Terms of Agreement
These Terms of Agreement (“Terms” or “Contract”) apply to your access and use of Ideologix Insights, LLC’s dba Poll The Vote (“PTV”, also referred to as “we”, “us”, “our”) products, services, websites, and apps that you purchase or sign up for on PTV ‘s websites and which are branded as “Poll The Vote” or “PTV” (collectively the “Service(s)”). Such Services include, but are not limited to pollthevote.com, Poll The Vote platform, and Poll The Vote- or PTV-branded apps.
You agree that by clicking “Sign Up,” “Join Now,” “Join PTV,” “Join Poll The Vote,” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with PTV (even if you are using our Services on behalf of a company). If you do not agree to this Contract, do not click “Sign Up” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this Contract, at any time you can do so by deactivating your account and no longer accessing or using our Services.
By registering, accessing, or using our Services, you also acknowledge that you have had the opportunity to review our standalone Privacy Notice, which includes our Cookie Policy, and you consent to our collection, use and disclosure of your personally identifiable information in accordance with the Privacy Notice.
1. Introduction
1.1. Members, Business Users, and Visitors
PTV offers basic and subscription plans that are built for, and intended for use by consumers for personal, family, or household use. Such individuals who register and join the Services are our “Members.” In such cases, “you” and “your” will refer to the individual Member.
PTV also offers basic and subscription business plans (e.g., Organization Accounts) that are built for, and intended for purchase and use by sole practitioners, entities and organizations for business and professional purposes, and are not intended for use by consumers for personal, family, or household use. When using the Services on behalf of an organization (“Business User”), you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such cases, “you” and “your” will refer to that organization.
When joining the Services, all users must join as individual Members. Members will have the ability to upgrade to Organization Accounts within the platform.
If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
1.2. Changes to Terms
We may modify this Contract, our Privacy Notice and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may deactivate your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.
2.1. Service Eligibility
The Services are intended for use by United States (“U.S.”) citizens, persons eligible to participate in U.S. elections, or persons who will become eligible to participate in U.S. elections upon reaching the age of majority.
The Services are not for use by anyone under the age of 15 (the “Minimum Age”). If you are under the age of eighteen (18) (or the legal age of majority in your jurisdiction), you represent by accessing Services that you have your parent’s or legal guardian’s approval to access them. Some of our Services may also be subject to additional age or parental consent restrictions. If you are the parent or legal guardian of a user under the age of eighteen (18), by allowing your child to use the Services, you are subject to these Terms and responsible for your child’s related activity.
Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the Minimum Age. If we receive actual notice that you are under the Minimum Age, are under the age of 18 and lack parental approval, or have otherwise created an account with false information, we will terminate your access to the Services, deactivate your account, and delete your data in accordance with our Privacy Notice.
2.2. Your Account
Members and Business Users are account holders. You agree to: (1) use a strong password and keep it confidential; and (2) follow the law and our list of Acceptable Uses in Section 2.4. You agree to immediately notify PTV of any unauthorized use or misuse of your account, email, or password. You are responsible for anything that happens through your account unless you deactivate it or report misuse.
As between you and others (including your employer), your Member account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Organization Account purchased or managed by employer), the party paying for or managing such Service has the right to control access to and get reports on your use of such Service; however, they do not have rights to your personal Member account.
PTV may close your account and delete or deactivate any content (including your Content, as defined in Section 5.1) contained in it if there is no account activity (such as a log in event or payment) for over 12 months. Where appropriate, we will attempt to warn you by email before closing your account due to inactivity to provide you with an opportunity to log in to your account so that it remains active.
2.3. Notices
By joining, accessing, or using the Services, you Agree to receive notices and messages from PTV. You agree that PTV will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information accurate, current, and complete.
2.4. PTV Acceptable Uses
2.4.1. Acceptable Uses
You agree that you will:
(a) Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
(b) Create your account using your real name, and provide accurate, current and complete information;
(c) Only create and maintain one active account per Member;
(d) Complete any poll you choose to partake in in good faith, including: (a) completing any polls truthfully and carefully; (b) not using another person’s account to answer polls; (c) personally answering polls made available to you; and (d) not providing false or misleading data in your poll responses, including responses that are inconsistent with prior responses or statistically improbable (as determined by us in our sole discretion); and
(e) Use the Services in a professional and respectful manner.
