1.1 Description of Service. The Rally Congress Service allows You to create a free trial account, or a paid account, which includes an Action Center page and individual petitions or calls to action that You can author and customize. You will also have a personalized log-in and can view, export, and delete records of individual action takers ("Users") on your petitions. Use of Rally Congress is subject to the limitations and conditions described below.
o defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
o upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
o upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You (or the end user posting the Content) are the owner of the Rights or have the permission of the owner to post such Content;
o upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
o distribute any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner;
o impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
o interfere with or disrupt Rally Congress services or servers or networks connected to Rally Congress services, or disobey any requirements, procedures, policies or regulations of networks connected to Rally Congress services;
o submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Rally Congress or Rally Communications, LLC;
o create User records or RC accounts by automated means or under false or fraudulent pretenses;
o promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
o transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
2. Proprietary Rights.
2.2 Resale Prohibition. Except for making the Service available to Your
website Users in accordance with these Terms, You are prohibited from copying, repurposing,
or reselling to any third party, organization, or person any part of the Service or
providing access to any part of the Service, including the creation of private label sites
using the Service, unless specifically authorized in writing by Rally Communications. Any
data placed in the Service by You is Your property and will not be used by RC for any
purpose other than in connection with the performance of the Service.
2.3 Content Removal. It is the policy of RC to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. As the manager of Content posted the Service, you agree to comply with the Digital Millennium Copyright Act and all other applicable copyright law. Accounts that post copyrighted material, or allow Users to post copyrighted material, may be terminated.
3.1 Election Law Compliance. Some types of political speech are highly regulated by state and federal campaigns and election law. You have the responsibility to understand these obligations as they pertain to the content You and your Users post on Rally Congress, and You agree to comply with all relevant election laws in Your usage of Rally Congress.
3.2 Integrity of Constituent Communications. All message delivery on RC must result from an action initiated by, and with the clear consent and understanding of, the specific User. Impersonating or otherwise submitting information without consent of the User is strictly prohibited.
EXCEPT AS PROVIDED IN SECTION 5.1 HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, RC HEREBY DISCLAIMS (FOR ITSELF AND ITS SUPPLIERS) ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, RELIABILITY, OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
8. Term and Termination.
8.2 Termination. RC may change, suspend or discontinue all or any aspect of the Service, including the availability, at any time, and may suspend or terminate Your use of the Service at any time. This includes, without limitation, the right of RC to set, at any time, a maximum number of Action Items or Action Taker records you may store or access through the service.
8.6 Remedies. You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to RC, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which RC may be legally entitled, RC shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.
9. GENERAL INFORMATION
Entire Agreement. The Terms of Service constitute the entire agreement between You and Rally Communications, LLC, and govern your use of the Service, superseding any prior agreements between You and RC. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Rally Congress services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between You and Rally Communications, LLC, shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and RC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Arlington, Virginia. Waiver and Severability of Terms. The failure of RC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related
to use of Rally Congress services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms to Rally Congress Customer Support.
Rally Communications, LLC
2200 Wilson Blvd., Ste 102-299
Arlington, VA 22201
Telephone: (703) 940-9818
Rally Congress welcomes your comments regarding these terms of service. Please contact us by email at email@example.com anytime!