GRASSROUTES TERMS OF SERVICE
Effective Date: February 19, 2020
GrassRoutes Canvassing, LLC Terms of Service
Effective Date: August 17, 2020
Welcome to GrassRoutes Canvassing, LLC (“GrassRoutes”). Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). GrassRoutes offers cloud services to enable outreach in support of candidates, causes and organizations.
The Terms of Service (“Terms”) are a binding contract between you and GrassRoutes (“GrassRoutes,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
In order to access or use the Services, you must be either a candidate, campaign, or organization (a “Client”) that we have authorized to use the Services, or personnel or volunteers associated with a Client and authorized by that Client to use the Services (each, a “Volunteer” and together with the Client, “you” or a “user”). You and GrassRoutes may be referred to collectively as the “Parties.”
Please note the Services allow users to download a copy of the GrassRoutes software (the “Software”). These Terms also constitute a license for the use of the Software (which is deemed part of the Services), but from time to time the Software may also require a user to agree to an End User License Agreement (a “EULA”). To the extent these Terms conflict with any EULA, that EULA shall govern the use of the Software and the Terms shall govern the use of the other Services.
These Terms do not alter in any way the terms or conditions of any other agreement a user may have with GrassRoutes with respect to its Services (each, a “Related Agreement”). To the extent these Terms conflict with a Related Agreement, the terms of the Related Agreement shall control.
PLEASE NOTE THAT GRASSROUTES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABLITY, FITNESS, LAWFULNESS, OR OTHER CHARACTERISTICS OF THE SERVICES. GRASSROUTES HAS NO CONTROL OVER THE CONDUCT OF USERS AND DISCLAIMS ALL LIABILITY WITH RESPECT TO THEIR ACTIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THAT THEIR USE OF THE SERVICES COMPLIES WITH ALL LEGAL REQUIREMENTS.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF ARBITRATION. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH BELOW.
GrassRoutes reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
The Services are intended solely for persons who are at least 13 years old. By using the Services, you represent and warrant that you are at least 13 years old. If you are not 13 or older, you may not use the Services.
If you use the Services on behalf of a company, partnership, association, or other entity, you hereby represent and warrant that you have the capacity to enter into these Terms on behalf of the entity, or an authorized representative of the entity has agreed to bind the entity to these Terms.
The Services are intended solely for Clients and users who identify as politically progressive. Clients are asked to affirm a values statement that we provide to ensure the Services are being provided only to those who endorse a commitment to support progressive campaigns and candidates. Clients may not use the Services unless they have signed the values statement. GrassRoutes retains the right to terminate the Services for a Client if, in its sole discretion, GrassRoutes determines that the Client is not abiding by the values statement.
The Services are non-exclusive. Therefore, more than one Client participating in the same election may use the Services.
Explanation of Services and Relevant Definitions
GrassRoutes is a software as a subscription service available to Clients. The Services will automate the clerical process of dissecting voter files – who votes, voter history, location of voters, etc.
Through our Services, Clients can organize their campaign endeavors by tracking canvassing efforts, maintaining a record of voter information, and reviewing notes taken by Volunteers who canvass in the community. Volunteers can use our Services to view and download a list of local addresses to visit, record notes on potential voters, and interact with Clients.
GrassRoutes hereby grants you permission to use the Services and, if you are a registered user, permission to access and use those aspects of the Services that are offered to registered users, provided your use is in compliance with these Terms. You further specifically agree that you use will adhere to the following restrictions and obligations:
You may only use the Services for use within your campaign. You may not transfer your access to others, or allow others to access the Services through your own access. You also may not use any information received in connection with use of the Services for commercial purposes or in any other way inconsistent with the Services (including in any way that violates any restriction regarding the use of information that we provide to the Client in writing).
You may only use the Services for lawful activity. In addition, you may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology.
You shall not copy, rip, or capture any content encountered on the Services. Except as authorized through the Services, you may not copy, rip, or capture any content encountered on the Services. This includes bulk copying or "scraping" any portion of the website content using a bot or other tool.
You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers.
You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else (including GrassRoutes).
You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
You may only upload to be used with the Services, or otherwise provide to GrassRoutes, information that you have a right to use and disclose. Every Client and User hereby represents and warrants that they have the right to use and disclose information they provide to GrassRoutes, including but not limited to, (A) the right to use that information with the Services, and (B) the right to use additional voter files or voter information furnished by the Client or User.
You must register on our website or in our application in order to use certain of the Services, such as our canvassing tools. You will be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You can select any username you like for your account, except that your user name cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. You understand that certain users may have access that is limited to certain of the Services, and that you will not attempt to access Services to which you have not been granted access by a Client.
If you would like us to terminate your account, please contact us at firstname.lastname@example.org. Upon receipt of your request, and except as set forth below, we will remove your account and your associated information from the Services within a reasonable time period. Please note that any information you have submitted to areas of the Services (such as voter information) may not be removeable. If we intend to remove your account, we will try to provide advance notice to you prior to our removal of your account so that you are able to retrieve any important User Content you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if the Client with which a user is associated desires to retain that information, or if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of GrassRoutes or a Client. You may not transfer your account to anyone else without our prior written permission.
You are responsible for maintaining the confidentiality of User IDs and passwords and ensuring that use of the Services complies with the terms of this Agreement. You will prevent unauthorized use of the Services and will promptly terminate any unauthorized use of the Services after you become aware of any unauthorized use.
GrassRoutes Content. The materials displayed or performed or available on or through the Services and all data provided or made available by or on behalf of GrassRoutes to you, including, but not limited to, text, graphics, data, articles, photos, images, and illustrations (all of the foregoing except User Content, the “GrassRoutes Content”), are protected by copyright and/or other intellectual property laws.
