Terms of Service
User Agreement
Valid as of December 1, 2022.
This User Agreement (“Agreement”) is a contract between you (a “User”) and Advocy LLC and applies to your use of all facets of the Advocy websiteand any other Advocy features, technologies, and/or functionalities offered on the Advocy website or through any other means (the “Advocy Platform”). The Advocy Platform is provided to you subject to this Agreement as well as Advocy’s Privacy Policy, Cookie Policy, and Community Rules, the terms of each of which are incorporated in this Agreement by this reference.The terms of this Agreement and Privacy Policy, Cookie Policy, and Community Rules are collectively referred to as our “Terms of Service.”
The Advocy Platform enables Users to engage as “Posters,” “Contributors,” “Verified Recipients,” and “Verified Affiliates” by engaging in the following activities:
Users may engage as Posters by posting and replying to public messages on the Advocy Platform. A User may subscribe to a plan for posting messages using the Advocy Platform on a one time or custom basis.
Users may engage as Verified recipients or their Verified Affiliates by posting and replying to public messages on the Advocy Platform on behalf of their campaign. A Verified Recipient may participate by providing sufficient proof of identity to Advocy.
Users may engage as Contributors by sending monetary contributions using Advocy’s payment processing service to approved recipients, including Registered companies, causes, political campaigns, Registered National Party Committees, Political Action Committees, and campaign committees of candidates for federal offices that have been approved by Advocy.
We may add, change, suspend, or eliminate any or all Advocy features and services at any time, with or without notice, subject to applicable law. We may terminate your access to any or all Advocy features, including your Advocy Account, in the event you violate the Advocy Terms of Use. If you do not agree to these Terms of Use, you must immediately discontinue your use of the Advocy Platform.
I. COMMUNITY RULES
We believe that everyone should have the ability to participate on our platform and to share their views without worrying about abusive, hostile, or other behavior adverse to the free sharing of ideas. In order to protect the experience of people who use Advocy, there are some limitations on the type of content and behavior that we allow. These limitations are set forth in these Advocy Community Rules. If you see something on Advocy that violates these rules, please report it to us.
The Advocy Community Rules (along with all incorporated policies), Privacy Policy, and User Agreement collectively govern a user's access to and use of the Advocy Platform.
All individuals accessing or using the Advocy Platform must adhere to the policies set forth in the Advocy Community Rules. Failure to do so may result in Advocy taking one or more of the following enforcement actions:
· We may close, suspend, or limit your access to your Advocy Account or the Advocy Platform (such as limiting your ability to send messages or to make or receive contributions or pledges)
· We may contact your bank or credit card issuer and warn other users, law enforcement, or impacted third parties of your actions
· We may update inaccurate information you provided us
· We may refuse to provide you with access to the Advocy Platform in the future; and
· We may take legal action against you.
If you attempt to evade a permanent suspension by creating new accounts, we will suspend your new accounts. Please note that we may need to change the Advocy Community Rules from time to time and reserve the right to do so. The most current version is always available on the Advocy.com website.
Unlawful Use
You may not use the Advocy Platform for any unlawful purposes or in furtherance of illegal activities. By using Advocy, you agree to comply with all applicable laws governing your online conduct and content.
Prohibited Content
Please don’t use the Advocy Platform to distribute anything offensive, to promote anything illegal, or to harass anyone. You may not use the Advocy Platform to create, send, or display:
· Campaigns offering to sell illegal goods or services
· Emails that violate the CAN-SPAM Act or other anti-spam laws
· Pornography/sexually explicit content
· Campaigns promoting or supporting terrorism or violent extremism
Some industries have higher-than-average abuse complaints, which can jeopardize deliverability. In order to maintain the reliability of the Advocy Platform, we do not allow businesses that offer services that support programmatically sending mail on behalf of third parties without creating or reviewing the content
Abusive Behavior
We believe in freedom of expression and open dialogue, but that means little as an underlying philosophy if voices are silenced because people are afraid to speak up. In order to ensure that people feel safe expressing diverse opinions and beliefs, we prohibit behavior that crosses the line into abuse, including behavior that harasses, intimidates, or uses fear to silence another user’s voice.
Context matters when evaluating for abusive behavior and determining appropriate enforcement actions. Factors we may take into consideration include, but are not limited to whether:
· The behavior is targeted at an individual or group of people
· The report has been filed by the target of the abuse or a bystander
· The behavior is newsworthy and in the legitimate public interest.
Harassment and Hateful Speech or Conduct
Harassment: You may not engage in the targeted harassment of someone or incite other people to do so. We consider abusive behavior an attempt to harass, intimidate, or silence someone else’s voice.
Hateful Speech or Conduct: You may not promote violence against, threaten, attack, or harass other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. We also do not allow accounts whose primary purpose is inciting harm towards others based on these categories.
Examples of what we do not tolerate include behavior that harasses individuals or groups of people with:
· Violent threats
· Wishes for the physical harm, death, or disease of individuals or groups
References to mass murder, violent events, or specific means of violence in which/with which such groups have been the primary targets or victims
· Behavior that incites fear about a protected group
· Repeated and/or non-consensual slurs, epithets, racist and sexist tropes, or other content that degrades someone.
Threats to expose / hack: You may not threaten to expose someone’s private information. You also may not threaten to hack or break into someone’s digital information.
Impersonation
You may not impersonate individuals, groups, or organizations in a manner that is intended to or does mislead, confuse, or deceive others.
Spam and Security
We strive to protect Advocy users from technical abuse and spam.
To promote a stable and secure environment on Advocy, you may not do, or attempt to do, any of the following while accessing or using Advocy:
· Access, tamper with, or use non-public areas of Advocy’s computer systems, or the technical delivery systems of Advocy’s providers.
· Probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures.
· Access or search, or attempt to access or search, Advocy by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Advocy (and only pursuant to the applicable terms and conditions).
· Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Advocy to send altered, deceptive, or false source-identifying information.
· Interfere with or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Advocy Platform, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on Advocy.
Any account engaging in the following activities may be temporarily locked or subject to permanent suspension. An account created to replace a suspended account may be permanently suspended.
· Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another person’s browser or computer or to compromise a person’s privacy.
· Spam: You may not use the Advocy Platform for the purpose of spamming anyone. Spam is generally defined on Advocy as bulk or aggressive activity that attempts to manipulate or disrupt Advocy or the experience of users on Advocy to drive traffic or attention to unrelated accounts, products, services, or initiatives. Some of the factors that we take into account when determining what conduct is considered to be spamming include:
o If you have sent messages to a large number of accounts in a short time period, particularly by automated means
o If your messages consist mainly of links shared without commentary
o If a large number of people have blocked you in response to high volumes of untargeted, unsolicited, or duplicative content or engagements from your account
o If a large number of spam complaints have been filed against you
o If you post duplicative or substantially similar content, replies, or mentions over multiple accounts or multiple duplicate updates on one account, or create duplicate or substantially similar accounts
o If you post multiple updates to a trending or popular topic with an intent to subvert or manipulate the topic to drive traffic or attention to unrelated accounts, products, services, or initiatives
o If you send large numbers of unsolicited replies or mentions
o If you add users to lists in a bulk or aggressive manner
o If you are randomly or aggressively engaging with users to drive attention to unrelated accounts, products, services, or initiatives
o If you repeatedly post other people’s account information as your own
o If you post misleading, deceptive, or malicious links (e.g., affiliate links, links to malware/clickjacking pages, etc.)
o If you create fake accounts, account interactions, or impressions; and
o If you attempt to artificially inflate account interactions.
Mass Emails
· If you use the Advocy Platform as a Sender to transmit email messages to Recipients on your distribution lists, you also must comply with the following requirements:
· You must be able to point to an opt-in form or show other evidence of consent for any mass email you send.
· You may not include in your emails or Advocy account any material that wasn’t created by you, provided for you to use, or that would violate anyone’s rights. That includes text, photos, graphics, and other content.
· You may not use any misleading or incorrect names, addresses, email addresses, subject lines, or other information in the emails created, managed, or sent using the Advocy Platform.
· You may not share your password.
· You may not use an outside unsubscribe process when sending emails to a distribution list hosted by the Advocy Platform.
· You may not set up multiple accounts for any person or entity in order to send similar Content.
· You may not import or incorporate any of the following information into any Advocy account, distribution lists, emails, or otherwise upload to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information.
II. ADVOCY TERMS OF USE
A Compliance with Applicable Laws, including Election Laws and Regulations, and with Advocy’s Community Rules.
Advocy abides by U.S. federal and state law concerning, among other things:
Federal and state campaign laws, including Title 52 of the U.S. Code, Subtitle III (“Federal Campaign Finance”) and Title 26 of the U.S. Code, Subtitle H (“Financing of Presidential Election Campaigns”)
Federal and state privacy laws
Federal and state anti-spam laws, including the federal law known as the “CAN-SPAM Act” (Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, Pub. L. No. 108-187, 117 Stat. 2699 (2003), codified at 15 U.S.C. §§ 7701-7713, 18 U.S.C. § 1037 and 28 U.S.C. § 994) and the rules and regulations adopted by the Federal Communications Commission and the Federal Trade Commission;
All Users of the Advocy Platform agree to abide by such laws as a condition of their use of the Advocy Platform. Users of the Advocy Platform also agree to abide by Advocy’s Community Rules which prohibit unacceptable conduct including, but not limited to, abusive behavior, harassment, and hate speech.Please read Advocy’s Community Rules.
