Terms of Service
ActionButton Terms Of Service
Effective Date: February 22, 2022
Acceptance of the Terms.
- By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to these Terms and all other operating rules, policies and procedures that may be published from time to time on the Services by us, each of which is incorporated by reference and each of which may be updated from time to time in accordance with the terms herein.
- MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “MANDATORY ARBITRATION CLAUSE & CLASS ACTION WAIVER” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- Eligibility. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. If you are above the age of 13 and below the age of majority in your jurisdiction of residence, you represent and warrant that you will only use the Services with your parent or legal guardian’s consent. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services and ability to agree to these Terms is in compliance with all laws, rules and regulations applicable to you, and that your right to access the Services is immediately revoked where these Terms are prohibited or to the extent the offering, sale, or provision of the Services conflicts with any applicable law, rule or regulation.
Licensed Software Rules and Obligations. If you interact with or create an ActionButton (referred to for purposes of these Terms as “Licensed Software”) from the Services, you represent and warrant that your use of the Licensed Software will comply with the requirements of this Section in addition to complying with the rest of these Terms:
Your License to the Licensed Software
- Subject to your compliance with the Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Licensed Software on a website or other location for which you have proper authorization (“Authorized Site”). You are not licensed to use the Licensed Software for any other purpose, and nothing in the Terms shall be deemed to grant you any right, title or interest in the Licensed Software.
- As part of your license to the Licensed Software, you agree that you will not: (a) obscure or disable any element of the Licensed Software; (b) display the Licensed Software in any way that implies partnership with, affiliation with, sponsorship, or endorsement by ActionButton or its affiliates; (c) display the Licensed Software on any site that disparages ActionButton or its affiliates in any way.
Your Data Protection Obligations
- Compliance with applicable data protection laws. You agree that your collection and use of information through the Licensed Software, if applicable, will be in compliance with all applicable data protection laws, including, without limitation, any requirements to obtain user consent to the processing of their information or otherwise having a lawful basis for information processing. It is your obligation to seek your own independent legal advice as to whether your use of the Licensed Software, and the disclosures you provide regarding your collection, use, and sharing of information through the Licensed Software, are compliant with applicable data protection laws.
- Child-directed websites and services. Unless otherwise approved by us in writing, use of the Licensed Software is prohibited on websites/services that are directed to children under 13 or for use to knowingly collect information from children under 13.
- Non-Interference with Licensed Software disclosures. The Licensed Software interface may include legal or privacy disclosures. If so, you must not take any action that would obscure or alter such information.
- Enforcement. Failure to comply with this Section 3 or the rest of the Terms in your use of the Licensed Software may result in revocation or suspension of your access to and/or use of the Licensed Software. Your access to and use of the Licensed Software may also be revoked if your site or service enables end-users or other parties to violate these terms or any other applicable terms we present to you. You acknowledge and agree that we may crawl or otherwise monitor the sites on which you have integrated the Licensed Software for the purpose of confirming compliance with these Terms.
- Your License to the Licensed Software
- Registration. When you use the Services, you must provide accurate and complete information. You shall not: (i) use a name of another person with the intent to impersonate that person; or (ii) use a name subject to any rights of a person other than you without appropriate authorization. You may never use another person’s user information for the Services. You must notify us immediately of any change in your eligibility to use the Services. If you register for the Services, you will be asked to create a username and password (“Account”). You acknowledge and agree that you are solely responsible for all activity that occurs under your Account and to be responsible for maintaining the security of your password.
- Donations. Certain aspects of our Services may be subject to payments now or in the future, including when you choose to make a donation (a “Donation”) to a designated 501(c)(3) charitable organization (a “Charity”). We may charge a fee for facilitating the transaction, which may be deducted from your Donation, and the Payment Processor (defined below) will also retain a transaction fee for facilitating the transaction. Except for the fees that both we and the Payment Processor retain, the remaining money you donate to a Charity though the Services will be distributed to that Charity. Please note that any payment terms presented to you in the process of making a Donation are deemed part of these Terms. Any Donations paid hereunder are non-refundable.
Funding Donations. When you chose to use a credit card for your Donation, we use a third-party payment processor (the “Payment Processor”) to bill you through a payment account on the Services (your “Billing Account”) for making a Donation. The processing of Donations will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to make a Donation, you agree to pay the Charity, through the Payment Processor, all Donation amounts you specify in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make Donations using that selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
- Braintree. When indicated ActionButton uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree’s payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting these Terms, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at 877.434.2894.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR NAME.
Payments for Licensed Software
- General. For information on product tiers and pricing plans, see our website page at: https://www.actionbutton.org/pricing. We may change our fees and associated features at any time, and we do not provide refunds. All fees for the Services are exclusive of taxes (such as sales, use, or value-added ), which we reserve the right to charge as applicable in your jurisdiction, and you agree to pay.
- Credit Card Processing. You must use a valid credit card to purchase a subscription on the Services. You acknowledge and agree that we use Payment Processors to process your payments.
- Notice of Automatically Renewing Subscription. By providing credit card information and agreeing to purchase any Services, you hereby authorize us (or our Payment Processor) to automatically charge your credit card on the same date of each calendar month (or the closest prior date, if there are fewer days in a particular month) during the term of your subscription (“Subscription Term”). You acknowledge and agree that the amount billed and charged each month may vary depending on your use of the Services and may include subscription fees for the remainder of your applicable billing period and overage fees for the prior month. You acknowledge that for certain credit cards, the issuer of your credit card may charge a foreign transaction fee or other charges.
