Terms of Use

As of May 25, 2016

The following statement outlines the terms of use ("Terms") for using or accessing votegraph.com ("Votegraph"). These Terms are made between you and Votegraph, LLC. By using or accessing Votegraph, you agree to these Terms and any subsequent updated Terms as they are posted on Votegraph.

1. Definitions

  1. "User" – Anyone using or accessing Votegraph.
  2. "Voter Account" – A free account on Votegraph that requires sign up and allows Users to, among many things, follow political candidates.
  3. "Candidate Account" – An account on Votegraph for use by political candidates that requires sign up and allows Users to, among many things, create a publicly viewable campaign profile. All Candidate Accounts include a Voter Account.
  4. "Voter" – Users who have an active Voter Account.
  5. "Candidate" – Users who have an active Candidate Account. All Candidates are also Voters.
  6. "Us", "We", or "Our" – Votegraph, LLC
  7. "Public Information" – Any information provided by a Candidate, excluding account email address, password, security questions, billing information, and account phone number, and of which Votegraph makes viewable to other Users.

2. Scope of Terms

  1. These Terms supersede all prior versions.
  2. If any part of these Terms is determined to be unenforceable, all other parts will remain valid and enforceable.
  3. These Terms will remain in effect even if we fail to enforce any of these Terms.
  4. We will comply with the law, even if it contradicts with any of these Terms.
  5. These Terms are provided in the English language. If we provide any translations to these Terms which conflict with the English terms, the English Terms will take precedence.
  6. We reserve all rights not specifically given to you.

3. Liabilities, Warranties, & Guarantees

  1. Votegraph is provided to Users "as-is" and without any warranties or guarantees.
  2. There is no guarantee that Votegraph will be safe, secure, or error-free at all times, or that Votegraph will not experience system delays or down-time. We will do our best to prevent any of the above problems, but any services you purchase or receive from Votegraph are provided on a "best-effort" basis.
  3. We are not responsible for any data, information, or content posted on Votegraph by Users and/or third-parties or for actions taken by Users and/or third-parties, on or off of Votegraph. You release us and our employees, management, officers, agents, and partners from any claims or damages that are in any way connected to a claim you make against such Users or third-parties.
  4. We are not responsible for any content posted on Votegraph by a User that is inappropriate or offensive to you.
  5. Users take financial and legal responsibility for any and all content they post on Votegraph. Users release us from any claims made against them for posting such content.
  6. We are not liable to you for any losses or damages incurred by you through your use of Votegraph or through the actions of other individuals, including any financial, emotional, indirect, physical, material, punitive, special, or social losses. Example: If you lose an election, you release us from any liability, loss, or damage you incur as a result.
  7. Our aggregate liability to any User will not exceed the amount paid to us over the past twelve (12) months, except where permitted by applicable law.
  8. We are not responsible for any issues you may have when attempting to access Votegraph, including internet access, wireless coverage, access speeds, device limitations, and the User's ability.
  9. When Users mark a Candidate with "Follow" or "My Candidate", it is not a guarantee of support by those Users for the Candidate.
  10. Creating a Candidate Account on Votegraph is not a substitute for registering your candidacy in your respective geography or governing body. Please register your intent to run for a political office with your respective election organization, if any.

4. User Commitments

While using Votegraph, you agree:

