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 restrict or inhibit any other user from using and enjoying Rally Congress services;
o use Rally Congress services for any illegal or unauthorized purpose;
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 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.
In using Rally Congress Brand Features, you may not:
o display a Rally Congress Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by RC, other than your involvement in the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Rally Congress or Rally Congress personnel;
o use Rally Congress Brand Features to disparage Rally Congress, its products or services;
o display a Rally Congress Brand Feature on your site if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
o display a Rally Congress Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Rally Congress;
o display a Rally Congress Brand Feature on a site that violates any law or regulation; or
2.3 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.
2.4 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.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RALLY COMMUNICATIONS, LLC, EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. RALLY CONGRESS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM RALLY COMMUNICATIONS OR THROUGH OR FROM RALLY COMMUNICATIONS SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RALLY COMMUNICATIONS SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RALLY COMMUNICATIONS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
7. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
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 at email: info @ rallycongress.com.
or via postal Mail at:
Rally Communications, LLC
2200 Wilson Blvd., Ste 102-299
Arlington, VA 22201
Rally Congress welcomes your comments regarding these terms of service.