Violations of these Terms of Use will result in the suspension or cancellation of your Advocy account and your use of the Advocy Platform.
B Use of the Advocy Platform to make Political Contributions [and Pledges] to Approved Depository Accounts.
1 The Advocy Platform enables the following activities in connection with the solicitation and making of political campaign contributions and pledges:
Users who are eligible individuals, as defined by the U.S. Federal Election Commission (the “FEC”), as “Contributors” may make lawful campaign contributions [and pledges] to principal campaign committees (“Registered Campaigns”), national party committees (“Registered National Party Committees”), and political action committees, including connected committees (separate segregated funds or SSFs) and unconnected committees (Super PACs, Hybrid PACs, and Leadership PACs) (“PACs”), that are registered with the FEC. Eligible Contributors also may make contributions [and pledges] to approved charitable and other not-for-profit organizations (“Other Approved Recipients”) (together with Registered Campaigns, Registered National Party Committees, PACs, and Local Campaigns, “Approved Depository Accounts”).
Approved Depository Accountsmay receive lawful campaign contributions [and pledges] from Contributors who are eligible to make such contributions [and pledges] under applicable local, state and US law, including the regulations of the FEC.
Verified Candidates and Affiliates as well as Contributors also may solicit contributions [including Earmarked Contributions and pledges] to Approved Depository Accounts from other eligible Users.
Contributions by Contributors to Approved Depository Accounts, [contributions by PACs to other Approved Depository Accounts, and Earmarked Contributions by Contributors to Future Nominees] are not directed by Advocy.
It is each User’s responsibility to determine if they meet the FEC requirements to be a Contributor or an Approved Depository Account.Advocy does not guarantee the identity of any User of the Advocy Platform.Advocy also does not guarantee that a Contributor using the Advocy Platform to make a contribution [or pledge] can [or will] make the contribution or that the Approved Depository Account can or will accept the contribution.
If you have any questions about whether it is permissible for you to make or receive a contribution under federal law, please go tohttps://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/who-can-and-cannot-contribute/for information about an individual’s eligibility to make contributions to Approved Depository Accountsor, if you are responsible for an Approved Depository Account, about your obligations regarding contributions [and pledges] made to you.
In addition to those requirements, Users of the Advocy Platform also agree to abide by the federal campaign contribution limits set by the FEC.Contributors agree not to make, and Approved Depository Accounts agree to not knowingly accept and keep, contributions in excess of these limits.A resource for information about these limits can be found here: https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/contribution-limits.
Further, Users of the Advocy Platform agree to abide by state campaign contribution limits.Contributors agree not to make, and Approved Depository Accounts agree to not knowingly accept and keep, contributions in excess of these limits.A resource for information about these limits can be found here: https://www.ncsl.org/Portals/1/Documents/Elections/Contribution_Limits_to_Candidates_2020_2021.pdf
2 Eligibility to be a User and to use the Advocy Platform to make political contributions [and pledges]
If you are a User, you may use the Advocy Platform (1) to make one-time or recurring campaign contributions [and pledges] to Approved Depository Accounts using your mobile device or PC, (2) to make Earmarked Contributions [and pledges] to Future Nominees using your mobile device or PC, and (3) to solicit contributions [including Earmarked Contributions] [and pledges] to Approved Depository Accounts from other Users.Users will not be permitted to make a contribution to Approved Depository Accounts that refuse to accept donations from Advocy or have been removed from the Advocy Platform for violating the Terms of Use (an “Unauthorized Recipient”).The Advocy Platform will treat a User’s attempt to make a contribution to an Unauthorized Recipient [including Earmarked Contributions to a Future Nominee], as such User’s intent to make such contribution if and when the Unauthorized Recipient becomes an “Authorized Recipient” by accepting donations from Advocy or rectifying its Terms of Use a violation to Advocy’s satisfaction and satisfies any conditions to the contribution.
To be eligible to use the Advocy Platform to make a campaign contribution [or pledge to an Approved Depository Account or to make an Earmarked Contribution to a Future Nominee], you must (1) be an individual who satisfies the FEC requirements for eligibility to make contributions to Approved Depository Accounts, (2) use the Advocy Platform in the United States, and (3) if you are accessing Advocy using your mobile device, use the cellular/wireless telephone number that you own. As further detailed in our Privacy Policy, in order for you to use Advocy, Advocy or its payment processing services provider requires that you submit certain Personal Information (as defined in its Privacy Policy), including but not limited to your full name, email address, text-enabled cellular/wireless telephone number, mailing address, date of birth, occupation, and employer.You agree that the Personal Information you provide to Advocy or its payment processing services provider will be true, accurate, current, and complete, and you agree to maintain and update this Personal Information necessary.
As noted above, in order to be eligible to make a campaign contribution using the Advocy Platform, a User must be an individual and make the contribution from his or her own funds.Those funds may not be provided to the User by another person or entity for the purpose of making the contribution. The User must make the contribution with their own personal purchase method and not with a corporate or business purchase method or a method issued to another person.A Contributor must be a U.S citizen or lawfully admitted permanent resident (i.e., a green card holder).
If for any reason Advocy determines that a user’s identity must be verified, Advocy may suspend a User’s Advocy Account until that User complies with Advocy’s identity verification requirements.Reasons for further identity verification include suspicious activity involving a User’s Advocy Account, any indication that a User may not be who he or she states, an indication that a User may be a foreign national, or based on a government investigation.Advocy also will require further identity verification if an Approved Depository Account or any governmental authority requests that a User’s identity be verified.
Advocy will store your personal identification information in accordance with its Privacy Policy and, with respect to social security numbers provided to Advocy by Users, in accordance with the requirements of the Social Security Administration.Please see Advocy’s Privacy Policy athttps://www.advocy.comfor further information about Advocy’s commitments to protecting your privacy.
3 Users under the age of 18
If a User is under the age of 18, additional restrictions apply. If a User is a minor (under the age of 18), then such minor User may make a contribution only if:
·The decision to contribute is made knowingly and voluntarily by the minor
The funds, goods or services contributed are owned or controlled by the minor; and
The contribution is not made using funds given to the minor as a gift for the purpose of making the contribution, and is not in any way controlled by another individual.
For a Registered Campaign to be eligible to receive a campaign contribution from a User and PACs made using the Advocy Platform (including Earmarked Contributions), a Registered Campaign must (1) be the “principal campaign committee” (as defined by the FEC), be registered with the FEC as an authorized committee designated by a candidate as the principal committee to raise contributions and make expenditures for his or her campaign for a federal office, have obtained an FEC Campaign Identification Number, and have accepted this Agreement thereby agreeing to our Terms of Use, (2) with respect to Earmarked Contributions, satisfy the conditions for the release of such Earmarked Contributions, (3) use the Advocy Platform in the United States, and (4) if accessing the Advocy Platform using a mobile device, use a cellular/wireless telephone number that is owned by the Registered Campaign.As further detailed in our Privacy Policy, in order for a Registered Campaign to become an Authorized Recipient for purposes of this Agreement and to create and use a Advocy Account, Advocy or its payment processing services providerrequires that an authorized officer of the Registered Campaign (usually its Treasurer) submit to Advocy certain Personal Information (as defined in its Privacy Policy), including but not limited to the officer’s name, driver’s license number and social security number, the Registered Campaign’s email address, text-enabled cellular/wireless telephone number, street address, or zip code, and its FEC Campaign Identification Number.You agree that the Personal Information you provide to Advocy or its payment processing services providerwill be true, accurate, current, and complete, and you agree to maintain and update this Personal Information as necessary.
4 Eligibility to be a Registered National Party Committee and to use the Advocy Platform to make and to receive political contributions and pledges
For a Registered National Party Committee to be an Authorized Recipient and thereby eligible to receive a campaign contribution from a User made using the Advocy Platform, a Registered National Party Committee must (1) be the “national political party committee” (as defined by the FEC), registered with the FEC as the authorized national committee designated by a political party as its national committee to raise contributions and make expenditures for the political party,have obtained an FEC Campaign Identification Number, and have accepted this Agreement thereby agreeing to our Terms of Use, (2) use the Advocy Platform in the United States, and (3) if accessing the Advocy Platform using a mobile device, use a cellular/wireless telephone number that is owned by the Registered National Party Committee.As further detailed in our Privacy Policy, in order for a Registered National Party Committee to become an Approved Depository Account for the purposes of this Agreement and to create and use a Advocy Account, Advocy or its payment processing services providerrequires that an authorized officer of the Registered National Party Committee submit to Advocy certain Personal Information (as defined in its Privacy Policy), including but not limited to the name of the authorized officer of the Registered National Party Committee, his or her driver’s license number and social security number, the Registered National Party Committee’s email address, text-enabled cellular/wireless telephone number, street address, or zip code, and its FEC Campaign Identification Number. You agree that the Personal Information you provide to Advocy or its payment processing services providerwill be true, accurate, current, and complete, and you agree to maintain and update this Personal Information as necessary.