2.4.2. Unacceptable Uses
You agree that you will not:
(a) Create a false identity on PTV, misrepresent your identity, create a Member account for anyone other than yourself (a real person), or use or attempt to use another’s account;
(b) Use the Services to commit an unlawful activity or use the Services for activities where use or failure of the Services could lead to physical damage, death, mental harm, or personal injury;
(c) Use the Services if you are prohibited under any applicable laws from doing so. If you are located in a country prohibited by U.S. trade controls or trade controls of another applicable jurisdiction from receiving the Services, or you are on a list of prohibited or restricted parties, including as examples, the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or the U.S. Treasury Department’s list of Specially Designated Nationals or similar lists in other applicable jurisdictions, you are not permitted to use and/or purchase any Services from PTV. You will ensure that: (a) your end users do not use the Services in violation of any U.S. export restriction or trade or economic sanction or similar laws of other applicable jurisdictions; and (b) you do not provide access to the Services (including as respondents) to persons or entities on any of the above lists;
(d) Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy account information and other data from the Services;
(e) Override any security feature or bypass or circumvent any access controls or use limits of the Service;
(f) Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of PTV;
(g) Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
(h) Violate the intellectual property rights of others;
(i) Violate the intellectual property or other rights of PTV;
(j) Reverse engineer the Services, or assist anyone else to do so, to the extent such restriction is permitted by law;
(k) Purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
(l) Imply or state that you are affiliated with or endorsed by PTV without our express consent;
(m)Use a temporary email address, bots, or other automated methods to access the Services;
(n) Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses);
(o) Monitor the Services’ availability, performance or functionality for any competitive purpose;
(p) Provide Content that is harassing, abusive, or violent. PTV does not allow bullying or harassment. This includes targeted personal attacks, intimidation, disparagement, shaming, and abusive language directed at other Members. Do not reveal others’ personal or sensitive information, or incite others to do the same. We do not allow threatening or inciting violence of any kind. You may not use PTV to express support for such individuals or groups or to otherwise glorify violence;
(q) Provide Content promoting dangerous individuals or organizations. PTV does not allow violent extremist groups or terrorist organizations on our platform or Services. We do not allow any individuals who affiliate with such groups or organizations to have a PTV account; and/or
(r) Provide Content that is hateful. PTV does not allow content that attacks, denigrates, intimidates, dehumanizes, incites or threatens hatred, violence, prejudicial or discriminatory action against individuals or groups because of their actual or perceived race, ethnicity, national origin, caste, gender, gender identity, sexual orientation, religious affiliation, age, or disability status. Hate groups are not permitted on PTV. Do not use racial, religious, or other slurs that incite or promote hatred, or any other content intended to create division.
3.1. Fees for Services
You agree to pay to PTV any fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for that Service at the time of your purchase, and any applicable taxes. Such fees may be updated from time to time in accordance with Section 3.5 below. You also agree that:
· Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
· We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase or as required by the State of Nebraska, based upon PTV being located in Omaha, Nebraska (Douglas County, Nebraska).
· Fees paid by you are non-refundable, except as provided in these Terms or when required by law (see Section 10 for more information).
We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. We do not control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your account. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
3.2. Subscriptions
Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your account management page, or by contacting YourVoteCounts@PollTheVote.com. YOU MAY CANCEL AUTO-RENEWAL ON YOUR SUBSCRIPTION AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT BILLING CYCLE BEFORE TERMINATING.
When you cancel your Subscription, you will be able to access the Service until the end of that billing cycle. Thereafter, you will no longer have access to the Service for that Subscription. Where you no longer have an active Subscription, your account becomes a Member Basic (free) plan or Organization Basic (free) plan, as applicable. To deactivate your account and terminate your contract with us, please see Section 10.1 below.
3.3. Overage Fees
Each Decision-Maker Organization Subscription comes with a set limit of polls and poll questions, depending on the selected plan. If you wish to exceed your paid Subscription limit during a billing cycle, additional charges per poll, per number of questions, and/or per number of Members served will apply (“Overage Fees”).
3.4. Basic (Free) Subscriptions
There are no fees for basic Member and Organization Subscriptions. You may, at your sole discretion, make a voluntary contribution to support the PTV platform and Services. PTV is a for-profit organization, and such contributions are not tax-deductible.
