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Terms of Service

New Virginia Majority Terms of Service

Welcome to New Virginia Majority. This is a legally binding agreement between you (“you” or “user”) and the New Virginia Majority (“NVM”, “we”, “us”) (the “Agreement”).  This Agreement governs your access and use of our owned and operated website, currently available at newvirginiamajority.org or the “Site”, all products and services (including but not limited to membership, message boards, and community forums) and their respective content and information, features, applications, widgets, including but not limited to any new functionalities, features or applications and any other products, services or features where this Agreement is posted (collectively, the “Services”).

By using our Services in any manner, you consent to and accept the terms of this Agreement. If you do not agree to this Agreement, do not use our Services.

1. Use of the Services

  1. Age Requirements. The Services are intended to be accessible and enjoyed by our general audience. You must be over the age of majority in your jurisdiction to use the Services, unless your parent or legal guardian agrees to these Terms on your behalf and grants you permission to use the Services. By using the Services, you represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to this Agreement and affirm that they accept the terms herein on your behalf and bear responsibility for your use. If you are accepting the terms of this Agreement on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.

  2. Compliance with NVM Policies. In your use of our Services, you agree to be bound by this Agreement and any additional terms and conditions applicable to any particular Services we offer, and to follow our Privacy Policy, and all NVM policies or guidelines at all times. If you believe that someone has posted any content which violates any of the terms of this Agreement or our policies, please notify us promptly by email at the following address: [email protected]

  3. Changes to this Agreement. We are always working to improve your experience with our Services. From time to time, NVM may modify this Agreement and when we do, we may add, remove, or change features or functionalities without notice to you. You acknowledge and agree that NVM may, at its sole discretion, (i) notify you of such changes or modifications by posting them to this page and (ii) your use of the Services after such changes or modifications have been made (as indicated by the “Last Updated” date at the top of this page) shall constitute your acceptance of this Agreement as last revised.  In addition, NVM may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your account information, including your email address, accurate and current.  NVM assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address. If you reject the updates to this Agreement, you must stop using the Services. You acknowledge and understand that employees of NVM are not authorized to vary the terms of this Agreement, either verbally or in writing except as set forth above. For example, an employee of NVM cannot permit you to do something that is prohibited by this Agreement or waive any of your obligations under this Agreement. If any employee offers to do so, or to post or remove any information from the Services, he or she is not acting as an agent of NVM or speaking on behalf of NVM. You may not rely on, and should not act in reliance on, any statement or communication from an employee or anyone else purporting to act on behalf of NVM, unless the communication is made in a written communication personally signed by NVM’s leadership.

  4. Modification to the Services. NVM reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. Except as otherwise expressly stated in this Agreement, you agree that NVM and its affiliates shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.

  5. Feedback. We welcome your comments, suggestions, ideas for enhancements and improvements, including new features, materials, or other content (“Feedback”).  By submitting Feedback, you grant us an irrevocable, non-exclusive, worldwide, perpetual, transferrable, sublicensable (through multiple tiers), royalty-free license and unencumbered right to use the Feedback for any purposes, commercial or otherwise, without notice to you or acknowledgement or compensation to you.

2. Account

  1. Account Setup. To use our Services, you must have Internet access and a device that can utilize the Services. To access certain features of the Services, you will need to register and open a user account and password using a valid email address (“Account”). When registering for your Account, you represent and warrant that (i) you will not select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that NVM, in its sole discretion, deems inappropriate or offensive. You may also be required to provide certain personal information such as your name, primary telephone number, ZIP code, language(s) spoken, and type of work engaged in.

  2. Subscription. To the extent that a paid subscription is required for use of the Services, you will be required to provide a valid form of payment. You authorize us to charge any form of payment you provide for any transactions related to your access and use of our Services. Subject to applicable notice requirements, your subscription to our Services shall renew in accordance with the term you selected (such as monthly or annually). Your billing will include your subscription fees and any applicable taxes and transaction fees. You may also incur third-party charges and taxes when receiving our Services through your smartphone or other mobile device and you acknowledge and agree that you will be liable to pay any such third-party costs. Unless your subscription is earlier terminated or suspended by NVM, you must cancel your subscription before it renews to avoid billing of the subscription fees for the next billing cycle. If you cancel your subscription after your renewal deadline, such cancellation will take effect upon cancellation and you shall receive a pro-rated refund for the remainder of that term within 30 business days of the effective cancellation date, unless a quicker refund is required by applicable law.