- Invalid Payment.If a payment is not successfully settled due to expiration of a credit card, insufficient funds, or otherwise, you remain responsible for any amounts not remitted to us and we may, in our sole discretion, either (i) invoice you directly for the deficient amount, (ii) continue billing the credit card once it has been updated by you (if applicable) or (iii) terminate your account. At any time, you may change your credit card information by entering updated credit card information in your account or by contacting us.
- Termination of Your Account. You may terminate your Subscription Term by going into your control panel and terminating your account. Termination will be effective at the end of the current Subscription Term.
- Payment of Outstanding Fees.Upon any termination or expiration of the Subscription Term, we will charge your credit card (or invoice you directly) for any outstanding fees for your use of the Services during the Subscription Term.
Third Party Services. The Services may contain links to other websites, services or resources on the Internet (“External Sources”), and External Sources may contain links to the Services. When you access External Sources, you do so at your own risk. These External Sources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such External Sources. The inclusion of any such link does not imply our endorsement or any association between us and the External Sources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods or services available on or through any such External Source.
- Rock The Vote. Actions marked as "POWERED BY ROCK THE VOTE" are processed by third-party provider Rock The Vote. The processing of your data will be subject to the terms, conditions and privacy policies of Rock The Vote and by accepting these Terms, you agree to Rock The Vote’s terms available at https://www.rockthevote.org/privacy-policy/. We are not responsible for error by Rock The Vote.
- Care2. Actions marked as "POWERED BY CARE2" are processed by third-party provider Care2. The processing of your data will be subject to the terms, conditions and privacy policies of Care2 and by accepting these Terms, you agree to Care2’s terms available at https://www.care2.com/help/general/tos.html. We are not responsible for error by Rock The Vote.
Content and Licenses.
- Definition. For purposes of these Terms, the term “Content” includes, without limitation, any information, data, text, photographs, videos, audio clips, written posts and comments, software or Licensed Software, scripts, graphics, logos, trade names, trademarks and interactive features generated, provided, or otherwise made accessible on or through the Services.
- Notices and Restrictions. The Services may contain Content provided by us, our partners or our users that is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
- User License. Subject to these Terms and our Acceptable Use Policy we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
- Ability to Edit or Remove Content. We do not guarantee that any Content will be made available on or through the Services, or that any Content you access through the Services will be accurate or complete. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms or our Acceptable Use Policy), or for no reason at all and (ii) to remove or block any Content from the Services.
- User Feedback. We welcome and encourage you to provide feedback and suggestions for improvements to the Services (“Feedback”). You acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain the intellectual property rights and other legal protections for the Feedback.
Rules of Conduct. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms or our Acceptable Use Policy. You are responsible for all of your activity in connection with the Services, and in particular, you shall not (directly or indirectly):
- (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (v) harvest or scrape any Content from the Services; or (vi) otherwise take any action in violation of our guidelines and policies.
- (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe in good faith is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
- Termination. You may terminate your account or use of the Services at any time. If you are enrolled in an automatically renewing subscription, you must provide us with notice of termination prior to the end of your current Subscription Term by terminating your account through your control panel. In the event of termination in the middle of your Subscription Term, you are still obligated to pay any remaining fees due through the end of your Subscription Term. We may terminate your account or use of the Services at any time in our sole discretion, including as a result of your violation of these Terms or the Acceptable Use Policy. If your account or use of all or any part of the Services is terminated, this may result in the forfeiture and destruction of all information associated with your account and in our removal of any Licensed Software or Content you obtained through the Services from locations where you have included such Licensed Software or Content outside of the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access or view via the Services;
- how you may interpret or use the Content; or
- how others may integrate Licensed Software on their own sites and services and the exposure that you will have to such Licensed Software.
- You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
- THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, violation of these Terms, or infringement by you, or any third party using your identity in the Services, of any intellectual property or other right of any person or entity, including by any Content you provide, if applicable. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
- Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT OR OTHER DAMAGES IN EXCESS OF $100.00.
**MANDATORY ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS **
- Binding Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
- 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section, you must notify us in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to us at the following address: P.O. Box 811785, Los Angeles, CA. 90081. If you do not notify us in accordance with this Section, you agree to be bound by the arbitration and class-action waiver provisions of these Terms, including such provisions in any Terms revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your mailing address and (iii) a statement that you do not wish to resolve disputes with us through arbitration. If we make any changes to the Arbitration and Class Action Waiver section of these Terms (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending us written notice within 30 days of the change to the address set forth in this Section. It is not necessary to send us a rejection of a future change to the Arbitration and Class Action Waiver section of these Terms if you had properly opted out of the arbitration and class-action waiver provisions in this Section within the first 30 days after you first accepted these Terms. If you have not properly opted out of the arbitration and class-action waiver provisions in this Section, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject. This notification affects these Terms only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and us.
- Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in the Mandatory Arbitration Clause & Class Action Waiver section will be null and void. This Mandatory Arbitration Clause & Class Action Waiver will survive the termination of your relationship with us.
- Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the laws of the state of California and that Federal courts of the County of Los Angeles, California shall have exclusive jurisdiction and venue.
- Modification. We reserve the right, at any time and in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, Licensed Software, or Content), in accordance with applicable legal obligations. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following such changes constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms in effect at the time of such use.
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
- Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by a nationally-recognized overnight delivery service.
- No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
Contact. If you have questions about these Terms, you may contact us at the following address:
PO Box 811785
Los Angeles, CA 90081