TERMS & CONDITIONS

Please read these Terms carefully. By accessing or using our website (www.ohiogop.org), or services linked hereto (collectively the “Site”), you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this Site.

This Site is operated by the Republican Party of Ohio (“Ohio GOP”,” “we,” “our,” or “us”). These terms and conditions apply solely to your access to, and use of, the Site, and these terms and conditions (the “Terms”) do not alter in any way the terms or conditions of any other agreement you may have with the Ohio GOP for products, services or otherwise.

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. We will let you know via email and/or a prominent notice on our Site, prior to the change becoming effective. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page. If you do not agree to any amended Terms, you should stop using the Site. Please refer to our Privacy Policy, for information on how we collect, use and disclose information, including personal information from users of our Site.

REGISTRATION DATA; ACCOUNT SECURITY. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the registration data, and any other information you provide to the Ohio GOP, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the registration data and any other information you provide to the Ohio GOP.

COPYRIGHTS AND TRADEMARKS. All content, including names, images, logos and pictures identifying services of the Ohio GOP or any of its site designs, text, graphics, interfaces, and the selection and arrangements thereof, is licensed by or is the exclusive property of the Ohio GOP protected by intellectual property rights. Any software provided through or used to operate the Site is licensed, not sold, to you by us, and such license is limited to object code only. Please note that our Site may contain software governed by the license of a third-party, and you agree to abide by the terms and conditions of the same by using the Site. Except as expressly permitted herein, you must not, nor enable any other person to, rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, translate, modify, rent, use as a service bureau, distribute copies of, adapt, create derivative works based on, or otherwise inappropriately use the Site.

Any trademark, service mark, copyright, logo, tradename, and/or the like (collectively, the “Marks”) contained in the Site, whether or not appearing in large print or with the trademark symbol, belongs exclusively to us or our licensors, and you may not use or display such Marks without our express written permission. Nothing in these Terms grants you any right to use our, or any third-party’s, Marks. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Ohio GOP or the Site.

Notwithstanding the foregoing, the Ohio GOP grants supporters a limited, revocable, non-exclusive, non-transferable license to use certain Site content, including logos and materials, solely for personal, non-commercial purposes in support of the Ohio GOP and its political activities, provided such use is not misleading and does not imply official endorsement unless expressly authorized.

FEEDBACK. You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or the Ohio GOP that are provided by you in the form of email or other submissions to the Ohio GOP, or any postings on the Site (collectively, “submissions”), are non-confidential and non-proprietary and shall become the sole property of the Ohio GOP. The Ohio GOP shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose without acknowledgment or compensation to you. By providing submissions, you represent and warrant that: (a) you own and control all of the rights to the submissions or you otherwise have the right to provide such submissions to the Site; (b) the submissions are accurate and not misleading; and (c) use and posting of the submissions you provide does not violate the Terms and will not violate any rights of or cause injury to any person or entity.

USER CONTENT. The Site and any interactive areas are private, proprietary platforms operated by the Ohio GOP to advance its organizational mission and political activities. They are not intended to be, and shall not be construed as, public forums. The Ohio GOP reserves the right to moderate, restrict, or remove User Content in its sole discretion, including content that is inconsistent with the Ohio GOP’s mission, values, or objectives. The Site may include interactive areas or services (“interactive areas”), such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Site (“User Content”). You are solely responsible for your use of such interactive areas and use them at your own risk. By using any interactive areas, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish to or through the Site any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, discriminatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, advertising, or solicitations;
• Private or personally identifying information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers, and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files; and
• User Content which violates the terms of any Ohio GOP guidelines, policies or rules posted on the Site or otherwise provided to you; and
• User Content that, in the sole judgment of the Ohio GOP, is objectionable or which restricts or inhibits any other person from using or enjoying the interactive areas or the Site, or which may expose the Ohio GOP or its users to any harm or liability of any type.

Although the Ohio GOP has no obligation to do so, it reserves the right, and has absolute discretion to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the interactive areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the interactive areas and/or the Site

The Ohio GOP has the right to cooperate fully with any law enforcement authorities or court order requesting or directing the Ohio GOP to disclose the identity or other information of anyone posting any materials on or through the Site. You waive and hold harmless the Ohio GOP and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.

INDEMNIFICATION. You agree to defend, indemnify and hold harmless the Ohio GOP, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, your use of the interactive areas, or any act or omission relating to the Site or the User Content, including without limitation any actual or threatened suit, demand or claim made against the Ohio GOP and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.

DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY THE OHIO GOP, THE SITE, AND ITS MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE OHIO GOP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. THE OHIO GOP DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE OHIO GOP IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY ACTIVITIES OR EVENTS LISTED ON THE SITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE SITE.

The Ohio GOP is not responsible for typographical errors or omissions, including those relating to pricing, text or photography. While the Ohio GOP attempts to make your access and use of the Site safe, the Ohio GOP cannot and does not represent or warrant that the Site, or the Site materials are free of viruses or other harmful components.

The Ohio GOP reserves the right to withdraw or amend the Site, and any Site materials provided on the Site, in our sole discretion, at any time, and without notice. The Ohio GOP will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Ohio GOP.

The Site may include political opinions, advocacy materials, and information regarding political activities, all of which are provided for informational purposes only.