5 Eligibility to be a Political Action Committee and to use the Advocy Platform to make and to receive political contributions and pledges
For a Political Action Committee or PAC to be an Approved Depository Account and thereby eligible to receive a campaign contribution from a User made using the Advocy Platform or to make campaign contributions to other Approved Depository Accounts using the Advocy Platform, a PAC must (1) be a “connected committee” (an “SSF”) or an “unconnected committee” (as such terms are defined by the FEC), have registered with the FEC as such and obtained an FEC identification number, and have accepted this Agreement thereby agreeing to our Terms of Use, (2) use the Advocy Platform in the United States, and (3) if accessing the Advocy Platform using a mobile device, use a cellular/wireless telephone number that is owned by the PAC.As further detailed in our Privacy Policy, in order for a PAC to become an Approved Depository Account for the purposes of this Agreement and to create and use a Advocy Account, Advocy or its payment processing services provider requires that an authorized officer of the PAC submit to Advocy certain Personal Information (as defined in its Privacy Policy), including but not limited to the name of the authorized officer of the PAC, his or her driver’s license number and social security number, the PAC’s email address, text-enabled cellular/wireless telephone number, street address, or zip code, and its FEC identification number. You agree that the Personal Information you provide to Advocy or its payment processing services providerwill be true, accurate, current, and complete, and you agree to maintain and update this Personal Information as necessary.
If you are an eligible User, you also may use the Advocy Platform (1) to make one-time or recurring contributions [and pledges] to Other Approved Recipients using your mobile device or PC and (2) to solicit contributions [and pledges] to Other Approved Recipients from other Contributors.Contributors will not be permitted to make a contribution to any recipient that is not an Other Approved Recipient, however.
For a User to be an Other Approved Recipient and to make or receive contributions using the Advocy Platform, the User must (1) be a charitable or other not-for-profit organization that has satisfied the IRS requirements for its not-for-profit statusin good standing and approved by Advocy, have obtained a Federal Employer Identification Number (FEIN), and haveaccepted this Agreement thereby agreeing to our Terms of Use,(2) use the Advocy Platform in the United States, and (3) if accessing the Advocy Platform using a mobile device, use a cellular/wireless telephone number that is owned by the Other Approved Recipient. As further detailed in our Privacy Policy, in order for a User to become an Other Approved Recipient for the purposes of this Agreement and to create and use a Advocy Account, Advocy or its payment processing services providerrequires that an authorized officer of the organization submit to Advocy certain Personal Information (as defined in its Privacy Policy), including but not limited to the name of the authorized officer of the organization, his or her driver’s license number and social security number, the organization’s email address, text-enabled cellular/wireless telephone number, street address, or zip code, and its FEIN. You agree that the Personal Information you provide to Advocy or its payment processing services provider will be true, accurate, current, and complete, and you agree to maintain and update this Personal Information as necessary.
Advocy will store your personal identification information in accordance with its Privacy Policy and, with respect to social security numbers provided to Advocy by Users, in accordance with the requirements of the Social Security Administration. Please see Advocy’s Privacy Policy athttps://www.advocy.comfor further information about Advocy’s commitments to protecting your privacy.
Earmark Accounts are sub-accounts established and managed by Advocy or its third party payment processing service for each Future Nominee associated with Earmarked Contributions deposited in a separate bank account that receives, holds and disburses Earmarked Contributions.Earmark Accounts may not be used to receive business, commercial, or merchant transactions. A Future Nominee may have only one Earmark Account.
Advocy or its payment processing services provider will establish and maintain in its records a separate sub-account for each Future Nominee that is the subject of Earmarked Contributions.All Earmarked Contributions to such Future Nominee will be recorded as such in the Earmark Account established for such Future Nominee and will be transferred by Advocy or its payment processing services provider to either the authorized campaign of the candidate who satisfies the condition(s) associated with the Earmarked Contributions upon such authorized campaign becoming an Approved Depository Account or to the designated default recipient if no candidate satisfies such condition(s).
You hereby authorize Advocy, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your personal information and, for Registered Campaigns, Registered National Party Committees and PACs, your FEC identification number. This may include asking you for further information and/or documentation about your Advocy usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number, or financial accounts, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.
You have the right to receive a statement showing all of your contribution and pledge activity using Advocy. You may view your activity by logging into Advocy.
6 You Control Your Advocy Activity
After you have registered as a Contributor, you will be able to make contributions [and pledges] to Approved Depository Accounts and to Other Approved Recipients using the Advocy Platform in accordance with this Agreement.You control your Advocy activity and have sole power to direct your contributions [and pledges] provided you are in compliance with this Agreement.
7 Types of Contributions and Pledges; Limits under Federal Election Law
An eligible User may use the Advocy Platform (i) to make a one-time contribution in a specified amount to an Approved Depository Account or Other Approved Recipient, (ii) to make a commitment to an Approved Depository Account that he or she will make regular, periodic contributions in specified amounts and at specified times, which contribution commitments may be conditioned on the candidate associated with the Approved Depository Account maintaining specified ratings, (iii) to pledge to an Approved Depository Account or to an Unauthorized Recipient or to an Other Approved Recipient that he or she intends to make one or more contributions to it. For political candidate Recipients, the aggregate amount that a User may contribute to a particular Approved Depository Account is limited by federal election law, presently $2,800 to each Registered Campaign for each election, $35,500 to each Registered National Party Committee during each calendar year, and $5,000 to PACs that are SSFs or unconnected PACs (unlimited for Super PACs) during each calendar year. In addition, Leadership PACs are limited to $5,000 in contributions to a Registered Campaign per election.Pledges and Earmarked Contributions count as contributions made for purposes of such limits (e.g., an outstanding $500 pledge to a Registered Campaign or a $500 Earmarked Contribution to a Future Nominee reduces the potential amount of other contributions that the User may make to such Registered Campaign during the election from $2,800 to $2,300).
i. One-Time Contributions
For the purposes of this Agreement a one-time contribution is defined as a one-time transfer of money from a User to an Approved Depository Account or an Other Approved Recipient. A User will not be permitted to make one-time contributions to Unauthorized Recipient using the Advocy Platform; instead, the Advocy Platform will treat a user’s attempt to make a contribution to an Unauthorized Recipient as such User’s intent to make such contribution if and when the Unauthorized Recipient becomes an Approved Depository Account.
ii Periodic Contributions
For the purposes of this Agreement, a periodic contribution is defined as a commitment to transfer money from a User to an Approved Depository Account in the future at specific times and in specific amounts (which may vary) pursuant to a predetermined schedule.Periodic contributions will be withdrawn by Advocy for the benefit of the Approved Depository Accountfrom a User’s designated preferred funding source as previously provided to Advocy in accordance with the specified schedule unless the User changes, alters, or cancels the scheduled contribution or the Approved Depository Account withdraws or otherwise ceases to be active.A periodic contribution may be conditioned on the candidate associated with a Registered Campaign maintaining an active campaign.
As stated above in Section II.C.2.i, the Advocy Platform will treat a User’s attempt to make a one-time contribution to an Unauthorized Recipient using the Advocy Platform as such User’s conditional commitment to make such contribution if and when the Unauthorized Recipient becomes an Approved Depository Account.The amount of such conditioned contribution will be withdrawn by Advocy or its payment processing services provider for the benefit of the Approved Depository Accountfrom a User’s designated preferred funding source as previously provided to Advocyor its payment processing services providerif and when the Unauthorized Recipient becomes an Approved Depository Account unless the User changes, alters, or cancels the intended contribution.
iii Pledges
Pledges may be made to (1) Approved Depository Accounts, (2) Unauthorized Recipients conditioned upon them becoming Approved Depository Accounts, and (3) authorized campaigns of Future Nominees conditioned upon them satisfying certainrequirements (such as maintaining specified ratings or receiving the public endorsement of a specified endorsing organization) andbecoming Approved Depository Accounts.
A pledged contribution is a promise of a future contribution of money.Pledges may be conditioned on the candidate associated with a campaign maintaining or achieving a specified rating by a particular issue advocacy organization within a specific period of time or satisfying by a specified date the condition(s) established for a candidate to receive Earmarked Contributions.When the candidate associated with a campaign successfully maintains or achieves the specified rating or receives the public endorsement of the specified endorsing organization, the User will be notified and given the opportunity to make the pledged contribution.Pledges must be made for a specific amount, with every intention of the User or Contributor to pay the stated amount in its entirety.All primary election pledges must be made on or before the day of the primary election.Pledges are built into a contributor's aggregate contribution total.
