User Agreement - Candidates, Issue Committees and Third Party Customers

YOU MUST READ THE FOLLOWING:

The following constitutes additional terms and conditions of the Agreement for Subscription and Services between the Subscriber and VotersManual.com, it's parent company and any and all subsidiaries, agents or assigns (hereinafter referred to as VotersManual.com) and this entire agreement is considered integral and key to the entire agreement.  The Subscriber agrees as follows:

• All payments made pursuant to subscription schedules shall be deemed fully earned upon payment and completion of the registration and publishing process.
• Subscriber shall be solely responsible for all information and content it provides to VotersManual.com and represents that all such information and content is accurate and fully within the bounds of permitted, relevant information, consistent with the purpose for which this site is operated and information and content which the Subscriber legally possesses and can legally disseminate. 
• All information and content provided by the Subscriber is the product of and the sole responsibility of the Subscriber.  The Subscriber shall fully indemnify, defend and hold VotersManual.com harmless as to any claim, complaint, action or investigation, regardless of the source or origination of any such action which may arise as a result of the information and content provided by the Subscriber.  Indemnification shall include all costs, expenses, damages, lost receipts, lost profits and fees of whatever kind which VotersManual.com may incur.
• Subscriber grants VotersManual.com non-exclusive rights to post and display all information and content provided by Subscriber to VotersManual.com, free from any claims of privilege, royalties, license fees, copyright or trademark protection or any other such limiting or conditional use provisions, known or unknown to the Subscriber now or in the future during the term of the subscription for service.  Subscriber shall indemnify and hold harmless VotersManual.com, as provided above, for any claim which may arise.
• Subscriber shall not copy, modify or distribute any content from VoterManual.com's site; shall not collect or harvest any information from said site relating to Voter Users or others who access or browse said site; shall not distribute viruses or other technologies which may harm or alter operation of said site or harm VoterManual.com's site users or other subscribers; shall not interfere, alter, block, disable or in anyway limit the submissions of other subscribers; and, shall not engage in any illegal activity using the site or information posted thereon.
• Subscriber shall not use any robot, spider, scraper or other automated means to access the VotersManual.com site for any purpose without VotersManual.com express, written permission.  In addition, Subscriber shall take no action to interfere with or bypass VotersManual.com use of robot exclusion headers or other means used by VotersManual.com to control access to the site.
• VotersManual.com, in addition to other remedies or actions which may be available, may limit, suspend or terminate service to Subscriber, including but not limited to terminating accounts, prohibiting access to site and additional protective measures, should VotersManual.com determine that the Subscriber is in violation of any terms of this or other agreements or is acting in violation of civil or criminal laws or regulations.
• VoterManual.com's liability for any claim by Subscriber shall be specifically limited to and shall not exceed a refund by VotersManual.com to Subscriber of any subscription or other service fees paid by Subscriber to VotersManual.com.
• VotersManual.com is not responsible to Subscriber for any actions or claims of others using or accessing the site, nor does VotersManual.com control or warrant the statements or postings of others.
• Subscriber shall release and indemnify and hold harmless VotersManual.com from any dispute or claim which Subscriber may have with other subscribers, users or third persons.
• In the event of any dispute, this and all other agreements, relationships or claims which may arise now or in the future between Subscriber and VotersManual.com shall be governed in all respects by the laws of the State of Ohio as it may apply to agreements entered into or actions taking place entirely within Ohio between Ohio residents, without regard to conflict of law provisions.  It is further agreed that the proper jurisdiction and venue for litigating and resolution of any dispute shall be Warren County, Ohio.
• Subscriber and VotersManual.com agree that any dispute, other than claims for injunctive relief or other equitable relief, where the amount in controversy, not including claims for litigation costs, interest and attorney fees, does not exceed $10,000 shall be resolved through arbitration to be conducted in Warren County, Ohio, consistent with the laws of Ohio as outlined above, by an arbitrator selected by mutual agreement of the parties or by the Ohio Center for Resolution of Disputes.  The party raising the claim and seeking resolution shall advance any required costs for arbitration.  The non-prevailing party, as designated by the arbitrator, shall be responsible to pay all costs of the arbitration process, unless otherwise allocated by the arbitrator.
• Any party found in breach of this agreement or other terms or conditions relating to a subscription for services through VotersManual.com shall be responsible for costs and attorney fees incurred by the non-breaching party.

Outage Policy:

• VotersManual.com's highest priority is its members' success. However, the VotersManual.com site occasionally experiences outages during which Candidate's, Issue Committee's and Third Party Customer's information cannot be displayed.
• There are many events, from natural disasters to power outages that can disrupt searching and displaying on VotersManual.com. When a lengthy outage occurs and the cause was under VotersManual.com's direct control, VotersManual.com does not believe Candidates and Issue Managers should incur their VotersManual.com fees for those listings that were most affected. When such outages occur that are at least one day in duration, VotersManual.com offers this Outage Policy to compensate for member inconvenience.
• In the event of such an outage of one or more days, VotersManual.com will, at your request if such request is received within thirty (30) days of the outage, credit associated fees for affected listings.
• The following method will be used for listings eligible for credit:
  Pro-rata return of fees for the number of days missed based upon the "Basic Package" price divided by 365 (see fee schedule for "Basic Package" pricing). An outage is rounded to the nearest 12 hours to count as a whole day. (e.g. A 36 hour outage will result in a 2 day prorated refund. A 35 hour outage will result in a 1 day prorated refund.)
  

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