Further, you acknowledge that as between you and GrassRoutes, the Services and GrassRoutes Content, including all associated intellectual property rights except the Public Data, are the exclusive property of GrassRoutes. “Public Data” are data owned by federal, state, municipal, local, or other government entities. For example, voter registration information received from the relevant Secretary of State’s office, is Public Data. The GrassRoutes Content is licensed, not sold, and GrassRoutes retains and reserves all rights in GrassRoutes Content not expressly granted in this Agreement.
Conditioned upon your compliance with these Terms, GrassRoutes grants you a personal, limited, non-exclusive, non-transferable, revocable license, to (i) access, view, and use the Services solely for your use as or in connection with your status as a Volunteer for a Client and (ii) access and view any GrassRoutes Content to which you are permitted access by GrassRoutes and a Client. You have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GrassRoutes or its licensors, except for the licenses and rights expressly granted in these Terms.
Data Restrictions. You agree to access GrassRoutes Content only in the United States or Territory thereof. GrassRoutes Content includes Public Data which may be subject to additional restrictions under federal or state law, such as restrictions included in Schedule A. You are responsible for understanding and abiding by those restrictions and ensuring that your receipt and use of GrassRoutes Content is allowed under applicable law. For example, if you seek voter file data from Virginia, you must be authorized under Virginia law to receive a copy of the Virginia voter file and you agree to only use and further share the Virginia voter file as authorized by the Code of Virginia. If you seek voter file data from California, you must agree to sign the certifications required by the Secretary of State of California for use of the California state voter registration database information; otherwise, access to California voter file data sought by you shall be provided only upon approval of the Secretary of State of California.
Unauthorized Purposes. You will not and will not attempt to (and will not allow others to) use the GrassRoutes Content (i) for any illegal purpose, (ii) to intentionally identify, locate, or contact individuals that you know are celebrities, politicians, or other public figures, (iii) for any purpose other than legitimate political and electoral purposes such as voter registration, political voter contact, fundraising, issue advocacy, or political polling and research purposes, and as permitted by laws and regulations applicable to Public Data (iv) for any commercial purpose, which includes any use as a factor in establishing an individual’s creditworthiness or eligibility for credit or insurance, or employment, (v) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority; or (vi) in intentionally soliciting survivors of deceased persons in that capacity.
Communications. All marketing efforts, solicitations, advertising copy and other external communications, in each case, derived either in whole or in part from GrassRoutes Content shall (i) not intentionally contain any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation to the extent either is GrassRoutes Content (ii) not contain any reference to the source of such recipient’s information to the extent it is GrassRoutes or GrassRoutes Content’s data vendor(s) (iii) be designed such that the recipient of such communication cannot determine that state title or registration information was used as an information source or that GrassRoutes provided GrassRoutes Content to you; and (iv) within a reasonable amount of time, be in compliance with all regulations, rules, and policies adopted and communicated by GrassRoutes to you from time to time. You shall not request data from GrassRoutes about individuals who have opted-out of receiving communications or marketing materials from you or GrassRoutes. You acknowledge and that GrassRoutes has not disclosed to you the identity of any specific data vendor(s) to GrassRoutes; and you represent and warrant that you do not otherwise know the identity of any specific data we provide to you.
User Content. We may, at our sole discretion, permit you to post, upload, publish, submit or transmit content, including, but not limited to information pertaining to voters (“User Content”). By submitting any User Content on or through the Services, you grant to GrassRoutes a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, stream, broadcast, access, and otherwise exploit User Content, in any media, in order to operate, promote, improve, or market the Services. In addition, to the extent that GrassRoutes de-identifies and aggregates any User Content, you agree that the derived data is no longer User Content, and is thus owned by GrassRoutes.
You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to GrassRoutes the license above.
Safeguards. You are fully responsible for collection, processing, storage, disclosure, use of, and access to GrassRoutes Content in your possession and control. You shall implement and maintain administrative, physical and technical safeguards (“Safeguards”) to protect your systems from attacks and any unauthorized intrusions and prevent any unauthorized collection, use or disclosure of or access to GrassRoutes Content. Such Safeguards shall include a comprehensive, written information security program and practices that meet applicable industry standards, and any other applicable state and federal laws, rules and regulations. Specifically, such information security program will include, without limitation, (i) reasonable precautions taken with respect to the employment of and access given to your personnel; and (ii) an appropriate network security program, which shall include appropriate access controls and data integrity controls, as well as appropriate corrective action and incident response plans.
Security Measures. You will use industry standard security measures to prevent unauthorized access to GrassRoutes Content, including access by viruses, worms, or any other harmful code or material. All your end user devices containing GrassRoutes Content shall be configured with at-rest encryption and be enabled with password protection. You shall enable encryption on all network communication. You shall not utilize removable devices (i.e. thumb drives) to store GrassRoutes Content unless such removable media is encryption-enabled. In the instance you are unable to implement the aforementioned security measures, you shall consult with the technical staff of GrassRoutes for alternative arrangements to prevent unauthorized use of GrassRoutes Content.
Security Incidents. You shall immediately notify GrassRoutes of any of the following if they are reasonably determined to potentially impact GrassRoutes Content: (a) material vulnerabilities revealed by any audit; (b) any actual, probable or reasonably suspected attacks on your systems, hardware, and infrastructure (“Provider Systems”), including denial of service attacks or unauthorized intrusions of your systems; (c) any unauthorized access to or acquisition, use, loss, destruction, alteration, compromise or disclosure of any GrassRoutes Content or any reasonable suspicion, threat or indicator thereof or any unauthorized access to or acquisition, use, loss, destruction, compromise or disclosure of any GrassRoutes Content or any reasonable suspicion, threat or indicator thereof (“Security Incident”). You shall (A) promptly investigate any Security Incident, identify the impact of the Security Incident, take commercially reasonable actions to mitigate the effects of the Security Incident and assist GrassRoutes in taking any other action GrassRoutes deems necessary regarding the Security Incident and any dispute, inquiry or claim that concerns the Security Incident; (B) assist GrassRoutes in timely providing any notifications to individuals affected by the Security Incident, including those legally required; and (C) provide GrassRoutes with assurance satisfactory to GrassRoutes that such Security Incident or potential Security Incident will not recur.