Conditioning Your Campaign Pledges.Users may condition their pledges to a campaign (including the authorized campaign of a Future Nominee) by requiring that the candidate associated with a campaign (i) maintain or obtain at least a designated rating by a recognized third-party organization or special interest group that routinely and publicly rates candidates and elected officials with respect to their views and voting history on specific political issues or causes or (ii) satisfy by a specified date the condition(s) established for receiving Earmarked Contributions.If a User requires a candidate to maintain or obtain a certain rating or to satisfy the condition(s) established for receiving Earmarked Contributions as a condition to such candidate’s campaign receiving a future contribution, Advocy will determine whether that candidate has or has not satisfied that condition and notify the User of such determination before processing the conditioned contribution.Advocy, however, is not responsible for the accuracy, completeness, reliability, timeliness or frequency of any rating or endorsement of a candidate.A User may change the required rating or endorsement or cancel a contribution commitment or pledge at any time before the conditioned contribution is made.In absence of a preexisting rating for a particular candidate, Advocy will assign such candidate a C rating on a letter grade scale or a numerical rating of a 50 on a 1 to 100 number scale.
Pledge Limit; Ratings.We may, at our discretion, impose limits on the number of pledges a Usermay make using the Advocy Platform as well as the amount of those pledges. If we have authenticated your identity and your designated preferred funding source and you have honored your commitments and pledges, we may increase your pledge limit. If you fail to honor your contribution commitments and pledges, we may restrict your ability to make contribution commitments [and pledges] using the Advocy Platform.]
iv. Earmarked Contributions.
For the purposes of this Agreement, an Earmarked Contribution is defined as a one-time transfer of money from a User to an Earmark Account established by Advocy to hold contributions from Users that are earmarked for a Future Nominee.Earmarked Contributions may be made only to the authorized campaigns of Future Nominees conditioned upon them satisfying by a specified date the condition(s) established for them to receive such Earmarked Contributions and becoming Approved Depository Accounts or to the designated default recipient if no candidate satisfies such condition(s).The User that solicits Earmarked Contributions for a specified Future Nominee or that formed the Group on Advocy for purposes of making such solicitations must clearly identify in such solicitation (1) the Future Nominee by office sought, party affiliation and election cycle, (2) any condition(s) that must be satisfied by a candidate in order for such candidate to qualify to receive the Earmarked Contributions for such Future Nominee, which may include the public endorsement of such candidate by a specified endorsing organization, (3) the specific time and date by when such Future Nominee must be determined, and (4) the default recipient of the Earmarked Contributions (which also must be an Authorized Recipient such as a Registered National Party Committee) if the conditions for determining the Future Nominee are not met by such specified date.Satisfying such solicitation requirements allows Advocy to clearly identify the Future Nominee and the default recipient.
Advocy will not exercise any discretion or control over the choice of the Authorized Recipient that receives such Earmarked Contributions, including the default recipient, or over the satisfaction of any imposed conditions. Advocy will determine whether a candidate has or has not satisfied the condition(s) relating to the Earmarked Contributions and notify the User of such determination before processing the Earmarked Contributions.
If a condition to receiving Earmarked Contributions is the public endorsement of the candidate by a specified endorsing organization, such endorsement must be a formal statement of support or approval by on behalf of a qualified endorsing organization that encourages voters to support a single, specified candidate for a specific office that appears in a newspaper or magazine article, a transcript from a television show, a press release, or any publicly available website.Qualified endorsing organizations include recognized media outlets with a history of making political endorsements, organizations registered with the IRS under Section 501(c)(4) or Section 527 of the Internal Revenue Code, and Registered National Party Committees.Advocy is not responsible for the accuracy, completeness, reliability, timeliness or frequency of any endorsement of a candidate.
The Authorized Recipient receiving your contribution will list your contribution in its required FEC reporting in accordance with federal election law.If your contribution was made to an Other Approved Recipient, such Other Approved Recipient may be required to disclose your contribution under applicable law or its internal policies.]
8 Contribution Authorizations and Processing
When you make a contribution to an Approved Depository Account, you are providing Advocy and its payment processing services provider with an authorization to process your contribution using your designated preferred funding source. Advocy’s third-party payment processing services provider will initiate a transfer of funds from your designated preferred funding source to your Advocy Account.Your contribution will be held as pending in your Advocy Account until Advocy processes it, which may not occur immediately depending on the User, the Approved Depository Account or Future Nominee, or the amount of the contribution. In such cases, your authorization will remain valid for up to thirty (30) days although Advocy either will validate or reject your contribution within five (5) days after your Advocy Account was credited with the amount of your intended contribution. Once your contribution is validated by Advocy or its payment processing services provider, Advocy’s payment processing services provider will initiate a transfer of funds from your account to the bank account registered with Advocy by the Approved Depository Account [or to the Earmarked Account associated with the Future Nominee] and then ultimately to the bank account registered with Advocy or its payment processing services provider by the Approved Depository Account.[For contribution commitments and pledges, we may request an authorization for what you estimate to be your entire contribution amount.][A User may cancel a contribution commitment (including an Earmarked Contribution) or pledge at any time before the scheduled contribution is actually transferred to the Authorized Recipient’s or Other Approved Recipient’s bank account or to the Earmarked Account.] Once a contribution is transferred to an Approved Depository Account’s bank account [or to an Earmarked Account], the contribution cannot be reversed by the User using the Advocy Platform. A User must contact the Approved Depository Account regarding any requested refund of a contribution to such Approved Depository Account, which refund is in the sole discretion of the Approved Depository Account [or Advocy regarding any requested refund of an Earmarked Contribution, which refund request will be timely processed by Advocy or its payment processing services provider].
9 Funding Sources
You may make contributions using the Advocy Platform with a bank account, debit card or credit card, and may designated one of these to be your preferred funding source.When you make a contribution to an Approved Depository Account [or to an Earmarked Account] through the Advocy Platform, Advocy or its third-party payment processing services provider will withdraw funds from your designated preferred funding source to make the contribution in its entirety.
10 Funding Source Limitations
In order to manage risk, Advocy or its payment processing services provider may limit the funding sources available for your use to fund any particular contribution. For example, your funding sources for a particular contribution may be limited to your bank account.
Please note that the various funding sources have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the funding source used to fund your transaction.
11 Bank Transfers
When your bank account is used as your funding source, you are requesting that Advocy or its payment processing services provider initiate on your behalf an “echeck” or electronic transfer from your bank account. For these transactions, Advocy or its payment processing services provider will make electronic transfers (via the Automated Clearing House (“ACH”) of NACHA - The Electronic Payment Association (“NACHA”)) from your bank account in the amount you specify. You agree that such requests constitute your authorization to Advocy or its payment processing services provider to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and Advocy or its payment processing services provider may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA’s ACH rules (collectively, the “ACH Rules”), or applicable law. You will pay no fee or charge for making your contribution by echeck using the Advocy Platform, but the Approved Depository Account will receive your contribution less all related fees (as disclosed in section 11, below).
12 Debit Card Processing
Advocy or its payment processing services provider will process your debit card-funded transactions through either the debit card’s ATM debit network or the Visa/MasterCard network, as Advocy or its payment processing services provider may elect at its discretion. You will pay no fee or charge for making your contribution by debit card using the Advocy Platform but the Approved Depository Account will receive your contribution less all related fees (as disclosed in section 11, below).
13 Credit Card Information
If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our payment processing services provider and update your account accordingly. You will pay no fee or charge for making your contribution by credit card using the Advocy Platform but the Approved Depository Account will receive your contribution less all related fees (as disclosed in section 11, below).
14. Refused and Refunded Transactions
When you make a contribution, the Approved Depository Account that received your contribution is not required to accept it and may refund it even if it was accepted. You agree that you will not hold Advocy or its payment processing services provider liable for any damages resulting from a decision by an Approved Depository Account not to accept or to refund your contribution made through the Advocy Platform.
If an Approved Depository Account to which you make a contribution through the Advocy Platform does not accept your contribution or elects to refund your contribution, then if the Approved Depository Account has not transferred your contribution from its Advocy Account to its bank account, Advocy’s third-party payment processing services provider will cancel or reverse your contribution and will return your contribution to your Advocy Account.If the Approved Depository Account has transferred your contribution from its Advocy Account to its bank account before it determined that it is unable to accept your contribution or elected to refund your contribution, the Approved Depository Account will be responsible for returning your contribution to you.Advocy’s transaction fee paid by the Approved Depository Account is nonrefundable once the Approved Depository Account transfers your contribution from its Advocy Account to its bank account.
Until the Approved Depository Account transfers your contribution from its Advocy Account to its bank account, a hold may be placed on your contribution and Advocy’s transaction fee.Provided the Approved Depository Account has not transferred your contribution from its Advocy Account to its bank account, we will return any refused or refunded contribution to you through the Advocy Platform promptly after the Approved Depository Account informs Advocy or its payment processing services provider of its election not to accept or to refund your contribution.