3.5. Price Changes
PTV may change the fees charged to you for the Services at any time, provided that, for Subscriptions, the change will become effective only at the end of the then-current billing cycle of your Subscription. PTV will provide you with advance notice to review any change in fees. If you do not agree to the change in fees, you may cancel your Subscription before the change takes effect. See Section 3.2 for cancelling your Subscription.
4.1. The Polling Process
From time to time, Members will receive prompts from within the Service, or sent to the contact information you provided us (e.g., email, mobile number, physical address) inviting you to participate in polls for research projects conducted for the benefit of PTV or its Business Users. PTV or our Business Users will require polls to focus on specific demographic, psychographic, and/or geographic groups, meaning not all registered Members will be invited to participate in every poll and not all respondents to a poll invitation will be allowed to complete each poll. Invitations to participate in polls will be sent out based upon the demographic, psychographic, and/or geographic criteria provided by Members during the registration process and by the additional information provided through the Service. Keeping your account information accurate and up to date helps us connect you with relevant polls.
4.2. Organization Accounts
Business Users may utilize the Services to develop and/or deploy polls to Members or conduct other research activities (collectively, “Research Projects”). Certain polls may be deployed by Business Users as part of the selected Decision-Maker Subscription plan. Other Research Projects may be subject to additional terms and conditions. Costs, timing, and feasibility of such Research Projects depend on the nature or scope of the project, and are based upon Business User specifications. Changes to any of these specifications may result in a change in cost, timing, or even feasibility. PTV reserves the right to adjust costs, timing, or feasibility for any Research Project.
4.3. Automated Processing
PTV uses the information and data that you provide and that we have about Members to make recommendations for connections, content, and features that may be useful to you. For example, we use data and information about you to generate poll invitations for you, and to connect you with your elected officials, our other Business Users, and community interests. Keeping your account information accurate and up to date helps us to make these recommendations more accurate and relevant.
4.4. Limits
PTV reserves the right to limit your use of the Services, including your ability to participate in polls, contact political representatives, or contact other Members. PTV reserves the right to restrict, suspend, or terminate your account if you breach these Terms, violate the law, or are misusing the Services (e.g., violating any of the Acceptable Uses set forth in Section 2.4).
4.5. Service Availability
We may change, suspend or discontinue any of our Services. We do not promise to store or keep showing any information and content that you have provided. PTV is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Notice.
5.1. Your Content
In the course of using the Services, you may submit content to PTV (including but not limited to your poll responses, personal data, and personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). You acknowledge that such Content may be visible to other Members and Business Users.
5.2. Ownership Of Your Content
You retain ownership of all of your intellectual property rights in your Content. PTV does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited license described in these Terms.
5.3. Limited License To Your Content
You grant PTV a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing and improving the Services and as permitted by the PTV Privacy Notice. Where permitted under applicable law, this license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of PTV’s business (subject to our retention policies). This license also extends to any trusted third parties we work with to the extent necessary to provide and improve the Services.
5.4. Your Content Is Your Responsibility
You acknowledge that Content provided by you is your sole responsibility. This means that you, and not PTV, are entirely responsible for all Content you upload, post, link to, email or otherwise transmit via your use of the Services or your participation in any polls. You represent and warrant that: (a) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties; and (b) you will not submit, upload, or otherwise make available via the Services, any Content or materials that are in breach of our Acceptable Uses set forth in Section 2.4.
5.5. Disclaimer of Liability And Removal Of Content
Except as explicitly provided herein or otherwise required by applicable law, PTV has no obligation to monitor or review any Content submitted to the Services. You understand that by using the Services, you may be exposed to Content, and you agree that you must evaluate, and bear, all risks associated with the use of any Content, including any reliance on its accuracy, completeness, or usefulness.
Notwithstanding the foregoing, PTV shall have the right, in their sole discretion and in accordance with applicable laws, to refuse, edit, move or remove any Content, whether or not that content violates the Acceptable Uses of Section 2.4 or otherwise violates these Terms.
5.6. Feedback
If you submit any feedback or suggestions to us regarding our Services, PTV may use and share them for any purpose without any compensation or obligation to you.
5.7. Customer Lists
If you are a Business User, PTV may identify you by name and logo as a customer of the Services on our websites and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.