3. Privacy; Data Collection

Our privacy practices are set forth in our Privacy Policy. By using any of our Services, you give us permission to collect, use, disclose, analyze, or otherwise handle and process any information, including any personal data submitted or made available to us in connection with the Services in accordance with our Privacy Policy and you agree to accept the terms set forth therein.

4. Third Party Links and Content

The Services may provide links or offer the opportunity to visit other websites and content of third parties, engage with third party content, information, products and services (collectively, “Third Party Content”). NVM does not monitor and has no control over any Third-Party Content. If you use these links or access any Third-Party Content, you understand that you will leave our Services and your dealings will solely be with the third-party providers of such Third Party Content, including being subjected to the terms and conditions of such third party providers.  Any Third-Party Content made available on our Services does not amount to endorsement, verification, or adoption of any such Third Party Content and we neither assume any responsibility nor liability for your use of or access to any such Third Party Content. You agree that your use and access to any Third-Party Content is solely at your own risk and liability.

5. Our Content and NVM Materials; Limited License 

  1. NVM Materials. All materials, content, information, data or otherwise made available on our Services (other than Your Content as defined herein), including but not limited to the  designs, form or page layouts, graphics, text, sounds, pictures, images, videos, software and other files and the selection and arrangement thereof, the software, NVM marks and logos (collectively, “NVM Materials”), are the sole and exclusive property of NVM and/or the property of its affiliates or licensors or content posted by users and others that has been licensed to us, and are protected by copyright, trademark, and other intellectual property laws.

  2. Data. All data that NVM collects (“Usage Data”) about use of the Services by you or others is the property of NVM, its subsidiaries, and affiliates. For clarity, Usage Data does not include Your Content and is separate from NVM Materials. Please refer to our Privacy Policy for information about how we process your personal information.

  3. Limited License. Subject to your continued acceptance of, and compliance with the terms of this Agreement, NVM grants you a  limited, non-exclusive, non-sublicensable, non-transferable,  revocable license to access and use the Services solely for your personal and non-commercial use only. NVM reserves the right to restrict or suspend any user’s access to the Services and/or to terminate this license at any time for any reason. Except for the rights and license granted in this Agreement, we reserve all other rights and grant no other rights or licenses, implied or otherwise. You will not obtain any ownership interest in the Materials or the Services through this Agreement or otherwise. The posting or display of any Materials does not constitute a waiver of any rights in such Materials. All rights to Materials are reserved to their respective copyright owners. You may link to any of our Services [from your website, blog, application, platform, or services,] provided that (a) the link redirects the user to the respective Services when the user clicks on the link; (b) you do not insert any intermediate page, splash page, or other content between the link and the Services; (c) you do not use the content in a manner that suggests NVM and/or our Services, or individuals featured in the Services, promote or endorse your or any third party’s cause, idea(s), product(s), site(s), application(s), platform(s), or service(s); (d) the link does not portray NVM or any of its Services in a false, misleading, derogatory or otherwise defamatory manner; (e) you do not use the Services or any portion thereof for commercial purposes; and (e) you do not use the Services in any way that is unlawful or harmful to any individual or entity.

  4. Restrictions on Use. You represent and warrant that you will not: 

    1. access, search or collect data from the Services (through automated or other means, including artificial intelligence or machine learning): (i) to create derivative works of NVM Materials, (ii) to train or develop any AI, large language models or machine learning algorithms on NVM Materials; (iii) to create any service competitive to our Services; or (iv) for other commercial purposes, except with the expressed prior written consent of NVM;

    2. use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of any of the Services, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services;

    3. reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in any form or by any means (electronic, mechanical, photocopying, recordation, photo-reproduced, or otherwise), or reproduce any of the NVM Materials or the Services;

    4. copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, or otherwise use any of the NVM Materials in any form or by any means except with the prior written authorization of NVM or the respective copyright owner; 

    5. perform any activity that may interfere with, disrupt, damage  or surreptitiously intercept or expropriate any system, data or personal information or interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; 

    6. upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features; 

    7. use the Services or any NVM Materials in a manner that infringes or misappropriates the intellectual property or personal rights of others; or

    8. intentionally or unintentionally violates applicable local, state or national law or regulation.

