1. BINDING AGREEMENT. Use of OpaVote is governed by these Terms and Conditions ("Terms"). By using OpaVote, you agree to be bound by the Terms, and you may not use OpaVote unless you have accepted the Terms. Your acceptance of the Terms, creates a binding legal agreement between you and OpaVote LLC ("we" or "us"). Please read the Terms carefully.
2. PAYMENTS. Some features of OpaVote may require payment. All payments are nonrefundable.
3. PROHIBITED USES. You may use OpaVote only for running elections, running polls, counting ballots, and for evaluation purposes.
3.1 You may not interfere with or attempt to interfere with an election that is not created by you. You may create your own elections for analyzing the security and reliability of OpaVote provided that such analysis does place an unreasonable load on OpaVote's servers and does not interfere with use of OpaVote by others.
3.2 You may not obtain or attempt to obtain the source code of OpaVote.
3.3 You agree to use OpaVote only as permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
3.4 You may not receive any compensation, whether direct or indirect, for using OpaVote. You may not resell any of OpaVote's services to others.
3.5 You must ensure that voter lists are limited to people who are genuinely interested in the subject matter of the election, that voter email addresses are usable (e.g., not bouncing), and that voters do not mark emails as spam. For any election, if more than 2% of emails are undeliverable (e.g., bouncing) or more than 0.1% of voters report an election email as spam, then at our sole discretion, (a) your election may be terminated immediately and without any refund of amounts paid, or (b) you may be required to pay a fee of US$1 for each bouncing email and US$5 for each email marked as spam by a voter.
3.6 You agree to indemnify, defend, and hold us harmless from any claims, lawsuits or other losses that arise out of your use of OpaVote or your breach of the Terms.
4. LIMITATIONS. You agree that we may limit your use of OpaVote, including but not limited to the following:
4.1 We may, at our sole discretion, prevent you from accessing OpaVote or delete your election data for any breach of the Terms.
4.2 Elections may be automatically deleted on or after a deletion date communicated to you. You agree that is your sole responsibility to monitor the deletion date and to take any actions to extend the deletion date.
4.3. No technical support is provided, but paid support is available.
5. DISCLAIMER OF WARRANTY. OPAVOTE IS PROVIDED "AS IS" TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT OPAVOTE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE OR RELIABLE, AND WILL BE ERROR FREE. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, GIVEN BY OWNER, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THE TERMS.
6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS PROFIT, ANY LOSS OF GOODWILL, ANY LOSS OF DATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) THAT MAY ARISE FROM THE USE OF OPAVOTE. WE SHALL NOT BE LIABLE FOR SUCH DAMAGES WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
7. GENERAL LEGAL TERMS. The Terms will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the courts located within Massachusetts to resolve any legal matter arising from the Terms. The Terms are the whole agreement between you and us and supersedes any prior communications or agreements. If any provision of the Terms is held invalid, such provision will be removed and the remaining provisions will continue to be valid and enforceable. Our failure to enforce any right or remedy arising out of the Terms will not constitute a waiver of such right or remedy.
Last modified October 25, 2015.