MapLight.org Terms of Use

Introduction

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These Terms of Use (the “Terms”) set forth the terms and conditions that apply to your access and use of the website MapLight.org provided by MapLight, a California non-profit.

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Users Based Outside the United States

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MapLight.org is not meant for or targeted to users outside of the United States. If you are not within the United States, please do not use MapLight.org.

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Accepting the Terms

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By using (and in return for us providing) the MapLight.org website, you agree to be bound by these Terms, whether you are a “Visitor” (which means that you simply browse our website) or “User” (which means you submit information, messages, or otherwise interact with the website). The term “you” or “User” refers to a Visitor or a User. The term “we” or “our” refers to MapLight. You may not use the website, and you may not accept these Terms if you are not of a legal age to form a binding contract with MapLight. If you accept these Terms, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to these Terms, please do not use the website.

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THESE TERMS CONTAIN (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE WEBSITE. BY USING THE WEBSITE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.

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Privacy and Your Personal Information

For information about MapLight’s privacy and data protection practices, please read MapLight’s Privacy Policy found here. Our Privacy Policy explains how MapLight collects, uses and shares your information that you provide when you access the website. By using the website, you consent to MapLight’s collection, use, and sharing of your information as set forth in our Privacy Policy.

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Description of the Website

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MapLight.org is an informational website containing information regarding MapLight.org and its projects. The website is provided to you by MapLight as a free website.

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Your Use of the Website

 

Your right to access and use the website is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our website for lawful, internal, and non-commercial purposes. Subject to your compliance with these Terms, MapLight hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the content provided to you as part of the website (for personal, non-commercial purposes.

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Your access and use of the website may be interrupted from time to time due to third party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance, or repair of the website. While we will make reasonable efforts to make the website available to you, we do not promise that it will be available at all times.

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You agree that the website may use your feedback, suggestions, or ideas in any way, including in future modifications of the website, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our Privacy Policy). You represent, warrant, and agree that you will not contribute any content or otherwise use the website or interact with the website in a manner that:

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a. Infringes or violates the intellectual property rights or any other rights of anyone else (including MapLight);

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b. Violates any law or regulation or these Terms;

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c. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

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d. Jeopardizes the security of MapLight;

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e. Attempts, in any manner, to obtain the account or other security information from any other individual;

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f. Violates the security of any computer network, or cracks any passwords or security encryption codes;

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g. Runs any form of auto-responder or “spam” on the website, or any processes that run or are activated while you are using the website, or that otherwise interfere with the proper working of the website (including by placing an unreasonable load on the website’s infrastructure) or that would bypass the navigational structure or presentation of the website;

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h. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the website or Content (through use of manual or automated means);

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i. Copies or stores any significant portion of the Content;

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j. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the website;

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k. Circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the website.

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If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the website.

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Electronic Notifications

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MapLight may from time to time provide automatic notifications and voluntary account-related notifications, as further explained below and subject always to our Privacy Policy.

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Rights You Grant to Us

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By submitting information, data, materials, and other content to MapLight through the website, you hereby give MapLight permission to use that content solely for the purpose of providing the website. MapLight may use and store the content, but only to provide the website to you. By submitting this content to MapLight, you represent that you are entitled to submit it to MapLight for use for this purpose.

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MapLight's Intellectual Property Rights

 

The contents of the website, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including HTML-based computer programs), and other material are protected under copyright, trademark, and other laws. The contents of the website belong or are licensed to MapLight or its software or content suppliers. MapLight grants you the right to view and use the website subject to these Terms. Any distribution, reprint or electronic reproduction of any content from the website other than as expressly permitted in these Terms and without our prior written consent, is prohibited.

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Disclaimer of Representations and Warranties

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND WEBSITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. MAPLIGHT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

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MAPLIGHT MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE OR OF THE WEBSITE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MAPLIGHT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE WEBSITE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

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Limitations on MapLight’s Liability

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MAPLIGHT SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE, YOUR USE OF THE WEBSITE OR THESE TERMS, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF MAPLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, MAPLIGHT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

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SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF MAPLIGHT SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

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Your Indemnification of MapLight

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You shall defend, indemnify, and hold harmless MapLight and its officers, directors, shareholders, and employees, from and against all claims and expenses, including, but not limited to, attorney’s fees and other legal expenses, in whole or in part arising out of or attributable to your use of the website or any breach of these Terms by you or your violation of any law or the rights of a third party when using the website.

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Ending your Relationship with MapLight (and vice versa)

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These Terms will continue to apply until terminated by either you or MapLight as set out below.

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If you want to terminate these Terms, you may do so immediately at any time by contacting MapLight. Please use the directions below to delete your personal information. Otherwise, just uninstall MapLight from your browser and stop visiting our website.

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Email privacy@maplight.org to have your personal information deleted. Upon doing so, any data in our records will be retained subject to our Privacy Policy.

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MapLight may immediately, at any time, terminate these Terms (and therefore your right to access and use the website) by notifying you (if safe to do so) by posting updates to these Terms.

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Modifications

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MapLight may modify these Terms from time to time, to reflect: (i) technological developments; (ii) changes to the website; and (iii) changes to law and regulation. Any and all changes to these Terms will be posted on the MapLight website. In addition, these Terms will always indicate the date it was last revised. These changes will not be retrospective (i.e. they will only apply from the date notified, or any later date stated in the notification). If you do not agree to the changes, you are free to exercise your right to stop using the website and terminate these Terms (as above). You are deemed to accept and agree to be bound by any changes to these Terms when you use the website after those changes are posted.

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ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

 

Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE WEBSITE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

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If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:

 

MapLight

2150 Allston Way, Ste. 320

Berkeley, CA 94704

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As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.

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BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND MAPLIGHT ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

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You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the website or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.

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If you do not want to arbitrate disputes with MapLight, and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to privacy@maplight.org within thirty (30) days of the first date you access or use the website. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

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Governing Law and Forum for Disputes

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These Terms, and your relationship with MapLight under these Terms, shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with MapLight, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case MapLight may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, MapLight is able to offer the website at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to these Terms.

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You also acknowledge and understand that, with respect to any dispute with MapLight, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the website or these Terms:

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• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

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• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

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California Consumer Rights Notice

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Under California Civil Code Section 1789.3, California users of the website receive the following specific consumer rights notice. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210 should you have any concerns with the MapLight.org website.

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Miscellaneous

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If any portion of these Terms are deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.

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You agree that if MapLight does not exercise or enforce any legal right or remedy which is contained in these Terms (or which MapLight has the benefit of under any applicable law), this will not be taken to be a formal waiver of MapLight’s rights and that those rights or remedies will still be available to MapLight.

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All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of these Terms.

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Contact Us

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MapLight welcomes comments, questions, concerns, or suggestions. Please send us feedback by:

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Emailing us at privacy@maplight.org; or

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Writing us at:

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MapLight

2150 Allston Way, Ste. 320

Berkeley, CA 94704