Terms of Service
Terms of Service
Last Updated: January 1, 2018
Using Our Site and Services
These Terms of Service (“Agreement”) describe your rights and responsibilities regarding use of Victory Passport (“Victory Passport” or “VP”) websites or applications offered, owned and operated by Targeted Victory, LLC (“Targeted Victory”, “we”, “our” or “us”).
The Victory Passport application provides a donation tool for you to contribute to candidates, groups and causes (each a “Campaign”) that matter to you using a single click anywhere you see the Victory Passport banner. We provide this service through technology embedded on our VP contribute site(s), which are websites that we either manage, host and operate on behalf of a Campaign or own and license to Campaigns (“VP Contribute Site”). The Site and VP Contribute Sites may provide you with certain services, Content (defined below), features and applications, including without limitation, the opportunity to donate, create an account (as described further below), request information or fill out forms (collectively the “Services”). For purposes of the Agreement, the singular term “Site” includes the Victory Passport website and applications, all VP Contribute Sites, all Content, the Services and any and all sites that utilize the Victory Passport and are owned, operated and/or controlled by Targeted Victory that we may have now, or in the future operate, that link to this Agreement.
Please read and review the terms below fully and carefully. The Agreement set forth legal binding terms and conditions for your use of the Site. By accessing, using donating or registering with our Site, you agree to be bound by the terms of this Agreement. You further agree that Targeted Victory may make this and future agreement with you by electronic means and that such agreements have the same legal effect as agreements entered into on paper and are authentic and valid.
If you do not accept and agree to be bound by the Agreement, you are not authorized to access or otherwise use the Site, Services or Content (as defined herein).
Additional terms and Updates or Changes to the Terms
From time to time, we may update the Agreement without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated. Unless otherwise indicated, any new Content or services added to the Services will also be subject to the Agreement effective upon the date of any such addition. We encourage you to periodically check this Site for updates. Amendments to the Agreement are effective when posted and the date on which the Agreement was last revised is identified at the top of this page. Your continued use of the Site after the posting of any amendments affirms your agreement to any changes we make to the Agreement.
If you have any questions about the Agreement, please contact us by e-mailing us at firstname.lastname@example.org.
The Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. By using the Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
In order to make a donation, you will need to provide us with information necessary to process a donation from you, including your credit card and billing information. By donating money through the Site, you represent, warrant and covenant to us that any donation you make is legal and you are authorized to make such a payment. Additionally, you represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card or other means of donating on the Site; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
By clicking Contribute on our Site, you authorize us to process your donation by prompting our payment processing partner to charge your credit card or other payment method then available in accordance with this policy. If you are scheduled to make reoccurring donations, you agree to the donation amount being charged to the card on file on a recurring basis by our service provider according to the frequency you selected until you cancel the reoccurring payment. You can cancel a reoccurring payment via the e-mail receipt we send you or by e-mailing us at email@example.com.
Creating a User Account
You may be asked to create a VP user account (“User Account”) or provide certain information to access and/or utilize the Site (collectively, “User Information”). It is a condition of your use of the Site that any information, including all User Information, you provide in connection thereto is correct, current and complete.
If you choose, or are provided with, a user name or password, you must treat such information as confidential, and you must not disclose it to any other person or entity. In addition to the foregoing, you agree to (a) immediately notify Targeted Victory of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Targeted Victory will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Targeted Victory or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
We have the right to disable any User Account, user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Agreement.
All contributions made to the Site are considered final unless the donation is not in compliance with federal election law and/or Federal Election Commission regulations. All purchases from the online store are considered contributions to Targeted Victory.
Ownership, Limited License and Site Access; All Rights Reserved
Targeted Victory Content
This Site and all content, features and functionality, including without limitation, scripts, software, text, pictures, graphics, logos, button items, images, works of authorship, and other content provided, or otherwise made accessible on or through the Services are owned by Targeted Victory, its licensors or other providers of such material (collectively with all information and material about Targeted Victory and its Services, “Content”). We (or the respective third party owners of Content) retain all right, title, and interest in this Site and any Content, features, Services offered on this Site, including any and all intellectual property rights.
Limited Use License
Targeted Victory hereby grants you a limited license solely to access and make personal use of the Site for the purpose of utilizing the Services in accordance with the terms herein but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Targeted Victory (e.g., downloading of application forms). This license does not include any resale or commercial use of the Site or the Content; any derivative use of this Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Targeted Victory.
Targeted Victory shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Targeted Victory via this Site or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products and services using such information.
We are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites. We do not control such websites and cannot be held responsible for their content or accuracy, how they handle Personal Information and do not endorse these sites unless we specifically so state. In the event that this Site provides hyperlinks to other websites that are not owned, operated or maintained by Targeted Victory, you acknowledge and agree that Targeted Victory is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such web site. Targeted Victory is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such web site. Targeted Victory is not responsible for the privacy practices of any other websites.
Prohibited Use of the Site
This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose nor may you reverse engineer or attempt to extract the source code of the Site, unless laws prohibit those restrictions or you have our written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Targeted Victory without Targeted Victory’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Targeted Victory’s name(s) or service marks without the express written consent of their owners. You agree not to use the Site to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing) or introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You may use the Site only for lawful purposes and in accordance with this Agreement.
Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of this Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Targeted Victory to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Targeted Victory, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of this Site, you agree you will not: violate any applicable local, state, national or international law; probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems; register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for Services if you are not expressly authorized by such party to do so; or use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any Content or information on this Site.