15. Fees for Making Contributions to political candidate recipients Using the Advocy Platform
A Contributor will be charged a platform fee of $0.30 cents per transaction for making a contribution to an Approved Depository Account. When funds for a contribution are transferred to an Approved Depository Account’s using the Advocy Platform, the Approved Depository Account receiving such contribution will pay Advocy a payment processing fee. The processing fee will be withheld by Advocy from the funds being contributed to such recipient. If the Contributor uses a credit or debit card to make the contribution, the Approved Depository Account will receive the contributed funds net of charges equal to 3.25% of the contribution (“processing fee”). The fees paid to Advocy by each Approved Depository Accountare in consideration of the overall benefits received by such Approved Depository Accountfrom its use of the Advocy Platform,cover the fees charged by Advocy’s third-party payment processing services provider, the fees charged by Advocy’s third-party FEC compliance services provider, and other operating expenses of Advocy,and are considered by Advocy to be commercially reasonable and fair value for such use.Accordingly, the FEC has determined that this system used by Advocy means that Advocy it is not making an in-kind contribution to any Approved Depository Account under 11 CFR 100.52(d).
These fees may change from time to time in Advocy’s sole discretion. Users may be subject to third party fees, such as insufficient fund fees, reversal fees, or ACH insufficient fund fees that a bank may charge if a contribution is rejected.
16. Payment Investigation
Payment investigation is a process by which Advocy or its payment processing services provider reviews certain potentially high-risk transactions. If a contribution is subject to payment investigation, Advocy or its payment processing services provider will place a hold on the contribution and may provide notice to the Approved Depository Account. Advocy or its payment processing services provider will conduct a review and either clear or cancel the contribution. If the contribution is cleared, Advocy or its payment processing services provider will provide notice to the Approved Depository Account. Otherwise, Advocy or its payment processing services provider will cancel the contribution and the funds will be returned to the Contributor.Advocy will provide notice to the Contributor by email and/or in the account history tab of the User’s Advocy Account if the contribution is canceled.
17. Item Hold
Advocy or its payment processing services provider, in its sole discretion, may place a hold on a contribution you make using the Advocy Platform when Advocy or its payment processing services provider believes there may be a high level of risk associated with the transaction. If Advocy or its payment processing services provider places a hold on your contribution, it will show as “pending” on the Advocy Platform.Unless we receive a dispute, claim, chargeback, or reversal on the contribution subject to the hold, Advocy or its payment processing services provider will release the payment hold if Advocy or its payment processing services provider receives acceptable confirmation, is able to confirm proper delivery, or otherwise completes its investigation.
18. Risk of Reversals
When an Approved Depository Account receives a contribution via the Advocy Platform, it is liable to the Contributor for the full amount of the contribution plus any fees payable by the Approved Depository Account if the contribution is later invalidated or refunded for any reason.This means that, in addition to any other liability, an Approved Depository Account will be responsible for the amount of the contribution, plus applicable fees, if there is a reversal or refund of the contribution.Each Approved Depository Account agrees to allow Advocy to recover any amounts due to Advocy from such Approved Depository Account.Advocy or its payment processing services provider will contact the Approved Depository Account to recover the funds from the Approved Depository Account, and may take other legal actions to collect the amount due, to the extent allowed by applicable law.
If a User disputes a contribution made using the Advocy Platform or files a claim for a chargeback, the debit or credit card issuer or the originating bank, not Advocy, will determine whether the dispute is valid and to whom payment is due.
19. Account Reviews
We review account and contribution activity at various times, including when a User initiates a transfer of funds. This review checks for, among other things, suspicious or illegal activity, and whether your account activity complies with this Agreement.
Reviews may result in:
account suspension or termination
delayed, blocked or cancelled contributions
funds being seized to comply with a court order, warrant or other legal process, and/or
funds an Approved Depository Account previously received being returned by the Approved Depository Account.
Among other reasons, we may take the above actions if a User or Contributor knowingly or unknowingly made a contribution from a stolen card or compromised bank account.
In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit or suspend your access to your Advocy Account until verification is completed.
C. Using the Advocy Platform to “Crowdfund” or Contribute and/or Raise Funds for a Product or Service
Because of Advocy’s commitment to providing funding options that maximize the amount of funding actually received by recipients, Advocy also provides a funding platform for commercial startup ventures and projects. When a prospective recipient posts a project on Advocy, they are inviting other people to form a contract with them. Anyone who backs a project is accepting the recipient’s offer, and entering that contract with the recipient
Advocy is not a part of this contract—the contract is a direct legal agreement between project creators (“Project Recipients”) and their backers (“Project Contributors”). Here are the terms that govern that agreement (the “Project Agreement”):
When a Recipient Fundraiser’s project (“Recipient Campaign”) is successfully completed, the Recipient Fundraiser must complete the Creative Project and fulfill each reward. Once a Recipient Fundraiser has done so, they have satisfied their obligation to their Project Contributors pursuant to the Project Agreement.
Throughout the process, Project Recipients owe their Project Contributors a high standard of effort, honest communication, and a dedication to bringing the Project to life. At the same time, Project Contributors must understand that they are not buying something when they back a Project—they are helping to create something new, not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the Project Recipient from being able to finish the Project as promised.
If a Project Recipient is unable to complete their Campaign and fulfill rewards, they have failed to live up to the basic obligations of the Project Agreement. To right this, they must make every reasonable effort to find another way of bringing the Project to the best possible conclusion for Project Contributors. A Project Recipient in this position has only remedied the situation and met their obligations to Project Contributors if:
• they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the Project as planned;
• they work diligently and in good faith to bring the Project to the best possible conclusion in a timeframe that’s communicated to Project Contributors;
• they are able to demonstrate that they have used funds appropriately and made every reasonable effort to complete the Project as promised;
• they have been honest, and have made no material misrepresentations in their communication to Project Contributors; and
• they offer to return any remaining funds to Project Contributors who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the Project in some alternate form.
The Project Recipient is solely responsible for fulfilling the promises made in their Recipient Campaign. If they are unable to satisfy the terms of this agreement, they may be subject to legal action by Project Contributors.
1. How a Project Funding Works
These are the terms that apply when a Project Contributor is backing a project:
• You are charged at the time of your contribution to the Recipient Project. Your contribution amount is measured in “tokens” that are defined at the time of your purchase. You will receive a receipt at your email address on file for each individual contribution you transact. Your purchase history is also available to you through your user dashboard. The exact amount you contribute plus the $0.30 cents platform fee is the amount Advocy will collect.
• The estimated delivery is the Project Campaigns estimate. The month and year listed on each reward is the Project Campaign’s estimate of when they will provide the reward—not a guarantee to fulfill by that time. The schedule may change as the Project Campaign works on the Project. We ask Recipient Campaigns to think carefully, set an estimated delivery they feel confident they can work toward, and communicate with Project Contributors about any changes.
• The Project Recipient may need to send you questions about your reward. To deliver rewards, the Project Recipient might need information from you, as examples your mailing address or t-shirt size. The Project Recipient will request that information after the campaign has succeeded. To receive the reward, you’ll need to provide the information in a reasonable amount of time. Project Recipients should not ask for personal information that is not necessary to provide your reward, and should never request sensitive personal information such as your Social Security number or payment information. Contact us at info@advocy.com if you receive a request for information that seems inappropriate or excessive.
• Advocy does not offer and will not fulfill any promised refunds. Responsibility for finishing a Creative Project lies entirely with the Project Recipients. Advocy does not hold funds on Project Recipients’ behalf, cannot guarantee Project work, and does not offer refunds.
These are the terms that apply to Creative Fundraisers when creating a Creative Project:
• We charge our fees before putting funds in your account. Advocy and its payment partners will subtract fees before transmitting the proceeds of a campaign.
• Some Contributor purchase cannot be collected, which might reduce the amount of funding you get. Because some payments cannot be collected—for instance, when a Contributor’s credit card expires before funding ends, and they do not provide updated information—Advocy cannot and does not guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.
• Advocy will help resolve payment-card disputes. If a Contributor of your Project disputes the charge with their card issuer, Advocy will handle re-presenting the charge to settle the dispute with the card issuer. You’ll be notified that a dispute has been filed, and you’ll be able to provide evidence to help us resolve it in your favor. If the cardholder’s dispute is found valid, you authorize us to charge the credit card number you provided when you started your Project for the amount of the chargeback.
2. Limitation of Liability
We do not oversee Recipients Projects’ performance, and we do not mediate disputes between users.
Advocy is not liable for any damages or losses related to your use of the Services. We do not become involved in disputes between users, or between users and any third party relating to the use of the Services. We do not oversee the performance or punctuality of Projects, and we do not endorse any content users submit to the Site. When you use the Services, you release Advocy from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party.
