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Electionmall, Inc. - Terms and Services

1. SCOPE OF SERVICES

ElectionMall Technologies, Inc. (EMT) makes information available on this site, subject to the following terms and conditions and all applicable laws. By accessing and using this site, you accept the following terms and conditions, without limitation or qualification. By using this site you may also subject yourself to the terms and services of Fundraising By Net, LLC (FBN) and all other affiliated sites. EMT reserves the right to change these terms and conditions at any time without notice. To see all legal disclaimers, licensing agreements and other legal polices that users may be subject to visit
www.electionmall.com/pubdocs/center.legal.asp.

2. SCOPE OF SALES

Purchases from ElectionMall.com are available internationally.
This site is made available for use by end-users only.

3. DONOR REGISTRATION

Donor Registration is a registered service mark of ElectionMall Technologies, Inc. Donor Registration is a convenient feature that allows users to purchase from the ElectionMall Shopping Online Store with a single click of their mouse, without having to retype information. Once you have activated Donor Registration features, clicking the "Buy Now" button will start downloads immediately and completes the transaction without further steps.

4. BILLING AND PAYMENTS

A. Payment Methods
The only accepted forms of payment are credit cards and checks by phone. If a credit card is being used for a purchase, EMT obtains a pre-approval from the corresponding credit card company for the amount of the order. Billing to your credit card occurs at the time of purchase.

PLEASE NOTE:

  • EMT accepts the following credit cards: Visa, MasterCard, American Express, and Discover.
  • Debit cards and check cards have daily spending limits that may prevent an order from being processed.
  • If a purchase has been declined online due to credit card issues, please ensure all data is correct and resubmit the order. If the transaction is still not accepted online, you will be unable to use that card for your purchase and should use a substitute credit card.
  • If you have trouble submitting a payment online, you may contact our payment department toll free at 1-888-932-2946.

B. Sales Tax

Sales Tax will be charged to those residing in a state where such merchandise is taxable. EMT purchases that are subject to sales tax will be charged based on the buyer's address and the sales tax rate in effect at the time of purchase.

C. Billing

While making purchases through an ElectionMall Membership, orders may be authorized and billed in gradual increments during one purchasing session as you click the "Buy Now" button. These charges may appear as multiple orders and billings on your credit card statements. If you are purchasing through the Shopping Cart functionality, orders will authorize and bill as one single purchase.

D. Refund Policy

All sales are final. There are absolutely no refunds once a service or product has been purchased online or offline.

5. FEES

All sales are final. There are absolutely no refunds once a service or product has been purchased online or offline.

6. CONTENT USAGE RULES

Your use of this site is conditioned upon your prior acceptance of the terms of this Agreement. EMT may provide users with certain software for use in connection with its services. All such software is the property of EMT or its licensors. All intellectual property, including joint efforts created on behalf of users, is the property of EMT and its licensors.
Nothing contained in this site shall be construed as conferring by implication, estoppels, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of EMT or any third party. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of EMT. EMT permits you to download, display, and print one copy of the materials on any single computer solely for back-up or archival use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. EMT reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from EMT.
Users may not otherwise copy, export, or reverse engineer data or software. Data gathering and extraction tools are strictly prohibited from being used and will terminate your ability to access this and affiliated sites. In addition, users will not attempt to, encourage, or assist any other person to, circumvent or modify any software required for use. Any burning or exporting capabilities are solely an accommodation for users and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of any content.
Software related to this site may only be used on computers authorized by EMT. EMT reserves the right to limit licenses for its software and the right to monitor use of software to ensure compliance with these terms. EMT may provide users with new versions or updates of its software, which may be subject to additional terms and conditions.

7. CONFIDENTIAL INFORMATION

Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. Any information disclosed to EMT outside a pre-existing and documented confidential business relationship are not confidential and EMT may therefore develop, use, and freely disclose or publish similar ideas without compensating you or accounting to you. It will be with the understanding that EMT assumes no obligation to protect the confidentiality of your disclosed information or compensate you for its disclosure or use.
You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you do not submit information you consider confidential. By submitting any information or other detailed submissions to EMT through this website, you agree to be bound by the terms of this stated policy.