Payment and Billing Information. By providing a credit card or other payment method for the purchase of our Services, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we (or our third-party payment processor) encounter in order to proceed with your Order. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
Pricing and Availability. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Products or services are subject to availability, and we reserve the right to cancel all or part of the Services and to discontinue making certain Services available without prior notice.
Suspension of Service. If your account is ten (10) days or more overdue, in addition to any of our other rights or remedies, GrassRoutes reserves the right to suspend your access to the Services without liability to you until those amounts are paid in full.
Cancellations and Refunds. The Services will be available on a monthly basis, not necessarily aligning with calendar months (each, a “Monthly Term”). For example, if a Client begins using the Services on February 15, the Monthly Term will end on March 14 at 11:59PM EST, and the next Monthly Term will begin on March 15 at 12:00AM EST. Clients will be charged on the first day of each Monthly Term, and Monthly Terms will renew automatically. Clients may cancel their subscription at any time. Once a Client cancels the Services, GrassRoutes will no longer charge the Client. GrassRoutes will not issue refunds, even if a Client cancels the Services during a Monthly Term.
Confidential Information. The Parties may exchange Confidential Information. As used in this Agreement, the Parties receiving and disclosing Confidential Information shall be referred to as the “Recipient” and the “Owner”, respectively. “Confidential Information” means information of any kind, whether of a technical, business, financial or any other nature, disclosed in any manner, whether verbally, electronically, visually or in a written or other tangible form, which is either identified as confidential or which should be reasonably understood to be confidential in nature with respect to the Owner, an affiliate or a third party. For the avoidance of doubt, Confidential Information of GrassRoutes includes the GrassRoutes Content. Confidential Information does not include any information that (a) is now or subsequently becomes publicly available without breach of this Agreement; (b) can be demonstrated to have been lawfully known to the Recipient at the time of its receipt from the Owner; (c) is rightfully received by the Recipient from a third-party not subject to a confidentiality obligation; (d) can be shown by documentation to have been independently developed by the Recipient without benefit of the Confidential Information; (e) is User Content, provided the origin of the data is not identified and cannot be reasonably inferred on disclosure; or (f) the existence of this Agreement or the fact that you are using the GrassRoutes Content.
Recipient Obligations. The Recipient shall protect the Owner’s Confidential Information by using at least the same degree of care that the Recipient uses to prevent the unauthorized use, dissemination, publication, or disclosure of its own Confidential Information, but not less than a reasonable degree of care. Except as otherwise specified herein, the Recipient shall not disclose Owner’s Confidential Information without the Owner’s prior written consent. The Recipient shall further restrict the possession, knowledge and use of the Confidential Information to its employees, representatives, and agents whose duties justify access to such Confidential Information and who are bound by non-disclosure obligations consistent with and at least as protective as this Agreement.
Disclosure. Each Party may disclose Confidential Information to the extent necessary pursuant to applicable law, regulation, court order, or other legal process, provided the Recipient has given the Owner prior written notice of such required disclosure, to the extent legally permitted, in order that the Owner may contest such required disclosure at the Owner’s expense. The Recipient shall immediately notify the Owner of any unauthorized disclosure of the Owner’s Confidential Information and, in connection with such disclosure, will provide reasonable cooperation at Recipient’s expense in any proceeding necessary to protect the Owner’s rights with respect to the Confidential Information.
Ownership. The Owner retains all right, title and interest in and to its Confidential Information, and the Recipient shall have no rights, by license or otherwise, except as expressly provided herein.
Remedies. The Parties acknowledge that disclosure or use of Confidential Information in violation of this Agreement could cause irreparable harm to the Owner for which monetary damages may be difficult to ascertain, or are an inadequate remedy. Therefore, the Owner shall have the right to seek injunctive relief for any violation of this Agreement. The Recipient shall pay the Owner its reasonable attorney’s fees in the event it prevails in any action to enforce this Agreement against the Recipient.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may provide Feedback by sending it to email@example.com. You agree that GrassRoutes has the right, but not the obligation, to use any Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.
Notice of Copyright Infringement
GrassRoutes respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at GrassRoutes will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.
If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):
the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where the material may be found;
your mailing address, telephone number, and, if available, email address;
a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
your full legal name and your electronic or physical signature.
You may deliver this notice, with all items completed, to us, as follows:
129 Franklin St. #430
Cambridge, MA, 02139
Upon receipt of the Notice as described above, GrassRoutes will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
Term and Termination
Termination for Cause. GrassRoutes may immediately and without notice terminate these Terms and disable access to the Services if GrassRoutes determines, in its sole discretion, that (a) you or a Client for which you are a Volunteer has materially breached these Terms; (b) you or a Client for which you are a Volunteer has violated applicable laws, regulations or third party rights; (c) GrassRoutes believes, in good faith, that the action is needed to protect the safety or property of other users, GrassRoutes, or third parties; or (d) GrassRoutes has determined, in its sole discretion, that you are not abiding by the values statement (“Termination for Cause”).
Upon Termination for Cause, you will immediately cease any and all use of and access to your account.
Termination Not for Cause. Either GrassRoutes or the Client may terminate the Services at any time and for any reason, upon written notice to the other party (“Termination Not for Cause”).
Upon Termination Not for Cause, you will retain all use of and access to the Services and your account until the end of the current Monthly Term. If you wish to continue using the Services beyond the expiration of the current Monthly Term, you must renew the Services.
