BERN Terms of Service

Posted: 6/8/2019

Welcome to the Bern! These terms of service cover your use and access to the Bern app (“App”) and any corresponding website, including www.berniesanders.com (together, "Services"), and this agreement is made between you and Bernie 2020 Inc., a Vermont nonprofit organization. Our Privacy Policy explains how we collect and use your information and these Terms outline your responsibilities when using our Services. In these Terms and the Privacy Policy (together, “Terms”), the use of the words “ Bernie 2020,” “we,” “our ,” and “us” refer to Bernie 2020 Inc. The words “subscriber,” “user,” “ you,” and “your” refer to entities or individuals that access and/or use the Services. These Terms do not in any way alter the terms or conditions of any other agreement you may have with us. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf.

By accepting our Terms or otherwise using our Services, you're agreeing to be bound by these Terms.

Our Services are only intended for use in the United States of America, and are not intended and may not be used for commercial purposes or by people under the age of 13.

User Content & Your Permissions

We respect the privacy of others. Please review our Privacy Policy, as amended from time to time.

The Services may now or in the future allow users to select, input, upload, and share user-specific information and data, including your contacts, in connection with the Services and allow you or other users to post, link, store, or otherwise make available a wide variety of user-specific information, text, and/or other materials (collectively, “ User Content”) to authorized users or others in connection with the use of the Services or otherwise. Your User Content is yours. These Terms don't give us any rights to such except for the limited rights necessary to offer the Services.

In order to provide the Services, including facilitating your texts or calls using User Content and providing other features of our Services, our systems may need to access, store, and process User Content. When you click "Friend to Friend," "Sync Your Contacts," and/or "Community Canvass," for example, in the App, you give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

In order to use certain features of the Services, you may need to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and that (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason. We may contact you occasionally using the information provided to request feedback on the product or recommend its use. You may opt-out at any time by replying to these communications. We may suspend or terminate your Account in accordance with these Terms. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

You are solely responsible for your use of any User Content and use such User Content at your own risk. We take no responsibility and assume no liability for any User Content used, posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.

As a provider of interactive services, we are not liable for any statements, representations, User Content provided by users in any form whatsoever through the Services. Although we have no obligation to screen, edit, or monitor any of the User Content, we reserve the right, and have absolute discretion, to remove, screen, or edit such at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store via the Services, at your sole cost and expense.

By posting, submitting, or incorporating any User Content via the Services, you represent and warrant that you own and control all of the rights to the User Content that you post, submit, or use, or that you otherwise have the lawful right to use, distribute, or reproduce such User Content, and to grant Bernie 2020 the license for the User Content described below and that your use and posting of such User Content does not violate these Terms or any other agreement you have with us, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for any third party.

Your Use of Voter Data

“Voter Data” means any information about voter registration and voter participation that you obtain through the App, but excluding any information that is already in your possession or that you obtain through other means. Your use of the Services may include access to and use of certain voter information that we license from third parties, including certain Voter Data. Such use is subject to, and you agree to fully abide by, the requirements and restrictions set forth in these Terms. If you use any Voter Data, you acknowledge and agree that you must certify and affirm knowledge of, and compliance with, all laws and regulations that govern the acquisition and use of Voter Data and agree to abide by federal, state, and local laws and regulations governing acceptable use of the Voter Data.

You may use the Voter Data subject to the following:

1. You will not use the Voter Data for commercial, improper or illegal purposes and the information will not be published or posted on the Internet.

2. You can use the Voter Data (including components thereof) only for any legitimate political purposes such as voter registration drives, political voter contact, GOTV, as permitted under applicable local, state, and federal laws and regulations.

3. You are expressly prohibited from using any or all of the Voter Data for any non-political purpose. You shall not use the voter data as a factor in establishing an individual’s creditworthiness or eligibility for credit or insurance, or employment. You cannot allow the voter data in whole or in part to be used to append any data element to any database that will be used for any non-political or other unlawful or non-approved purpose as described above.