6.1. Member Privacy
The privacy of our Members and the confidentiality of the personal data they provide us are PTV’s top priority. Personal data will never be included with the poll response information we provide to our Business Users without the Member’s consent, nor will we ever sell any of your personal information to any third party. The personal data we provide to our Business Users is aggregated and de-identified. Please refer to our Privacy Notice for further details on the steps we take to ensure your privacy. You in turn agree that PTV may use and share your Content in accordance with the PTV Privacy Notice and applicable law.
6.2. Confidentiality
The privacy of our Members and the confidentiality of the personal data they provide us are PTV’s top priority. Personal data will never be included with the poll response information we provide to our Business Users without the Member’s consent, nor will we ever sell any of your personal information to any third party. The personal data we provide to our Business Users is aggregated and de-identified. Please refer to our Privacy Notice for further details on the steps we take to ensure your privacy. You in turn agree that PTV may use and share your Content in accordance with the PTV Privacy Notice and applicable law.
PTV will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the PTV Privacy Notice). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by PTV); (b) was lawfully known to PTV before receiving it from you; (c) is received by PTV from a third party without knowledge of breach of any obligation owed to you; (d) is shared in the context of your account being identified by you as a Business User, if your account is registered using a work email address within that organization; or (e) was independently developed by PTV without reference to your Content. PTV may disclose your Content when required by law or legal process, but only after PTV, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
6.3. Security
PTV will store and process your Content in a manner consistent with industry security standards. PTV has implemented appropriate technical, organizational, and administrative systems, policies, and procedures.
If PTV becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, Personal Data, as that term is defined in our Privacy Notice, related to your account (“Security Incident”), PTV will take reasonable steps to notify you in accordance with applicable law. Such notification shall not be interpreted or construed as an admission of fault or liability by PTV. A Security Incident does not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, or other network attacks on firewalls or networked systems. PTV will also reasonably cooperate with you with respect to any investigations relating to a Security Incident and any required notices.
7.1. DMCA Notices Or Equivalents
PTV responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA) or equivalent applicable laws and regulations. If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify our agent for claims of copyright infringement at techsupport@pollthevote.com[A1] .
7.2. Other Infringement Claims
If you believe a PTV Member or Business User is infringing upon your intellectual property rights, you may report it at techsupport@pollthevote.com[A2] . Claims of copyright infringement should follow the process outlined in Section 7.1 of these Terms, or any equivalent process available under local law.
8.1. Ownership
All content contained on, or linked to or from, the Services are protected by copyright, trademark, service mark and other intellectual property laws, Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). These Terms do not grant you any right to use PTV’s trademarks, brand elements, or other intellectual property. Except as expressly authorized by PTV, you agree not to use, reproduce, disclose, duplicate, modify, rent, lease, loan, sell, distribute, exploit for any commercial purpose, or create derivative works based upon the Services, in whole or in part.
8.2. Poll Ownership And Confidentiality
All content and materials used in PTV polls are subject to intellectual property rights owned or licensed by the poll creator (PTV or Business User). Members do not obtain any intellectual property rights to the questions asked in PTV polls by accessing or completing a PTV poll, and acknowledge that PTV polls are confidential. Members may access PTV polls for the sole purpose of responding to them, and agree to keep PTV polls in strict confidence and to not disclose the content of PTV polls to any third party, except if required by law.
8.3. Your License To Use PTV
PTV grants you a personal, non-commercial, non-transferable and non-exclusive license to use the object code of its software on a single computer for the limited purposes of registering as a Member and/or Business User, and completing polls, provided you do not (and you do not allow third parties to): (i) distribute, disclose, copy, modify, or create derivative works of the software or content; (ii) reverse engineer, reverse assemble, or otherwise attempt to discover any source code; or (iii) sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software or content for any purpose. You agree to access the Services only through the interface provided by pollthevote.com and the PTV app.
9.1. Advertising
PTV may publish links in its Services to internet websites maintained by third parties. PTV does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third party links are the property of their respective owners.