3. Our Fees
A Project Contributor will be charged a platform fee of $0.30 cents per transaction for making a contribution to an Approved Project Recipient. When funds for a contribution are transferred to an Approved Project Recipient’s Account using the Advocy Platform, the Approved Depository Account receiving such contribution will pay Advocy a payment processing fee. The processing fee will be withheld by Advocy from the funds being contributed to such Project Recipient. If the Contributor uses a credit or debit card to make the contribution, the Approved Depository Account will receive the contributed funds net of charges equal to 3.50% of the contribution (“payment processing fee”) plus 0.00% of the contribution (“campaign fee”). The fees paid to Advocy by each Approved Depository Accountare in consideration of the overall benefits received by such Approved Depository Accountfrom its use of the Advocy Platform,cover the fees charged by Advocy’s third-party payment processing services provider, the fees charged by Advocy’s third-party technology services provider, and other operating expenses of Advocy,and are considered by Advocy to be commercially reasonable and fair value for such use.
4. Other Websites
If you follow a link to another website, what happens there is between you and that website—not Advocy.
Advocy may contain links to other websites. (For instance, Project homepages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We do not control or endorse those sites.
Advocy partners with other companies (such as Elavon, Inc.) for payment processing. When you back or create a Project, you are also agreeing to the payment processor’s terms of service.
5. Creative Project Intellectual Property
Advocy does not own content that Recipient Campaigns submit to the Platform (“RC Content”). But Advocy does need certain licenses from Recipient Campaigns in order to perform our Services. When you as a Project Campaign submit a Project for review, or launch a Project, you agree to these terms:
• Advocy can use the RC Content you have submitted. You grant to Advocy, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your RC Content. In general, Advocy will use this RC Content to promote Projects and showcase our community on the website. There are many factors that we take into consideration before featuring a Project on the homepage or giving it a promoted status. This includes, but is not limited to, a crisp Project image with no logos, badges, or text on top, a clear and detailed description that includes a thorough plan for completing your Project, captivating images or videos, community engagement, what we think different users might be interested in, and significant creativity. In addition to giving some Projects a promoted status, we also carefully curate the homepage to highlight great examples of Advocy Projects. The Projects featured typically are independently successful or interesting to Advocy—based on factors such as creative innovation, honesty, and alignment with Advocy’s mission and charter—but we may also use previous experiences to surface popular Projects, Projects Users’ friends have backed and launched, and Projects recommended just for a particular User. Advocy may also recommend Projects that are gaining traction as a result of their Campaigns own advertising, and/or on the basis of a User’s prior search terms, browsing history, Project backings and other interactions, and cookies we have collected during Users’ visits to our website.
• When Advocy uses RC Content, you permit Advocy to make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your RC Content.
• Recipient Campaigns agree that they will not submit any RC Content that they do not hold the copyright for (unless they have express permission as laid out herein). RC Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless the Recipient Campaign has permission from the rightful owner of the material or is otherwise legally entitled to post the material, and to grant Advocy all the license rights outlined.
• Any royalties or licensing of RC Content are the Recipient Campaigns responsibility. Recipient Campaign Fundraiser will pay all royalties and other amounts owed to any person or entity based on RC Content, or on Advocy’s hosting of that RC Content.
• Recipient Campaigns promise and warrant that if Advocy uses any submitted RC Content, Advocy will not be violating anyone’s rights or copyrights. If Advocy or its users exploit or make use of your submission in the ways contemplated in this Creative Agreement, Recipient Campaigns promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
• Recipient Campaigns are responsible for the RC Content they post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that RC Content originated.
• Advocy are not responsible for mistakes in your RC Content. Advocy will not be liable for any errors or omissions in any RC Content.
6. Advocy’s Creative Project-Related Intellectual Property
Advocy’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. Users agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Advocy grants Users a license to reproduce content from the Services for personal use only. This license covers both Advocy’s own protected content and User-generated RC Content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If Project Recipients want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, they need prior written permission from Advocy or the relevant copyright holder. A “commercial purpose” means intent to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
7. How We Deal with Creative Project Copyright Issues
Advocy complies with the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Advocy complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law. Advocy reserves the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (Advocy does this when appropriate and at our sole discretion.)
We may view, copy, and internally distribute Content from Poster Messages and Recipient Messages:
To monitor your use of the Advocy Platform and to review the Content you place on the Advocy Platform for compliance with these Terms of Use; and
To create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Advocy Platform. We use these Tools to find Posters and Recipients who violate our Terms of Use or laws and to study data internally to make the Advocy Platform smarter and create better experiences for Posters and Recipients.
We may deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of Recipients in accordance with and as described in the Advocy Cookie Policy.
We may include commercial advertisements in Poster Messages and, as described in our Cookie Policy, use cookies to track the activity of Recipients with respect to such advertisements, such as whether a Recipient clicks on a link included in such advertisements.We then may send emails or text messages to such Recipients with additional commercial advertisements or subscription offers.
By agreeing to these Terms of Use and using the Advocy Platform to transmit Poster Messages or Recipient Messages, each Poster or Recipient promises to follow our Terms of Use, including these rules:
No spam!
No use of purchased, rented, or third-party lists of email addresses.
No use of the Advocy Platform for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or any other applicable laws.
No Poster Messages or Recipient Messages that promote or incite harm toward others, that promote discriminatory, hateful, or harassing Content, or that promote or incite insurrection, secession, revolution, rebellion, etc. To this end, we may suspend or terminate your account if you send a Poster Message or a Recipient Message or otherwise distribute any Content that we determine, in our sole discretion, contains any of the following:
i A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
ii Hateful Content.This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote theabuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
iii Insurrection, Secession, Revolution, Rebellion, etc. (Insurrection).This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, promote or incite insurrection, secession from, revolution, rebellion or similar actions or movements against or involving the United States of America, any of its 50 states, or any of its territories or the District of Columbia.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
iv. an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, A Threat of Physical Harm, or Insurrection;
va person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content, A Threat of Physical Harm, or Insurrection; or
vi. a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, A Threat of Physical Harm, or Insurrection.
If you violate any of these rules, then we may suspend or terminate your account.
Reporting Abuse:If you think anyone is violating any of these rules, please notify us immediately. If you received spam you think came from a Advocy Poster, please report it to us.
Each Poster further agrees, represents and warrants (as applicable) to Advocy that:
Such Poster will get and maintain all necessary permissions and valid consents required to lawfully transfer Content over the Advocy Platform and to enable such Content to be lawfully collected, processed, and shared by Advocy using the Advocy Platform or as otherwise directed by the Poster.
If a Poster collects any personal information or other Content pertaining to a minor and uses such information or Content in its Poster Emails, that it has obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.
Such Poster will comply with all laws and regulations applicable to the Poster Messages transmitted using the Advocy Platform, including those relating to (a) acquiring consents (where required) to lawfully send Poster Messages to each recipient of such messages, (b) the Content of the Poster Messages, and (c) its email and text messaging deployment practices.
Such Poster will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enableAdvocy to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of Recipients in accordance with and as described in the Advocy Cookie Policy.
Each Poster also agrees, represents and warrants (as applicable) to Advocy that each of its Poster Messages will comply with the following requirements:
It will not use false or misleading header information. The “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – in each Poster Message must be accurate and identify the person or business who initiated the message.
It will not use deceptive subject lines. The subject line must accurately reflect the content of the message.
It will not include any commercial advertisement or promote any commercial product or service in its Poster Messages or otherwise transmit a “commercial electronic mail message” or a “transactional or relationship message” (as such terms are defined in the CAN-SPAM Act) using the Advocy Platform.
Each Poster Message sent by email must include the Poster’s valid physical postal address. This can be the Poster’s current street address, a post office box it has registered with the U.S. Postal Service, or a private mailbox it has registered with a commercial mail receiving agency established under Postal Service regulations.
Each Poster Message sent by email must include a clear and conspicuous explanation of how the Recipient can opt out of getting email from the Poster in the future, including providing a return email address or another easy Internet-based way to allow Recipients to communicate their choice to the Poster.
Posters must honor opt-out requests promptly and in any event within 10 business days. Any opt-out mechanism must be able to process opt-out requests for at least 30 days after the Poster Message is sent. A Poster can’t charge a fee, require the Recipient to give any personally identifying information beyond an email address, or make the Recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once a Recipient has informed a Poster that they do not want to receive more messages from the Poster, the Poster can’t sell or transfer such Recipient’s email addresses or mobile phone numbers, even in the form of a mailing list. The only exception is that a Poster may transfer the address to a company it has hired to help it comply with the CAN-SPAM Act.]
1 How to Close Your Advocy Account
As long as there is no pending or in progress transactions, you may close your Advocy Account at any time. You may close your Advocy Account by sending us an email with the subject line, “Closing Advocy Account,” and then instructing us to close your Advocy Account.We will close your Advocy Account within a reasonable time after receiving your email with the proper subject line.After your Advocy Account is closed, you will not be able to use most of the features of the Advocy Platform without opening a new Advocy Account.Your account and contribution history will be available to Advocy after your Advocy Account is closed, including for FEC reporting and compliance filing and other lawful purposes.
