Terms and Conditions

Shaun Pollenz for Wake County Commissioner
https://shaunpollenz.com

By posting material to and/or communicating with other users on the site or in an Interactive Communication, you represent and warrant to us that: (a) you have all necessary rights to such material, and that the posting of such material will not infringe on any personal or proprietary rights of any third party, including its intellectual property rights; and (b) such material is not harmful, defamatory, unlawful, threatening, obscene, lewd, lascivious, harassing, and/or contrary to the principles, tenets, and mission of our organization.

We reserve the right to remove or block any and all postings and Interactive Communications, including those that we have been informed to be or those that we consider to be:

• Defamatory, libelous, slanderous or disparaging of, or insulting to, any person, group or entity; abusive or hateful; obscene, lewd, or vulgar; or contrary to, or inconsistent with, the principles, tenets, and Mission Statement of our organization;
• Postings or Interactive Communications that might be mischievous, seditious, harassing in nature or construed as stalking, or any postings that might otherwise be illegal or relate to illegal activity;
• Infringing on any third party intellectual property rights;
• Offensive to any particular political, religious, racial or social grouping whether for the purposes of espousing any particular viewpoint or otherwise;
• Seeking to directly or indirectly, subvert, promote or denigrate any political cause or grouping;
• Commercial solicitation;

Any such content or communications will be deleted and may be made available to law-enforcement. We reserve the right, in our sole discretion, but have no obligation to vary, amend or remove the campaign for any reason at any time and you agree that no liability shall attach to us as a result thereof. Any dispute arising out of or in connection with the campaign shall be dealt with in mediation or in arbitration.

Ownership in Posted Material

By uploading or communicating any material, ideas or submissions to any part of our site, or submitting any material to us in any other manner, you automatically grant (or warrant that the owner of such materials expressly granted) to us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such material, or to incorporate such material into any form, medium, or technology now known or later developed.

In addition, you warrant that all so-called ‘moral rights’ in those materials have been waived. You agree that we own any derivative works, improvements or other materials, works, ideas, intellectual property, and/or products created from, based on, or related to, our access to, or use of, any materials you provide. If on a particular site we have included an upload license, those terms should be noted as also applying, with any conflicts governed by our Terms and Conditions.

Rights in Materials

By using or accessing the site or service, you do not acquire any rights or interest in any material. The only rights you can gain are those we explicitly grant to you through these Terms and Conditions. We reserve all rights that we do not expressly grant to you. You agree not to display, use, remove, or alter our content or other information without prior written consent, except to aid in the election of Shaun Pollenz. You also agree that any use by you, or on your behalf, of our content, and the goodwill associated therewith, shall insure to our benefit.

Your use of the site is strictly and exclusively limited to personal, non-commercial use, and/or commercial use in line with campaign policies. Your use is also subject to our Intellectual Property Rights. Except as expressly authorized in these Terms and Conditions, you agree that:

• You will not reproduce, edit, modify, rent, license, sell, distribute, mirror, republish, download, transmit, or create derivative works from any material displayed on, or made available through the site, or in connection with any service we provide, in whole or in part, by any means now known or later developed, except to aid in the election of Shaun Pollenz;
• You will not modify, decompile, or reverse engineer any part of the software;
• You will not copy, post or transmit any material that you receive from, access, or retrieve from, the site or through our service, to any server, or network of computers, except to aid in the election of Shaun Pollenz;

Accuracy of Personal Information

In operating our site we seek to provide valuable information and we value accurate and honest communication.

In using the site, you agree to provide true, accurate, current and complete information about yourself in registration data or other data and material you provide. It is your responsibility to maintain the security of all passwords, user identification data, and other unique identifiers established in connection with your use of any part of the site and/or our service. As part of your use, you agree to maintain and promptly update the registration data, and any other information you provide and to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to the site, and to refuse any and all current or future access to, or use of, the site and our service. We will not be responsible or liable for such information, or any consequence resulting from such information.

