PRIVACY POLICY/TERMS OF SERVICE | statehousedigital

PRIVACY AND COOKIES POLICY

Effective Date: February 1, 2018

 

INTRODUCTION

 

This privacy policy ("Privacy Policy") is incorporated by reference into the State House Digital and Advocacy LLC Terms of Use. The terms "State House Digital and Advocacy," “State House Digital,” "we," and "us" include State House Digital and Advocacy LLC, a New Jersey limited liability corporation.

 

This Privacy Policy explains how State House Digital may collect, use, disclose, and secure the personally identifiable information ("Personal Information") that we obtain through the State House Digital website (the “Site”) and the State House Digital Service, which includes all State House Digital online and offline products and services (the "Service"). By using the Site or the Service you are authorizing us to gather and retain data related to the provision of the Site and Service in accordance with this Privacy Policy, and (for non-EU residents) you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of New Jersey and the adjudication of any disputes arising in connection with State House Digital or the Site or Service will be in accordance with the Terms of Use.

 

THE CATEGORIES OF INFORMATION STATE HOUSE DIGITAL COLLECTS

 

The categories of Personal Information that we may collect from you or receive about you include, but are not limited to, the following: name, date of birth, email address, login/user ID and password details, booking requests, postal address, telephone number, other categories of information that may be designated “optional” at the time of submission, any information that you have made publicly available on social media networks when you use your social media login credentials to post a comment to the Site or Service, and, when combined with personal identifiers, information regarding your website browsing history, interests and demographic information such as age, gender and education level. Under certain limited circumstances we may collect your Social Security Number where required for reporting purposes. Personal Information does not include anonymous or aggregate statistical information that does not allow a third party to identify a specific individual. We reserve the right to use anonymous or aggregate data for any purpose, including, but not limited to, improving the content of our Site and the functionality of our Service, marketing, and analyzing the use of our Site and our Service. We may also disclose such anonymous aggregate information to our partners or third-party service providers, excluding any Personal Information, except as otherwise provided in this Privacy Policy.

 

HOW STATE HOUSE DIGITAL COLLECTS YOUR INFORMATION

 

We may collect your Personal Information when you:

 

Create an account on the Site or register to use the Service, either directly or by using your social networking credentials on the Site or Service or a third-party website;

Participate in our surveys, promotions and competitions;

Interact with us on various social media channels such as Facebook, Twitter, LinkedIn, etc.;

Post information to the Site or Service that includes Personal Information, for example, by posting in a chat room or on a blog post;

Communicate with us, for example, by submitting queries regarding the Site or the Service, interacting with our customer support, marketing or sales teams, or requesting additional information from us, including newsletters or other marketing materials; and

Sign up, in person or online, for events or programs that are run by us or by the third-party organizations that we partner with.

We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Site and/or Service. See below for more information on our use of cookies.

 

COOKIES, AUTOMATIC DATA COLLECTION AND RELATED TECHNOLOGIES

 

When you visit the Site or use the Service, we and our third-party service providers, which may include third-party analytics service providers and third-party advertisers, may use cookies, server logs, and other similar technology to collect and store your preferences, usage statistics, website traffic, and performance data, as well as other information such as your IP address, the type of Internet browser or device you use, any website you have come to the Site or Service from, and your operating system.

 

Cookies are small text files that include a unique reference code placed on a visitors' device to store their preferences and sometimes track information. Some of the cookies we use may last only for the duration of your web session and expire when you close your browser. Other cookies we may use remember you when you return to our Site or Service and will last for longer. Some cookies we may use may be necessary to enable you to move around the Site and use the Service, and they may enable us to provide you with the Services you have requested. “Performance cookies” collect aggregated, anonymous, statistical information on how visitors use our Site and Service. We may use this information to make improvements to the Site and our Service and to enhance your overall experience. Other cookies, called “functionality cookies,” allow the Site and Service to remember choices you make such as your user name when you login to your account or the language or region you are in. They may also be used to help you watch a video or comment on a blog and are intended to improve your online experience.