Effect of Termination. Upon revocation of the GrassRoutes Content license, or expiration or termination of this Agreement, you shall (i) use reasonable efforts to ensure that all GrassRoutes Content is deleted from your and each user’s systems; and (ii) if requested by GrassRoutes, certify in writing to GrassRoutes that you and each user have used reasonable efforts to cease use of and delete all GrassRoutes Content in your and their possession.
Survival. Upon any termination, provisions that, by their nature, should survive termination of these Terms shall survive termination, including those related to licenses, rights, obligations, disclaimers, confidentiality and limitations of liability. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Import and Export Compliance
You acknowledge that GrassRoutes Content may be subject to the import and/or export control laws of the United States and one or more countries and, accordingly, their import, export, re-export, and transfer may be restricted or prohibited. You agree to strictly comply with all such laws and not to directly or indirectly import, export, re-export, transfer, or cause to be imported, exported, re-exported, or transferred, any such GrassRoutes Content to any destination, entity, or persons prohibited or restricted under any law, unless you have first obtained prior written consent of GrassRoutes and any applicable governmental entity, either in writing or as provided by applicable law, as the same may be amended from time to time.
Representation and Warranty
Each Party represents, warrants and covenants that (a) it has all necessary right, power and authority to enter into and perform its obligations and license grants under this Agreement; and (b) with respect to the performance of its obligations, license grants, and the exercise of its rights under this Agreement, it has complied and will comply with all applicable laws, including privacy laws, now or hereafter in effect. You represent, warrant and covenant that you and your users have (a) provided all notices and obtained all consents required under applicable law in order to provide GrassRoutes with the license to User Content, and that you have the authority to license to GrassRoutes the User Content provided hereby; (b) you and your users’ use of GrassRoutes Content will comply with all existing and new laws, rules, and regulations, as amended from time to time, which may include, without limitation, the National Do Not Call Registry, the Telephone Consumer Protection Act (47 U.S.C. § 227), and the CAN-SPAM Act (16 CFR Part 316), or any similar state law; and (c) your use of GrassRoutes Content does not violate your own policies as communicated to the individuals you contact or more publicly.
Third Party Content
By using the Services, GrassRoutes may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. One such example is our third party payment processor. You hereby acknowledge that GrassRoutes does not control any third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. GrassRoutes does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by the third-party websites and services. GrassRoutes disclaims any and all responsibility or liability for any harm resulting from your use of third-party websites and services, and you hereby irrevocably waive any claim against GrassRoutes with respect to the content or operation of any third-party websites and services.
Apple App Store Terms
These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
Both you and GrassRoutes acknowledge that the Terms are concluded between you and GrassRoutes only, and not with Apple, and that Apple is not responsible for the Application or the GrassRoutes Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that GrassRoutes, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, GrassRoutes, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and GrassRoutes acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and GrassRoutes acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
Disclaimer of Warranties
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES, DATAAND GRASSROUTES CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE AND GRASSROUTES CANVASSING, LLC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS MAKES NO REPRESENTATIONS AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, QUALITY, SUITABILITY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. GRASSROUTES, LLC AND ITS THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, ERRORS, OMISSIONS, LOSS OF TRANSMITTED INFORMATION, VIRUSES, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTORNIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE. REASONABLE CONTROL OF ORGANIZER. AND WILL NOT HAVE ANY OBLIGATION OR BE LIABLE FOR ANY: (A) INACCURACY, DEFICIENCY, BUG, ERROR, OMISSION, UNAVAILABILITY, INTERRUPTIONS, INSECURITY, OR OTHER DEFECT IN SUCH DATA, SERVICES OR ANYTHING ELSE PROVIDED TO YOU PURSUANT TO THIS AGREEMENT, OR HARM THAT RESULTS FROM USE OF ANYTHING PROVIDED TO YOU HEREUNDER; (B) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; OR (C) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. YOU AGREE THAT YOU ARE NOT RELYING ON ANY PUBLIC COMMENTS OR STATEMENTS REGARDING THE GRASSROUTES SERVICE OR GRASSROUTES CONTENT.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GRASSROUTES OR ITS LICENSORS OR SUPPLIERS OR DATA VENDORS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. ,IN NO EVENT SHALL GRASSROUTE’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE GRASSROUTES CONTENT, EXCEED THE TOTAL AMOUNT PAID TO GRASSROUTES BY YOU UNDER THE TERMS OF THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If users interact with each other, consider including the following language: GrassRoutes hereby expressly disclaims, and you hereby expressly release GrassRoutes, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between you and any other users or third parties.
You shall defend GrassRoutes, its data vendor(s), and GrassRoutes’s directors, officers, and employees, against any and all actions, demands, claims and suits (including without limitation product liability claims) (collectively, “Claims”), and indemnify and hold GrassRoutes and its data vendor(s) harmless from any and all liabilities, damages and costs (including without limitation reasonable attorneys' fees) (collectively, “Losses”) to the extent arising out of your use, and/or the use of your users, of the GrassRoutes Content in any manner that is inconsistent with this Agreement. You shall defend GrassRoutes, its data vendor(s), and GrassRoutes’s directors, officers, and employees, against any and all Claims, and indemnify and hold GrassRoutes and its data vendor(s) harmless from any and all Losses, in each case, to the extent arising out of any failure by you or your users to comply with any applicable laws, including privacy laws, or a Claim arising from your procedures or from fraud, gross negligence, or willful misconduct of your officers, employees, users or agents. In the event GrassRoutes seeks indemnification or defense from you under this provision, GrassRoutes will promptly notify you in writing of the claim(s) brought against GrassRoutes for which it seeks indemnification or defense. GrassRoutes and its data vendor(s) shall not be liable for, and you agree not to sue for, any claim relating to GrassRoutes or its data vendor(s) procuring, compiling, collecting, or interpreting GrassRoutes Content or any claim relating to GrassRoutes (except as otherwise expressly provided in this Agreement regarding GrassRoutes Content or its data vendor(s) reporting, communicating, or delivering GrassRoutes Content.)
