Terms of Use

ACCEPTANCE OF TERMS

X-Voter.com, Inc., (“X-voter”) a corporation formed and existing under the laws of the State of Texas, provides the use of its proprietary internet website, X-Voter.com (the “Website”), to any person gaining access to it (“you”), subject to this Terms of Use (this “TOU”), which may be updated by us from time to time without notice to you.  You can review the most current version of this TOU at any time at:  x-voter.com/termsofuse/. Your use of the Website constitutes your agreement to all terms, conditions, policies contained in this TOU and any notices given to you via the Website (the “Agreement”).

DESCRIPTION OF SERVICE

X-Voter provides you with access to various resources through its Website (the “Service”).  X-Voter offers two ways of providing Service to you:  annual for fee memberships to “Members”, or “read-only” free access to “Viewers”.  As such, you are responsible for obtaining access to the Service either by subscribing as a Member through the Website’s “Registration Page,” or opting into the Service as a Viewer any time you gain access to any URL associated with the Website.

Viewers will receive access to the Website solely to view publicly available portions of the Website’s content, as it may be made available from time to time, but will not be allowed to make any input to Website functions or view content intended only for use by Members.

Only Members will be allowed to vote or make any other input to Website functions (“member services”) and to view content that is available only to them.  Members are responsible for paying the annual membership fee in advance in order to have access to member services.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new X-Voter properties, shall be subject to this TOU.  You understand and agree that the Service is provided “as-is” and that X-Voter assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your communications or personalization settings, or transmit referendum results.

You must provide at your own expense, and are solely responsible for, all services equipment and software necessary to gain access to the Service.

MODIFICATIONS TO SERVICE

X-Voter reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  You agree that X-Voter shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

X-Voter may change, add or remove any part of this TOU, or any other terms associated with the use of the Website, at any time, by posting a notice of such changes to:  x-voter.com/termsofuse/. Any such changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the Website after the notice is posted, you are indicating your acceptance of those changes.

FEES AND PAYMENTS

X-Voter will charge you an annual fee to become a Member.  In order to use member services you will be required to register as prescribed on the Website and pay the annual fee through a valid credit card account.  In addition, X-voter may offer additional “for fee” services to its Members from time to time.  You agree to pay all fees and charges, including applicable taxes, incurred through your credit card account at the rates in effect for the billing period in which such fees and charges are incurred.  X-Voter reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon prior notice to you.

In order to set up an annual membership subscription to the Website you must provide X-Voter with valid credit card information.  By submitting such credit card information, you give X-Voter permission to charge all fees incurred through your account to the credit card you designated on the Registration Page.  All fees (other than renewal fees) will be charged at the time they are incurred.

REGISTRATION AND ACCOUNT CREATION

As part of the registration and annual membership process required to obtain access to X-Voter’s member services, you will be assigned a username that will be your e-mail address and a confidential password that you will create.  You will provide X-Voter with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting the Website’s “Registration” page).   You will be asked to certify that you are eligible to vote, according to current legislative standards, and if it is determined by X-voter that you falsified this statement your annual membership will be cancelled immediately.  You will be solely responsible for maintaining the confidentiality of your password.  You are solely responsible for all usage of your member services including, but no limited to, use of the Website by any person to whom you give, or who otherwise gains access to, your username and password.

NON-TRANSFERABILITY OF SUBSCRIPTION

Your right to use this Website is personal to you and you may not sub-license, transfer, sell or assign your rights or responsibilities under your Agreement to any third party without our approval.  Any attempt to do so will be void and may result in the cancellation of your annual membership.

SUBSCRIPTION RENEWAL AND CANCELLATION

X-Voter will automatically renew your annual membership by charging your credit card account upon every one-year anniversary of the date on which you subscribed at the prevailing annual membership rate.  You give permission to X-Voter to automatically charge your annual membership fee to your credit card annually.  However, you may “opt out” of this automatic renewal at any time by visiting the Registration page of the Website and indicating your preference.  Or, at any time prior to 30 calendar days before the anniversary date of your annual membership, you may give X-Voter notice by e-mail to [email protected] that you do not wish to renew your account.  Also, X-Voter will e-mail annual membership subscribers approximately one month before such a renewal and give them the opportunity to cancel their subscriptions.  X-Voter will cancel your membership upon receipt of such notification from you.

You may cancel an annual membership and receive a full refund if you make your cancellation and refund request to this e-mail address, [email protected], within 30 calendar days from the day you signed up.  No other refunds will be offered.

Service to any or all Viewers who obtain free “read only” access to X-Voter may be terminated or restricted at any time after their access was granted.

SPONSORS, THIRD PARTIES AND ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser.  You agree that X-Voter shall not be responsible or liable for any loss or damaged of any sort incurred as a result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.