2 Limitations on Closing Your Advocy Account
You may not close your Advocy Account to evade a payment investigation. If you attempt to close your Advocy Account while we are conducting an investigation, we may suspend your Advocy Account to protect Advocy or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Advocy Account even after your Advocy Account is closed.
Termination
Upon termination of this Agreement for any reason, we have the right to prohibit your access to the Advocy Platform, including without limitation by deactivating your User Name and Password, and cancelling your Advocy Account, and to refuse future access to the Advocy Platform by you.
G. Additional Rules and Restrictions for Verified Candidates and Affiliates
The following Rules and Restrictions for Verified Candidates and Verified Affiliates apply to use by an Approved Depository Account, whether a Registered Campaign, a Registered National Party Committee, or a PAC, of its Advocy Account under this Agreement.
1 Receiving Money
As provided by applicable law and regulation, there are limits to the amount of contributions you can receive from a particular User, which also apply to contributions a User may send using the Advocy Platform.
2 Representations by Registered Campaigns, Registered National Party Committees, and PACs that are Approved Depository Accounts
If you represent an Approved Depository Account, you represent that you are duly registered as a political campaign, national party committee or a connected committee (SSF), or an unconnected political action committee with the FEC and any relevant states and that your employees, officers, representatives, and other agents accessing the Advocy Platform are duly authorized to access the Advocy Platform and to legally bind you to this Agreement and all transactions conducted under your Verified Candidate or Affiliate User Name and Password.
3 Authority of Officers and Employees
If you are responsible for an Approved Depository Account, you agree that all officers, employees, agents, representatives, and others having access to the User Name and/or Password for a Verified Candidate or Affiliate shall be vested by you with the authority to use the Advocy Platform and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives, and others, regardless of whether authorized by you, that access the Advocy Platform using your Verified Candidate or Affiliate User Name and Password. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED, OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. ADVOCY SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY ADVOCY WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.
III. THIRD PARTY AGREEMENTS
A Advocy is Solely Responsible for the Advocy Platform
You acknowledge and agree that this Agreement is between you and Advocy, not with any third party (including, but not limited to, any app store or distribution platform, any mobile carrier, or any payment processing service), and that Advocy is solely responsible for the Advocy Platform. Advocy is solely responsible for providing maintenance and support services for the Advocy Platform.
If you access the Advocy Platform using your mobile device, you are responsible for any fees that your wireless service provider charges for SMS, data services, etc. Your wireless service provider is not the provider of the Advocy Platform.
B Covered Third Parties
Your use of the Advocy Platform may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple®, Google® or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing mobile device service. Third party operating system providers, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider used to access the Advocy Platform, and Advocy’s payment processing services provider are collectively referred to as “Covered Third Parties.” You agree to comply with all applicable third party terms of agreement when using the Advocy Platform. Advocy is not a party to those agreements and has no responsibility for the products and services provided by third parties.Covered Third Parties have no obligation to provide maintenance or support services for the Advocy Platform.
Covered Third Parties have no warranty obligations whatsoever with respect to the Advocy Platform.Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Advocy Platform to conform to any warranty provided by Advocy, if any, will be Advocy’s sole responsibility.
Advocy is responsible for addressing any claims relating to your use of the Advocy Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Advocy Platform fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims. Covered Third Parties have no such responsibility. If you have any issues with the Advocy Platform, please contact us at info@advocy.com.
C Access to the Advocy Platform on Apple Devices
If you are accessing the Advocy Platform on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Advocy Platform.
IV. GENERAL TERMS AND CONDITIONS.
A Notices to You
You agree that Advocy may provide notice to you by posting it on our website (including but not limited to our online documents), or if we have your email address or street address, by emailing it to the email address listed in your account or mailing it to the street address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. Advocy’s Business Days include all days on which the New York Federal Reserve Bank is open for business. We may also provide notice when you access the Advocy Platform.You will keep your contact information, including email address, up-to-date in your Advocy Account.
B Business Days
“Business Days” means Monday through Friday, excluding Holidays. “Holidays” means New Year’s Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25).If a Holiday falls on a Saturday, Advocy shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, Advocy shall observe the Holiday on the following Monday.
C Legal Notices to Advocy
You may contact Advocy for any non-legal purpose via the Contact Us information below or by email to info@advocy.com. You consent to all notices being sent to you by Advocy using the most recent email address and/or physical mailing address that you provided to Advocy.
D Candidate Information on Advocy
Advocy does not warrant that candidate descriptions, ratings and reviews, or any other content on Advocy is accurate, complete, reliable, or current. Information about candidates is provided for informational purposes only and does not constitute an endorsement by Advocy of any candidate, campaign, cause, party, or other organization.Advocy is not soliciting contributions on behalf of any candidate, cause, or party.The Advocy Platform is available to any User, including any contributor, candidate, campaign and national political party, and PAC to the extent authorized by the FEC, provided such User satisfies Advocy’s requirements for use of the Advocy Platform, accepts this Agreement, and abides by Advocy’s Community Rules.Advocy reserves the right, however, to withhold access to all or any function of the Advocy Platform by any person or entity for any reason.
E Intellectual Property
“Advocy.com,” “Advocy,” and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Advocy or its licensors. You may not copy, imitate or use them without Advocy’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Advocy. You may not copy, imitate, or use them without our prior written consent. You may not alter, modify or change these Advocy trademarks in any way, use them in a manner that is disparaging to Advocy or the Advocy Platform or display them in any manner that implies Advocy’s sponsorship or endorsement. All right, title and interest in and to the Advocy Platform is the exclusive property of Advocy and its licensors.
Certain other product or service names, brand names and trade names may be trademarks of their respective owners.
F Privacy
Protecting your privacy is very important to us. Please review our Privacy Policy, which is incorporated into this User Agreement by this reference, in order to better understand our use and disclosure of your information.
G Children’s Privacy
Protecting the privacy of children is important. Advocy does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 13 to register for the Advocy Platform. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal or payment information to us through the Advocy Platform. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at the information provided below in the “Contact Us” section.
H Loss or Theft of Account Information, PIN, and Mobile Device
If you believe that any of your Advocy Account registration information, PIN, or mobile device containing the Advocy App has been lost or stolen, or if your Advocy Account history shows transfers that you did not make, immediately contact Advocy via the Contact Us information below or by email to___.
I. Resolution Procedures for Unauthorized Contributions and Other Errors
The following terms and conditions apply with respect to all uses of the Advocy Platform.
1 Unauthorized Contributions and Other Errors
When an Unauthorized Contribution (defined below) or Other Error (defined below) occurs in your account, including Unauthorized Contributions that occur because your Advocy mobile-activated phone has been lost or stolen, Advocy will assist you in notifying the Approved Depository Account of such Unauthorized Contribution or Other Error and requesting that the full amount of your Unauthorized Contribution or Other Error be refunded to you as long as you follow the procedures discussed below.As provided below in Section III.P (No Liability of Advocy for Contribution Failures), Section III.Q (Disclaimers of Warranty; Damages Exclusions) and Section III.R (Limitations on Liability), Advocy’s liability for Unauthorized Contributions and Other Errors, and to Users of Advocy in general, is limited to the fullest extent permitted by applicable law.
An“UnauthorizedContribution”is a type of error that occurs when money is sent from your funding source that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your account, and sends a contribution from your funding source, an Unauthorized Contribution has occurred. However, if you give someone access to your account (for example, by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use. Such transactions are not considered Unauthorized Contributions.
In addition,“Other Errors”occur when contributions are incorrectly recorded in your account. Routine inquiries about your contributions or the status of a pending contribution are not considered Unauthorized Contributions or Other Errors unless you expressly notify us of an Unauthorized Contribution or Other Error in connection with the contribution. Requests for information for tax or other recordkeeping purposes and requests for duplicate documentation also are not deemed to be Unauthorized Contributions or Other Errors. You may request documentation or information regarding your Advocy Account to determine whether an Unauthorized Contribution or Other Error exists by contacting us through the “Contact Us” link on the Advocy website.
2 Notification Requirements
You should immediately notify Advocy if you believe:
You should regularly log into your Advocy Account and review your contribution history to ensure that there has not been an Unauthorized Contribution or Other Error.Advocy will also send an email to your primary email address on file in order to notify you of each contribution you make.You should review those emails to ensure that each contribution was authorized and is accurate.
For Unauthorized Contributions or Other Errors in your Advocy Account, notify us as follows:
By contacting to us as directed the “Contact Us” tab below; or
By emailing us at support@Advocy.com.
When you notify us, provide us with all of the following information:
Your name, and the email address and phone number registered to your Advocy Account;
A description of any suspected Unauthorized Contribution or Other Error and an explanation of why you believe it is incorrect or why you need more information to identify the transaction; and
The dollar amount of any suspected Unauthorized Contribution or Other Error.
During the course of our investigation, we may request additional information from you.
3 Advocy Actions After Receipt of your Notification
Once you notify us of any suspected Unauthorized Contribution or Other Error, or we otherwise learn of one, we will do the following:
Freeze any pending transactions;
Refund any money still in Advocy’s possession;
Notify any relevant Approved Depository Accounts and request that they work with you to issue a refund.
