Terms of Service
The following Terms of Service document is being made available under a Creative Commons Sharealike license.
Welcome to the CampaignLever grassroots communication and organization platform, consisting of websites, services, software applications and networks that allow organizations to conduct letter-writing campaigns and other action-based campaigns (the "CampaignLever Service").
The following terms and conditions govern all use of the CampaignLever website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by ZenPuffin Labs, LLC. ("ZenPuffin Labs"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ZenPuffin Labs’ Privacy Policy) and procedures that may be published from time to time on this Site by ZenPuffin Labs (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by ZenPuffin Labs, acceptance is expressly limited to these terms.
- Your CampaignLever Account and Site. If you create a CampaignLever site, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must immediately notify ZenPuffin Labs of any unauthorized uses of your site, your account or any other breaches of security. ZenPuffin Labs will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a CampaignLever site, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.
Without limiting any of those representations or warranties, ZenPuffin Labs has the right (though not the obligation) to, in ZenPuffin Labs' sole discretion (i) refuse or remove any content that, in ZenPuffin Labs’ reasonable opinion, violates any ZenPuffin Labs policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in ZenPuffin Labs’ sole discretion. ZenPuffin Labs will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. Optional premium paid services such as increased user account limits, increased letter writing campaign limits are available on the Website. By selecting a premium service you agree to pay ZenPuffin Labs the monthly subscription fees indicated for that service (the payment terms for CampaignLever Services are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly period as indicated. Premium service fees are not refundable.
- Premium Services.
- Fees; Payment. By signing up for a Premium Services account you agree to pay ZenPuffin Labs the setup fees and monthly hosting fees indicated at http://www.campaignlever.com/pricing/ in exchange for the services listed at http://www.campaignlever.com/pricing/. Applicable fees will be invoiced starting from the day your Premium Services are established and in advance of using such services. ZenPuffin Labs reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Premium Services can be canceled by you at anytime on 30 days written notice to ZenPuffin Labs.
- Support. Premium Services include access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by ZenPuffin Labs to respond within one business day) concerning the use of the Premium Services. "Priority" means that support for Premium Services customers takes priority over support for users of the standard, free CampaignLever services. All Premium Services support will be provided in accordance with ZenPuffin Labs standard Premium Services practices, procedures and policies.
- Responsibility of Website Visitors. ZenPuffin Labs has not reviewed, and cannot review, all of the material, including email messages, sent using the CampaignLever Service, and cannot therefore be responsible for that material's content, use or effects. By operating the CampaignLever Service, ZenPuffin Labs does not represent or imply that it endorses the material sent via or stored by the Service, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The CampaignLever Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The CampaignLever Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ZenPuffin Labs disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which CampaignLever.com links, and that link to CampaignLever.com. ZenPuffin Labs does not have any control over those non-CampaignLever websites and webpages, and is not responsible for their contents or their use. By linking to a non-CampaignLever website or webpage, ZenPuffin Labs does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ZenPuffin Labs disclaims any responsibility for any harm resulting from your use of non-CampaignLever websites and webpages.
- Copyright Infringement Policy. As ZenPuffin Labs asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CampaignLever.com violates your copyright, you are encouraged to notify ZenPuffin Labs. ZenPuffin Labs will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ZenPuffin Labs or others, ZenPuffin Labs may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, ZenPuffin Labs will have no obligation to provide a refund of any amounts previously paid to ZenPuffin Labs.
- Intellectual Property. This Agreement does not transfer from ZenPuffin Labs to you any ZenPuffin Labs or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ZenPuffin Labs. ZenPuffin Labs, CampaignLever, CampaignLever.com, the CampaignLever.com logo, and all other trademarks, service marks, graphics and logos used in connection with CampaignLever.com, or the Website are trademarks or registered trademarks of ZenPuffin Labs or ZenPuffin Labs' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ZenPuffin Labs or third-party trademarks.
- Changes. ZenPuffin Labs reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ZenPuffin Labs may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. ZenPuffin Labs may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CampaignLever account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Premium Services account, such account can only be terminated by ZenPuffin Labs if you materially breach this Agreement and fail to cure such breach within thirty (30) days from ZenPuffin Labs's notice to you thereof; provided that, ZenPuffin Labs can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". ZenPuffin Labs and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ZenPuffin Labs nor its suppliers and licensors, makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will ZenPuffin Labs, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to ZenPuffin Labs under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. ZenPuffin Labs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the ZenPuffin Labs Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless ZenPuffin Labs, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between ZenPuffin Labs and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ZenPuffin Labs, or by the posting by ZenPuffin Labs of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New Hampshire, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Strafford County, New Hampshire. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ZenPuffin Labs may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.