Business Uses of Our Site
If you are using our Site on behalf of a business, that business will be bound by the Agreement as well. By using our Site and/or Services on behalf of a business, you are obligating that business to hold harmless and indemnify Targeted Victory and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services, this Site or violation of the Agreement, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
If you request to receive information to your mobile phone, you consent to receiving communication from Targeted Victory via your mobile device. This could include text or SMS messages. We do not charge for the SMS service (“SMS Service”). Please be aware that your carrier’s standard messaging data and other rates and fees applies as applicable to your service provider and plan. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator. SMS message services are provided on an “as is” basis, and we make no warranty, express or implied, and all warranties, including implied warranties of merchantability and fitness for particular purpose, are hereby expressly disclaimed.
You are able to opt out from receiving SMS or text messages at any time by texting STOP or HELP.
We have the right to change and/or terminate the SMS Service at any time, with or without cause or advance notice to you. All Content provided in connection with the SMS Service is appropriate for ages 13 and older.
Copyrights and Trademarks
In addition to the foregoing terms, Targeted Victory and any other product or service name or slogan contained in the Site are trademarks of Targeted Victory and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Targeted Victory or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
Except as otherwise expressly stated, all Content appearing on this Site is the copyrighted work of Targeted Victory or its third party content suppliers and are protected by U.S. and international copyright laws. Notwithstanding the foregoing, the domain name for this Site, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Targeted Victory and may not be copied, imitated or used, in whole or in part and is protected by U.S. and international copyright laws. All rights not expressly granted in the Agreement are expressly reserved. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
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 by us.
If you believe your work has been copied in a way that constitutes copyright infringement on the Site [or App], please see a written notice of claimed copyright infringement to Targeted Victory’s registered agent:
Targeted Victory, LLC
1100 Wilson Blvd., Fl. 10
Arlington, VA 22209
When you visit this Site or send e-mails or text messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, text or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Agreement.
You agree to defend, indemnify and hold harmless Targeted Victory and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors (collectively “Targeted Victory Parties”), from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Agreement or your use of the Site or Services, including, but not limited to, your User Contributions, any use of the Site’s Content, Services and products other than as expressly authorized in the or your use of any information obtained from the Site.
Target Victory reserves the right to participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect Targeted Victory’s rights or obligations shall be made without Targeted Victory’s written approval. We reserve the right, at our expense and on notice to you, to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
You understand and agree that Targeted Victory has not responsibility or control over the Content, materials or information that you or other Site users post on the Site or [third party social media service]. Target Victory makes no representation that your use of the Site will comply with applicable laws. Additionally, we do not represent, warrant or guarantee the completeness, truthfulness, accuracy, quality, usefulness or reliability of the Site, or the Content. Any of the Content may be out of date at any given time, and we are under no obligation to update such material. Any reliance you place on the Content is at your own risk, and we disclaim all liability and responsibility arising from such reliance by you or by anyone who may be informed of the Content.
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. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL CONTENT THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, THE CONTENT AND MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER TARGETED VICTORY NOR ANYONE ASSOCIATED WITH TARGETED VICTORY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE SECURE, COMPLETE, AVAILABLE, ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TARGETED VICTORY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TARGETED VICTORY, OR “TARGETED VICTORY PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, YOUR USE, OR INABILITY TO USE OR DELAY OF YOUR USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY OR BASED ON TORT (INCLUDING NEGLIGENCE), CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TARGETED PARTIES HAVE BEEN ADVISED, OR REASONABLY COULD HAVE FORESEEN, OF THE POSSIBILITY OF DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, ANY WEBSITE LINKED TO THE SITE ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES LINKED TO SUCH CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR SUCH OTHER WEBSITES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, TARGETED VICTORY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING OUT OF YOUR USE OF, ACCESS TO OR INABILITY TO USE THE SITE OR ANY MATERIAL PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY, OUR LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU WITH RESPECT TO ANY SERVICES AVAILABLE THROUGH THE SITE, PAID IN THE LAST SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE BY YOU AGAINST US; OR (II) US $100.00. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In the event you have any dispute with one or more third party as a result of your use of the Site, or are in any way damaged as a result of any third party in connection therewith, you hereby release Targeted Victory Parties from and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against the Targeted Victory Parties for any damages of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.
Modifying and Terminating Our Site
We are constantly changing and improving our Site and Services. We may add or remove functionalities or features, and we may modify, suspend or stop a Service altogether (or any part thereof). Targeted Victory reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
Targeted Victory will not be liable to you or any third party if for any reason all or any part of the Site is unavailable at any time or for any period. We will not be liable for any modification, suspension, withdrawal or termination of the services or Content provided through the Site or loss of related information.
If you are dissatisfied with the services provide through our Site, you can stop using our Site and our Services at any time, although we’ll be sorry to see you go.
If any provision of the Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
The Agreement and all matters relating hereto or to the Website, the Apps, or the Content shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the statutes and laws of the Commonwealth of Virginia, without regard to the conflict of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of Fairfax County in the Commonwealth of Virginia with respect to any such matters relating to your access or use of this Site, the Services and/or any products offered via the Site agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.
The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
Questions & Contact Information
Please contact us if you have questions about our Terms of Service at: firstname.lastname@example.org.
© 2018 Targeted Victory, LLC℠. All Rights Reserved.