 

We and our third-party vendors may use first-party cookies and third-party cookies to gather information about the pages visited through our advertising partners, both on our Site as well as other websites that you visit, so as to place you in a "market segment." This information is then used by us and our third-party vendors to serve interest-based advertisements when you visit our Site and other websites. For more information about this type of interest-based advertising, and about how to opt-out of the automated collection of information by third-party ad networks, please visit the consumer opt-out page for the Self-Regulatory Principles for Online Behavioral Advertising at http://www.aboutads.info/choices/. Without these cookies, advertisements you encounter will be less relevant to you and to your interests.

 

We may also use services such as, but not limited to, Google Analytics Advertising Features including Google Analytics Remarketing to advertise across websites, Demographics and Interest Reporting, and AdWords and AdSense integrations to collect data about our Site traffic via advertising cookies and anonymous identifiers. Google or another similar service may serve ads across other websites that you visit based upon your past visits to our Site, and may also serve our advertisements on other websites. Site visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ad Settings found at https://www.google.com/settings/u/0/ads?hl=en. You can also opt-out of Google Analytics tracking with the Google Analytics opt-out browser add-on found at https://tools.google.com/dlpage/gaoptout/.

 

Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can use your browser to notify you each time a cookie is set or to block and delete cookies from your browser. However, please note that if you do that, the Site and Service may not work properly and you may not be able to take full advantage of the Site or our Service. You can learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browsers.

 

In addition to cookies, we may use the following similar technologies:

 

Pixel Gifs/web beacons: These are small image files that may be placed by us or third parties on the Site or Service, or within the body of our newsletters so we or third parties can understand which parts of the Site and Service are visited or whether particular content is of interest.

Flash cookies: Adobe Flash Player may be used by third parties serving advertisements to the Site in cases where these advertisements are served with flash related content. It is not possible to block or restrict or block flash cookies using your browser setting, however information on how to do this is available from the Adobe website at: http://www.adobe.com/products/flashplayer/security.

 

NOTICE TO JOB APPLICANTS

 

When you apply for a job posted on our Site, we may collect the Personal Information that you voluntarily submit to us, including, but not limited to: name, personal email address, telephone number, postal address, education, employment history and any other information included in a resume, cover letter or personal LinkedIn profile, gender, race or ethnic origin, veteran status, disability status and information relating to references. If you provide us with the details of a reference as part of your resume, it is your responsibility to obtain such third party’s consent prior to submitting their information to us. The Personal Information that you submit in connection with a job application will be used by State House Digital in accordance with this Privacy Policy and may be used for the following purposes: to evaluate your capabilities and qualifications for a job; to conduct reference checks; and to clear conflicts of interest and conduct background checks, if applicable. If you become an employee or contractor, any Personal Information you submit will become a part of your file and may be used for other employment/work related purposes.

 

If you are located outside of the United States, please note that the Personal Information that you submit will be stored in the United States (and may also be stored in the relevant jurisdiction(s) if the job relates to one of our affiliated entities outside of the United States), and you consent to the transfer, storage and processing of your information in the United States. To the extent your Personal Information contains details of your race or ethnic origin or physical or mental health or condition, you expressly consent to the collection, storage and processing of this information for the purposes of your job application.

 

HOW STATE HOUSE DIGITAL USES YOUR INFORMATION

 

We use Personal Information in the following ways:

 

To identify you and your account and to enable you to register to use the Service;

To provide our Site and its content to you and to enhance users’ experience;

To provide and facilitate the Service;

To respond to your communications and to send you information that you request or agree to receive, via regular or electronic mail, text message, or other marketing channels;

To notify you about changes to our Site, Service or practices;

To improve the functionality of the Site or Service, customer service and for other internal business purposes;

To monitor the Site and Service for security purposes;

To display content to you, including advertisements, on social media channels (e.g., Facebook, Twitter, LinkedIn, etc.); and

To send you advertisements or other marketing materials via email, text message, or other marketing channels about other programs, promotions, or services (or those of our affiliates), including our newsletter, that we think may be of interest to you if you have requested or agreed to receive such information, or where we are otherwise permitted by local law to contact you for these purposes.