8. WARRANTIES

THIS SITE IS PROVIDED BY EMT ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WHETHER BASED UPON THE NATURE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, AS TO THE OPERATION OF THIS SITE, OR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. EMT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Links on this site may lead to services or sites not operated by EMT. No judgment or warranty is made with respect to such other services or sites and EMT takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8. LIMITATION OF LIABILITY AND DAMAGES

Notwithstanding any other provisions of this agreement, EMT's liability to users for any matter relating to this agreement is limited to the amount actually paid to EMT. In no event shall EMT be liable for any loss of use, loss or inaccuracy of data, lost profits, interruption of business or any indirect, special, incidental, or consequential damages of any kind, even if EMT has been advised of the possibility of such damages resulting from a user's reliance on information or advice provided in connection with this site or by third parties.

10. INDEMNIFICATION

EMT will not be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying, or use thereof.
Users agree to defend, indemnify and hold EMT, its parent, officers, directors, employees, and Licensor of Technology harmless from any claim or demand (including attorney's fees) made or incurred by any third party due to or arising out your breach of these terms and/or occurring from unauthorized or unlawful use of this site.

11. ENTIRE AGREEMENT

It is expressly agreed that this Agreement supersedes all prior or contemporaneous Agreements or representations, written or oral, regarding EMT. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. This Agreement may not be modified and the rights and restrictions may not be altered or waived.

12. Severability

Each of the provisions of this Terms of Service shall be enforced independently of any other provision, claim, or cause of action. If any provision of this Terms of Service shall be held invalid, illegal, or unenforceable in any jurisdiction, it shall not render this entire Terms of Service unenforceable, but rather this Terms of Service shall be equitably modified, if possible, to most reasonably effectuate the intention thereof, and the invalid or unenforceable provision shall be severed and the remaining provisions of the Terms of Service shall continue to be binding upon the Parties.

13. GOVERNING LAW AND FORUM

EMT maintains this site in the State of Illinois and you agree that these terms of use set forth any legal action or proceeding relating to this site, and shall be governed and construed in accordance with the laws of the State of Illinois, without giving effect to the conflict of laws provisions thereof or any other jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and venue of Du Page County in the State of Illinois and the United States District Court for the Northern District of Illinois, with respect to any claims arising out of or relating to the terms of use set forth in these Legal Notices or your use of this Site.
If you attempt to bring any legal proceedings against EMT you specifically acknowledge that EMT is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this site to choose the laws of the State of Illinois to govern any such proceedings, we will probably choose to defend any such action in Illinois and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site.
Users are responsible for complying with the laws of the jurisdiction from which they are accessing this site and you agree that you will not access or use the information on this site in violation of such laws.
No EMT employee or agent has authority to vary any of EMT's polices or the terms and conditions governing any sale.

14. TERMINATION

In the event of a breach by user of its material obligations under these terms, MET may immediately cease to provide services to customer. If you have a situation in which you feel you may be conflicting with the license agreement, please contact us by visiting www.electionmall.com and completing the email form. Each situation will be met on a case-by-case basis.

15. OTHER TERMS AND CONDITIONS

EMT is not responsible for typographic errors.
EMT reserves the right to change the terms and conditions of sale at any time. Users are encouraged to review the terms and conditions on a periodic basis for modifications.
Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of EMT. All trademarks used or referred to in this website are the property of their respective owners.
Users of this site may not use software or services directly from EMT's vendors or licensors. Any such use will make user liable for damages including, but not limited to, lost profits, business interruption, lost wages, and loss of programs and data.

16. ASSISTANCE WITH ORDERS

For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here www.electionmall.com. If you cannot find the answers you are seeking in our robust knowledge base, you can send us an email by visiting www.electionmall.com and completing the email form or you may call us toll free at 1-888-932-2946. Responses to emails will be provided as soon as possible.

gipoco.com is neither affiliated with the authors of this page nor responsible for its contents. This is a safe-cache copy of the original web site.