Privacy

Any registration data and/or certain other information about you that we obtain from you through use of the site is subject to our Privacy Policy. For more information, see our full Privacy Policy.

Use by Minors

We are concerned about the safety and privacy of all of our site’s users, particularly children. This site is not directed to or targeted at children. We ask that parents supervise their children while visiting the site as with any site on the Internet. For this reason, parents who wish to allow their children under the age of 18 to provide personal information to our site must provide permission through sending an e-mail to the contact information listed on the site prior to any submission of personal information by such child.

A parent of any minor providing information to our site can:

• ask to review any personal information about his/her child that we may have collected at the site;
• request that we delete this information (if we still have the information in our databases); and/or
• instruct us not to collect or use his/her child’s information in the future.

If you are a parent and wish to exercise this right, simply contact us at the contact information listed on the site.  For more information, please refer to our Privacy Policy.

In the absence of parental permission, you certify by using the site or any part of our service, that you are at least 13 years of age.

Activities Concerning Third Parties On Or From The Site

Links to Third Party Sites From Our Site

From time to time, we may provide links on the site that will allow you to connect with web sites of third-parties that are not under our control. We are providing these links only as a convenience to you and consequently we assume no liability in this or any other regard. Further, there may be times while in the site that you could be directed to sites that are beyond our control. This includes links from other organizations, sponsors or volunteers that may use our logo(s) as part of an agreement with us. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.

No Warranties

By accessing and using the service available at the site, whether in the capacity of user or visitor (each ‘user’ or collectively, ‘users’ herein), you accept and agree to be bound by these Terms and Conditions in full, without limitation or qualification.

We accept no responsibility for, and we expressly disclaim any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on, or contained in, web sites linked to, or to which you are directed from, any of the sites.

You access and use such web sites, and the services provided in connection therewith, at your own risk.

We encourage you to review the terms of use and privacy policy posted on any third party web site, or to contact the operator of the web site prior to using, or providing any information on, such third party web sites.

No Endorsements

Links to other web sites do not imply an endorsement of the materials, products, content, ideas or Interactive Communications displayed on, or disseminated at or through those web sites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the material or ideas at our site. We reserve the right to disable links from third-party sites to our site at any time without prior notice.

Rules for Linking to Our Site

In certain circumstances, we may provide the option for you to post a link to our site from your website or other third party sites. We reserve the right to, at any time and without prior notice, ask you to remove the link should we determine it to have a negative effect on our website, search engine results or other negative impact on our users. You agree to remove the link immediately upon request.

Disclaimers

Your use of the site, the service, all content, all information, and all material are offered on an ‘as is’ basis, ‘with all faults,’ and ‘as available,’ without any warranties whatsoever, either express or implied, to the fullest extent permissible under applicable law.

We expressly disclaim all warranties, express or implied, relating to the site, all information, content, material, the software, and the service, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights.

We do not warrant that the functions contained in the site and/or the service will be uninterrupted or error-free; that defects or errors will be corrected promptly or at all; and/or that any of the site, information, content, material, the service (and/or any software, server, computer, hardware, or network relating to the operation, or hosting of, any of the foregoing) will be free of viruses, errors, or harmful components.

Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any communication or material posted on the site or in any forum.

We expressly disclaim any warranties, representations, or responsibility for the accuracy or completeness of any information, content, and material contained, displayed, or posted on the site or otherwise available through the site, or on sites that link to or from the site.

All such information, content and material are subject to change without notice.

We do not warrant, or make any representations with respect to, the use, or the results that may be achieved through such use, of any of the sites, any part of the service, and/or any information, content, and/or materials.

At any time and without notice, we may, for any reason whatsoever and without incurring any liability or obligation to you or any other party, terminate or suspend the display, operation and/or provision of (a) the site (or any part thereof, including any content, information, and/or material); (b) any part of the service; and/or (c) your access to the site or any part of the service.

