Political Committee Terms of Use


Applicable to Political Committees and Page Creators
Last Updated: 10/05/2020

These Terms of Use (the “Terms”), entered into by and between WinRed Technical Services, LLC (“TS”; “we”; “us” or “our”) and “you”, govern your access to and use of the platform upon which these Terms reside (the “Platform”). For the avoidance of doubt, “you” as used herein refers to all political committees and campaigns on whose behalf financial contributions are being raised (“Political Committees”) and all individuals and entities creating pages to seek financial contributions on behalf of Political Committees (“Page Creators”). The terms applicable to a Page Creator also apply to a Political Committee raising financial contributions on behalf of itself. If you are acting as an agent or representative of a Political Committee, including through an agency agreement with TS or its contracting parties, you may also be referred to herein as a “Political Committee” and the terms hereof applicable to Political Committees apply to you.

You understand and agree that your access to this Platform is solely for the purpose of facilitating financial contributions (“Contributions”) through the Platform to Political Committees, and if you are a Political Committee, you accept responsibility for any Contributions made to you by visitors to the Platform (“Platform Users”).

This Platform is intended for and applicable only for residents of the United States, age eighteen (18) or older. If you are from another jurisdiction or under eighteen (18) years of age, you may not use this Platform. BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU AGREE TO THESE TERMS. YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND ANY ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THESE TERMS AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE PLATFORM OR SERVICES.

From time to time we may update this Platform and these Terms. Your use of this Platform after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. You agree that you do not have any rights in this Platform.

For avoidance of doubt, nothing in these Terms is intended to, or shall be interpreted to, grant any rights in our database, products, or any intellectual property rights therein to you, and we shall have and retain all such intellectual property rights.

You acknowledge and agree that each of you, TS and TS’s contracting parties are subject to a variety of laws and internal and external policies that may impact your ability to use the Platform. TS may suspend, restrict or terminate any account or user from access to or use of the Platform for any reason.

Your Personal Information

On certain areas of our Platform, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