GrassRoutes reserves the right, at its option and sole discretion, to assume full control of the defense of such Claims with legal counsel of its choice. For purposes of indemnification, you may not enter into any third party agreement, which would, in any manner whatsoever, affect the rights of GrassRoutes, constitute an admission of fault by GrassRoutes or bind GrassRoutes in any manner, without the prior written consent of GrassRoutes. In the event GrassRoutes assumes control of the defense of such Claim, GrassRoutes shall not settle any such claim requiring payment from you without your prior written approval.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by GrassRoutes (a) via email (in each case to the address that you provided) or (b) by posting to our website or Application.
The failure of GrassRoutes to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without GrassRoutes’ prior written consent. Any attempt by you to assign or transfer these Terms without that consent will be null and of no effect. GrassRoutes may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Governing law with Arbitration
These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Suffolk, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Suffolk County, Massachusetts. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts. Any action based on, relating to, or alleging breach of these Terms must be brought in a state or federal court in Suffolk County, Massachusetts. Both parties agree to submit to the exclusive personal jurisdiction and venue of those courts.
These Terms constitute the entire agreement between you and GrassRoutes regarding your use of the Services, and supersede all prior written or oral agreements.
If you have any questions about the Services, please do not hesitate to contact us at firstname.lastname@example.org.
LAWS CONCERNING THE USE OF VOTER DATA
For purposes of this Schedule A, a “state voter file” is any information or data derived from state or local government records relating to any individual listed on that state’s voter registration list(s), roll(s), record(s), file(s) or other compilation, including information or data or GrassRoutes Content received from GrassRoutes. The statutory and regulatory language and citations included below are for your convenience and may change. Any change in state law does not relieve you of the obligations to comply with any of the restrictions set out below, or with any later enacted changes in state law. Therefore, you hereby guarantee that you will comply with all applicable laws concerning the use of the voter data, including the following:
ARIZONA: You and each user agree to use the Arizona voter file only for political or political parties activities or for a political campaign or an election purposes and not for any commercial purpose, and will not distribute or post any portion of the Arizona voter file through the internet. “Precinct registers and other lists and information derived from registration forms may be used only for purposes relating to a political or political party activity, a political campaign or an election, for revising election district boundaries or for any other purpose specifically authorized by law and may not be used for a commercial purpose as defined in section 39-121.03. The sale of registers, lists and information derived from registration forms to a candidate or a registered political committee for a use specifically authorized by this subsection does not constitute use for a commercial purpose.” Ariz. Rev. Stat. § 16-168.E. “Any person in possession of a precinct register or list, in whole or part, or any reproduction of a precinct register or list, shall not permit the register or list to be used, bought, sold or otherwise transferred for any purpose except for uses otherwise authorized by this section. A person in possession of information derived from voter registration forms or precinct registers shall not distribute, post or otherwise provide access to any portion of that information through the internet except as authorized by subsection I of this section.” Ariz. Rev. Stat. § 16-168.F.
CALIFORNIA: You and each user agree to use the California voter file only for permissible election, scholarly, journalistic, or political purposes, or for governmental purposes and not for any purpose prohibited by California law, and will not make any of the California voter file information available to any other person without the prior written authorization from the Secretary of State (or appropriate county elections official). “(a) Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 6254.4 of the Government Code:… (2) Shall not be used for any personal, private, or commercial purpose, including, but not limited to: (A) The harassment of any voter or voter’s household. (B) The advertising, solicitation, sale, or marketing of products or services to any voter or voter’s household. (C) Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3). (3) Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.” Cal. Elec. Code § 2914. “Permissible uses of information obtained from a source agency shall include, but shall not be limited to, the following:(a) Using registration information for purposes of communicating with voters in connection with any election. (b) Sending communications, including but not limited to, mailings which campaign for or against any candidate or ballot measure in any election. (c) Sending communications, including but not limited to, mailings by or on behalf of any political party; provided however, that the content of such communications shall be devoted to news and opinions of candidates, elections, political party developments and related matters. (d) Sending communications, including but not limited to, mailings, incidental to the circulation or support of, or opposition to any recall, initiative, or referendum petition.(e) Sending of newsletters or bulletins by any elected public official, political party or candidate for public office. (f) Conducting any survey of voters in connection with any election campaign. (g) Conducting any survey of opinions of voters by any government agency, political party, elected official or political candidate for election or governmental purposes. (h) Conducting an audit of voter registration lists for the purpose of detecting voter registration fraud. (i) Soliciting contributions or services as part of any election campaign on behalf of any candidate for public office or any political party or in support of or opposition to any ballot measure. (j) Any official use by any local, state, or federal governmental agency.” 2 CRR 19003. “The following uses of registration information obtained from a source agency shall be deemed other than for election and governmental purposes: (a) Any communication or other use solely or partially for any commercial purpose. (b) Solicitation of contributions or services for any purpose other than on behalf of a candidate or political party or in support of or opposition to a ballot measure. (c) Conducting any survey of opinions of voters other than those permitted by Sections 19003(f) and (g).” 2 CRR § 19004. “No person who obtains registration information from a source agency shall make any such information available under any terms, in any format, or for any purpose, to any person without receiving prior written authorization from the source agency. The source agency shall issue such authorization only after the person to receive such information has executed the written agreement set forth in Section 19008.” 2 CRR § 19005.
GEORGIA: Participant agrees not to use the Georgia voter file for any commercial purposes. “It shall be the duty of the Secretary of State to furnish copies of such data as may be collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article, within the limitations provided in this article, on electronic media or computer run list or both…. Such data may not be used by any person for commercial purposes.” O.C.G.A. § 21-2-225(c).
