TERMS OF SERVICE
Last modified on November 22, 2023
Acceptance of these Terms of Service
Please read these Terms of Service carefully before you start to use the website, mobile application or other digital or online application or service linked hereto.
BY ACCESSING OR USING THIS WEBSITE, MOBILE APPLICATION, OR OTHER DIGITAL OR ONLINE APPLICATION OR SERVICE LINKED HERETO, YOU (A) ACKNOLWEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE AND, IF ENTERING INTO THESE TERMS OF SERVICE FOR ANOTHER INDIVIDUAL, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT OTHER USER; AND (C) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ACCEPT ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE, MOBILE APPLICATION, OR OTHER DIGITAL OR ONLINE APPLICATION OR SERVICE.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
This website, mobile application, or other digital or online application or service is operated by Shirley for New Jersey Inc. (“Shirley for New Jersey”, “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Service”) apply solely to your access to, and use of, the ShirleyForCongress.com operated by us and other of our websites, mobile applications, or digital or online applications or services which link to these Terms of Service, including any content and functionality offer through them (collectively, the “Sites”). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with us.
We reserve the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of the Sites at any time and in our sole discretion. Any changes or modification to the terms and conditions will take effect immediately upon posting of the revisions on the Sites. You waive any right you may have to receive specific notice of such changes or modifications; your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.
All questions or comments about the Sites or site content should be directed to info@ShirleyForCongress.com.
- ACCESSING THE SITES. We reserve the right to withdraw or amend these Sites, and any Sites or material we provide on the Sites, in our sole discretion without notice. We will not be liable if, for any reason, all or part of the Sites is unavailable at any time for any period. From time to time, we may restrict access to some or all of the Sites. You are responsible for both: making all arrangements necessary for you to have access to the Sites; and ensuring that all persons who access the Sites through your internet connection are aware of these Terms of Service and comply with them.
- CONTRIBUTION POLICY. All contributions to Shirley for New Jersey through the Sites 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 Shirley for New Jersey 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 election cycle. All contributions to Shirley for New Jersey are final. Refunds and cancellations may be given at the sole discretion of Shirley for New Jersey. If you believe that an error has been made in connection with your online contribution, contact us at donationsupport@ShirleyForCongress.com We will endeavor to work with you to correct any such error.
- MOBILE MESSAGING. If you request to receive updates or other information by mobile phone or text message (the “SMS Service”) through the Sites, you expressly consent to receiving via your mobile device text messages, including text messages (a) sent by an automatic telephone dialing system, (b) that include pre-recorded voice, and/or (c) that include automated voice, in each case 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. At any time, you may text STOP to cancel or HELP for customer support information.
- INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE. Unless otherwise indicated on the Sites, the Sites and all content and other materials thereon, including, without limitation, our logos, and all designs, text, graphics, pictures, videos, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Shirley for New Jersey, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and any other applicable intellectual property or proprietary laws. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein without our prior written permission is strictly prohibited and will terminate the limited license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications statutes and regulations.
- REPEAT INFRINGER POLICY. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating subscribers or account holders who are deemed to be repeat infringers, in appropriate circumstances as determined by us in our sole discretion. We may also, in our sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- LINKS TO THIRD-PARTY SITES. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of third-party Web sites that may be accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, or any link contained in a linked site, or any review, changes or updates to such sites. We may provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies will no longer govern your activity. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Sites.
- THIRD-PARTY CONTENT. We may make third party information and other content available on or through the Sites (the “Third Party Content”) as a service to those interested in this information, and we may provide information regarding or access to third party products or services available on or through the Sites (“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. We do not control, endorse or adopt any Third Party Content or Third Party Products, and we make no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review any Third Party Content. Users use such Third Party Content contained in Third Party Products at their own risk.
- SUBMISSIONS. You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or Shirley for New Jersey that are provided by you in the form of email or other submissions to us, or any postings on the Sites, are non-confidential and shall become the sole property of Shirley for New Jersey. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
- USER CONTENT AND INTERACTIVE AREAS. The Sites 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 Sites (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By posting User Content, you represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. By submitting, posting or displaying User Content on or through the Sites, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). The foregoing license authorizes us to make your User Content available to the rest of the world and to let others do the same. The license also extends beyond your cessation of use of the Sites. You further acknowledge and agree that this license includes the right for us to provide, promote, and improve the Sites and to make User Content submitted to or through the Sites available to other companies, organizations, third-parties, business partners, vendors, suppliers, or individuals for the any use and in connection with any purpose. Such additional uses by us, or other recipients of this User Content, is made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Sites as the use of the Sites by you is hereby agreed as being sufficient compensation for the User Content and grant of rights herein.
