Terms and Conditions of Use

Your Acceptance of VoteShield’s Policies

Thank you for visiting https://www.voteshield.us and/or https://www.ballotshield.us, including all subdomains (e.g. www.[state].voteshield.us and www.[state].ballotshield.us) (collectively, the “Website”), websites of VoteShield Protection Services LLC (“VoteShield”), a project of Protect Democracy Project. By using and/or visiting the Website, you agree to abide by and be bound be these Terms and Conditions of Use, as well VoteShield’s Privacy Policy. You understand that VoteShield has the right to update these policies from time to time upon posting revised policies on the Website. By continuing to use the Website, you agree to the policies as amended. If you do not agree to any of these terms, please do not use the Website. The terms “you” or “user” refer to all individuals and entities accessing the Website for any reason. The terms “us” or “we” refer to VoteShield.

Purpose of the Website

VoteShield provides online platforms available on the Website that are designed to protect the integrity of U.S. elections. The VoteShield platform analyzes voter registration databases to detect unusual activity in voter data. VoteShield tracks changes to voter rolls and identifies irregularities that may be indicative of malicious interference. The BallotShield platform analyzes absentee ballot request information to detect unusual activity with respect to absentee ballot requests. VoteShield makes its VoteShield and BallotShield platforms (collectively, the “Platforms”) available free of charge to all state and local election administrators and to select individuals. Use of the Platforms does not constitute a donation by VoteShield to any election administrator.

Website Access

VoteShield provides registered account holders with access to the Platforms. VoteShield hereby grants you permission to use the Website as set forth in these Terms and Conditions of Use, provided that you use the Website solely for non-commercial, non-partisan purposes and in complete compliance with these Terms and Conditions of Use.

Accounts and Account Security

VoteShield creates an account for each user to gain access to the Platforms. By accessing the Platforms, you represent that you are either a (i) state or local elections administrator, or (ii) an individual who is not affiliated with any political campaign and who has been approved by VoteShield to use the Platforms and who agrees to use the Platforms only for non-commercial, non-partisan purposes. You agree that your account is for your use only. If you are a state or local elections administrator, you agree that you will use your account only for as long as you remain a state or local elections administrator. If you are not a state or local elections administrator and have been approved to use the Platforms, you agree that you will use your account only for as long as you (x) remain unaffiliated with a political campaign and (y) use the Website only for non-commercial, non-partisan purposes. You are not authorized to share access to the Website with any other person or entity. In addition, you are responsible for maintaining the confidentiality of your log in information, including your password. Accordingly, you agree that you will be solely responsible to VoteShield for all activities that occur using your account, whether authorized by you or not. If you become aware of any breach of security of your account, you must notify VoteShield immediately at support@voteshield.us.

You understand that VoteShield reserves the right, in its sole discretion, to terminate your account at any time. Upon account termination, you will no longer be authorized to use the Platforms.

Labels

If you have an account, you have the ability to add labels to explain a perceived change in a voter file (“Labels”). All Labels must be truthful and accurate to the best of your knowledge, and you must update or remove any Labels if you learn new information that makes your Labels less than truthful and accurate. Labels must be appropriate for the Website and must comply with these Terms and Conditions of Use. If you place Labels, we will share the content of the Labels with other users, but we will not provide any personal information about you in connection with your Labels. You understand that VoteShield will not be liable for any use (or misuse) of your Labels by either VoteShield or by any third party. In addition, VoteShield may refuse to post or remove any Label at any time in VoteShield’s sole discretion.

Restrictions on Use

You agree that you will not share state-specific voter data obtained through the Website with those who are not authorized to view such data. In addition, you agree that you will not use the Website:

  • To post incomplete, false, or inaccurate information;
  • To advertise or offer to sell or buy any goods or services;
  • For political campaigning, recruiting votes, or soliciting support for legislative or other initiatives;
  • For commercial purposes;
  • To conduct or forward unauthorized surveys, contests, pyramid schemes, or chain letters;
  • To defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, such as rights of privacy and publicity;
  • To publish, post, upload, distribute, or disseminate within the Platforms any inappropriate, profane, defamatory, infringing, obscene, indecent, harmful, unprofessional, offensive, disruptive, or unlawful material;
  • To submit any material unless you own the rights or have received all necessary consents;
  • To submit any material that contains viruses, corrupted files, or any software or programs that may damage the operation of another’s computer;
  • To harvest or otherwise collect information about others, including email addresses, without their consent;
  • To interfere with or disrupt the integrity or performance of the Website;
  • In any way that degrades the Website’s reliability, speed, or operation;
  • In any way that restricts or inhibits any other user from using the Website in its intended purpose;
  • In any manner that tends to reflect negatively on VoteShield or Protect Democracy Project;
  • In violation of these Terms and Conditions of Use or of any other policy listed on the Website; or
  • In violation of any applicable laws or regulations.