HAWAI’I: You and each user agree to use the Hawai’i vote file for election or governmental purposes only. “Voter registration forms, the general county register, or any lists or data prepared therefrom shall be released or used for election or government purposes only, unless otherwise provided by law.” H. Admin. R. § 3-172-31.
IDAHO: You and each user agree that it will use the Idaho voter file for political purposes and not for any other solicitation or for a commercial use. “No person to whom a list of statewide electors is furnished and no person who acquires a list of statewide electors prepared from such list shall use any information contained therein for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. Provided however that any such list and label may be used for any political purpose.” Idaho Code Ann. § 34-437A(3).
ILLINOIS: You and each user agree to use the Illinois voter file only for bona fide political purposes and not for commercial solicitation or other business purposes. Customer further acknowledges that it may not acquire the list directly from the Illinois Board of Elections or from the office of a county clerk unless it is a registered political committee. “…Copies of the tapes, discs, or other electronic data shall be furnished by the county clerk to local political committees and governmental entities at their request and at a reasonable cost….The individual representing a political committee requesting copies of such tapes shall make a sworn affidavit that the information shall be used only for bona fide political purposes, including by or for candidates for office or incumbent office holders. Such tapes, discs or other electronic data shall not be used under any circumstances by any political committee or individuals for purposes of commercial solicitation or other business purposes…. Any person who violates this provision shall be guilty of a Class 4 felony.” 10 ILCS § 5/4-8, 5-7 and 6-35.
INDIANA: You and each user agree not to use the Indiana voter file for any commercial purposes or to sell, loan, give away, or otherwise deliver information in the voter file to another person for a purpose other than political activities or political fundraising. “[T]he person receiving a compilation of information under this chapter may not: (1) use the compilation to solicit for the sale of merchandise, goods, services, or subscriptions; or (2) sell, loan, give away, or otherwise deliver the information obtained by the request to any other person (as defined in IC 5-14-3-2); for a purpose other than political activities or political fundraising activities.” Ind. Code § 3-7-26.4-10.
IOWA: You and each user agree to use the Iowa voter file only for a genuine political purpose or for bona fide political research and not for any commercial purpose, and shall not resell or redistribute the voter file for any other purposes without the written permission of the Iowa Secretary of State. “A person commits the crime of election misconduct in the second degree if the person willfully commits any of the following acts: … c. Miscellaneous offenses. Uses voter registration information, including resale or redistribution of the voter registration list without the written permission of the state registrar, for purposes other than those permitted by section 48A.39.” Iowa Code § 39A.3.1. “Information about individual registrants obtained from voter registration records shall be used only to request the registrant’s vote at an election, or for another genuine political purpose, or for a bona fide official purpose by an elected official, or for bona fide political research, but shall not be used for any commercial purposes.” Iowa Code § 48A.39
KANSAS: You and each user agree not to use the Kansas voter file for any commercial purpose. “Use of voter registration lists for commercial purposes is knowingly selling, giving or receiving the information on or derived from voter registration lists with the intent to use such list or information for any commercial purpose. Use of voter registration lists for commercial purposes is a class C misdemeanor. For purposes of this section, compiling, using, giving, receiving, selling or purchasing the information on or derived from voter registration lists, solely for political campaign or election purposes, shall not constitute a commercial use of voter registration lists.” Kan. Stat. Ann. § 25-2320a
KENTUCKY: You and each user agree to use the Kentucky voter file only for scholarly, journalistic, political (including political fundraising), or governmental purposes and not for any commercial use. “…. The board shall not furnish precinct lists to persons who intend to use the lists for commercial use.” Ky. Rev. Stat. Ann. § 117.025(3). “Commercial use, as that term is used in KRS 117.025(3)(h), shall be interpreted by the Board of Elections to mean: (1) The use by the requester of the voter registration list, or any part thereof, in any form, for profit, the solicitation of donations, or for the sale or advertisement of any good or service; or (2) The transfer of a voter registration list by the requester for a profit to any other person whom the requester knew or should have known intended to use the voter registration list, or any part thereof, in any form, for profit, the solicitation of donations, or for the sale or advertisement of a good or service.” 1 K.A.R. § 3:010.3. “Commercial use shall not include use of a voter registration list, or any part thereof, for the following purposes: (1) Use for scholarly, journalistic, political (including political fund raising), or governmental purposes; (2) Use for publication, broadcast, or related use by a newspaper, magazine, radio station, television station, or other news medium in its news or other publications or broadcasts; or (3) Use in a publication provided or sold to duly qualified candidates; political party committees, or officials thereof; or any committee that advocates or opposes an amendment or public question.” 1 K.A.R. § 3:010.4.
MAINE: You and each user agree to use the Maine voter file only for purposes directly related to activities of a political party, get out the vote efforts directly related to a campaign, or other activities directly related to a campaign. “… Any person obtaining, either directly or indirectly, information from the central voter registration system under this paragraph may not sell, distribute or use the data for any purpose that is not directly related to activities of a political party, "get out the vote" efforts directly related to a campaign or other activities directly related to a campaign. This paragraph does not prohibit political parties, party committees, candidate committees, political action committees or any other organizations that have purchased information from the central voter registration system from providing access to such information to their members for purposes directly related to party activities, "get out the vote" efforts or a campaign. For purposes of this paragraph, "campaign" has the same meaning as in section 1052, subsection 1.” Me. Stat. tit 21-A, §196-A.1.B.
MARYLAND: You and each user agree to use the Maryland voter file only for purposes related to the electoral process and not for any other purpose including a commercial solicitation. “A person who knowingly allows a list of registered voters, under the person's control, to be used for any purpose not related to the electoral process is guilty of a misdemeanor and, on conviction, is subject to the penalties under Title 16 of this article.” Md. Elec. Code § 3-506.(c).