Your Obligations

  • Responsibility for Use of the Platform: You are responsible and liable for your compliance with these Terms and for all activities that occur through your use of the Platform through access you provide, either directly or indirectly, whether such access or use is permitted by or in violation of these Terms.
  • Treatment of Platform User Personal Information: You agree to all of the following with respect to the treatment of personal information submitted through the Platform by Platform Users or passively collected through the Platform about Platform Users (collectively referred to as “Platform User Personal Information”).
    • Your ability to collect, use or share Platform User Personal Information is governed by our Privacy Policy. You hereby represent and warrant that you will comply with the Privacy Policy at all times with respect to your treatment of Platform User Personal Information.
    • TS expects to provide certain Platform User Personal Information to you, as contemplated by the Privacy Policy, consisting primarily of a Platform User’s full name and mailing address, occupation and employer, amount and date of contribution, and the Political Committee to which contributions are made. You may also have the opportunity to create additional fields on the Platform that allow Platform Users to submit personal or other information about themselves. You hereby represent and warrant that you will comply with the Privacy Policy at all times, and you will only create fields that collect the types of information included in the Privacy Policy.
    • You and TS agree that, as between the parties, each party owns and controls its own database and the intellectual property rights therein. However, each party understands and agree that it will continue to comply with the Privacy Policy in effect at the time data was collected through the Platform with respect to its treatment of data.
    • To the extent that you place cookies or other tracking technologies (“Trackers”) on the Platform, or direct third parties to do so on your behalf, you hereby represent and warrant that you will only use Trackers that participate in the Digital Advertising Alliance’s opt-out program (available at http://optout.aboutads.info/?c=2&lang=EN), as such list of Trackers may be updated from time to time.
  • Stripe Terms. Payment processing services for Political Committees on the Platform are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement (https://stripe.com/connect-account/legal), which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By establishing a Stripe account through the Platform, you are agreeing to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to obtaining payment processing services through Stripe and the Platform, you agree to provide accurate and complete information through the Platform for use by Stripe, and you authorize TS to share with Stripe this information and transaction information related to use of the payment processing services provided by Stripe.
  • Responsibility for Products. TS may afford you the opportunity to offer products (“Products”) through the Platform. You acknowledge and agree that TS has no control over and shall not be responsible in any way for: (i) the existence, quality, shipping, fulfillment, safety, legality of Products made available on or through the Platform; or (ii) your ability to deliver Products.
  • Responsibility for Contributions. You acknowledge and agree that the TS Indemnified Parties (defined below) have no control over and that no TS Indemnified Party shall be responsible in any way for (i) Contributions made or solicited on the Platform; (ii) your ability to deliver on promises made related to the Contributions; (iii) the ability of Platform Users to make the Contribution; or (iv) the legality and legitimacy, or lack thereof, of any Contributions and any resulting losses or liability incurred by you as a result of potentially illegality of Contributions. You acknowledge and agree that as between TS and you, you shall be solely responsible for all refunds, chargebacks, third-party chargeback fees, and TS fees related to the foregoing (“Deduction Amounts”) related to the Contributions you receive and in no event shall any TS Indemnified Party be responsible in any way for such Deduction Amounts.
  • Redirection of Payments to Agents and Third Parties. You may be offered the opportunity to direct the Platform (including through an Agency Agreement) to make payment to a third party, including your agents and providers of services to help you raise and collect Contributions (such agents or other providers of services may be referred to as “Third Party Providers”). Payments to Third Party Providers that you have requested or directed through or in connection with the Platform shall be referred to as “Fee Amounts.” Fee Amounts may be paid through deductions from, or redirection of, Contribution amounts received through Stripe and the Platform.
  • Direction to Pay. You hereby direct and authorize TS to deduct and to retain from any amount otherwise payable, all Deduction Amounts and Fee Amounts. Except as otherwise may be expressly provided in a written instrument executed by TS, you further direct and authorize TS to cause any Deduction Amounts to be charged or withdrawn through any payment method or account you have provided, including by deducting such amounts from your Stripe Account balance. As provided in the Stripe Services Agreement, Stripe will have the right to deduct from your Stripe Account balance Stripe’s fees (including those Stripe Fees that are included in Deduction Amounts), all other Deduction Amounts, and all Fee Amounts. If your Stripe Account balance becomes negative, you authorize and direct Stripe to debit (and TS to cause to be debited) the amount owed from your Payout Account (as defined in the Stripe Services Agreement).
  • Responsibility for Disputes. You acknowledge and agree that transactions conducted via the Platform are conducted between the applicable Page Creators or Political Committee and Platform Users, and not with TS as a principal. You acknowledge and agree that you are solely responsible for the resolution of disputes between you and Platform Users for all Contributions made on or through the Platform and all Products offered to or received by Platform Users. Each Page Creator and each Political Committee are responsible for resolving any disputes between such parties, and TS is not responsible for any such disputes or resolution of such disputes.
  • Connectivity. You are solely responsible for all telecommunication or Internet connections and associated fees required to access and use the Platform. TS is not responsible for (i) your access to the Internet; (ii) interception or interruptions of communications through the Internet; or (iii) changes or losses of data through the Internet.
  • Electronic Communications Marketing. You may be offered the opportunity to direct TS Indemnified Parties to send communications at your request or direction, including requests for contributions, on behalf or for the benefit of, a Political Committee. No TS Indemnified Party shall be held responsible for any electronic communications, including the content of any fundraising solicitations, electronic mail, direct mail, text messages, phone calls or any other form of communication to existing or prospective Platform Users as you or your agents have directed or requested. You shall be responsible for ensuring that all necessary consents (with appropriate consent language) are secured prior to sending, or directing or requesting, any electronic communications and that all such communications comply with all applicable laws, rules, regulations and order, including, but not limited to, the CAN-SPAM Act of 2003, Telephone Consumer Protection Act, Do Not Call laws, and the Telemarketing Sales Rule.
  • Tax. TS shall not be responsible, and You shall be responsible for all tax laws and regulations that apply to your use of the Platform and otherwise.

TS Content

Content on this Platform that is provided by TS or its licensors, including, but not limited to, certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“TS Content”) is the property of TS and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display, or use any TS Content located on the Platform for use in any publications, in public performances, on websites other than this Platform for any other commercial purpose, in connection with products or services that are not those of TS, in any other manner that is likely to cause confusion among Platform Users, that disparages or discredits any TS Indemnified Party, that dilutes the strength of the property of a TS Indemnified Party, or that otherwise infringes the intellectual property rights of a TS Indemnified Party. You further agree to in no other way misuse any TS Content or third party content that appears on this Platform.

Use of the Platform and Posting Policy

The following requirements apply to your use of the Platform: (a) you will not use, or direct or request the use of, any electronic communication feature of the Platform or available through or in connection with the Platform, for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material that infringes, violates or misappropriates any copyright or other intellectual property right (as well as rights of publicity and privacy); (c) you will comply with the Privacy Policy with respect to your collection, use and sharing of personal information provided by Platform Users; (d) you will not use the Platform for any commercial purpose not offered through or in connection with the Platform or expressly approved by TS in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication except as contemplated by the functionality offered through or in connection with the Platform; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

You represent and warrant that your use of the Platform is not, and will not in any circumstances be, for personal, family, or household purposes. You acknowledge and agree that use of the Platform for personal, family or household purposes is expressly prohibited.

