Terms of Service
TERMS OF SERVICE FOR ASSOCIATION AND USERS
Thank you for using our software and services (collectively, the “Services”). The Services are provided by Voting Portal, LLC, a Florida limited liability company (“VP”). By using the Services, you are automatically agreeing to the following terms and conditions, which may be amended unilaterally upon notice by VP from time to time. If you do not wish to be bound by these terms and conditions, then you may not access or use the Services.
As used herein, “we”, “us”, “our” or the like means VP. As used herein, “you”, “your”, or the like means the entity and/or individual accessing and/or using the Services.
Using VP Services
You hereby agree to follow any policies or instructions that are stated within the Services.
Don’t misuse the Services. For example, don’t interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. We may suspend or stop providing the Services to you if you do not comply with our terms, conditions, or policies and/or if we are investigating suspected misconduct.
Using the Services does not give you any ownership rights whatsoever in the Services, VP or the content you access including, without limitation, intellectual property rights. You may not use content from the Services unless you obtain our permission. We do not grant you the right to use any branding or logos used in the Services. Don’t remove, obscure, or alter any legal notices displayed in or along with the Services.
The Services display some content that is not VP’s. This content is the sole responsibility of the entity that makes it available to us. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. However, we do not regularly review such content and are not responsible for the accuracy of the same. VP is not responsible for any acts or practices of any third parties.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of the Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws. DO NOT USE MOBILE DEVICES OR OTHER EQUIPMENT WHILE DRIVING. You hereby assume any and all risk(s) associated with such use.
Your VP Account
You will need an account in order to use most of the Services. You may create your own account, or your account may be assigned to you by an administrator, such as a property manager, or we may assign an account for you if you are an administrator. If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. You are not permitted to transfer, assign, or share your account, account information, and/or password credentials with any other person.
To protect your VP account, keep your password confidential. You are responsible for the activity that happens on or through your account. Try not to reuse your account password on third-party applications. If you learn of any unauthorized use of your password or account, please contact us immediately at [email protected].
Privacy and Copyright Protection
VP’s Private Policy (the “Privacy Policy”) explains how we treat your personal data and protect your privacy when you use the Services. By using the Services, you agree that VP can use such data in accordance with our Privacy Policy.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights, please notify us immediately.
Your Content in the Services
Some of the Services allow you to upload, submit, store, send, or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send, or receive content to or through the Services, you give VP (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that your content works better with the Services), communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Services, and to develop new ones. This license continues even if you stop using the Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of the Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. It is your responsibility to make sure you have the necessary rights to grant us this license for any content that you submit to the Services (such as logos, links, and/or member information).
Our automated systems analyze your content (including emails) in an effort to provide spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have an account, we may display your profile name, profile photo, and actions you take in the Services.
You can find more information about how VP uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about the Services, we may use your feedback or suggestions without obligation to you.
About Software in the Services
When a Service requires or includes downloadable software and/or required uploads, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
VP gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by VP as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by VP, in the manner permitted by VP and under these terms, as amended from time to time by VP. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
Some software used in the Services may be offered under an open source license that we will make available to you in our discretion.
Modifying and Terminating the Services
We are constantly changing and improving the Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, in our sole and absolute discretion.
You can stop using the Services at any time. VP may also stop providing Services to you, or add or create new limits to the Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable notice and a chance to get your data (if any) out of that Service.
Our Warranties and Disclaimers
We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them, but there are certain things that we don’t promise about the Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER VP NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, CLIENTS, RELATED ENTITIES AND/OR ANY OTHER PARTIES CLAIMING BY OR THROUGH THEM (COLLECTIVELY, THE “AFFILIATES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
Any access to or use of the Services shall not constitute legal advice or create any attorney-client and/or other relationship between you and VP.
Liability for the Services
VP AND THE AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY: LOSS; LOST PROFITS; LOST REVENUES; LOST DATA; FINANCIAL LOSSES; OR DAMAGES (INCLUDING INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER).
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VP AND/OR THE AFFILIATES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
Business uses of the Services
If you are using the Services on behalf of a business, such a business accepts these terms.
Indemnification
You shall hold harmless and indemnify VP and its Affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to the Services. Please revisit these terms regularly and we will also provide updates. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and generally will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you must terminate your use of our Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between VP and you, except account holders must also comply with their Online Services Agreements at all times. Neither creates any third-party beneficiary rights.
If you do not comply with these terms, and we do not act right away, we are not waiving our rights to take action in the future.
