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When using California Democratic Council, ("CDC") Services ("Services"), and all hardware and software operated in connection therewith ("System") you agree to the terms and conditions listed on this page (the "Terms of Use").
If you order or use any CDC Services or visit our Website, you accept these Terms of Use so please read them carefully. In addition, when you use any current or future CDC Services whether or not included in our Website, you will also be subject to our current Terms of Use.
Terms
PRIVACY. To understand our practices, please review our privacy policy that also governs your visit to our Website and use of our Services. A complete statement of our privacy policy can be found here.
OWNERSHIP. All rights that are not granted to you are reserved by CDC. The Services, System, our technology, and any updates or improvements to the Services, System, or our technology, are owned by CDC and its licensors. CDC and our licensors own all copyrights, patents, trademarks, trade secrets, and other intellectual property rights relating to or residing in our Services, System and technology. You will have no right, title, or interest in or to the same. Nothing in this Agreement will be deemed to grant, by implication, estoppel, or otherwise, a license under any of CDC or its licensor's, existing or future rights in or to the Services, System or our technology and any updates or improvements thereto. You understand that our Services, System and technology contain valuable software and confidential information and you agree that you will not modify, reverse engineer, decompile, create other works from, or disassemble any of our software without our prior written consent.
TRADEMARKS. CDC, and our graphics, logos, pageheaders, button icons, scripts, and Service names are trademarks or trade dress of CDC, Inc. CDC trademarks and trade dress may not be used in connection with any product or Service that is not provided or authorized in writing by CDC, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CDC. All other trademarks not owned by CDC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CDC.
COMMUNICATION AND CONTENT. You are responsible for the content of the messages you communicate when using our Services as well as the consequences of those messages. You agree that you will not use our Services to engage in activities that are illegal, obscene, threatening, defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties or are objectionable. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to your identity. CDC expressly reserves the right to monitor any and all use of the Services and the System. In order to ensure that we are able to provide high quality Services, you agree to allow our employees to access your account and records on a case-by-case basis to investigate complaints. We may gather system data for the purpose of optimizing the Service. This information includes, but is not limited to, data regarding memory usage, screen resolution, color palette, connection speed and efficiency. We each agree to comply with all applicable contractual obligations, privacy and other nondisclosure policies, and legal obligations with respect to use of any such data, including, policies, laws and regulations respecting the dissemination and use of such data.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. UNLESS WE OTHERWISE AGREE IN WRITING, THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. CALIFORNIA DEMOCRATIC COUNCIL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CALIFORNIA DEMOCRATIC COUNCIL DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE, SECURE, VIRUS FREE, OR WITHOUT INTERRUPTION. NEITHER OF US WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH SERVICES PROVIDED BY US (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. CDC TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICES RENDERED, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED ANY AMOUNTS ACTUALLY REALIZED BY CALIFORNIA DEMOCRATIC COUNCIL (LESS ANY PAYMENTS TO YOU) DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless CDC, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our Services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of CDC's successors, assigns and licensees.
PUBLICITY AND PRESS RELEASE. With your prior review and approval, we may issue a press release announcing your use of the Service. We may use your name or logo on our Site or in collateral marketing materials relating to the Services.
APPLICABLE LAW. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws or your actual state or country of residence.
MODIFICATION AND SEVERABILITY. We reserve the right to make changes to our site and policies at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition well be deemed severable and will not affect the validity and enforceability of any remaining condition.
OUR ADDRESS. California Democratic Council, 8124 West 3rd Street, Suite 207, Los Angeles, CA 90048.