers of warranties and limitations of liability, regardless of the previous paragraphs, if Election Warranty™ (or its ownership, officers, employees, representatives, and subsidiaries) is found to be liable to you or any third party for any claim, the amount of the judgment shall not exceed the lesser of the amount of fees that you paid to Election Warranty™ in relation to the dispute for the prior twelve (12) months for use of our Services or $100.
10. Release
In the event that a dispute arises between you (or your representatives) and one or more other Users (or their representatives), you release Election Warranty™ (and its ownership, officers, employees, representatives, and subsidiaries) from claims, demands, penalties, damages, costs, or any other kind of repercussion, known or unknown, of such disputes. You also waive any protections that may limit the coverage of this release.
11. Indemnity
You agree to hold Election Warranty™ (and its ownership, officers, employees, representatives, and subsidiaries) harmless from any cost, penalty, damage, or other adverse or detrimental effect arising from any claim or demand made by any third party related to your improper use of our Services, your breach of these Terms of Use, or your breach of any law or rights of a third party.
12. Application of Law
You agree that the laws of the State of California (unless pre-empted by U.S. Federal Law) shall govern any disputes that arise between you and Election Warranty™, unless otherwise stated in these Terms of Use.
13. Agreement to Arbitration
For any claims or disputes that arise through your usage of our Services, both you and Election Warranty™ agree to use binding and final arbitration, rather than pursue legal action in court or any other action in any other venue other than arbitration.
Additionally, both you and Election Warranty™ agree that all such claims or disputes shall be brought forward on an individual basis, and neither side shall seek to consolidate similar claimants as a group or class. To this end, the arbitrator shall be powerless to resolve disputes brought forward as a group or class, and any relief decided by the arbitrator for a specific dispute shall only apply to the parties of that specific dispute.
Also, if you pursue claims or disputes by means of resolution other than arbitration, by using our Services, to the maximum extent allowed by law, you agree to indemnify Election Warranty™ (and its ownership, officers, employees, representatives, and subsidiaries) fully against any action brought by you or your representatives seeking a decision against Election Warranty™ (or its ownership, officers, employees, representatives, and subsidiaries) in any court or any other venue other than arbitration.
