Terms of Service

Effective as of June 1, 2023

About These Terms

You acknowledge that you have read and understood the Policies and the Terms and agree to be bound by them. If you do not agree with, or cannot comply with, the Policies, then you may not use the Service Offerings or access any Content.

In order to use the Service Offerings and access any Content, you must (1) be of 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Policies; (2) have the power to enter a binding contract with Us and not be barred from doing so under any applicable laws; and, (3) reside in the United States (4) identify as a member of the Democratic Party. The Service Offerings and the Content are directed to users in the United States only.

We do not collect or maintain any personal data from any persons not resident in the U.S. or in U.S. territories or possessions. From this, we do not collect or maintain any personal data from any EU data subjects within the meaning of the General Data Protection Regulation. If you believe that we have collected personal data from you and you are outside the United States, U.S. territories and possessions, please contact us, and we will remove such data from our records, and contact you to confirm that has been done.

You also promise that any registration information that you submit to the Company is true, accurate, and complete, and you agree to maintain it that way at all times.

Modifications

We may revise these Terms and the Policies from time to time to better reflect:

1. changes to the law;
2. new regulatory requirements; or,
3. Improvements or enhancements made to the Service Offerings

When we make material changes to the Policies, we will provide you with notice, as appropriate, under the circumstances. For example, by displaying a prominent notice within the Service, by sending an email to your account, or though a notification mechanism within the Service. Your continued use of the Service Offerings after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue using the Service under the new version of any change to the Policies, you may terminate your account by contacting us in a manner described at the end of this document.

Use of Our Website

The Service Offerings and the Content are the property of the Committee to Elect Nicole Massiah or the Company’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Service Offerings, and limited, non-exclusive, revocable permission to make use of the Content if you are a government agency, search engine, or news organization (collectively, “Access“). This Access shall remain in effect until and unless terminated by you or the Company. You promise and agree that you are using the Service Offerings and the Content for personal use and that you will not redistribute or transfer the Service Offerings or the Content if you are not a member acting as one of the aforementioned organizations.

The Service Offerings and the Content are not sold or transferred to you, and the Company and its licensors retain ownership of all copies of any software applications and Content, even after any installation on any personal computers, mobile devices, tablets, wearable devices, and/or other devices (collectively, “Devices“).

All Company trademarks, service marks, trade names, logos, domain names, and any other feature of the Committee brand (collectively, “Brand Features“) are the sole property of the Company or its licensors. The Agreement does not grant you any rights to use the Brand Features for commercial or non-commercial use without explicit, written permission from an officer of the Company.

User Support

For customer support with account-related questions (“Customer Support Requests”), please contact us using the contact information at the end of this document. We will use reasonable endeavors to respond to all Customer Support Requests within a reasonable time frame, but we make no promises that any Customer Support Requests will be responded to within any particular time frame and/or that we will be able to answer any such queries.

Privacy and Copyright Protection

The Company’s Privacy Policies explain how we treat your personal data and protect your privacy when you use the Service Offerings. By using the Service Offerings, you agree that the Company can use such data in accordance with our policies. The most current privacy policy may be found on the Company’s website:

https://nicolefordistrict3/privacy-policy

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the United States Digital Millennium Copyright Act. Copyright infringement may be reported using the contact information provided at the bottom of these Terms.

Term, Termination, and Survivability

The Terms will continue to apply to you until terminated by either you or the Company; however, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiration or termination of any of the Agreement for any reason.

Entire Agreement

Other than as stated in this section, or as explicitly agreed upon in writing between you and the Company, the Agreement constitutes all the terms and conditions agreed upon between you and the Company and supersedes any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Certain aspects of your use of the Service Offerings may be governed by additional agreements. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

Severability, Waiver, and Interpretation
Unless, as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.

Any failure of the Company or any third-party beneficiary to enforce the Agreement, or any provision thereof, shall not waive the Company’s, nor the third party beneficiary’s, right to do so.

As used in these Terms, the words “include” and “including,” and any variations thereof, will be determined to be followed by the words “without limitation.”

Assignment

The Company may assign the Agreement, and any of its rights under the Agreement, in whole or in part, and the Company may delegate any of its obligations under the Agreement.

You may not assign the Agreement, in whole or in part, nor transfer or sub-license your rights under the Agreement, to any third party.

Indemnification

You agree to indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable attorney fees and costs, arising out of or related to (1) your breach of the Agreement or any part therein; (2) any User Content you submit or otherwise contribute; (3) any activity in which you engage on or through the Service Offerings; and (4) your violation of any law or the rights of a third party.

Governing Law and Jurisdiction

The Agreement, and any non-contractual disputes and/or claims arising out of or in connection with them, are subject to the laws of the state of Georgia, United States of America, without regard to choice or conflicts of law principles. Further, you and the Company agree to the jurisdiction of the District of Columbia to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement and any non-contractual disputes and/or claims relating to, or arising in connection with, them, and is not subject to mandatory arbitration under Section 18.2.

Dispute Resolution and Arbitration

You and the Company agree that any dispute, claim, or controversy between you and the Company arising in connection with, or relating in any way to, this Agreement or to your relationship with the Company as a user of the Service Offerings, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement, will be determined by mandatory binding individual arbitration. You and the Company further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. You understand that there is no judge or jury in arbitration, and court review of an arbitration award is limited. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court, including attorney fees, except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreement.

18.2.2 Exceptions

Notwithstanding the clause directly above, you and the Company both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring individual action in am United States small claims court; or, (2) bring an individual action seeking only temporary or preliminary, individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement does not stop you or the Company from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf, or you on Our behalf.

Arbitration Rules

Either you or the Company may start arbitration proceedings. Any arbitration between you and the Company will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA“) then in force (the “AAA Rules“), as modified by this Arbitration Agreement. You and the Company agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision, despite the choice of law provision above.

If you choose to file an arbitration proceeding, and you are required to pay a filing fee, the Company will reimburse you for that filing fee, unless your claim is greater than US $5,000, in which case you will be responsible for the filing fee. Each party will be responsible for any other arbitration fees, unless otherwise required by AAA Rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

Notice and Process

Any party who intends to seek arbitration must first send written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail with signature required, or in the event that We do not have a physical address on file for you, by electronic mail (the “Notice“). The Company’s address for notice is:

Attn: Massiah Law & Associates
National Democratic Training Committee
1050 17th Street NW Suite 590
Atlanta, GA 30328

The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (the “Demand“). Both parties agree to use good faith efforts directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event the dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of the Company’s last written settlement offer, then the Company will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

Enforceability

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in this Agreement shall govern any claim in court arising out of or related to the Agreement.

No Class or Representative Proceedings

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and the Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim, and only that claim, must be severed from the arbitration and may be brought in court.

Contact Us

If you have any questions, comments or concerns regarding this Agreement, please contact us by e-mail at info@nicolefordistrict3.com or at the mailing address listed below:

Committee to Elect Nicole Massiah, Inc.
P.O. Box 170517
Atlanta, GA 30317