LIMITATION OF LIABILITY. IN NO EVENT SHALL THE OHIO GOP OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE OHIO GOP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE OHIO GOP RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE OHIO GOP, 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 SITE OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE OHIO GOP FOR ACCESS TO OR USE OF THE SITE.

BY USING THE SITE, YOU AGREE THAT YOU WILL LOOK ONLY TO THE ASSETS OF THE OHIO GOP, AN UNINCORPORATED ASSOCIATION, FOR PAYMENT OF ANY OBLIGATION THAT MAY BECOME DUE FROM THE OHIO GOP IN CONNECTION WITH YOUR USE OF THE SITE. NO MEMBER, OFFICER, EMPLOYEE, OR AGENT OF THE OHIO GOP OR OF ANY COMMITTEE THEREOF SHALL BE LIABLE FOR ANY SUCH OBLIGATION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

AGREEMENT TO ARBITRATE. Any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“claim”) by either you or the Ohio GOP against the other arising from, relating to or in any way concerning the Terms, Privacy Policy, or any goods you receive from us (or from any advertising for any such goods) must, at the demand of either party, be submitted to and determined by binding and confidential arbitration in Franklin County, Ohio, before a single arbitrator. To the extent issues of state law are implicated, the laws of the State of Ohio shall apply. The arbitration will be administered by the American Arbitration Association (“AAA”) pursuant to its comprehensive arbitration rules and procedures in effect at the time of the arbitration and in accordance with the expedited procedures in those rules. This agreement to arbitrate also includes: (i) claims relating to the enforceability or interpretation of any of these arbitration provisions; (ii) claims that relate directly to the Ohio GOP and/or its affiliates, successors, assignees, employees, agents, or independent contractors; and (iii) claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to by you and the Ohio GOP that the arbitration of such claims must proceed on an individual (non-class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis. The parties shall maintain the confidential nature of the arbitration proceedings and award, including the hearing, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or enforcement of the award, or unless otherwise required by law or judicial decision. Judgment upon the award rendered by an arbitrator hereunder may be entered in any court having jurisdiction.

This arbitration provision does not apply to claims seeking injunctive or equitable relief related to intellectual property rights, unauthorized use of Ohio GOP content, or compliance with federal or state election laws.

You hereby knowingly and voluntarily waive any right you have to a jury trial, or an appeal to a state or federal court of appeal, with regard to any dispute arising under, relating to, or in connection with the Terms, Privacy Policy, or any goods you receive from us (or from any advertising for any such goods). All such disputes shall be resolved through binding arbitration and no class action, consolidated action, private attorney general or other representative claims may be pursued in arbitration. By accepting this arbitration agreement, you agree to waive the right to initiate or participate in a class action, representative action, private attorney general action or consolidated arbitration in any matter encompassed by this arbitration provision.

TERMINATION. We may suspend, change, or terminate these Terms and/or your access to the Site or portions of the Site immediately and without notice, for any reason, including without limitation: (a) your breach of these Terms; (b) a request by law enforcement or other government agency; (c) our discontinuation of or material modification to the Site; and/or (d) an unexpected technical or security issue or problem. We also reserve the right, in our sole discretion, to terminate your access to all or part of any of the Site, for any reason, with or without notice.

CONTRIBUTION POLICIES. All contributions to the Ohio GOP through the Site must be made from a contributor’s own funds, not funds provided to the contributor by another person, and using a personal credit card, not a corporate credit card. Contributions may not be made by any federal government contractor, foreign national lacking permanent-resident status in the United States, or using the general treasury funds of a corporation, labor organization or national bank.

Contributions to the Ohio GOP are not deductible for federal income tax purposes. Funds received in response to any solicitation will be subject to federal contribution limits and source prohibitions. Federal law requires us to use our best efforts to collect and report the name, mailing address, occupation, and name of employer of individuals whose contributions aggregate in excess of $200 per calendar year.

All contributions to the Ohio GOP are final. By making a donation on the Win Red website you are agreeing to be bound by the terms and conditions and privacy policy on the Win Red website. Refunds and cancellations may be given at the sole discretion of the Ohio GOP and Win Red. If you believe that an error has been made in connection with your online contribution, contact us at info@ohiogop.org we will endeavor to work with you to correct any such error.

All contribution confirmations will be sent via e-mail. It is your responsibility to provide a correct and valid e-mail address and other contact information.

MOBILE MESSAGES. By providing your phone number or requesting updates or other information by mobile phone or text message (the “SMS Service”) or through the Site, you expressly consent to receiving informational, organizational, and fundraising messages via text message, including text messages sent by an automatic telephone dialing system (“ATDS” or “Autodialer”), from us or a third-party contractor we have retained for their expertise in initiating and transmitting text messages. We do not charge for this SMS Service; however, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations, and all subsequent SMS correspondence and/or transmissions.

When you opt-in to receive messages from the Ohio GOP, we will send you an SMS message to confirm your signup. You can cancel the SMS service at any time. Just text “STOP.” After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

Phone numbers and messaging data are handled in accordance with our Privacy Policy.

THIRD PARTY LINKS. Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that the Ohio GOP is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and the Ohio GOP is not responsible for your use of said third-party sites. We encourage you to review said privacy policies of third-party sites.

GOVERNING LAW

This Agreement is governed by and will be construed according to Ohio law, excluding any principles of conflicts of law.

MISCELLANEOUS. If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

QUESTIONS & CONTACT INFORMATION. Questions or comments about the Site may be directed to the Ohio GOP at info@ohiogop.org.