  1. You are at least 18 years of age, or have your parent's or guardian's permission to use or access Votegraph. If you have your parent's or guardian's permission, you must ensure they agree to these Terms as well. You understand that some content posted by other Users may be offensive or inappropriate for people under 18 years of age, and you release us from any claims if such occurs.
  2. You will not post any unauthorized advertisements, unauthorized content, or any advertisements for commercial products or services on Votegraph. Any advertisements that are posted must also meet one of the following requirements:
    1. The advertisement is directly related to the political campaign of the Candidate who is making the post.
    2. The advertisement is directly related to an event or function in which the Candidate is involved and has permission to advertise on behalf of.
  3. You will not post, share, or communicate any content or links on Votegraph that:
    1. Contains nudity, pornographic content, or sexual content.
    2. Contains hate speech.
    3. Contains discriminatory content.
    4. Contains illegal drug use or promotion.
    5. Is harassing to other Users.
    6. Contains anyone's confidential or sensitive financial information.
    7. Contains anyone's personal or sensitive government identification information.
    8. Contains anyone's home address, email address, or phone number, unless it is your own.
    9. Encourages violence on Votegraph.
    10. Encourages acts of terrorism.
    11. Violates intellectual property rights.
  4. You will not use any automated means (such as robots, spiders, scrapers, harvesting bots) to collect information about Users, Users' content, or Votegraph code, unless authorized by us.
  5. You will not perform any illegal activities, such as fraud, false advertising, terrorism, slander, harassment, or theft.
  6. You will not perform any action that violates another User's legal rights or rights within these Terms.
  7. You will not upload any viruses, malware, spyware, or any other malicious code.
  8. You will not access any other User's account, unless strictly allowed by that User.
  9. You will not create more than one account for yourself. Voter Accounts and Candidate Accounts are treated as a single account for a single User. If we suspend or close your account, you will not create another account without our permission.
  10. You will not create an account for someone else, without their permission.
  11. All personal information you provide about yourself, or those with whom you have permission, must be true. This includes any information inputted during registration, billing information, and information within your "Candidate Profile" or "Profile" settings.
  12. You will not create or maintain a Candidate Account if you are ineligible to run for the political office in which you have designated in your "Candidate Profile".
  13. You will keep your account, personal, contact, and billing information up-to-date.
  14. You are responsible for any information or content posted under your account (even if you have given permission to someone else to access your account). We recommend not sharing your login credentials (username and password) with anyone.
  15. You will not transfer, sell, or give your account to anyone else. You will not buy, receive, or accept an account from anyone else. Accounts will only ever be for the original creator. Anyone wanting an account must create their own from scratch.
  16. Custom profile URLs for Candidate Accounts will not include any inappropriate language, racial profiling, trademark violations, or sexual references. Custom profile URLs may not intentionally mislead Users that the profile is for another Candidate or intentionally misrepresent other Candidates. We reserve the right to change URLs, suspend accounts, or terminate accounts if we believe it is appropriate.
  17. If the customer profile URL you want is taken, you will choose another variation without complaint or claim against us.
  18. If a Candidate provides his office's or campaign's contact information (such as phone, email, or mailing address), you will only use this information to send inquiries related to the Candidate's political campaign. You will not use this information to advertise any commercial products or services to the Candidate, harass the Candidate, threaten the Candidate, or send any harmful content or data. Any violations to this may result in legal actions against you by the effected Candidate.
  19. You will not copy, duplicate, record, or reuse the coding, programing, scripts, or similar data provided on Votegraph.
  20. You will not take any actions that could negatively affect the performance, operation, or appearance of Votegraph, such as denial of service attacks, virus uploads, malware uploads, hacking, spam, or interfacing with the Votegraph system beyond normal browser navigation.
  21. You will not use our trademarks or copyrights, except as permitted under "Trademark Usage" or with our express written consent.
  22. You will not encourage or support anyone else to violate these Terms.
  23. You will release us from any claims or obligations to you if we share your information or take an action that affects you:
    1. In response to a legal request.
    2. If we believe doing so may help prevent or resolve an illegal activity.
  24. You agree to our Privacy Policy, as posted at www.votegraph.com/privacy.

We reserve the right to determine if any User is in violation of these conditions.

5. Managing Your Account

There are 2 types of accounts you can create on Votegraph: Voter Accounts and Candidate Accounts. As the name implies, Voter Accounts are meant for voters, while the Candidate Accounts are meant for political candidates. Users can create a Voter Account, create a Candidate Account, or upgrade a Voter Account to a Candidate Account. All Candidate Accounts are linked to a base Voter Account record.