J. Restricted Activities
In connection with your use of our website, your Advocy Account, or the Advocy Platform, or in the course of your interactions with Advocy, another User of Advocy or a third party, you will not violate our Community Rules or break any applicable laws.
K Legal Compliance
You agree you will not use the Advocy Platform to violate any law, statute, ordinance, or regulation.You are solely responsible for ensuring that your use of the Advocy Platform is in conformance with applicable federal, state and local laws and regulations.
L Your Liability
If Advocy incurs any damages because you breach this Agreement, violate our Community Rules (which may be found on the home page of our website at https://www.Advocy.com) or other policies, break any laws, or otherwise cause Advocy to suffer any damages or incur any expenses then we may take legal action against you to recover our losses, investigation costs, fines, or legal fees we may incur. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Advocy, a Advocy User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Advocy Platform. You agree to reimburse Advocy, a User, or a third party for any and all such liability.
You acknowledge that you are responsible for the accuracy of all contributions made using the Advocy Platform, including but not limited to the accuracy of the amount paid and the recipient. Advocy shall not be responsible or in any way held liable due to inaccurate payment of contributions, including but not limited to making a contribution in the wrong amount or to the wrong Authorized Recipient, Other Approved Recipient or Earmarked Account.
M. Actions by Advocy
If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement, violated Advocy’s Community Rules, or provided any incorrect information, we may take various actions to protect Advocy, another Advocy User, a third party, or you. The actions we may take include but are not limited to the following:
N. Account Closure, Termination of Account, or Limited Account Access
Advocy, in its sole discretion, reserves the right to terminate this Agreement, access to its website, and access to the Advocy Platform for any reason and at any time with or without notice to you.
If we limit or close your Advocy Account or terminate your use of the Advocy Platform for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, including Advocy’s Community Rules, such restoration is at our sole discretion.
You may stop using the Advocy Platform at any time and may close your Advocy Account by contacting us.
O. Disputes with Advocy
1 Notice of Dispute
If a dispute arises between you and Advocy, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Advocy regarding your use of the Advocy Platform may be reported by emailing us at the following email address:info@advocy.com.
2 Law and Forum for Disputes; Arbitration
This User Agreement shall be governed in all respects by the laws of the State of Tennessee, without regard to conflict of law provisions, except to the extent that federal law applies.
ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this User Agreement including, but not limited to, any claim that all or any part of this User Agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any non-frivolous claim, Advocy will pay the costs of the arbitration (but not your attorney fees), up to $3,000.
This User Agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings.
There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in general sessions court in Nashville, Tennessee, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within Davidson County, Tennessee for the purpose of litigating such claims or disputes.
3 Waiver of Right to Jury; Class Action Waiver
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR 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, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
P No Liability of Advocy for Contribution Failures
Advocy will not be liable if a contribution made using the Advocy Platform is not completed or made on time or in the correct amount except to the extent required by law.Advocy will not be liable:
· If, through no fault of Advocy’s, you do not have enough money in your bank account or sufficient credit remaining on your credit card to make the intended contribution
Q. Disclaimers of Warranty; Damages Exclusions
Unless otherwise prohibited by law, you assume all responsibility for your use of the Advocy Platform and use it at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Advocy does not warrant that the Advocy Platform will be uninterrupted or error-free, that defects will be corrected, or that the Advocy Platform, or the servers that process information for the Advocy Platform, are free of viruses, bugs or other harmful components. On behalf of Advocy, Covered Third Parties, and each of our respective affiliates, vendors, agents and suppliers, Advocy makes the following disclaimers set forth in this section: the Advocy Platform is provided on an“as is”, “as available” and “with all faults”basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the Advocy Platform, or the information, content or other materials related to the Advocy Platform, whether provided by Advocy, any third party, or any of the Covered Third Parties. Neither Advocy, nor any third party, nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the use of the Advocy Platform in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing the Advocy Platform, including, but not limited to, your mobile phone or other device.
ADVOCY IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY CONTRIBUTION OR PLEDGE DETAILS ON SOCIAL MEDIA OR WITHIN THE ADVOCY PLATFORM, AND YOU AGREE TO HOLD ADVOCY HARMLESS AND INDEMNIFY ADVOCY FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network.
NONE OF ADVOCY, ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THE COVERED THIRD PARTIES, OR ANY OF THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS OR SUPPLIERS) WILL BE LIABLE FOR, AND YOU AGREE NOT TO SEEK AGAINST ANY OF THE FOREGOING, ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE ADVOCY PLATFORM, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE USE OF ADVOCY PLATFORM, LOSS OF USE OF THE ADVOCY PLATFORM, LOST DATA, LOST PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ADVOCY PLATFORM, ANY DELAYS IN THE ADVOCY PLATFORM, OR THE INABILITY TO USE THE ADVOCY PLATFORM, OR ANY PORTION THEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALL OR ANY OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Advocy will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Advocy makes no representations or warranties regarding the amount of time needed to complete processing because Advocy is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. mail service.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
R. Limitations on Liability
Except as otherwise EXPRESSLY provided in this Agreement, and to the extent permissible under applicable law, Advocy’s cumulative liability to you for any claims or damages arising out of or related to your use of the Advocy Platform for which Advocy is found liable shall not exceed the amount of the fees you paid to Advocy (ie., excluding third party fees you paid) for your use of the Advocy Platform during the twelve months immediately preceding the month in which your claim occurred.
These limitations on liability apply to: anything related to the Advocy Platform or any application or content made available through the Advocy Platform; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if a refund of the contribution does not fully compensate you for any losses; or Advocy, any third party (including, without limitation, any Covered Third Party) knew or should have known about the possibility of the damages.
These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
S License Grant
Certain of the features of the Advocy Platform require the use of software and software applications provided to you by Advocy (collectively “Software”). Advocy and its licensors grant you a limited, nonexclusive license to use Advocy’s Software in the United States that we provide to you solely in accordance with this Agreement and any User documentation we may provide, including all updates, upgrades, new versions and replacements of the Software (all of which become part of the “Software”) for your personal use only in accordance with this Agreement. If the Software will be downloaded to a mobile device, this license extends to your use of the Software on a device that you own or control, as long as your use is permitted by the usage rules set forth for your particular device (for example, the Apple App Store Terms of Use). You may not rent, lease or otherwise transfer your rights in the Software to a third party. You must comply with the implementation and use requirements for the Software contained in this Agreement or in any Advocy Platform documentation we provide to you. If you do not comply with such implementation and use requirements, you will be liable for all resulting damages suffered by you, Advocy or any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to the Software are owned by Advocy. Your rights to use the Software cease immediately upon termination of this Agreement and you must delete all of your copies of the Software.
T Indemnification and Release of Advocy
You agree to defend, indemnify and hold harmless Advocy and its affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorney’s fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Advocy Platform.
If you have a dispute with one or more Approved Depository Accounts relating to your contributions, Advocy is not responsible for any such dispute and you hereby release Advocy (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
U. Assumption of Rights
If Advocy makes a payment to you for a claim, reversal or chargeback that you file with us against a recipient of your contribution, you agree that Advocy assumes your rights against the recipient and third parties related to the contribution, and may pursue those rights directly or on your behalf, in Advocy’s discretion.
V Modification of Terms
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it unless it contains material changes. If we make changes to our Agreements with you that either reduce your rights or increase your responsibilities, we will provide 21 days’ notice to you before the changes become effective. By using the Advocy Platform after a new Agreement has been posted, you agree to the revised Agreement.
W. Survival
In the event of termination of this Agreement or the Advocy Platform, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
X Force Majeure
We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
Y Miscellaneous
This Agreement and other documents (including but not limited to the Privacy Policy) referenced in or linked to this Agreement, which are hereby incorporated herein and made a part of this Agreement by this reference, contain yours and our entire Agreement regarding your use of the Advocy Platform. If any provision of this Agreement is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforceability will not affect the validity or enforceability of any other provisions of this Agreement, which together will be construed as if such illegal or unenforceable provision had not been included in this Agreement. Any legal action arising out of your use of the Advocy Platform must be brought within one year after the cause of action has arisen. The section headings in this Agreement are for convenience of reference only and are not to be considered as parts, provisions or interpretations of this Agreement. You may not transfer or assign any rights or obligations you have under this Agreement without Advocy’s prior written consent. Advocy reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.
Z Independent Contractors
The parties agree they are independent contractors to each other in performing their respective obligations hereunder. Nothing in this Agreement or in the working relationship being established and developed hereunder shall be deemed or is intended to be deemed, nor shall it cause, the parties to be treated as partners, joint venturers, or otherwise as joint associates for profit.
HOW TO CONTACT US
If you have questions or concerns regarding this Agreement or your Advocy Account, or any feedback that you would like us to consider, please contact us at feedback@advocy.com, or call us at (615)-326-5102
Effective date of this version: December 1,2022