MINNESOTA: You and each user agree to use the Minnesota voter file only for purposes related to elections, political activities or law enforcement. “An individual who inspects or acquires a copy of a public information list may not use any information contained in it for purposes unrelated to elections, political activities, or law enforcement.” Minn. Stat. § 201.091, Subd. 5.
MISSISSIPPI: You and each user agree not to use the Mississippi voter file to mail or deliver any solicitation for money, services or anything of value. “Any voter registration data provided shall not be used for the purpose of mailing or delivering any solicitation for money, services, or anything of value. This policy is used to protect voters from unwanted commercial solicitations.” Miss. Admin. Code § 1-10-7.2.H.
MISSOURI: You and each user agree not to use the Missouri voter file for commercial purposes. “… Any information contained in any state or local voter registration system, limited to the master voter registration list or any other list generated from the information, subject to chapter 610, shall not be used for commercial purposes; provided, however, that the information may be used for election, for candidates, or for ballot measures, furnished at a reasonable fee. Violation of this section shall be a class B misdemeanor. For purposes of this section, “commercial purposes” means the use of a public record for the purpose of sale or resale or for the purpose of producing a document containing all or part of the copy, printout, or photograph for sale or the obtaining of names and addresses from public records for the purposes of solicitation or the sale of names and addresses to another for the purposes of solicitation or for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct or indirect use of the public record.” Mo. Rev. Stat. § 115.158.6.
MONTANA: You and each user agree to use the Montana voter file only for noncommercial uses. “… [U]pon request, the secretary of state shall furnish to any individual, for noncommercial use, available extracts and reports from the statewide voter registration system….” Mont. Code Ann. § 13-2-122(1).
NEBRASKA: You and each user agree to use the Nebraska voter file only for purposes related to elections, political activities, or voter registration and not for commercial purposes. ““…Lists shall be used solely for purposes related to elections, political activities, voter registration, law enforcement, or jury selection. Lists shall not be used for commercial purposes.” Neb. Rev. Stat. § 32-330(2).
NEW HAMPSHIRE: You and each user agree not to use the New Hampshire voter file for commercial purposes. “No person shall use or permit the use of checklist or voter information provided by any supervisors of the checklist or city or town clerk or by the secretary of state for commercial purposes. Whoever knowingly violates any of the provisions of this section shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person….” N.H. Rev. Stat. Ann. § 664:31.VI. “‘Commercial purposes’ means knowingly using, selling, giving, or receiving the checklist information for the purpose of selling or offering for sale any property or service unrelated to an election or political campaign.” N.H. Rev. Stat. Ann. § 664:31.I(b).
NEW JERSEY: You and each user agree not to use the New Jersey voter file list for commercial or charitable solicitation. “No person shall use voter registration lists or copies thereof prepared pursuant to this section as a basis for commercial or charitable solicitation of the voters listed thereon. Any person making such use of such lists or copies thereof shall be a disorderly person, and shall be punished by a fine not exceeding $500.00.” N.J. Rev. Stat. § 19:31-18.c.
NEW MEXICO: You and each user agree to use the New Mexico voter file only for governmental or election and election campaign purposes only. “… [T]he voter data, mailing labels and special voter lists shall be used for governmental or election and election campaign purposes only and shall not be made available or used for unlawful purposes.” N.M. Stat. § 1-4-5.5.C. “As used in this section: (1) ‘election campaign purposes’ means relating in any way to a campaign in an election conducted by a federal, state or local government; (2) ‘governmental purposes’ means noncommercial purposes relating in any way to the structure, operation or decision-making of a federal, state or local government; (3) ‘mailing labels’ means prepared mailing labels of selected voters arranged in the order in which requested and providing only the name and address of the voter; (4) ‘special voter list’ means a prepared list of selected voters arranged in the order in which requested; and (5) ‘voter data’ means selected information derived from the voter file.” N.M. Stat. § 1-4-5.5.E.
NEW YORK: You and each user agree not to use the New York voter file for non-election purposes. “…. The information contained in the statewide voter registration list shall not be used for non-election purposes.” N.Y. Elec. Law § 3-103.5.
NORTH DAKOTA: You and each user agree to use the North Dakota voter file only for election-related purposes. “Except as otherwise provided by law, a voter list or a report generated from the central voter file may be made available to a candidate, political party, or a political committee for election related purposes. Any information obtained by a candidate, political party, or political committee for election-related purposes from a list or report generated from the central voter file may not be sold or distributed for a purpose that is not election-related….” N.D. Cent. Code § 16.1-02.15.
OREGON: You and each user agrees not to use the Oregon voter file for commercial purposes. “(1) Except as provided in subsection (2) of this section, no person to whom a list of electors is made available or supplied…shall use any information in the list for commercial purposes. (2) A person shall not be considered to use for commercial purposes any information contained in a list of electors…if the person obtains the list of electors for the purposes of resale to candidates or political committees for political purposes only.” Or. Rev. Stat. § 247.955.
PENNSYLVANIA: You and each user agree not to use the Pennsylvania voter file for purposes unrelated to elections, political activities or law enforcement. “An individual who inspects or acquires a copy of a public information list may not use any information contained in it for purposes unrelated to elections, political activities or law enforcement.” 25 Pa. Cons. Stat. § 1404(c)(2).
SOUTH CAROLINA: You and each user agree not to use the South Carolina voter file for commercial solicitation. “A person or private entity shall not knowingly obtain or use personal information obtained from a state agency, a local government, or other political subdivision of the State for commercial solicitation directed to any person in this State.” S.C. Code Ann. § 30-2-50(A).
SOUTH DAKOTA: You and each user agree to use the South Dakota voter file for election purposes only and not for any commercial purpose, and agrees not to place the South Dakota voter file on the internet for unrestricted access. S. D. Codified Laws § 12-4-41.
TENNESSEE: You and each user agree to use the Tennessee voter file for political purposes only. “…The list shall be available to any person who certifies on a form provided by the state election commission that such list will be used for political purposes.” Tenn. Code Ann. § 2-2-138(b)(1).