4. You shall not sell, transfer, trade, or give license to any of the Voter Data to any other entity. You acknowledge that the Voter Data shall at all times remain the intellectual property of third parties and/or its licensors and third-party data owners who provide the data to such third parties (collectively the “Data Owner”), and you have no proprietary rights whatsoever in the Voter Data.

5. All political communications used in connection with the Voter Data will (a) use only the contact information you already possess (e.g., the name and/or phone number of your contacts); (b) comply with all applicable federal and state laws, rules and regulations; and (c) not contain material that is threatening, hateful, or racially or ethnically objectionable.

6. If you use Voter Data unlawfully or in violation of these Terms, you will be solely responsible for all claims that arise therefrom and you indemnify each Data Owner for any losses (including, without limitation, attorneys’ fees and costs) arising from any such claims. You are responsible for accepting and responding to any external inquiries arising out of your use of Voter Data. No reference to any Data Owner shall be made in written or oral communication in responding to inquiries without that Data Owner’s prior written approval.

7. You shall not input the Voter Data into a database or make the Voter Data available to any third party.

Your Responsibilities and Conduct

You are responsible for your conduct and use of the Services. You must comply with these Terms. You may use our Services only as permitted herein and by applicable law, including export control laws and regulations. By using the Services, you agree such use does not submit to us confidential or proprietary information, and you agree we may use information you provide to us. We are not responsible to screen or monitor the information or content you provide to us.

We may review your conduct for compliance with these Terms. However, we have no obligation to do so. We aren't responsible for the texts, calls, or other contacts people make via the Services.

You hereby agree not to misuse the Services or help anyone else to do so, and by using, submitting, selecting, and/or posting any User Content and/or using the Services, you agree

● not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site or the Services any User Content:

o that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent, or otherwise objectionable (as determined in our sole discretion);

o that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, cause injury to any person or entity, or violate any local, state, national, or international law;

o that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

o that impersonates, or, without authorization, depicts any person or entity or otherwise misrepresents your affiliation with a person or entity; or that inappropriately provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers, or similar information or invades another person's right of privacy;

o that, in our sole discretion, is objectionable or which restricts or inhibits any other person from using and/or benefiting from our Services, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses, or other harmful or destructive content;

o that is spam, is machine generate or randomly generated, contains unethical or unwanted commercial content, furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);

o that harvests or otherwise collects information about others, including email addresses, without their consent;

o that in any way refers to or depicts persons under eighteen (18) years of age; or

o that attempts to disrupt the Services.

● not to send unsolicited communications, promotions or advertisements, or spam;

● not to use the Services for commercial purposes;

● not to use the Services in connection with electoral fraud; and

● not to promote or advertise products or services or to sell the Services.

Third Party Content

Please be aware that when you access and/or use certain features of the Services, your access to or use of such features will also be subject to all guidelines, terms, agreements, and conditions applicable to such features, including these Terms, our Privacy Policy, and third party policies (the "Policies"). All such Policies are incorporated into these Terms by reference, and if the applicability of these Terms is incompatible with your access to or use of the Services, the relevant terms of such third party Policy will control.

The Services may also contain links to sites, third parties, or content not under our control. We do not assume, and expressly disclaim, any and all responsibility for the sites and/or content of any page or material not provided by us. Links to third-party web sites via the Services are provided solely as a convenience to you. We have not reviewed these third-party web sites, and do not control and are not responsible for any such sites or content displayed thereon. If you decide to access any of the third-party sites linked via the Services, you do so entirely at your own risk, and the inclusion of any third-party link on the Site does not imply any endorsement or guarantee whatsoever by us of such third-party site. If you have questions or concerns about any third party services or material available through such, you may contact us at [email protected]. Once you link to a third-party site, you are subject to the terms of use and privacy policy of such site.

We may now or in the future allow partners to post content within our Services and provide links to sites and content of third parties (collectively the "Partner Content") as a service to those interested in this information. Partner Content may be targeted to users based on information provided while registering for an account, through use of the Services, through queries made through the Services, or based other information. We do not control, endorse, or adopt any Partner Content and we make no representation or warranties of any kind regarding the Partner Content. The types and extent of Partner Content in connection with the Services are subject to change. You acknowledge and agree we may access and use data and information received or generated through your access to or use of the Services to identify other potential users of the Services, demonstrate the capabilities of the Services, and/or pursue additional activities using such. You further agree that we may send you messages, alerts, and other communications through the Services, including via email, web alert, text messages, push notifications and other similar means, in accordance with the preferences you may set through the Services, and you agree to accept such messages, and pay any applicable network access, data usage, or similar fees.