6. Take-Down Notices for Copyright Infringement Complaints (Digital Millennium Copyright Act)

NVM A does not tolerate any acts of intellectual property infringement or violations of applicable U.S. laws.  If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via our Services in a manner that constitutes copyright infringement, please submit a complaint and request for takedown of such specific material by post to NVM, Attn: DMCA Complaint, 3801 Mt Vernon Ave, Alexandria, VA 22305, by email to [email protected]. In your submission of a takedown request, please provide us with the following information:

  1. a detailed description of the copyrighted work that is allegedly infringed;

  2. a description of the location of the allegedly infringing material on our Services;

  3. your contact information, including your address, telephone number, and e-mail address;

  4. your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;

  5. your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and

  6. an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

We reserve the right to suspend or terminate the account, use or access to our Services or any portion thereof of users with copyright complaints (whether repeatedly or not) lodged against their content or who violate the copyrights belonging to NVM or a third party. 

7. Termination

You may terminate this Agreement at any time by discontinuing use of the Services [or closing your account by emailing [email protected] or by going to account setting and disabling your account.] NVM may, at any time and without notice, suspend, cancel, or terminate your right to use the Services in whole or in part, if you violate this Agreement, any of our policies or guidelines or for any reason. If we suspend, cancel, or terminate, in whole or in part, your use of the Services, you are no longer authorized to access such part or whole affected by such suspension, cancellation, or termination.

 

8. Disclaimer; Limitation of Liability

“NVM ENTITIES” MEANS NVM AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

OUR SERVICES, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NVM ENTITIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR FREE SERVICE,   NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

NVM ENTITIES MAKE NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, THIRD-PARTY CONTENT OR ANY THIRD-PARTY SERVICE AVAILABLE OR ACCESSIBLE TO YOU THROUGH THE SERVICES; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY OR OTHER USERS YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. NVM ENTITIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE SERVICES, OR ANY THIRD PARTY CONTENT AND SITES. USE OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES OR THE USE OF ANY THIRD-PARTY CONTENT WITHIN THE SERVICES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL NVM ENTITIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. NVM ENTITIES FURTHER MAKE NO WARRANTY AND EXPRESSLY DISCLAIMS THAT (a) THE SERVICES OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (b) THAT ANY PART OF THE SERVICES ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS; (c) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (d) THAT INFORMATION OR CONTENT THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICES OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (e) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE SERVICES WILL BE SATISFACTORY. 

YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NVM ENTITIES BE LIABLE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SERVICES. 

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE NVM ENTITIES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH APPLICABLE STATE LAW.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES OFFERED BY NVM.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN NINETY (90) DAYS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

9. Indemnification 

You agree to release, indemnify, and defend NVM Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services, (2) Your Content, (3) your conduct or interactions with other users of the Services, or (4) your breach of any part of this Agreement including the representations and warranties hereunder. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

 

10. General Terms

  1. Mobile Services. NVM offer an optional text messaging service to supporters, allowing for short communications regarding relevant and timely events, advocacy calls to action, and campaign opportunities. SMS alerts are available on AT&T, Verizon Wireless, Sprint, T-Mobile®, U.S. Cellular®, Nextel, Virgin Mobile, and others. Message frequency varies. We collect mobile phone numbers and consent to send messages when you sign up via website forms or register at a related event. Texts may include messages about NVM issues and ways to get involved. Message and data rates may apply.  If you wish to unsubscribe from text messages at any time, simply text message STOP to numbers you receive texts from via SMS to unsubscribe. You may also text HELP to numbers you receive texts from via SMS for help with any questions or concerns. You can re-subscribe at any time. Privacy Notice.

  2. Entire Agreement. This Agreement constitutes the entire agreement between NVM and you with respect to the subject matter contained in this Agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral.

  3. Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

  4. Relationship. This Agreement between you and us does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

  5. Electronic Communications. You consent to receive communications from us by email in accordance with these this Agreement, our Privacy Policy and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

Contact Us

If you have any questions about this Terms of Service, please contact us at [email protected]