  1. Creating a Voter Account or Candidate Account
    1. All required fields on the sign up forms must be completed to create and access the account type by which you are signing up under. Having a Voter Account does not give you rights to a Candidate Account. Candidate Accounts include a linked Voter Account. Log in is the same for a User's Voter and Candidate Accounts.
  2. Closing a Voter Account
    1. Voters can choose to close their Voter Account at any time from their "Account Information" page, as long as they do not have a Candidate Account.
    2. If you have a Candidate Account, the Candidate Account must be closed before the Voter Account can be closed.
    3. Once a Voter Account is closed:
      1. Voter Account information may be deleted after sixty (60) days. After this period, there is no guarantee we will able to restore any previous Voter data.
      2. Any backup information from a previously closed Candidate Account (which was linked to the Voter Account) may be deleted after sixty (60) days. After this period, we won't be able to restore any previous Candidate data.
  3. Reactivating a closed Voter Account
    1. Reactivating a closed Voter Account is only available if a User's Voter Account has not been closed for more than sixty (60) days.
    2. To initiate the reactivation of a closed Voter Account, login to your Voter Account, using your previous credentials, within sixty (60) days of closing the Voter Account.
    3. All information provided as part of the Voter Account prior to closer will be restored after reactivation.
  4. Closing a Candidate Account
    1. Candidates can choose to close their Candidate Account at any time from their "Account Information" page.
    2. Closing a Candidate Account will convert the User's account to a Voter Account. It will not close the associated Voter Account.
    3. Once a Candidate Account is closed:
      1. The User will no longer have access to any features related to a Candidate Account.
      2. The User's account will revert to a "Voter Account" only.
      3. The Candidate's public profile will no longer be visible to Users.
      4. The Candidate's name will no longer appear in search results and comparisons.
      5. Voters who have followed the Candidate will see the Candidate's profile as "Inactive" in their "Followed Candidates" list. Voters will be able to unfollow the Candidate, but will be unable to follow them again.
      6. The Candidate Account information will be backed up, in case the User wishes to reactivate the Candidate Account at a later time. The exception is if the User's associated Voter Account is closed as well (see "Closing a Voter Account"), in which case the Candidate's Account information will be permanently deleted after 60 days.
      7. Existing "Podium" postings and Events will remain visible to Users.
      8. The Candidate will not be billed at the beginning of the next billing cycle.
      9. Notwithstanding any terms to the contrary, existing billing and financial transaction information will be retained.
  5. Reactivating a closed Candidate Account
    1. Reactivating a closed Candidate Account is only available if a User has a previously closed Candidate Account and their Voter Account has not been closed for more than 60 days.
    2. To initiate the reactivation:
      1. If you still have an active Voter Account, select "Upgrade to Candidate" from your "Account Information" page.
      2. If you do not have an active Voter Account and your Voter Account was closed within the last 60 days, reactivate your Voter Account first (see "Reactivating a closed Voter Account"), then select "Upgrade to Candidate" from your "Account Information" page.
    3. If your previously closed Candidate Account's paid billing cycle is still going on, and your Voter Account has not been closed for more than 60 days, there is no charge to reactivate your Candidate Account. Your previous billing cycle will remain for the reactivated account, including the next renewal date.
    4. If your previously closed Candidate Account's most recently paid billing cycle has lapsed, or your Voter Account has been closed for more than 60 days, a new billing cycle will begin and you will be charged based on your current follower count. Note that when you close a Candidate Account, Voters who have chosen to follow you do not have to remove you from their follow list. Upon reactivation, you will once again become active in a Voter's follow list if that Voter has not removed you from their list.
    5. The Candidate's public profile will become visible to Users.
    6. The Candidate's name will start appearing again in search results and comparisons.
    7. All metadata stored for the Candidate Account will be reactivated based on the information that existed when the Candidate Account was previously closed, given that the Voter Account has not been closed for more than 60 days. We recommend updating your account information, bio, etc. as soon as possible when a Candidate Account is reactivated.