By using any Interactive Areas, you agree NOT to post, upload, transmit, distribute, store, create, or otherwise publish to or through the Sites 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; or
- User Content that, in the sole judgment of Shirley for New Jersey, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may Shirley for New Jersey or its users to any harm or liability of any type.
We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity or other objectionable content you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the User Content or conduct rules set forth in these Terms of Service is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. Accordingly, we have the right to:
- Remove or refuse User Content or any other information for any or no reason in our sole discretion.
- Take any action with respect to any use of our Sites that we deem necessary or appropriate in our sole discretion, including if we believe that such use violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for Shirley for New Jersey.
- Disclose your identity or other information about you to any third party who provides verifiable claims that you violated their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
- Terminate or suspend your access, including, but not limited to, any account(s) and to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Service.
In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS SHIRLEY FOR NEW JERSEY AND ITS PERSONNEL, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BYSHIRLEY FOR NEW JERSEY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SHIRLEY FOR NEW JERSEY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Except as otherwise provided, you retain ownership of all User Content you post on the Sites. However, if you post User Content to the Sites, unless we indicate otherwise, you grant to us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications without any right of compensation or attribution.
These content standards apply to any and all use of the Sites.
- RELIANCE ON INFORMATION POSTED. The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. All users should independently verify any information provided through the Sites. Any reliance you place on information presented on or through the Sites is strictly at your own risk. We disclaim any and all liability and responsibility arising from any reliance placed on such materials by you or anyone who may be informed of any of the Sites’ contents.
These Sites may also include content provided by third parties, including materials provided by other users and third party licensors, syndicators, aggregators, and/or reporting services. All content, statements, and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided directly by Shirley for New Jersey, are solely the opinions and the responsibility of the individual or entity providing those materials. These materials do not necessarily reflect the opinion of Shirley for New Jersey. We are not responsible, or liable to you or any third party, for the content or accuracy of any such materials.
- REGISTRATION DATA; ACCOUNT SECURITY. To access the Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. In consideration of your use of the Sites, you agree to (a)provide accurate, current, and complete information about you as may be prompted by any registration forms on the Sites (“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 us, 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 us. By registering on the Sites, and accessing them through your account, or through any other security and identification methods we may require from time to time, you acknowledge and agree that this system includes security procedures that are commercially reasonable. You further agree to comply with any of Shirley for New Jersey’s policies and procedures to obtain or maintain any account, or to further access or use the Sites.
You also acknowledge that your account is personal to you, and you agree not to provide any other person with access to these Sites, or any portions thereof, by using your account.
YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY.
- INDEMNIFICATION. You agree to defend, indemnify and hold harmless Shirley for New Jersey, its affiliated organizations, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, judgments, awards, losses, expenses, and fees (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 Sites, your use of the Interactive Areas, or any act or omission relating to the Sites or the User Content, including without limitation any actual or threatened suit, demand or claim made against Shirley for New Jersey 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 of Service or your violation of the rights of any third party.
- DISCLAIMERS. You understand that we cannot and do not guarantee or warrant that files available for downloading form the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, SHIRLEY FOR NEW JERSEY HEREBY 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. SHIRLEY FOR NEW JERSEY DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. USE OF THE SITES IS AT YOUR SOLE RISK.
SHIRLEY FOR NEW JERSEY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE SHIRLEY FOR NEW JERSEY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, SHIRLEY FOR NEW JERSEY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SHIRLEY FOR NEW JERSEY DOES not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- LIMITATION OF LIAIBLITY. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL SHIRLEY FOR NEW JERSEY, ITS AFFILIATES, OR THEIR LICENSORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENT, PUNITVE, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF REVENUE OR PROFITS, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, 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 SHIRLEY FOR NEW JERSEY, 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 SHIRLEY FOR NEW JERSEY’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHIRLEY FOR NEW JERSEY, 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 SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SHIRLEY FOR NEW JERSEY FOR ACCESS TO OR USE OF THE SITES.
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.
- TERMINATION. Notwithstanding any of these Terms of Service, at all times we reserve the right, without notice and in our sole discretion for any or no reason, to disable any account, password, or other identifier; terminate your license to use the Sites; and to block or prevent future your access to and use of the Sites.
SEVERABILITY. If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and such provision shall be eliminated or limited to the minimum extent necessary. Such elimination or limitation shall not affect the validity and enforceability of any of the remaining provisions, and all remaining provisions of the Terms of Service will continue in full force and effect to the greatest extent possible.