Website Monitoring

Although VoteShield does not actively monitor, regulate, or pre-screen your use of the Website, we reserve the unconditional right (but not the obligation) to remove or edit any Labels that we, in our sole discretion, consider to be in violation of these Terms and Conditions of Use.

VoteShield has no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities. A user found in violation of these Terms and Conditions of Use may have their account deactivated.

Links to Third Party Websites

The Website includes links to third party websites. Links are provided for your convenience and do not imply endorsement by VoteShield of any third party site or operator. VoteShield has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, VoteShield will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve VoteShield from any and all liability arising from your use of the Website, as well as any third party website.

Intellectual Property Rights

VoteShield does not claim ownership of any of the voter file records available to authorized users via the the Platforms. VoteShield does, however, claim exclusive ownership of the analyses conducted by VoteShield that are made available to authorized users via the Platforms, as well as VoteShield’s proprietary change detection data, reflected in a change score. All other content on the Website, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (collectively, along with the voter files, VoteShield analyses, and change detection data, the “Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are either owned by VoteShield, or are licensed to VoteShield, and are subject to copyright and other intellectual property rights (except for works of the federal government for which there is no copyright protection). Moreover, the use of voter files is subject to applicable laws.

The Website is provided to you AS IS for your information only, and the Content and the Marks may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, other than as authorized herein, without the prior written consent of VoteShield (or, if applicable, the respective owners). VoteShield reserves all rights not expressly granted in and to the Website, the Content, and the Marks. You agree not to engage in the use, copying, or distribution of any of the Content or the Marks other than as expressly permitted herein. If you download or print a copy of the Content for authorized purposes, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted Content or by using the Marks. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. The restrictions in this section do not apply with respect to any portion of the Website that is explicitly provided through an open source license.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VOTESHIELD AND PROTECT DEMOCRACY PROJECT, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. VOTESHIELD AND PROTECT DEMOCRACY PROJECT MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OR FROM THE WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED, AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

Limitation of Liability

IN NO EVENT SHALL VOTESHIELD OR PROTECT DEMOCRACY PROJECT OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED, AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VOTESHIELD AND PROTECT DEMOCRACY PROJECT ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE MAXIMUM AMOUNT OF DAMAGES ATTRIBUTABLE TO VOTESHIELD AND PROTECT DEMOCRACY PROJECT RELATING TO THIS WEBSITE SHALL BE ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT VOTESHIELD AND PROTECT DEMOCRACY PROJECT SHALL NOT BE LIABLE FOR LABELS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

By using the Website, you agree to release VoteShield and Protect Democracy Project, and their officers, directors, employees, and agents, from any liability arising from Labels posted by others. In addition, you agree to indemnify, defend, and hold harmless VoteShield and Protect Democracy Project, and their officers, directors, employees, and agents, from any and all claims, causes of action, damages, judgments, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third party right, or of any law, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that any of your Labels violate these Terms and Conditions of Use, including any third party right, or any law. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Website.

Assignment

These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VoteShield without restriction.

Ability to Accept Terms and Conditions of Use

You affirm that you have reached the age of majority in your jurisdiction, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use.These Terms and Conditions of Use shall be governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. Any claim or dispute between you and VoteShield that arises, in whole or in part, from the Website shall be decided exclusively by a court of competent jurisdiction located in the District of Columbia. These Terms and Conditions of Use, together with the Privacy Policy and any other legal notices published by VoteShield on the Website, shall constitute the entire agreement between you and VoteShield concerning the Website. If any provision of these Terms and Conditions of Use is deemed invalid by a court of competent jurisdiction, such provision shall be restated in accordance with applicable law to best reflect the intention of the parties, and the remaining provisions of these Terms and Conditions of Use shall remain in full force and effect. No waiver of any term of this these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and VoteShield’s failure to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision. YOU AND VOTESHIELD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

General

These Terms and Conditions of Use shall be governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. Any claim or dispute between you and VoteShield that arises, in whole or in part, from the Website shall be decided exclusively by a court of competent jurisdiction located in the District of Columbia. These Terms and Conditions of Use, together with the Privacy Policy and any other legal notices published by VoteShield on the Website, shall constitute the entire agreement between you and VoteShield concerning the Website. If any provision of these Terms and Conditions of Use is deemed invalid by a court of competent jurisdiction, such provision shall be restated in accordance with applicable law to best reflect the intention of the parties, and the remaining provisions of these Terms and Conditions of Use shall remain in full force and effect. No waiver of any term of this these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and VoteShield’s failure to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision. YOU AND VOTESHIELD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: May 20, 2021

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