6. Billing for Candidate Accounts

  1. When first creating a Candidate Account, Candidates will not be required to provide billing information. Once a Candidate gains enough followers to qualify for a monthly rate greater than $0, the Candidate will be required to provide billing information within 15 days. Failure to provide such billing information within 15 days will result in suspension of your Candidate Account. Current subscription rates can be found at www.votegraph.com/candidates/benefits and may change at any time. By providing this billing information, you consent to letting us communicate with you electronically concerning your payments, billing information, and transactional information.
  2. You consent to having your billing processed using a third-party partner.
  3. You agree to provide accurate and up-to-date billing information, and that you have full authority to provide such information.
  4. We may reject or cancel a transaction if we believe it puts us or anyone else at risk, is illegal, or violates these Terms.
  5. For any billing information you provide which we believe may be illegal or violates these Terms, you grant us permission to contact any effected financial institutions, law authorities, and parties and share such information.
  6. You authorize us to collect your billing information, charge your billing information, and process automatic payments using your billing information for the services and subscriptions you select while using Votegraph.
  7. You give our partners and us permission to store your billing information for financial tracking, future auto-renewal payments, and manual payments in connection with the services and subscriptions you select while using Votegraph.
  8. Credit cards and debit cards are the only current billing types allowed. Full address and CVC/CVV code are required.
  9. If charging your credit card or debit card results in additional fees to you, such as overdraft fees or interest, you take full responsibility for those fees.
  10. Sales tax will be added to rates for any Candidates located in the state of Texas. A Candidate's location is defined by the Candidate's billing information, as provided to us by the Candidate. If there are any other tax-related costs or incomes related to your purchase of our services, it is your responsibility to track, manage, and report those, as required by law. You will indemnify us for any claims or legal actions that result out of your failure to follow these requirements.
  11. If any problems arise that prevent a Candidate or us from successfully paying or renewing a Candidate Account subscription, we will attempt to help resolve the problem if the problem is with Votegraph, but we make no guarantees. You release us from any obligations to provide you with a Candidate Account if your attempts at purchasing or auto-renewing a subscription are unsuccessful, or if our attempts at resolving such a problem are unsuccessful.
  12. Any failed Candidate Account payments or renewals will result in suspension of the Candidate Account until such payment or renewal is successfully processed and the Candidate Account balance is zero. Candidates may be required to manually log into their Candidate Account and pay unpaid balances if our automatic attempts at processing a payment or renewal are unsuccessful.
  13. Candidate Account fees will continue to be charged and/or invoiced monthly for all active Candidate Accounts, regardless of whether the Candidate Account is suspended or unsuspended. Having a suspended Candidate Account does not remove the Candidate's responsibility to pay the current month's fees or any future monthly fees in which the Candidate Account is still active. If a Candidate's account has been suspended and the Candidate does not want to pay for any future months of service, the only option for the Candidate is to close their Candidate Account before the next monthly billing cycle. Taking such action does not remove the Candidate's responsibility to pay for the current billing cycle or previously unpaid billing cycles.
  14. If, for any reason, you fail to pay us for services rendered to you, we or one of our partners will contact you to resolve. If payment has not been resolved within thirty (30) days of us contacting you, we may take other actions to collect that payment, including legal action or collection agencies. If we take such an action, you agree to pay any and all expenses associated with collecting that payment, including any legal, attorney, or collection agency fees.
  15. Candidate Accounts are charged a pre-paid monthly subscription rate based on the number of “followers” the associated Candidate has at the beginning of a billing cycle.
    1. Current rates can be found at www.votegraph.com/candidates/benefits and may change at any time.
    2. We constantly monitor Candidates' follower counts. Once a Candidate's follower count changes subscription rate levels, we will automatically adjust the next monthly billing rate charged to the Candidate. Rate changes will take affect during the next billing cycle. Current billing cycle amounts will not be affected. Example:

      George creates a Candidate Account at noon on January 1. George's monthly billing cycle now begins and ends at noon on the first day of each month.
      At noon on April 1st, George has 1,000 followers and a monthly rate of $0.
      At noon on April 16th, George reaches 1,001 followers and a monthly rate of $50.
      At noon on May 1st, George is charged $50 (plus any applicable taxes) for his billing cycle from May 1st to June 1st.
    3. If subscription rates or structures change, Candidates agree to pay such changes at their next billing cycle. The Candidate's current billing cycle amounts will not be affected. Example:

      George creates a Candidate Account at noon on January 1. George's monthly billing cycle now begins and ends at noon on the first day of each month.
      On April 1st, George has 5,000 followers and a monthly rate of $50.
      On April 20th, Votegraph's monthly subscription rate for 5,000 followers increases to $55.
      On May 1st, George is charged $55 (plus any applicable taxes) for his billing cycle from May 1st to June 1st.
    4. Candidates can see how many followers they have from their account page or from their public profile. By maintaining a Candidate Account, you accept the follow counts provided by us. We are not responsible for ensuring that a follower count is accurate to real life conditions since Voters choose whether or not to follow a Candidate and we have no way of validating every Voter and their follow choices. We are not responsible for auditing follower counts or follower lists for Candidates, nor will we provide names or email addresses about Voters to Candidates.
  16. Monthly subscriptions and billing cycles are tracked using the exact time of day. For example:

    You sign up for a Candidate Account at 6:30pm on January 1, 2016.
    Your next billing cycle will begin at 6:30pm on February 1, 2016.
  17. Monthly subscription fees are charged at the beginning of a billing cycle and cover one (1) month of subscription to Candidate Account services.
  18. If a Candidate closes their Candidate Account (which can be done at any time):
    1. Access to Candidate Account services will be cancelled.
    2. Auto-renewal and automatic payments will be cancelled.
    3. Fees paid for the current billing cycle are forfeit. There are no refunds or prorated rebates for the unused remainder of the billing cycle and monthly subscription.
  19. By signing up for a Candidate Account, you agree to have your account auto-renewed at the end of each billing cycle for one (1) more month of service, unless you cancel your Candidate Account before the end of your current billing cycle. A successful auto-renewal will result in an automatic payment against your billing information at the beginning of your new billing cycle. To ensure auto-renewal occurs each month, you will need to ensure your billing information remains up-to-date in your “Account Information” under “Billing”. Failure to keep your billing information updated when an automatic payment occurs will result in your Candidate Account being automatically suspended until we are able to charge you successfully
  20. If a User chooses to reactivate a closed Candidate Account while their previously paid billing cycle is still going on, the User will not be charged again for the remainder of that billing cycle. The User's previous billing cycle and next renewal date will remain in effect for the reactivated account.
  21. If a User chooses to reactivate a closed Candidate Account after their most recently paid billing cycle has ended:
    1. A new billing cycle will begin at the time and date of reactivation.
    2. The User will receive one (1) full month of Candidate services.
    3. The User will be charged a monthly subscription rate based on their current follower count.

7. Accessing Votegraph

  1. When accessing Votegraph, standard connectivity rates and fees may still apply from your carrier, operator, or service provider (such as text messages, SMS, MMS, and data usage). We are not responsible for covering these rates and fees or helping you track how much usage you incur while accessing Votegraph.
  2. When accessing Votegraph, we are not responsible for any failures, outages, errors, or problems that may occur as a result of problems with or actions made by your carrier, operator, or service provider.
  3. For Users outside the United States of America, you agree to allow your personal information and data to be sent to and processed in the United States of America.
  4. We use "cookies" (a common tool used by websites) to provide some of our services. If your application or device is blocking cookies, or if you choose to block cookies, your access to Votegraph and ability to use our services may be affected. We are not responsible if this occurs or for helping you resolve such a problem.

8. Votegraph System Messaging

  1. We will, on occasion, send out email newsletters about Votegraph, including general news and announcements. You can subscribe or unsubscribe from this newsletter in your "Notification Settings" within your "Account Information". New accounts default to being subscribed.
  2. Specific changes to your account will trigger an automated email to you when they occur. You can turn this type of notification on or off in your "Notification Settings" within your "Account Information". New accounts default to receiving these notifications. Account changes that trigger these notifications include:
  3. Display Name, Profile URL, Email Address, Password, Mobile Number, Security Question, Billing Information, Target Political Office, Election Date, Profile Photo, Profile Video, Account Closure
  4. If you choose to reset your password, we will send you an email with reset instructions.

9. Trademarks, Copyrights and Intellectual Property

  1. You own all the information you input into Votegraph, and grant us full permission and license to use this information to provide our various services and features.
  2. Much of the information you provide is optional, and can be changed at any time. Other information is mandatory for accessing, using, and signing up for Votegraph. If you choose not to provide specific information, you do so with the understanding that access and functionality to Votegraph may be limited.
  3. You grant us full permission to display any Public Information you input into your Candidate Account.
  4. You grant full permission to other Users, including all necessary rights, to view your Public Information, reference that Public Information elsewhere on Votegraph, and reference that Public Information outside of Votegraph.
  5. If intellectual property rights apply to any content you provide to Votegraph, you acknowledge that:
    1. You have the right to share such content.
    2. You give us a royalty-free, transferable, non-exclusive, worldwide license to use such content. This license ends when you delete this content and it is removed from our system and backups. Any deleted content:
      1. May exist in our systems and backups for a reasonable period of time (as determined by us) before being permanently deleted.
      2. Will not be visible to other Users, unless it is part of a system restore event where we must load a backup data set to restore the functionality of Votegraph. If such a system restore event does occur, you may need to delete the content again. Because of the amount of information available on Votegraph, we will not be able to inform you which information needs to be re-deleted if a restore event occurs. You are responsible for ensuring your information is up-to-date, even when a system restore event occurs.
    3. You are responsible for any legal claims or issues that may arise from Votegraph sharing that content. You will indemnify us and hold us unaccountable for any losses or damages related to such claims or issues.
  6. By using or accessing Votegraph, you agree not to collect or reuse any code, scripts, data, site language, design work, trademarks, copyrighted material, or processes found on Votegraph, without our permission. Doing so may result in legal action against you.
  7. Any Public Information you collect from Votegraph about Candidates, and of which you then use in a personal or commercial publication, must reference Votegraph as the source.
  8. We are under no obligation to compensate you, in any way, for any feedback or suggestions you may provide us.