How to opt-out of future communications. If you do not want us to contact you with marketing communications or other information regarding our products and services (or if you agreed to be contacted for such purposes at the point Personal Information was collected by us but you no longer wish to be contacted or have your information used in such way), you can let us know by following the unsubscribe instructions on any communications sent to you.

 

Please note that if you have registered an account on the Site or Service, we reserve the right to send you certain communications relating to your account, your registration, and your use of the Site and Service such as messages relating to account management, customer service, and system maintenance. These transactional account messages may be unaffected if you choose to opt-out of marketing communications.

 

HOW STATE HOUSE DIGITAL MAY SHARE YOUR INFORMATION

 

We Use Vendors and Third-Party Service Providers. We may share any information we receive, including your Personal Information, with vendors and third-party service providers in connection with the provision of the Site or Service.

 

Payments made through our secure payment solutions providers. You will be providing debit or credit card information directly to our payment solutions providers that operate a secure server to process payment details, encrypting your credit/debit card information and authorizing payment. Information that you supply to our payment solutions providers is not stored by us or within our control, and is subject to each of our payment solutions providers’ own privacy policies and terms and conditions.

 

Events and Partnerships. From time to time, we may partner with other organizations to run events. If you register for an event on our Site and we indicate on our Site that the event is in partnership with or sponsored by another organization, in circumstances where either you agreed to be contacted by marketing communications at the time we collected your information or where we are otherwise permitted by local law to contact you for marketing purposes, your email address may be available to that organization and you may receive emails from them after the event. Please refer to that organization’s privacy policy for information on how to opt-out of their communications should you receive an email from them but no longer wish to be contacted by them.

 

Displaying to Other Users. Some content that you post to the Site or Service may be displayed publicly. Other users of the Site or Service may be able to see some information about you, such as information contained in comments posted in a chat room or on a blog post. You should exercise caution when using public forums. We discourage the posting of sensitive or Personal Information in comments or posts to the Site and/or Service and we are not responsible for the use of any Personal Information by third parties that you publicly post on the Site or Service.

 

Social Networking and Other Websites. The Site or Service may allow you to post information to social networking websites. The use of the information by such social networking websites will be governed by their privacy policies, and we do not control their use of the shared data.

 

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, usage information and device identifier (including IP address), and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order, warrant or subpoena; respond to your requests; enforce our Site or Service, or other applicable policies; or protect yours, ours or others' rights, property, or safety. Unless prohibited by law or court order, or unless we determine in our sole discretion that notification is inappropriate under the circumstances, we will take all reasonable steps to notify all affected users of the request for information or intended disclosure prior to disclosure.

 

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information, including Personal Information, may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.

 

With Your Consent. We may also disclose your information, including your Personal Information, where you have specifically provided your consent for the disclosure.

 

CHILDREN'S PRIVACY

 

Our Site and the Service are not intended for nor directed toward children under the age of 13 and we do not knowingly collect Personal Information from children under 13 years of age. If you believe that your child may have provided us with Personal Information without your consent, you may alert us at https://www.statehousedigital.com/contact. If we learn that we have inadvertently collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child's account.

 

EXTERNAL LINKS

 

The Site or Service may, from time to time, contain links to external websites. We have no control over these third parties and we are not responsible for the content of such websites or for the privacy policies or practices of such third parties. You should review the privacy policy carefully for any third-party website that you visit.

 

UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION

 

If you have questions about unsubscribing from email or other communications, you may please contact us at https://www.statehousedigital.com/contact.