License

So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the App solely to access the Services, and to use the Services solely for your informational, noncommercial, and personal use. To the extent any component of the Services may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so. In addition, such license does not include: (a) any resale or commercial use of the Services or any materials contained therein; (b) modifying or otherwise making any derivative uses of the Services or any portion thereof; (c) use of any data mining, robots, or similar data gathering or extraction methods; or (d) any use of the Services other than for their intended purpose. Any use of the Services other than as specifically authorized herein, without the prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright laws and applicable communications regulations and statutes. This license is revocable at any time.

We do not own the User Content you post on or otherwise select or submit to the Site, but in posting and/or otherwise submitting User Content via the Services, you grant us an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content and any information, data, or other material generated through the use of the Services on or in any and all media (now known or hereafter developed) to perform and provide the Services or for our own purposes in accordance with our Privacy Policy. You also hereby grant each user of the Services a non-exclusive license to access your User Content and any information, data, or other material generated through the access to or use of the Services, and to access, use, reproduce, distribute, prepare derivative works of, display, and perform such User Content and information, data, or other material generated through the access to or use of the Services, and under these Terms.

Our Stuff

The Services (which include all Bernie 2020 owned or licensed content used in or provided via such Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information from our licensors and partners, and other materials) are protected by copyright, trademark, and other U.S. laws. These Terms don't grant you any right, title, or interest in the Services, others' content in the Services, Bernie 2020, or Bern trademarks, logos, and/or other brand features, other than the limited license granted above. Bernie 2020 expressly reserves all right, title, and interest in and to the Services, content on any related website, aggregate data and reports, and all processing, analytics, and other software and technology used by Bernie 2020 in the analysis of User Content and/or the provision of the Services, including, without limitation, any derivatives, improvements, enhancements, or extensions thereof conceived, reduced to practice, or otherwise developed on or on behalf of Bernie 2020, all of which are valuable assets of Bernie 2020, and any copyright, patent, trademark, or any other intellectual property right, or federal or state right, pertaining thereto.

We welcome feedback, but note if you submit comments, questions, suggestions, ideas, or other feedback to us by any means (" Feedback") you understand and agree that we have the unlimited right to use and exploit such Feedback in any manner without any obligation to you.

Important Information about Children

The Children's Online Privacy Protection Act ("COPPA") ( https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions ) requires that online service providers obtain parental (or legal guardian) consent before they collect personally identifiable information online from children who are under 13. Therefore, we only collect personal information through the Services from a child under 13 where that parent or guardian (or a student's school, district, and/or teacher has agreed to obtain parental/guardian consent for that child) to use the Services and disclose personal information to us, for the use and benefit of the learning environment. If you are a child or student under 13, please do not send any personal information about yourself to us if your parent, guardian, school, district, and/or teacher has not provided this prior consent to us, and please do not send any personal information other than what we request from you in connection with the Services. If we learn we have collected personal information from children or students under 13 without parental/guardian consent being obtained or if we learn children under 13 have provided us personal information beyond what we request from them for the Services, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information in violation of this paragraph, please contact us at [email protected] .

Parents and legal guardians, if your child is under the age of 13, consent may need to be given in order for such child to use certain features of the Services. You are responsible for understanding how the Services you use, subscribe to, make available, and/or distribute on behalf of yourself or other users may collect and use information of users of our Services. If you are the parent or legal guardian of a child who has created an account with us and you did not receive an email seeking your consent, you can email us at [email protected] to have that child's account deleted.

If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or legal guardians whose children under 13 will be accessing the Services. You are responsible for understanding how the Services you use, subscribe to, make available, and/or distribute on behalf of yourself or other users may collect and use information of users of our Services. When obtaining consent, you must also provide parents and legal guardians with our Privacy Policy. You must keep all consents on file and provide them to us if we request them. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district. Upon termination of a teacher or other staff member's employment with any school and/or district, such individuals must return and cease using all login details and student access they have in their possession.