Limitation of Liability

In no event and under no circumstances shall we be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential, punitive, or exemplary damages that result from your use of, or inability to use, our site, information, content, material, and/or the service, or any part thereof, even if we have been expressly advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.

In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, or including, but not limited to, negligence, or otherwise) exceed the amount paid by you to us, if any, for accessing or using any of the site and/or for using the service or any part thereof.

If you are dissatisfied with any aspect of the site and/or service, if you do not agree with any provision of these terms and conditions, or if you have any other dispute or claim, with or against our organization with respect to these terms of use of the site or any part of the service, then you acknowledge and agree that your sole and exclusive remedy is to discontinue accessing and/or using the site and/or the service.

Indemnity

You are entirely responsible for maintaining the confidentiality of all passwords and all accounts that you establish in conjunction with your use of our site or the service (‘your accounts’). You are solely responsible for all activities that occur under, or relating to, your passwords and your accounts, and for your use of any of our site and any part of the service.

You hereby agree to indemnify, defend, and hold us, and our affiliates, our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties’), harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of, or relating to:

• any breach by you of these Terms and Conditions;
• any unauthorized use by you of any information, content, material, our site, or any part of the service;
• your use of our site and/or any part of the service; and
• all activities relating to, or conducted under, your passwords and/or your accounts.

You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim against you or use that is subject to indemnification by you.

You agree that in the event of any unauthorized use of our site, any information, content, material, and/or any part of the service, we shall be entitled to obtain an injunction prohibiting such unauthorized use, without the necessity to post bond, in addition to any other remedies available.

General Provisions

You acknowledge and agree that the unauthorized use of our site, information, content, material, and/or any part of the service could cause irreparable harm to us and our organization or individuals that may be associated with us. Accordingly, you agree that that in the event of any unauthorized use of our site, any information, content, material, and/or any part of the service, we shall be entitled to obtain an injunction prohibiting such unauthorized use, without the necessity to post bond, in addition to any other remedies available.

The site’s Terms and Conditions, Privacy Policy, and Disclaimer shall be governed by, and construed in accordance with, the laws of North Carolina and The United States. You agree that any action at law or in equity, and/or any claim arising out of or relating to these Terms and Conditions, our site, the service, and/or your access, and/or use, of our site or the service, shall be filed and litigated only in North Carolina. You hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action or claim.

These Terms and Conditions, as may be amended by us from time to time, constitute our entire agreement with respect to your use of our the site and the service. These Terms and Conditions supersede all prior agreements, understandings and representations between us with respect to your use of the site and the service. You cannot amend or alter the terms of these Terms and Conditions.

The sections and sub-sections of ‘Ownership of Intellectual Property of This Site and Materials’, ‘No warranties’, ‘Disclaimers’, ‘Limitation of Liability’, ‘Indemnity’ and ‘General Provisions’ will survive any actual or purported termination or expiration of these Terms and Conditions and shall continue in full force and effect without limitation in time.

These Terms and Conditions are personal to you, and cannot be assigned by you. You agree not to allow any other person to access and/or use any of the site or the service unless such other person agrees to be bound all of the provisions of these Terms and Conditions. You further agree to assume all responsibility and liability arising from any third party access to, or use of, any of the site and/or the service (a) using, or under, any of your accounts, or any of your passwords; and (b) that you permit, knowing that such third party has not agreed to be bound by all of the provisions of these Terms and Conditions.

If any provision of these Terms and Conditions is finally found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law, the remaining provisions of these Terms and Conditions that can be given effect without such void or unenforceable term or provision, shall be given full effect and be binding on the parties.

Our failure to enforce strict performance of any provision of these Terms and Conditions, or to penalize you for any violation of these Terms and Conditions, or to penalize you for any further violations of any provision of these Terms and Conditions, shall not be construed as a waiver of these rights.

We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.