 

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

 

From time to time, we may revise or update our Privacy Policy. We will notify you of any changes by posting updates to the Privacy Policy on this web page. The date the Privacy Policy was last revised is identified at the top of the page.

 

CONTACT INFORMATION

 

If you have any further questions about this Privacy Policy or State House Digital’s privacy practices, please contact us at https://www.statehousedigital.com/contact.

 

 

TERMS OF SERVICE (TOS)

 

I. Introduction and Eligibility

 

These Terms of Use (“Terms”) constitute a binding agreement between you and State House Digital and Advocacy LLC and its affiliates and subsidiaries (“State House Digital,” “we,” “us”). Please read these Terms carefully before using the State House Digital Service (defined below). “You” and “users” shall mean all visitors to the State House Digital Service. These Terms include State House Digital’s Privacy and Cookies Policy (“Privacy Policy”), which is incorporated by reference into these Terms. We have included several annotations in boxes to help explain the legal jargon and emphasize key sections. These annotations are for convenience only and have no legal or contractual effect. Your use of the State House Digital Service signifies your agreement to be bound by these Terms each time you access the State House Digital Service. If you do not agree to any of these Terms, do not use the State House Digital Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the State House Digital Service.

 

This agreement is a legally binding contract. It may change as our service changes, and you agree you will review it and any updates regularly.

 

Revisions to Terms. We reserve the right, in our sole discretion, to revise these Terms at any time, in whole or in part, by posting an updated version. Changes to these Terms will be effective when posted. You agree to visit this page periodically to review the most current Terms and your continued use of the State House Digital Service, or any part thereof after any changes to these Terms are posted constitutes your binding acceptance of these Terms. If you object to any changes to these Terms, your sole recourse will be to stop using the State House Digital Service.

 

Children. No part of the State House Digital Service is directed to persons under the age of 13. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the State House Digital Service.

 

If you are not a resident of the United States, by using the State House Digital Service and submitting personal information to us, you consent to the transfer of your information to the United States.

 

International Users. The State House Digital Service is operated from the United States, but may be accessed in other parts of the world. If you are located outside of the United States and you access or use the State House Digital Service, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not ours) to make sure that your use of the State House Digital Service complies with all applicable local laws in the jurisdiction from where you access or use the State House Digital Service. By submitting any personally identifiable information to us through the State House Digital Service, you consent to the transfer, processing and storage of your information in the United States in accordance with our Privacy Policy.

 

II. The State House Digital Service

 

The “State House Digital Service” means the website located at www.statehousedigital.com and any associated software, applications, and Internet services under State House Digital’s control, whether partial or otherwise, used in connection with providing the services provided by State House Digital. The State House Digital Service provides an online platform to enable you to view information online and through other connected devices about services, programs, and events offered by State House Digital (collectively, “Programs”). These Programs may be made available for free or for a fee, in State House Digital’s sole discretion.

 

Please exercise caution, good sense, and sound judgment when providing information to other users.

 

Chat Room Service and Blog Post. You should exercise caution, good sense, and sound judgment when submitting messages or information to be posted in a chat room or on a blog. Think – and read twice – before you post anything. Once something is posted online it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility or reputation in the future. You are responsible for any comments or materials you post in a chat room or on a blog, and you assume all liability arising out of a post. We discourage the posting of sensitive or personal information in comments or posts and we are not responsible for the use of your personal information that you publicly post by any third parties. State House Digital makes no representations and warranties with respect to the confidentiality of any posts you make through the State House Digital Service.

 

We use third-party services to help us provide the State House Digital Service, but such use does not indicate that we endorse them or are responsible or liable for their actions.

 

Third-Party Services. The State House Digital Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the State House Digital Service. Some of these third-party websites may use State House Digital Content (defined below) under license from State House Digital. State House Digital is not responsible for these third-party websites, whether or not State House Digital is affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that State House Digital is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the State House Digital Service.

 

We are not your attorney or financial advisor, and we do not provide any legal or financial advice.