TEXAS: You and each user agree not to use the Texas voter file in connection with advertising or promoting commercial products or services. “A person commits an offense if the person uses information in connection with advertising or promoting commercial products or services that the person knows was obtained under Section 18.066.” Tex. Elec. Code § 18.067.
UTAH: You and each user agree not obtain or use the month or year of birth of a registered voter derived from the Utah voter file in a manner not permitted by law. “A person is guilty of a class A misdemeanor if the person: (i) obtains the month or year of birth of a registered voter from the list of registered voters under false pretenses; (ii) uses or provides the month or year of birth of a registered voter that is obtained from the list of registered voters, in a manner that is not permitted by law.” Utah Code § 20A-2-104(4)(e).
VERMONT: You and each user agree not to use the Vermont voter file for commercial purpose to disclose it to any foreign government or to a federal agency or commission, or to a person acting on behalf of any on those for a purpose prohibited under subdivision (b)(2) of § 2154 of title 7 of the Vermont Statutes. “Any person wishing to obtain a copy of all of the statewide voter checklist must swear or affirm, under penalty of perjury pursuant to 13 V.S.A. chapter 65, that the person will not: (A) use the checklist for commercial purposes; or (B) knowingly disclose the checklist to any foreign government or to a federal agency or commission or to a person acting on behalf of a foreign government or of such a federal entity in circumvention of the prohibited purposes for using the checklist set forth in subdivision (b)(2) of this section.” Vt. Stat. Ann. tit. 7, § 2154(c)(1). “A public agency as defined in 1 V.S.A. § 317 and any officer, employee, agent, or independent contractor of a public agency shall not knowingly disclose a copy of all of the statewide voter checklist, a municipality’s portion of the statewide voter checklist, or any other municipal voter checklist to any foreign government or to a federal agency or commission or to a person acting on behalf of a foreign government or of such a federal entity for the purpose of: (A) registration of a voter based on his or her information maintained in the checklist; (B) publicly disclosing a voter’s information maintained in the checklist; or (C) comparing a voter’s information maintained in the checklist to personally identifying information contained in other federal or state databases. Vt. Stat. Ann. tit. 7, § 2154(b)(2).
VIRGINIA: You and each user represent and warrant that it is a person authorized by Virginia law to receive a copy of the Virginia voter file, and you and each user agree to only use the Virginia voter file for purposes prescribed under Virginia law and for no other use, and you and each user will not permit the use or copying of the Virginia voter file by any person not authorized under Virginia law to obtain them. “The Department of Elections shall provide, at a reasonable price, lists of registered voters for their districts to (i) courts of the Commonwealth and the United States for jury selection purposes, (ii) candidates for election or political party nomination to further their candidacy, (iii) political party committees or officials thereof for political purposes only, (iv) political action committees that have filed a current statement of organization with the Department of Elections pursuant to § 24.2-949.2, or with the Federal Elections Commission pursuant to federal law, for political purposes only, (v) incumbent officeholders to report to their constituents, (vi) nonprofit organizations that promote voter participation and registration for that purpose only, and (vii) commissioners of the revenue, as defined in § 58.1-3100, and treasurers, as defined in § 58.1-3123, for tax assessment, collection, and enforcement purposes. The lists shall be furnished to no one else and used for no other purpose….” Va. Code Ann. § 14.2-405.A. “The Department of Elections shall furnish, at a reasonable price, lists of persons who voted at any primary, special, or general election held in the four preceding years to (i) candidates for election or political party nomination to further their candidacy, (ii) political party committees or officials thereof for political purposes only, (iii) political action committees that have filed a current statement of organization with the Department of Elections pursuant to § 24.2-949.2 or with the Federal Elections Commission pursuant to federal law, for political purposes only, (iv) incumbent officeholders to report to their constituents, and (v) members of the public or a nonprofit organization seeking to promote voter participation and registration by means of a communication or mailing without intimidation or pressure exerted on the recipient, for that purpose only. Such lists shall be furnished to no one else and shall be used only for campaign and political purposes and for reporting to constituents. Va. Code Ann § 24.2-406.A.
WASHINGTON: You and each user agree that it will only use the Washington voter file or a political purpose and will take reasonable precautions designed to assure that the information in the Washington voter file is used only for a political purpose. “…. The lists shall not be used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. However, the lists and labels may be used for any political purpose….” Wash. Rev. Code § 29A.08.720(2). “Any person who uses registered voter data furnished under RCW 29A.08.720 for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value is guilty of a class C felony punishable by imprisonment in a state correctional facility for a period of not more than five years or a fine of not more than ten thousand dollars or both such fine and imprisonment, and is liable to each person provided such advertisement or solicitation, without the person's consent, for the nuisance value of such person having to dispose of it, which value is herein established at five dollars for each item mailed or delivered to the person's residence. However, a person who mails or delivers any advertisement, offer, or solicitation for a political purpose is not liable under this section unless the person is liable under subsection (2) of this section.” Wash. Rev. Code § 29A.08.740(1). “Each person furnished data under RCW 29A.08.720 shall take reasonable precautions designed to assure that the data is not used for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. However, the data may be used for any political purpose.” Wash. Rev. Code § 29A.08.740(2).
WEST VIRGINIA: You and each user agree that it will not use the West Virginia voter file for any commercial or charitable solicitations or advertising, and that it will not sell or reproduce the West Virginia voter file for resale. “No voter registration lists or data files containing voter names, addresses or other information derived from voter data files obtained pursuant to the provisions of this article may be used for commercial or charitable solicitations or advertising, sold or reproduced for resale.” W.Va. Code § 3-2-30(f).
Please note that this list may be incomplete and laws concerning voter data may change. You are responsible for complying with all current laws concerning the use of voter data, not only those listed above.