Spam

You are fully responsible for all calls, emails, messages, and other communications that you make in connection with your use of the App. If you believe that you are being contacted inappropriately or illegally through or because of our Services, please contact us at [email protected].

Electronic Communication

By accessing or using the Services, you consent to receiving electronic communications from us, including texts, email, or via other electronic means. Message and data rates may apply. Neither we nor the participating carriers guarantee that messages will be delivered. Such communications may include notices and information concerning or relating to the Services. You agree that any electronic notices, signatures, acknowledgements, transfers, agreements, disclosures, or other communications will satisfy any legal communication requirements, including any requirements that such communications be in writing.

Copyright Issues

In accordance with the Digital Millennium Copyright Act (" DMCA") and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the Services for users who we have deemed, in our sole discretion, to be repeat infringers. We may also, at our sole discretion, limit and/or terminate access to the Services (or any portion thereof) for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Additionally, we reserve the right to limit access to the Services (or any portion thereof) for any users for reasons of our own discretion, that we are not obligated to reveal, at any time.

If you believe that anything in our Services infringes upon any copyright you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

● Name of Agent Designated to receive notification of claimed infringement:

Mr. John Robinson

● Full address of Designated Agent to which notification should be sent:

PO Box 391, Burlington, VT 05402

● E-Mail Address of Designated Agent: [email protected]

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including but not limited to costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice to you in our sole discretion at any time.

Services "AS IS"

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, BERNIE 2020 AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR YOUR USE THEREOF. THE SERVICES ARE PROVIDED SOLELY ON AN "AS IS," "AS AVAILABLE" BASIS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO -- THIS INCLUDES ANY LIABILITY FOR BERNIE 2020 OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT WILL BERNIE 2020, ITS AFFILIATES, SUPPLIERS, DISTRIBUTORS, EMPLOYEES, OR AGENTS (THE "BERNIE PARTIES") BE LIABLE FOR: (a) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY OR CAUSE OF ACTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER OR NOT BERNIE 2020 OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE BERNIE PARTIES TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED $1.00 USD, REGARDLESS OF LEGAL THEORY OR CAUSE OF ACTION.

Indemnification

You agree to defend, indemnify, and hold Bernie 2020 Inc., its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services in violation of these Terms. You agree to promptly notify us, cooperate in any relevant defense, pay all fees, costs, and expenses associated with such defense, and that we will have control of the defense or settlement at our sole option of any third party claims.

Disputes and Claims

Any and all disputes, demands or claims arising from or related to your access to and/or use of the Services and/or the App; User Content; Account; Voter Data; Policies, Partner Content and/or these Terms, shall be settled and resolved first by good faith efforts to amicably resolve the matter through discussion and negotiation (which may include mediation if both you and we so agree). If those efforts fail despite such good faith attempts, then the exclusive forum for resolution of any and all such disputes and claims shall be a state or federal court located in the State of Vermont. You and we agree to personal jurisdiction and venue in such court in any such suit or action.

Controlling Law

These Terms will be governed by the law of Vermont except for its conflicts of laws principles.

Entire Agreement

These Terms constitute the entire agreement between you and Bernie 2020 with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability, Assignment, Survival

Bernie 2020’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Bernie 2020 may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. In addition to those provisions identified in the Terms to survive termination, all provisions of the Terms which, by their nature, are intended to survive its termination or expiration, shall survive its termination or expiration.

Modifications

We reserve the right to change or modify these Terms, our Privacy Policy (or any other policy), and the Services we offer at any time without notice to you to reflect changes in our practices or keep current with relevant laws or industry standards. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We will strive to make sure significant changes to our Terms or the Services will be communicated to all users.

Questions / Contact

Questions, comments, and any other correspondence regarding our Services may be directed to us at the email address [email protected].

Name: Bernie 2020

Address: PO Box 391, Burlington, VT 05402

Email: [email protected]