 

State House Digital Is Not Your Attorney or Financial Advisor. Do not contact State House Digital for legal or financial advice. You agree and acknowledge that State House Digital is not a law firm and is not authorized to practice law in any jurisdiction. State House Digital does not give legal advice in any form or practice law in any way. The information obtained from or through the State House Digital Service is for information purposes only, and you are solely responsible for confirming the accuracy and appropriateness of such information for your own business or venture with your own tax, financial, and legal advisors. State House Digital is not establishing an attorney-client relationship with you through your use or access of the State House Digital Service.

 

Social Sign-On. The State House Digital Service may allow you to register and log in using sign-on functionality provided by social networks, such as Facebook. You agree to abide by the social networks’ terms and conditions applicable to you.

 

III. Financial Matters

 

You Agree To Pay Us For Your Purchases. You agree to pay for all products and services that you purchase through the State House Digital Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the State House Digital Service.

You are responsible for all fees charged to make payments using payment processors through the State House Digital Service.

 

Third-Party Payment Processors. State House Digital may use third-party payment processors for electronic commerce. Such third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal. Information that you supply to our payment processors is not stored by us or within our control, and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments and State House Digital is not responsible for any fees charged by them. State House Digital disclaims all liability with regard to any fees or problems you have with third-party payment processors

 

Availability of Certain Forms of Payment. State House Digital makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the State House Digital Service.

 

Pre-Authorization. When you provide a credit card number to us to activate and/or pay for any fees related to State House Digital, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

 

Timing of Charges. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.

 

You may send us an email to dispute charges to your account within 15 days of the charge.

 

Disputed Charges. You agree to submit any disputes regarding any charge to your account in writing to State House Digital within fifteen (15) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by contacting us at www.statehousedigital.com/contact.

 

State House Digital will not collect or pay your taxes.

 

Taxes. “Taxes” include sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the State House Digital Service. State House Digital is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.

 

IV. Account Creation and Use by an Agent

 

You agree that if you create an account and use the State House Digital Service on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity. You agree that you have the authority to bind the business entity in legal agreements and contracts.

 

V. Your Account

 

If you create an account, you are responsible for the confidentiality of your log-in credentials and for keeping your information accurate.

 

You are responsible for any activity resulting from the use of your log-in credentials on the State House Digital Service.

 

To use some parts of the State House Digital Service you may need to create an account. You may need to provide us with your name, email address, and billing address, as well as your debit/credit card information. You represent and warrant that the information you provide to State House Digital upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.

 

Your Log-In Credentials. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

 

VI. Communications

 

State House Digital may communicate with you by email under certain circumstances, or by posting a notice on the State House Digital Service/website.

 

If you have registered to use the State House Digital Service you agree to receive email from us at the email address you provided to us for customer service related purposes, even if you have chosen to opt-out of marketing communications.

 

Electronic Notices. By using the State House Digital Service or providing any personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the State House Digital Service. If we learn of a security breach relating to your personal information that is required to be reported pursuant to applicable security breach notification laws, we may attempt to notify you electronically by posting a notice on the State House Digital Service or by sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at www.statehousedigital.com/contact.

 

VII. State House Digital's Content Ownership and Use

 

State House Digital owns all of the content we create, but you may use it, subject to these Terms, while you use the State House Digital Service. You cannot use our logo without our written permission.

 

The contents of the State House Digital Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other State House Digital content (collectively, “State House Digital Content”). All State House Digital Content and the compilation (meaning the collection, arrangement, and assembly) of all State House Digital Content are the property of State House Digital or its licensors and are protected under copyright, trademark, and other laws.

 

License to You. Subject to these Terms, we hereby grant you the limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide license to access and use the State House Digital Service and the State House Digital Content solely for the use of State House Digital’s services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the State House Digital Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original State House Digital Content on any copy you make of the State House Digital Content in accordance with these Terms.

