Terms of Service

Thank you for using our software and services (collectively, the “Services”). The Services are provided by Voting Portals, LLC, a Florida limited liability company (“Voting Portals”). Voting Portals provides a platform that encompasses a comprehensive range of services facilitating electronic voting (the “Services”). By using the Services, you are automatically agreeing to the following terms and conditions, which may be amended unilaterally upon notice by Voting Portals 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 Voting Portals, along with any parent, subsidiary, affiliate, or related companies. As used herein, “you”, “your”, or the like means the entity and/or individual accessing and/or using the Services. If you are an individual acting on your company’s or client’s behalf, you accept these provisions on their behalf and the terms “you” or “your” will refer to you, your company, or your client.

Using Voting Portals Services

You hereby agree to follow any policies or instructions that are stated within the Services.

To access and/or use the Services, you acknowledge and agree to the terms and conditions of this agreement. You confirm the following:

You are at least 18 years of age;
You are capable of forming a binding contract with Voting Portals;
You are not based in any country or territory that is subject to a government embargo or comprehensive sanctions, or are not otherwise prohibited from using the Services under the laws and regulations of the United States, or any other applicable jurisdiction; and
You are not included in lists maintained by the United States or other applicable jurisdictions prohibiting transactions with and the export of US products to certain entities, people, and jurisdictions.

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. Voting Portals may suspend or stop providing the Services to you if you do not comply with Voting Portals’ terms, conditions, or policies and/or if Voting Portals is investigating suspected misconduct. Using the Services does not give you any ownership rights whatsoever in the Services, Voting Portals, or the content you access including, without limitation, intellectual property rights. You may not use content from the Services unless you obtain Voting Portals’ permission. Voting Portals does 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.

Voting Portals expects you to obey the law and follow certain rules in using the Services. If you repeatedly infringe the copyrights of Voting Portals or of others, Voting Portals may terminate your account. Voting Portals may terminate your use of the Services based on our reasonable suspicion that your activities, business or products are objectionable or promote, support, or engage in any of the prohibited uses described above.

The Services display some content that is not Voting Portals. This content is the sole responsibility of the entity that makes it available to us. Voting Portals may review content to determine whether it is illegal or violates our policies, and Voting Portals may remove or refuse to display content that we reasonably believe violates our policies or the law. However, Voting Portals does not regularly review such content and is not responsible for the accuracy of the same. Voting Portals is not responsible for any acts or practices of any third parties. In connection with your use of the Services, Voting Portals may send you service announcements, administrative messages, and other information. Voting Portals may disclose any information necessary to satisfy our legal obligations, protect Voting Portals or its customers, or operate the Services properly. 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.

Voting Portals may use Chatbots to optimize your experiences. These technologies are evolving and may have limitations.

Your Voting Portals 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 Voting Portals 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. You will provide accurate, up-to-date account information and securely manage such information, and Voting Portals disclaims any liability arising from your failure to do so. Such failure may further limit your ability to use the Services and affect the accuracy and effectiveness. Voting Portals may need to verify your identity, and you authorize us to collect information (e.g., date of birth, address) from you to do so.

To protect your Voting Portals 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]. You will notify Voting Portals immediately if you believe that your account information or device you use to access the Services has been lost or stolen or that someone is using your account without your permission. Voting Portals shall not be held liable for any account compromises that occur due to circumstances beyond its control.

Privacy and Copyright Protection

You agree that Voting Portals may use and maintain your personal information according to Voting Portals Privacy Policy (the “Privacy Policy”) and any changes published by Voting Portals. 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 Voting Portals can use such data in accordance with our Privacy Policy. Voting Portals provides 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. What belongs to Voting Portals remains with Voting Portals, but we may use information you provide to improve our Services.

When you upload, submit, store, send, or receive content to or through the Services, you give Voting Portals (and those Voting Portals works 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 Voting Portal’s use of the content submitted in those Services. It is your responsibility to make sure you have the necessary rights to grant Voting Portals 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, Voting Portals may display your profile name, profile photo, and actions you take in the Services. You acknowledge certain functionality in the Services may be dependent on the provision of content and may not be available without such content.

You can find more information about how Voting Portals uses and stores content in the Privacy Policy or additional terms for particular Services. If you submit feedback or suggestions about the Services, Voting Portals 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. You must follow applicable third-party terms when downloading Voting Portal’s software and/or required uploads.

Conditioned upon your compliance with the terms and conditions of this Agreement, Voting Portals gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by Voting Portals 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 Voting Portals, in the manner permitted by Voting Portals and under these terms, as amended from time to time by Voting Portals. 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. Voting Portals reserves all other rights in the applicable software not granted to you in writing in this Agreement. You acknowledge that such software is licensed, not sold.

The Services may be available through one or more apps for a compatible desktop computer or mobile device. You agree that you are solely responsible for any applicable changes, updates, and fees as well as complying with the provisions of your agreement with your telecommunications provider and any third-party mobile app marketplace.

Some software used in the Services may be offered under an open source license that Voting Portals will make available to you in our discretion.

Modifying and Terminating the Services

Voting Portals is constantly changing and improving the Services. Voting Portals may add or remove functionalities or features, and we may suspend or stop a Service altogether, in our sole and absolute discretion. Voting Portals may also modify the provisions of this Agreement at any time in our sole discretion. Voting Portals may notify you of such modifications by posting through the Services or on our website or by other means. It is important that you review this Agreement whenever Voting Portals modifies it because your continued use of the Services indicates your agreement to the modifications.