9.2. Third Party Services
PTV may provide you with access to, or enable third party software, applications, products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Service and PTV’s website. Your purchase, access or use of any such Third Party Services is solely between you and the applicable Third Party Services provider (“Third Party Provider”). In addition to these Terms, you agree to be bound by any additional terms and conditions applicable to services you purchase from, or that are provided by, Third Party Providers. If you install or enable a Third Party Service for use with the Service, you grant us permission to allow the applicable Third Party Provider to access your Content and to take actions as required for the interoperation of the Third Party Service with the Service, and any exchange of your Content or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. We do not provide any warranties or make representations to you with respect to Third Party Services. Any use by you of Third Party Services offered through the Service or PTV’s website is entirely at your own risk and discretion, and the security of your Content is your responsibility. You are responsible for reading the terms and conditions and/or privacy policies applicable to such Third Party Services before using them and ensuring such Third Party Services meet your requirements or any legal or other requirements you may be subject to. You acknowledge that PTV has no control over Third Party Services and will not be responsible or liable to you or anyone else for such Third Party Services, or for any transaction you may enter into with Third Party, or for what the Third Party Services do. PTV does not guarantee the availability of Third Party Services and you acknowledge that PTV may disable access to any Third Party Services at any time, in its sole discretion and without notice to you. PTV is not responsible or liable for the discontinuation or suspension of access to, or disablement of, any Third Party Service.
10.1. By You
You can cancel your Subscription and/or deactivate your account at any time through the Poll The Vote application. When you deactivate your account, your Subscription will automatically be cancelled, your Services will be terminated, and you will no longer be able to access your account to use the Services and your Content will be deleted in accordance with our data retention policy set forth in our Privacy Notice and these Terms. If you would like to cancel your Subscription without deactivating your account, see Section 3.2 for further information.
When you deactivate your account, we will provide you with confirmation of account deactivation and Subscription cancellation, and you will not be charged again for that Subscription unless you open a new account and purchase a new Subscription. If you cancel a Subscription in the middle of a billing cycle, you will not receive a refund unless you are canceling for any of the following reasons: (a) a refund is required by law; or (b) we, in our sole discretion, determine a refund is appropriate.
10.2. By PTV
10.2.1. For Convenience. PTV may cancel your Subscription and terminate the Services effective at the end of a billing cycle by providing at least 30 days’ prior written notice to you without refund for any prior period. Additionally, PTV may cancel your Subscription and terminate the Services at any time during the billing cycle by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use the relevant Service(s) in that billing cycle.
10.2.2. For Cause. PTV may limit, disable, suspend and/or cancel your Subscription and terminate the Services and/or deactivate your account for any of the following reasons: (a) tampering with, disrupting, or attempting to disrupt, or any unauthorized use, misuse or abuse of any aspect of the Services or any poll; (b) you have materially breached these Terms and failed to cure that breach within 30 days after PTV has so notified you in writing; (c) you fail to pay fees for 30 days past the due date; (d) you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services, including but not limited to in violation of the Acceptable Uses of Section 2.4; (e) if we are investigating suspected misconduct by you, including illegal activity; or (f) we are required to do so to comply with applicable law. If we limit, disable, suspend and/or cancel your Subscription and/or terminate the Services, depending upon the reason, we will, where possible, endeavor to give you advance notice. However, there may be time sensitive situations where PTV may decide that we need to take immediate action without notice. PTV will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Except as set out in our Privacy Notice, and as may be required under applicable law, PTV has no obligation to retain your Content upon closure of your account. Such termination would include: (i) removal of all access to participation in polls; (ii) removal of email address, password, and registration information; and (iii) prohibition of future registration on and use of the Services.
10.2.3. Notwithstanding the foregoing, PTV reserves the right to terminate the account of any Member or Business User and/or modify, or discontinue temporarily or permanently the Services (or any part thereof) with or without cause, notice or explanation. Except as explicitly set forth in these Terms, PTV shall not be liable to any Member, Business User, former Member, former Business User, or third party for any termination of a member or for any modification or discontinuance of the pollthevote.com site or Services (or any part thereof).
11.1. Disclaimers
While PTV intends to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND PTV DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
11.2. Exclusion Of Certain Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, PTV (INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.3. Limitation Of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF PTV (INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO PTV FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) $200.00 USD.
IN JURISDICTIONS WHERE THE ABOVE TYPES OF EXCLUSIONS (SECTION 11.2) AND/OR LIMITATIONS (SECTION 11.3) ARE NOT PERMITTED BY LAW, WE ARE RESPONSIBLE TO YOU ONLY FOR YOUR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE ALL REASONABLE SKILL AND CARE OR THAT DIRECTLY RESULT FROM A MATERIAL BREACH OF THESE TERMS.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer using our Services primarily for non-business purposes (such as personal use of our Member plans), nothing in these Terms limits those consumer rights.