From time to time on certain areas of our Platform you may be able to submit photos, written posts and certain other materials (“Posted Content”). You acknowledge and agree that no TS Indemnified Party is an information content provider with respect to any Posted Content, and you are the provider of such Posted Content and are responsible for such content. By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by TS; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization in violation of any applicable law, including without limitation, the personnel of TS, or misrepresent an affiliation with another person or organization; and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Platform, or features offered through or in connection with the Platform. You further understand and agree that you have no ownership rights to any account you may have with us. TS may terminate your ability to use or access the Platform in the event of any violation of these Terms or the law. You are responsible for obtaining all necessary consents and permissions to allow for the placement of Posted Content on the Platform. By displaying, publishing, or otherwise posting any Posted Content on or through the Platform, you hereby grant to TS a non-exclusive, fully-paid, royalty free license to use, modify, publicly display, reproduce, and distribute such Posted Content for the purposes of facilitating contributions for the applicable Political Committee, without the requirement to make payment to you or to any third party or the need to seek any third party permission. TS does not seek to obtain ownership rights in your Posted Content. You represent and warrant that you have the right to use the content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

If you are a Page Creator, you represent and warrant that: (i) your Posted Content and your use of the Platform does not constitute a “coordinated communication” as that term is defined in 11 CFR 109.21 and that you shall not engage in any conduct or create any content that could be interpreted to be such a “coordinated communication”; (ii) you are not a federally-registered lobbyist.

You agree to indemnify and hold all TS Indemnified Parties harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms.

TS does not undertake to control or monitor content or to otherwise ensure that all content on the Platform complies with these terms. You acknowledge and agree that Political Committees and others may request the removal of content in violation of these terms, and that your use of the Platform may be suspended or discontinued in the event of any actual or alleged violation of these terms. You further acknowledge that a Political Committee may at any time prevent, terminate or discontinue the acceptance of contributions to such Political Committee, and may also cause any link allowing for contribution to such Political Committee to be discontinued. In such event, TS shall have the right to remove, suspend or terminate any page containing any such link.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process and follow the instructions at that area.

Reliance on Information Posted

TS does not warrant the truth, accuracy, completeness, or usefulness of any information, content, or listings provided on the Platform. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Platform, or by anyone who may be informed of any of the Platform’s contents. This Platform includes content provided by third parties, including materials provided by Page Creators, Political Committees, or other Platform Users. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TS. We do not undertake to review material before it is provided on the Platform. Accordingly, we are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by you or any third parties.

Your Account

Certain areas of the Platform may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features offered through or in connection with the Platform or any features at all. If the Platform requires you to create an account or otherwise submit information, you agree that you will provide accurate and complete information for your user account; that you will not impersonate a third party in your communications with TS; that you will only submit information about yourself or the entity that you represent or on whose behalf you are creating a page; and that you will otherwise comply with these Terms, including the Posting Policy section of this Agreement. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You may not authorize any third party to use your account or to access restricted or protected content or features available through or in connection with the Platform. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer.

You are solely responsible for the activity that occurs on your account, including all transactions and other activities undertaken with your device and any stored payment method, whether authorized or unauthorized. You must keep your user account, username, and password secure. You must notify TS immediately of any breach of security or unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform, except as required to enable services of Third Party Providers. TS is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. TS shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Platform.

You understand that you have no ownership rights in your account or other access to the Platform or features therein. No TS Indemnified Party assumes any liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account.

