Last Updated: December 1, 2021
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, MOBILE SITE OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
This website, mobile site or mobile application is operated by (“Gillibrand for Senate,” “we,” or “us”). These Terms of Service (“Terms”) apply solely to your access to and use of the kirstengillibrand.com Web site operated by Gillibrand for Senate and other Gillibrand for Senate Web sites, mobile sites, mobile applications and other online services which link to these Terms (collectively, the “Site”). By accessing or by using our Site, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Gillibrand for Senate products, services or otherwise.
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in our sole discretion. If we make changes or modifications to the Terms, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Site or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.
If you have any questions about these Terms or our Site, please contact us at [email protected]
Consent to Use of Data and Mobile Communication; SMS Program Terms
You consent to our communicating with you about the Site and Gillibrand for Senate by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications.
If you subscribe to any text programs that Gillibrand for Senate makes available, the following terms apply:
(b) Neither Gillibrand for Senate nor the participating carriers guarantee that messages will be delivered. Gillibrand for Senate may discontinue the program at any time without notice.
(c) You represent and warrant that you are supplying your own phone number, and not someone else’s, and that you agree to provide us with notice if you are no longer the primary user of that number.
(d) You acknowledge and agree that you may opt out of receive further mobile messages via any opt-out keywords that are universally recognized, including, but not limited to STOP, UNSUBSCRIBE, CANCEL, END, OR QUIT. You acknowledge that any opt-out method not expressly provided in this opt-out provision is unreasonable.
(e) You may not receive mobile messages if you are under thirteen (13) years of age and if you are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to register to receive mobile messages.
Ownership; Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, all logos, designs, text, graphics, pictures, images, photographs, videos, illustrations, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively the “Site Materials”) are the proprietary property of Gillibrand for Senate or our licensors or users and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site and the Site Materials for your own personal, informational and noncommercial use only. Such license does not include: (a) any resale or commercial use of the Site or the Site Materials; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, intellectual property laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license may be revoked at any time.
GILLIBRAND FOR SENATE, KIRSTEN GILLIBRAND FOR NY and all other names, logos and slogans in the Site are trademarks of Gillibrand for Senate, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without our prior written permission or the permission of the applicable trademark holder. You may not use any metatags or other “hidden text” utilizing any name, trademark or service mark of Gillibrand for Senate without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is he service mark, trademark, and/or trade dress of Gillibrand for Senate and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
User Content; Unlimited License
Our Site may allow you and other users to create, post, store and share content, including messages, comments, stories, text, photos, graphics, videos, music, software and other materials (collectively, “User Content”). All User Content is non-confidential. Except for the license you grant below, you retain all rights in and to your User Content, as between you and Gillibrand for Senate.
You grant Gillibrand for Senate and its independent contractors, service providers, consultants and joint committee members, a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without acknowledgment or compensation to you. When you post or otherwise share User Content on or through our Site, you understand that your User Content and any associated information (such as your name or photo) may be visible to others.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your use of the Site or any User Content that you post to the Site, and you are solely responsible for your conduct while using our Site.
You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Site;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
- Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
- Use our Site or Site Materials other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
- Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
- Develop or use any applications that interact with our Site without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Site, or may expose Gillibrand for Senate or others to any harm or liability of any type.
Enforcement of this Section 6 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information or feedback about Gillibrand for Senate or our Site (collectively, “Feedback”). You understand that such Feedback is non-confidential and shall become the sole property of Gillibrand for Senate. Gillibrand for Senate shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not use a Gillibrand for Senate logo or other proprietary graphic of Gillibrand for Senate to link to the Site without the express written permission of Gillibrand for Senate. Further, you may not use, frame or utilize framing techniques to enclose any Gillibrand for Senate trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Gillibrand for Senate’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Gillibrand for Senate or any third party.
Gillibrand for Senate makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Gillibrand for Senate and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Gillibrand for Senate provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Gillibrand for Senate of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Third-Party Content, Products, and Services.
We may make third-party information and other content available on or through the Site (“Third-Party Content”) as a service to those interested in this information and we may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third party organizations products or services on or through the Site (“Third-Party Products and Services”). Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and the third party. Gillibrand for Senate does not control, endorse or adopt any Third-Party Content or Third-Party Products and Services, and makes no representations or warranties of any kind regarding any Third-Party Content or Third-Party Products and Services, including, without limitation, its accuracy or completeness. You acknowledge and agree that Gillibrand for Senate is not responsible or liable in any manner for any Third-Party Content or Third-Party Products and Services, or for any loss or damage of any sort incurred as a result of any such dealings or promotions or as a result of the presence of such third party advertisers or information on the Site. Your access to and use of such Third-Party Content add Third-Party Products and Services is at your own risk.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Gillibrand for Senate and its independent contractors, service providers and consultants, successor organizations, and joint committee members, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or cost (“Claims”) arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Site. You agree to promptly notify Gillibrand for Senate of any third-party Claims, cooperate with the Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, reasonable attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.
EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SITE AND THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT OUR SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
GILLIBRAND FOR SENATE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO MAKE YOUR USE OF OUR SITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SITE OR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
GILLIBRAND FOR SENATE IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY ACTIVITIES OR EVENTS LISTED ON THE SITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OR OTHER USERS OF THE SITE.
Gillibrand for Senate reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Gillibrand for Senate.
Limitation of Liability
IN NO EVENT SHALL GILLIBRAND FOR SENATE OR ITS CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, SUCCESSOR ORGANIZATIONS, AND JOINT COMMITTEE MEMBERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM GILLIBRAND FOR SENATE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GILLIBRAND FOR SENATE AND ITS CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, SUCCESSOR ORGANIZATIONS, AND JOINT COMMITTEE MEMBERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS OR SERVICES REGARDLESS OF THE FORM OF THE ACTION OR THEORY OF LIABILITY, EXCEED ANY COMPENSATION YOU PAY, IF ANY TO GILLIBRAND FOR SENATE FOR ACCESS TO OR USE OF THE SITE.
Dispute Resolution and Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Gillibrand for Senate and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Gillibrand for Senate agree that any dispute arising out of or related to these Terms or our Site is personal to you and Gillibrand for Senate and that any dispute will be resolved solely through individual action, and will not be brought as, and you hereby waive the right to bring, a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. You and Gillibrand for Senate waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Site, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Gillibrand for Senate you agree to first contact Gillibrand for Senate and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at [email protected] The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Gillibrand for Senate cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Washington, DC unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 13, a “consumer” means a person using the Site for personal, family or household purposes. You and Gillibrand for Senate agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Gillibrand for Senate agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Gillibrand for Senate, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Gillibrand for Senate agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Gillibrand for Senate will pay the remaining JAMS fees and costs. For any arbitration initiated by Gillibrand for Senate, we will pay all JAMS fees and costs. You and Gillibrand for Senate agree that the courts of the District of Columbia and of the United States sitting in the District of Columbia have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Gillibrand for Senate will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 13 by emailing us at [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 14.
If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.
With respect to any text programs offered by Gillibrand for Senate, our platform provider is a third-party beneficiary of the foregoing arbitration, class action, and jury waiver provisions.
Governing Law and Venue
Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of the District of Columbia applicable to agreements made and to be performed entirely within the District of Columbia, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the District of Columbia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be filed only in the district and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms that is not subject to arbitration.
Modifying and Terminating our Site
We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.