If it turns out that a term is not enforceable, this will not affect any other terms, which will continue in full force and effect.
The laws of the State of Florida, U.S.A. will apply to any disputes arising out of or relating to these terms or the Services. Any and all claims arising out of or relating to these terms or the Services shall be resolved through mandatory binding arbitration in Miami-Dade County, Florida, U.S.A., and you and VP consent to personal jurisdiction there, unless otherwise mutually agreed in writing between you and VP.
Additional Terms Relating to Use by Associations
Your association acknowledges and agrees it shall be solely responsible for providing its own technical equipment including computer(s), cable(s), camera(s), cord(s), speaker(s), etc. and for establishing sufficient internet connectivity at its meetings (i.e., strong enough Wi-Fi signals, internet bandwidth, etc.). Note that a minimum of one desktop or laptop is necessary for the Admin to use during the physical election/voting part of the association’s meeting(s) in order to operate the Software. If the association wishes to utilize the live streaming video and audio features of the Software (which is highly recommended), the Association shall be responsible to purchase its own camera, speaker, tripod, and/or cord(s) (as needed).
The agreed pricing selected by your association is hereby incorporated into this agreement.
VP hereby reserves the sole and exclusive ownership, control and rights over the Software at all times including, without limitation all intellectual property, proprietary features, electronic appearances, content, functionality and all other aspects of the program. VP reserves the right to place its content over, across, and through the Software in any location, it wants in its sole discretion, and to place advertisements, logos, links, or other content selected by VP on the association’s portal at any time. Association agrees that all revenues derived by the Services and Software including, without limitation, advertising revenues, use fees, and/or other charges shall be solely due to VP and not the Association or any other party. VP shall be entitled to access and make changes to the Association’s web portal at any time. VP shall also be permitted to use the Association’s name, logo, images, and web portal content for marketing purposes.
Your association hereby agrees to provide VP with reasonable access to certain official records of the association as may be necessary or desirable to facilitate the Services including, without limitation, the roster of addresses, emails, and other contact information of its members. VP agrees that all such information shall be kept confidential at all times in connection with VP’s Privacy Policy (as posted on the site by VP from time to time). Notwithstanding the foregoing, the association acknowledges and agrees that VP shall be permitted to contact the members of the association with email communications and/or phone text messages containing, without limitation, voting codes, alerts, instructions and other promotional messages that may be relevant to the Services.
Your association acknowledges and agrees that despite VP’s commercially reasonable efforts, software and technology is still susceptible to potential errors, internet interference, and other factors outside of VP’s control including, without limitation, the association’s own equipment and internet reliability, as well as that of its members. The association also acknowledges that, despite having been sufficiently tested, the Software is new and may experience difficulties from time to time. The association hereby agrees to indemnify, defend and hold harmless VP, its owners, officers, directors, employees, and agents from all claims arising out of the use of the Services and the Software by the association and its members. Such indemnity shall be construed as broadly as possible. This provision shall survive the termination of this agreement.
Your association shall be solely responsible to save/backup (by downloading on to its own computer or otherwise storing) all if its own recordings, results, logs, and/or other content of the association which may constitute official records or is intended to be saved, within 30 days of such content being created by the association in the Software.
In the event of a dispute between the Parties relating to this Agreement, the sole remedy of the association shall be to terminate this Agreement. Any disputes brought by VP against the association shall be submitted to mandatory binding arbitration with the prevailing Party being entitled to recover its reasonable attorneys’ fees and costs. The unenforceability, invalidity or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid or illegal. This Agreement shall be deemed to have been written jointly by the Parties. This Agreement may be assigned by VP at any time without the consent of the association. This Agreement shall be governed by the laws of Florida and the venue and jurisdiction for any disputes hereunder shall be in Miami-Dade County.
It is hereby disclosed that the principal of VP may also be the attorney for your association (or may become the attorney for association). In such an event, the association hereby acknowledges and agrees that it shall not consider VP its lawyer or law firm at any time and that all legal issues or representation will be handled solely by the association’s law firm or attorney and not VP. Your association also acknowledges and agrees it does not recognize any conflicts of interest whatsoever in the event of such common ownership, if any, between its attorney and VP and that in the event the same is ever determined to be a conflict; the same is hereby expressly waived by the parties. No law firm may display its name, logo or otherwise advertise and/or provide content on the Software without the express written consent of VP, which may be withheld for any reason.
For more information about VP or to report any violation(s) of these terms and conditions, please contact us at [email protected].