OTHER SERVICES

From time to time X-voter may offer additional services to its Members.  Such services will be offered on a voluntary basis to allow Members to “opt-in” at their discretion.  However, once such additional member service is elected by a member, then that service becomes subject to all of the provisions of this TOU as it pertains to member services.

LINKS

X-Voter may provide, or third parties may provide, links to other World Wide Web websites or resources.  Because X-Voter has no control over such websites and resources, you acknowledge and agree that X-Voter is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such websites or resources.  You further acknowledge and agree that X-Voter shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED ON AS “AS IS” AND “AS AVAILABLE” BASIS.  X-VOTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

• X-VOTER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

• NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM X-VOTER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOU.

• THIS WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY X-VOTER OR BY THIRD-PARTIES.  DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT.  ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU RFOR ANY PURPOSE.  SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVISE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.

• INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY X-VOTER AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT X-VOTER SHALL NOT BE LIABLE FOR ANY DIRECT,  INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF X-VOTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:  (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, (iii) UNAUTHORIZED ACCESS  TO OR ALTERNATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.

TRADEMARK INFORMATION

All materials on the Website (“Online Materials”), including without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by X-Voter or any other parties that have licensed their material to X-Voter.  Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners.  You may not add, delete, distort or otherwise modify the content of this website.  Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this website for other than its intended purposes is prohibited.

X-Voter services and logos, as well as product and service names, are trademarks of X-Voter.com, Inc.  All other trademarks appearing on the website are trademarks of their respective owners and our reference to them does no imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.  It is understood that X-Voter is a news and information website and service and that references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this website covers.  X-Voter will enforce its intellectual property rights to the fullest extent of the law.

If you suspect that X-Voter’s Website contents or trademarks are being misused, you should contact [email protected] as soon as possible.

NON-WAIVER

The failure of X-Voter to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision.  If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOU remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

HEADINGS FOR CONVENIENCE ONLY

The section titles in this TOU are for convenience only and have no legal or contractual effect.

VIOLATIONS

You should report any violation of this TOU to [email protected] or (817)358-8827 as soon as practicable after you become aware of it.

INDEMNIFICATION

You agree to indemnify, defend and hold X-Voter harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this TOU.

WEBSITE INPUTS AND OTHER INFORMATION PROVIDED BY YOU

Any comments or inputs by you to the “Referendum,” “Future Issues,” “Weblog,” “Forum” or any other portion of the Website, regardless of whether or not that portion of the website is available to Viewers (i.e., free access users), shall be deemed to be property of X-voter and free of any claims of proprietary or personal rights by you.  Submission to X-voter of any comment or input constitutes your agreement that all such rights are waived by you pertaining to that comment or input, and that X-voter has the right to use such information in any manner compatible with this TOU.  However, the confidentiality of such information shall be subject to the Privacy Policy of X-voter.

Any other emails, comments, materials, or letters sent by you to X-Voter regarding the website, including without limitation, questions, comments, suggestions, criticisms of X-voter, its properties or its management (“Received Materials”), shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is “not for publication” and contains “private and proprietary” information that may not be distributed.  X-Voter shall have no obligation of any kind with respect to such Received Materials and X-Voter will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction.  Furthermore, X-Voter is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to X-Voter for any purpose whatsoever, including, but not limited to, developing, manufacturing, without compensation or any other obligation to anyone, including you.

PRIVACY

You can read X-Voter’s Privacy Policy at:   x-voter.com/privacypolicy.

RESTRICTIONS ON USE

You may not use X-Voter or its content for any illegal purpose or in any manner inconsistent with this TOU.  Further, you agree to use X-Voter solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.

TERM AND TERMINATION

The terms of this TOU, as it may be modified from time to time, came into effect on March 15, 2004 and shall remain in effect until 2 years after the date on which X-voter discontinues the Service to all users thereof, unless X-voter posts earlier notice of such termination on the Website.

SEVERABILITY

If any provision of this TOU is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this TOU will remain in force.

ENTIRE AGREEMENT

This TOU, and any other terms and conditions of service on http://x-voter.com, constitute the entire Agreement between you and X-Voter, and govern your use of the Service.

REFUSAL OR DISCONTINUANCE OF SERVICE

X-Voter reserves the right to refuse or discontinue service to any user for non-compliance with this TOU.

CHOICE OF LAW AND FORUM

This TOU will be interpreted according to the laws of the State of Texas without regard to any conflicts of law provisions thereof.  Any dispute arising from the terms of this TOU or breach of the Agreement will be governed by the laws of the State of Texas and you agree to personal jurisdiction by the state and federal courts sitting in Fort Worth, Texas.  You further hereby agree to attempt to resolve any dispute with X-voter first through good faith negotiations and, failing that, hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by you against X-voter on any matters whatsoever arising out of or in any way connected with the Agreement, and agree to submit to binding arbitration conducted according to the rules common used in the State of Texas.  X-voter may bring suit directly against you for any material breach of the Agreement.