10. Candidate Use of the Votegraph Logo

Candidates may use the Votegraph logo only when all of the following requirements are met:

    1. The logo is used in their political campaign media (such as advertisements, business cards, newsletters, road signs).
    2. The logo is positioned next to the Candidate's current Votegraph profile URL, as defined in their Candidate Account. Using an example where a Candidate's profile URL is defined as "JohnDoe", approved formats for the accompanying profile URL would include:
      1. votegraph.com/JohnDoe
      2. /JohnDoe
      3. JohnDoe
    3. The Candidate's account is active (not closed, suspended, or cancelled).
    4. The logo is used as-is, without any visual changes, modifications, or additions. The only exceptions are that proportional resizing and conversion to black-and-white are allowed.

Various Votegraph logo files can be downloaded at www.votegraph.com/brand.

Any other use of the Votegraph logo, without written approval from us, is strictly permitted.

11. Response to Violations

  1. If we identify content or information that violates these Terms or that we consider is inappropriate for Votegraph, we can remove that content or information at any time. If a User attempts to re-add the same or similar violating content or information, we can place the User's account on suspension or terminate the account completely.
  2. If a User violates any of these Terms, violates the spirit of these Terms, or creates legal risk to us, we can suspend a User's account for a period of time deemed appropriate by us or terminate a User's account completely. If we suspend or terminate a User's account, we can stop providing all or part of Votegraph's services to the User. We have sole discretion in interpreting whether a violation has occurred or if legal risk has been created.
  3. If we suspend a User account due to violation of these Terms, the User:
    1. Will still be able to access their account, including closing their account or modifying their information.
    2. Forfeits any rights to our services, for as long as we deem appropriate. Candidates, specifically, will:
      1. Be removed from global search results.
      2. Be removed from "Meet Your Candidates" search results.
      3. Be unable to make new "Podium" postings.
      4. Be unable to post new events.
      5. Have their public profile page placed in a "hidden" state. Users will not be able to see the Candidate's public profile, and will instead see a message indicating the Candidate's profile is not available.
    3. Will not be allowed to create a new account for as long as we deem appropriate. Attempting to do so will result in termination of the suspended account and the new account.
    4. Releases us from any obligations to the User as specified in these Terms, for as long as the suspension is in effect.
    5. Forfeits all existing and previous payments made to Votegraph and any remaining prorated services for the remainder of their billing cycle. For example, if a User paid $50 on April 1 for a one-month Candidate Account subscription, and we suspend that User's account on April 16 of the same month, User forfeits the full $50, will not receive a $25 credit for the remaining portion of their one-month subscription, and will not receive service for the remaining portion of their one-month subscription. The only exception to this is if we remove the suspension on a User's account during the User's pre-paid subscription cycle, in which the User will be allowed to utilize Votegraph's services through the end of their pre-paid subscription cycle, but forfeits any prorated financial reimbursements or service credits for the period of time in which their account was on suspension.
  4. If we terminate a User account due to violation of these Terms, the User:
    1. Will not be able to access their account. Notification of termination will be provided whenever a login attempt is made.
    2. Forfeits any rights to continue using Votegraph, for as long as we deem appropriate.
    3. May not be allowed to create a new account, for as long as we deem appropriate. Attempting to do so without permission will result in termination of the new account and potential legal action.
    4. Releases us from any obligations to the User as specified in these Terms.
    5. Forfeits all existing and previous payments made to Votegraph and any remaining prorated services for the remainder of their payment cycle. For example, if a User paid $50 on April 1 for a one-month Candidate Account subscription, and we terminate that User's account on April 16 of the same month, that User forfeits the full $50, will not receive a $25 credit for the remaining portion of their one-month subscription, and will not receive service for the remaining portion of their one-month subscription.
  5. We may terminate an account if we discover that the User is diseased or physically incapable of utilizing their account in the future. Accounts cannot be transferred to another person or party, for any reason.
  6. Notwithstanding any other Terms to the contrary, we may retain User information for as long as we deem necessary (including billing and transactional information) if we suspend or terminate a User's account.