Voting Portals may update the Services, including with tools, utilities, improvements, or third-party applications. You agree to receive these updates. Voting Portals may further modify, suspend, or discontinue the Services at any time. You agree that Voting Portals will not be liable to you or any third party for any modification, suspensions, or discontinuances of the Services. You can stop using the Services at any time. Voting Portals may also stop providing Services to you or add or create new limits to the Services at any time. No expiration or termination will affect your obligation to pay all fees due or that may have accrued through the effective date of expiration or termination or entitle you to any refund.

Voting Portals believes that you own your data and preserving your access to such data is important. If Voting Portals discontinues a Service, where reasonably possible, we will give you reasonable notice and a chance to get your data (if any) out of that Service.

Advice and Third-Party Services and Products

You may have access to professional advice and third-party products. Any such advice and products are not covered under this Agreement. Unless specifically disclosed, Voting Portals is not in the business of providing legal, financial, accounting, tax, health care, insurance, real estate, or other professional services or advice, and you should consult professionals for advice prior to making important decisions in these areas.

The Services may also include information about or offers for third-party services or products or allow you to connect your account to or otherwise access third-party services or products. Voting Portals does not warrant, and is not responsible for, such third-party services and products or claims made about them, or the actions or inactions of any third party. You must review and comply with any additional terms. Voting Portals may be compensated by those third parties, which could impact whether, how, and where the services and products are displayed.

Our Warranties and Disclaimers

Voting Portals provides 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 Voting Portals 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, Voting Portals does not 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. Voting Portals provides the services “as is”. Voting Portals does not warrant that the Services are error-free, secure, or free from any viruses or other harmful components. Voting Portals also does not provide any warranties with respect to data loss or to the accuracy, reliability, or availability of the Services, nor of any content or information made available in the Services.

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 Voting Portals.

Liability for the Services

Voting Portals and their 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 Voting Portals and/or their affiliates, for any claims under these terms, including for any implied warranties, is limited to the amount you paid Voting Portals to use the services (or, if Voting Portals chooses, to supplying you the services again).

Voting Portals won’t be responsible for the following:

Loss of data, profits, revenues, business opportunities, goodwill or anticipated savings;
Indirect, incidental, or consequential loss;
Punitive damages; or
Damages relating to failure of telecommunications, the internet, electronic communications, corruption, security, viruses, or spyware.

The above limitations apply even if you or Voting Portals have been advised of the possibility of such damages.

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 Voting Portals 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. Voting Portals reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to responsibly cooperate as requested by Voting Portals in the defense of any claim.

About these Terms

Voting Portals 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 Voting Portals will also provide updates. Voting Portals will post notice of modifications to these terms on this page. Voting Portals will 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 Voting Portals’ Services.

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 Voting Portals 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 Voting Portals does not act right away, Voting Portals is not waiving Voting Portals’ 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. Any waiver by Voting Portals of any of the provisions in this Agreement must be made in writing and signed by a duly authorized officer of Voting Portals. 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 Voting Portals consent to personal jurisdiction there, unless otherwise mutually agreed in writing between you and Voting Portals.

You can’t transfer this Agreement or your right to use the Services to someone else without Voting Portals’ permission. Voting Portals may assign or transfer this Agreement without notice to you. You may not assign your rights under this Agreement, by operation of law or otherwise, without Voting Portals’ consent. Any attempts to do without Voting Portals’ consent will be void.

If a provision of this Agreement is unlawful, void, or unenforceable for any reason, then that provision will be severed, and the remaining provisions will remain in full force and effect.

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. Voting Portals may charge your payment method for fees or on a subscription basis. Unless otherwise specified in a written agreement with Voting Portals, you may cancel your subscription at any time (but you will not receive a refund). Voting Portals may change the price for the Services from time to time, and Voting Portals may give notice to you of such changes.

Payment will be billed in U.S. dollars. If your payment information is not accurate, current, and complete, Voting Portals may suspend or terminate your account. If you do not notify Voting Portals of updates to your payment information, Voting Portals may participate in programs supported by your card provider to try to update your payment information, and you authorize Voting Portals to continue billing your account with the updated information that Voting Portals obtains.

Voting Portals 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. Voting Portals 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 Voting Portals 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 Voting Portals and not the Association or any other party. Voting Portals shall be entitled to access and make changes to the Association’s web portal at any time. Voting Portals shall also be permitted to use the Association’s name, logo, images, and web portal content for marketing purposes.

You are allowed to use the Services under the laws of the United States and other applicable territories. The Services shall not be exported to jurisdictions that are subject to embargoes or comprehensive sanctions.

Your association hereby agrees to provide Voting Portals 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. Voting Portals agrees that all such information shall be kept confidential at all times in connection with Voting Portals Privacy Policy (as posted on the site by Voting Portals from time to time). Notwithstanding the foregoing, the association acknowledges and agrees that Voting Portals 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 Voting Portals’ commercially reasonable efforts, software and technology is still susceptible to potential errors, internet interference, and other factors outside of Voting Portals 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 Voting Portals, 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 Voting Portals 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 Voting Portals 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. You and Voting Portals agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if you have elected arbitration, unless both you and Voting Portals agree otherwise, the arbitrator may not consolidate any other person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

It is hereby disclosed that the principal of Voting Portals 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 Voting Portals 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 Voting Portals. 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 Voting Portals 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 Voting Portals, which may be withheld for any reason.

For more information about Voting Portals or to report any violation(s) of these terms and conditions, please contact us at [email protected].