 

No Implied Rights. There are no implied licenses granted in these Terms.

 

State House Digital Marks. State House Digital, the State House Digital logo, and other State House Digital logos and product and service names are or may be trademarks of State House Digital (the “State House Digital Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the State House Digital Marks.

 

VIII. Your User Content and Our License to Use

 

You, or the people who allow you to use their content, own all of the content you post using the State House Digital Service. However, by posting content to the State House Digital Service, you are granting us a license to use your content for any purpose, including in our marketing materials. We may also modify your content, in our sole discretion, and without prior approval from you, in order to make it work better with the State House Digital Service.

 

It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.

 

Your User Content. The State House Digital Service may provide you with the ability to create, post, or share content, including messages in chat rooms or comments on blog posts(“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.

 

State House Digital’s Use of Your User Content. By creating, posting, or sharing Your User Content, on or through the State House Digital Service, and subject to State House Digital’s Privacy Policy, and except as otherwise expressly stated, you grant State House Digital an irrevocable, perpetual, transferrable, unconditional, unrestricted, sublicenseable, world-wide, non-exclusive, royalty-free license to copy, use, reproduce, modify, remove, publish, upload, distribute, transmit, publicly display, and create derivative works from Your User Content for any purpose without compensation to you, including for the purpose of promoting State House Digital and our services. You waive any rights you may have regarding Your User Content  being altered or manipulated in any way that may be objectionable to you. We reserve the right to refuse to accept, post, display, or transmit any of Your User Content in our sole discretion. Upon your request State House Digital will discontinue this licensed use within a commercially reasonable period after Your User Content is removed from the State House Digital Service.

 

You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the State House Digital Service, any right, title, or interest (including intellectual property rights) in content delivered via the State House Digital Service.

 

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the State House Digital Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the State House Digital Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the State House Digital Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the State House Digital Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

 

The State House Digital Service contains content from users and other State House Digital licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the State House Digital Service.

 

IX. Copyright Policy

 

Tell us if you think a user has violated your copyright using the State House Digital Service, or if you think someone incorrectly reported that you violated his or her copyright.

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the State House Digital Service infringe your copyright, you (or your agent) may send State House Digital a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

 

Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the State House Digital Service are covered by a single notification, a representative list of such works);

 

Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow State House Digital to locate the material on the State House Digital Service;

 

Your name, address, telephone number, and email address (if available);

 

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

X. Suggestions and Submissions

 

We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.

 

We appreciate hearing from our users and welcome your comments regarding the State House Digital Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:

 

Own, exclusively, all now known or later discovered rights to the creative ideas;

 

Not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and

 

Be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

 

XI. User Content Disclaimers, Limitations, and Prohibitions

 

You are responsible for your actions when using and relying on the State House Digital Service or content available on the State House Digital Service.

 

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users of the State House Digital Service. You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the State House Digital Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

 

You expressly acknowledge and agree that you are solely responsible for Your User Content on the State House Digital Service. State House Digital does not endorse, nor is it responsible for, Your User Content on the State House Digital Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability, and you agree that you are solely responsible for any consequences that may arise from the posting of Your User Content through the State House Digital Service. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

 

Do not misuse the State House Digital Service or attempt to break it, steal our content or use the State House Digital Service to post unlawful or harmful content.

 

You agree to use the State House Digital Service only for its intended purpose. You must use the State House Digital Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the State House Digital Service are prohibited. You may not:

 

Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the State House Digital Service, user accounts, or the technology and equipment supporting the State House Digital Service;

Frame or link to the State House Digital Service without permission;

Use data mining, robots, or other data gathering devices on or through the State House Digital Service;

Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

Disclose personal information about another person or post any content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct or that gives rise, or potentially gives rise to civil or criminal liability or that violates any applicable law;

Sell, transfer, or assign any of your rights to use the State House Digital Service to a third party without our express written consent;

Post advertising or marketing links or content, except as specifically allowed by these Terms;

Use the State House Digital Service after your account has been terminated, without our consent;

Use the State House Digital Service in an illegal way or to commit an illegal act in relation to the State House Digital Service or that otherwise results in fines, penalties, and other liability to State House Digital or others; or

Access the State House Digital Service from a jurisdiction where it is illegal or unauthorized.