Your Indemnification

YOU WILL DEFEND AND INDEMNIFY TS, WINRED INC., AND THEIR PARENTS (INCLUDING ENTITIES THAT OWN OR CONTROL LESS THAN ALL OF SUCH PARTIES), SUBSIDIARIES, OFFICERS, EMPLOYEES, AND WEBSITE CONTRACTORS AND EACH OF THEIR OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS “TS INDEMNIFIED PARTIES”) AND HOLD TS INDEMNIFIED PARTIES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DEFICIENCIES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES) INCURRED BY TS INDEMNIFIED PARTIES AS A RESULT OF ANY CLAIM BY A THIRD PARTY (INCLUDING BUT NOT LIMITED TO PLATFORM USERS, PAGE CREATORS, AND POLITICAL COMMITTEES) ARISING OUT OF OR FROM: (I) YOUR USE OF THE PLATFORM OR CONTRIBUTIONS; (II) TS INDEMNIFIED PARTIES’ USE OF PLATFORM USER PERSONAL INFORMATION IN ACCORDANCE WITH THIS AGREEMENT; (III) INFRINGEMENT OR MISAPPROPRIATION (INCLUDING ANY COLLECTION, USE OF SHARING OF PERSONAL INFORMATION IN VIOLATION OF TS’S PRIVACY POLICY) OF ANY INTELLECTUAL OR PROPRIETARY RIGHTS IN THE PLATFORM USER PERSONAL DATA; (IV) YOUR COMPLIANCE, DISCLOSURE, REGISTRATION OR REPORTING RESPONSIBILITIES PURSUANT TO APPLICABLE LAW OR REGULATIONS; (V) YOUR BREACH OR ALLEGED BREACH OF ANY REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS; (VI) YOUR BREACH OF THE ELECTRONIC COMMUNICATIONS MARKETING SECTION OF THESE TERMS; (VII) ANY PRODUCTS OFFERED THROUGH THE PLATFORM OR A PLATFORM USER’S USE THEREOF; (VIII) POSTED CONTENT, STATEMENTS OR OTHER MATERIALS UPLOADED OR COMMUNICATED BY YOU THROUGH OR IN CONNECTION WITH THE PLATFORM; OR (IX) YOUR USE OF CONTRIBUTIONS. THE FOREGOING INDEMNIFICATION OBLIGATION IS CONTINGENT UPON THE TS INDEMNIFIED PARTY PROMPTLY NOTIFYING YOU IN WRITING OF SUCH CLAIM (PROVIDED THE FAILURE OR DELAY IN DOING SO SHALL NOT RELIEVE YOU FROM ANY OBLIGATIONS TO INDEMNIFY TS INDEMNIFIED PARTIES EXCEPT TO THE EXTENT THAT SUCH DELAY OR FAILURE MATERIALLY PREJUDICES THE DEFENSE OF SUCH CLAIM), REASONABLY PERMITTING YOU THE AUTHORITY TO CONTROL THE DEFENSE OR SETTLEMENT OF SUCH CLAIM, PROVIDED THAT YOU MAY NOT SETTLE ANY SUCH CLAIM UNLESS IT UNCONDITIONALLY RELEASES TS INDEMNIFIED PARTIES OF ALL LIABILITY, AND PROVIDING YOU REASONABLE ASSISTANCE (AT YOUR SOLE EXPENSE) IN CONNECTION THEREWITH. THIS INDEMNIFICATION OBLIGATION SHALL NOT BE CAPPED OR OTHERWISE LIMITED IN ANY WAY.

TS Representations

Except as otherwise may be expressly provided in a written instrument executed by TS and referencing this Section, TS makes no representations about the reliability of the features of this Platform, the Content, Posted Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. TS makes no representations regarding the amount of time that any Content or Posted Content will be preserved.

TS does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Posted Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by TS without the prior review and written approval of TS.

EXCEPT AS OTHERWISE MAY BE EXPRESSLY PROVIDED IN A WRITTEN INSTRUMENT EXECUTED BY TS AND REFERENCING THIS SECTION, THIS PLATFORM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR QUIET ENJOYMENT ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN.


TS Limitation of Liability

EXCEPT AS OTHERWISE MAY BE EXPRESSLY PROVIDED IN A WRITTEN INSTRUMENT EXECUTED BY TS AND REFERENCING THIS SECTION, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ANY TS INDEMNIFIED PARTY BE LIABLE FOR: (1) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM; OR (2) ANY DAMAGES IN EXCESS OF THE FEES RECEIVED BY TS IN RESPECT OF THE TRANSACTION GIVING RISE TO LIABILITY.

NO TS INDEMNIFIED PARTY SHALL BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ANY TS INDEMNIFIED PARTY BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF TS’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

Third-Party Websites

This Platform may hyperlink to sites not maintained by or related to TS. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Platform or TS, and TS makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Platform is subject to the terms of that site’s privacy policy, and TS has no control over how your information is collected, used, or otherwise handled by third-party sites.

Linking to the Platform

You may link to the Platform, provided you do so in a way that is fair and legal and does not damage or take advantage of the rights or reputation of TS or any third party, but you must not establish a link in such a way as to suggest any form of approval or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. Notwithstanding the foregoing, TS does not approve or endorse Page Creators or any Political Committee. In our discretion, we reserve the right to withdraw linking permission without notice.

Miscellaneous

Both you and TS acknowledge and agree that no partnership is formed and neither of you nor TS has the power or the authority to obligate or bind the other.

These Terms will be governed by and construed in accordance with the internal laws of Delaware without regard to conflicts of laws principles. By using this Platform, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in New Castle County, Delaware. EXCEPT AS PROVIDED IN A WRITTEN INSTRUMENT EXECUTED BY TS AND REFERENCING THIS SECTION, YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PLATFORM AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.

The failure of TS to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, epidemic or pandemic, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of TS, shall not be deemed a breach of these Terms.

If TS fails to act with respect to your breach or anyone else’s breach on any occasion, TS is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and TS, and is accepted by you upon your use of the Platform or your account. These Terms, together with any written instrument executed by TS and referenced herein, constitute the entire agreement between you and TS regarding the use of the Platform and your account. By using the Platform, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms. Each TS Indemnified Party shall be deemed an intended third party beneficiary of the terms contained herein and applicable to such parties, and that each such party shall be entitled to enforce the terms set forth herein for its own benefit.

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