11.4. Indemnification
If you are a business, you will indemnify and hold harmless PTV (including its affiliates and its and their officers, agents, and employees) from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
12.1. Changes to Services
PTV constantly changes and improves the Services. PTV may add, alter, or remove functionality from a Service it provides to you at any time without prior notice, except as may be required by applicable law. PTV may also limit, suspend, or discontinue a Service provided to you at its discretion. PTV may remove content, including your Content, from the Services it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
12.2. Subscription Downgrade
Downgrading your account plan (changing your Subscription type, or cancelling a Subscription and downgrading to our Member Basic (free) plan or Organization Basic (free) plan) may cause the loss of Content, features, functionality, or capacity of your account.
PTV may designate or offer certain Services, products, or features, as a pre-release, alpha, preview, early access, or beta version (“Beta Service”). If you are using a Beta Service, the following terms also apply:
13.1. Offered As-Is
A Beta Service is offered as-is to allow for testing and evaluation; it does not represent the final product or service and may contain bugs that may cause system or other failure, errors, and data loss. PTV may, in its sole discretion and at any time, remove or discontinue the Beta Service and release a commercial version of the Beta Service. PTV may choose not to release a commercial version of the Beta Service. You must promptly cease using the Beta Service if we request you to do so.
13.2. Data Collection And Feedback
In exchange for your use of a Beta Service, you agree that PTV may collect data regarding your use of the Beta Service, including any feedback, and analyze your Content (including manual review) to improve and troubleshoot the Service. If you do not wish to have this usage or feedback data collected or Content analyzed, you must immediately discontinue your use of the Beta Service.
13.3. Disclaimer
PTV makes no representations or warranties for a Beta Service, including any warranty that Beta Service will be generally available, uninterrupted or error-free, or that your Content will be secure or not lost or damaged. Except to the extent prohibited by law, PTV expressly disclaims all warranties for a Beta Service, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade. PTV will have no liability arising out of or in connection with a Beta Service. Any use by you of a Beta Service is entirely at your own risk and discretion.
13.4. Confidential
Beta Services are confidential until officially launched by PTV. If you use any Beta Service, you agree not to disclose any information about the Beta Service to anyone else without our prior written permission.
14.1. Assignment
You may not assign these Terms without PTV’s prior written consent, which may be withheld in PTV’s sole discretion. PTV may assign these Terms at any time without notice to you.
14.2. Entire Agreement
These Terms (including additional terms if applicable) constitute the entire agreement between you and PTV, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you, or in your procurement, invoicing, or vendor onboarding portal do not apply to the Services, do not override or form a part of these Terms, and are void.
14.3. Independent Contractors
The relationship between you and PTV is that of independent contractors, and not legal partners, employees, or agents of each other.
14.4. Language
These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
14.5. No Waiver
The failure of PTV to exercise or enforce any provision of these Terms shall not constitute a waiver of any such right or provision.
14.6. Severability
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
14.7. Third Party Beneficiaries
There are no third party beneficiaries to these Terms.
14.8. Survival
The following sections will survive the termination of these Terms: Introduction, 3, 5.3, 6, 10, 11, 13, and 14.
14.9. Governing Law And Jurisdiction
These Terms and Conditions are made under and will be construed in accordance with the laws of Nebraska, without reference to its conflict of laws principles. Each party consents to submit all disputes arising under these Terms and Conditions (excluding requests for injunction) exclusively to the American Arbitration Association (AAA) for binding arbitration. The arbitration shall be governed by the United States Arbitration Act, shall be conducted in Omaha, Nebraska, and judgment on the award may be entered by any court having jurisdiction. The arbitrator shall not limit, expand or modify the terms of these Terms. All requests by any party to a court for interim protection (including any request for injunction) shall be subject to the exclusive jurisdiction of and venue in the state or federal courts of Douglas County, Nebraska, and shall not affect either party’s obligation hereunder to arbitrate all other disputes. Each party shall bear its own expenses and an equal share of all arbitration fees and costs. The arbitrator(s) shall be competent in the legal and technical aspects of the subject matter of these Terms. The arbitration hearings, orders and awards shall be held in confidence by all participants.
14.10. How To Contact Us
For general inquiries, you may contact PTV at YourVoteCounts@PollTheVote.com. For legal notices or service of process, you may write us at the following address:
Ideologix Insights, LLC
1737 South 173rd Plaza
Omaha, NE 68130
Version 1.1
Last Updated: July 30, 2024