 

XII. Consequences of Violating These Terms

 

If you do not act responsibly and in accordance with these Terms, we may prohibit your use of the State House Digital Service.

 

We reserve the right to suspend or terminate your account and prevent access to the State House Digital Service for any reason, without notice to you, at our discretion. We reserve the right to refuse to provide the State House Digital Service to you in the future.

 

State House Digital may review and remove any of Your User Content at any time for any reason, including for any activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the State House Digital Service.

 

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the State House Digital Service.

 

XIII. State House Digital’s Liability

 

We are not liable for the actions of our users when they use the State House Digital Service. We may also change the State House Digital Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the State House Digital Service or other websites.

 

Changes to the State House Digital Service. We may change, suspend, or discontinue any aspect of the State House Digital Service at any time, in our sole discretion, including hours of operation or availability of the State House Digital Service or any feature, without notice or liability.

 

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the State House Digital Service, including POP licensing or relationship authentication. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release State House Digital of all claims, demands, and damages in disputes among users of the State House Digital Service. You also agree not to involve us in such disputes. Use caution and common sense when using the State House Digital Service.

 

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the State House Digital Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the State House Digital Service. Use the State House Digital Service at your own risk.

 

Third-Party Websites. The State House Digital Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

 

We make no promises and disclaim all liability of specific results from the use of the State House Digital Service.

 

A. DISCLAIMER OF WARRANTIES

 

Released Parties Defined. “Released Parties” include State House Digital and its affiliates, officers, employees, agents, service providers, partners, Instructors, and licensors.

 

You use the State House Digital Service at your own risk. We make no warranties or guarantees.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE State House Digital SERVICE IS AT YOUR SOLE RISK, AND THE State House Digital SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE State House Digital SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE State House Digital SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE State House Digital SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE State House Digital SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE State House Digital SERVICE WILL MEET YOUR EXPECTATIONSAND, AND (iv) ANY ERRORS IN THE State House Digital SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE State House Digital SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

 

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

 

We are not liable for anything that happens to you that somehow may be connected to your use of the State House Digital Service. You may be responsible for our legal fees and costs arising out of your use of the State House Digital Service.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF State House Digital HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE State House Digital SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE State House Digital SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE State House Digital SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE State House Digital SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE State House Digital SERVICE OR YOUR USE OF State House Digital CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

 

Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees, actions, or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any State House Digital Content, (iii) any of Your User Content, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or these Terms by you and/or anyone using your log-in credentials to access and otherwise use the State House Digital Service (in whole or in part), (vi) the breach of any of your warranties, representations, responsibilities or other obligations set forth in these Terms, or (vii) the willful misconduct of you or anyone accessing the State House Digital Service using your log-in credentials. We shall provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the State House Digital Service.

 

XIV. General Terms

 

These Terms constitute the entire agreement between you and State House Digital concerning your use of the State House Digital Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these 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 these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

 

XV. Arbitration, Class Waiver, and Waiver of Jury Trial

 

We are located in New Jersey, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the State House Digital Service.

 

These Terms and the relationship between you and State House Digital shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions, regardless of where you live. You and State House Digital agree to submit any disputes relating to your use of the State House Digital Service for final and binding arbitration under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New Jersey. You covenant not to sue State House Digital in any other forum.

 

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the State House Digital Service or these Terms:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND

YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

 

Contact Information

 

State House Digital and Advocacy LLC

17 Millman Dr.

East Brunswick, NJ 08816

 

www.statehousedigital.com/contact

 

EFFECTIVE DATE: February 1, 2018

State House Digital and Advocacy LLC

609-989-1000