12. Special Circumstances for Sharing Your Information

  1. If we receive a legal request which requires us to access and share your information, we will do so if we believe we are required by law. This includes requests from inside and outside the United States of America. This includes billing and financial transaction information.
  2. If we identify a situation where accessing and sharing your information will help prevent an illegal activity, help resolve an illegal activity, protect us from legal or financial harm, or protect others from harm, we may do so.

13. Force Majeure

We are not liable for any failure, delay, or limitation in providing of our services to Users when:

  1. Such a failure, delay, or limitation is due to causes beyond our reasonable control, including but not limited to: acts of God, tornados, hurricanes, floods, earthquakes, fires, explosions, dangerous weather conditions, power blackouts, war, terrorism, threats of terrorism, nuclear disasters, civil disorder, strikes, labor disputes, disease outbreaks, embargoes, or government actions.
  2. The continued provision of our services would be commercial impractical, impossible, or illegal.

14. Waiver

Our failure to exercise, delay in exercising, or partial exercising of any rights, provisions, obligations, or privileges under these Terms:

  1. Shall not constitute a waiver of those rights, provisions, obligations, or privileges at a later date.
  2. Shall not constitute a waiver of any other rights, provisions, obligations, or privileges under these Terms or our Privacy Policy, as posted at www.votegraph.com/privacy.

15. Disputes

  1. You will submit and resolve any claims, disputes, or legal actions you make or have with us, whether or not they are related to these Terms or generally with us, in the U.S. District Court of the Eastern District of Texas or in a state, county, or local court located in Collin County, Texas. For such claims, disputes, or legal actions, you agree to submit to the jurisdiction of such courts for all litigation.
  2. These Terms are governed by the laws of the State of Texas, as well as any claims, disputes, or legal actions that may arise between you and us, as allowed by the law.
  3. If anyone makes a claim against us which is related to your actions or content you posted on Votegraph, you will indemnify us and hold us unaccountable for any losses or damages related to such a claim. This includes any legal fees or costs related, in any way, to such a claim.
  4. For any concerns related to the Terms, please contact us at legal@votegraph.com.

16. Amendments to these Terms

  1. Unless we change these Terms for the following reasons, we will provide you seven days' notice of changes via the email address under your account.
    1. Legal requirements
    2. Administrative needs
    3. Grammatical errors
    4. Unintended or inaccurate statements
  2. We are in no way obligated to provide notice of changes via mail, phone, or other communication methods. We are not responsible if you are unable to receive these notices due to any conditions outside our control, including, but not limited to, your failure to keep your email address updated in your account or your email service blocking our emails.
  3. Updated Terms will be posted under the "Terms of Use" link on Votegraph (www.votegraph.com/terms).
  4. Once any updated Terms are published on Votegraph, your continued use of Votegraph constitutes your agreement and acceptance of those updated Terms.

17. Effective Dates & Termination

  1. The effective dates of these Terms, and any future updates to these Terms, begin when a User initially uses or accesses Votegraph and continues indefinitely until termination.
  2. These Terms shall terminate between a User and us if any of the following events occur:
    1. A User closes their Voter Account and does not access or use Votegraph further.
    2. We terminate a User's Voter Account and the User does not access or use Votegraph further.
    3. Our business operations cease.
  3. If these Terms are terminated, the following provisions will continue to apply:
    1. Section 3: Liabilities, Warranties, & Guarantees
    2. Section 9: Trademarks, Copyrights, and Intellectual Property
    3. Section 12: Special Circumstances for Sharing Your Information
    4. Section 14: Waiver
    5. Section 15: Disputes