Victory Guide Terms of Service

The following terms and conditions govern all use of the VictoryGuide.us website and mobile app and all content, services, and products available at or through the website and mobile app (taken together, our “Services”). Our Services are 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, our Privacy Policy), and procedures that may be published from time to time by Victory Guide (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, 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 or use any of our Services.

We may suspend or terminate Services if you do not follow our terms, and customers removed by Victory Guide may not be allowed any future access to the Services.

You understand that Victory Guide owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.

Our Services are not directed to children younger than 13 years of age, and access and use of our Services is offered only to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

If you have any questions, comments, or concerns regarding these terms or our Services, please contact us at info@victoryguide.us.

Your Account

In order to use our Services, you will be required to create an account and to select a user name and password. You agree to provide us accurate information about yourself.

You may not transfer your account to anyone else without our prior written permission.

You are responsible for maintaining the security of your account. You are fully responsible for all activities that occur under the account. You must immediately notify Victory Guide of any unauthorized uses of your account or any other breaches of security. Victory Guide will not be liable for any such acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

We may terminate or deny access to and use of Victory Guide to any individual or entity for any reason. Victory Guide will have no obligation to provide a refund of any amounts previously paid.

Privacy

Your privacy is important to us. Please review our current Privacy Policy.

The data associated with your account, including canvassing records, information about voters, and campaign statistics, are private. This data is never shared with anyone or any other campaign unless you share it yourself.

In order to provide customer support, a Victory Guide employee may access your data and account on your behalf.

Billing and Pricing

Customers who subscribe to the "regular plan" will be billed on a month-to-month basis. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Victory Guide may, at its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. 

We may change our fees and associated features. Current pricing rates are available here. We do not provide refunds for the "regular plan."  We may, at our sole discretion, provide a refund for the “basic plan” if less than 30 days have elapsed since the plan was purchased.

Victory Guide is not liable for the actions or inactions of a payment processor. If your account goes overdue or charges are reversed, we may shut down your account.

Termination of Services

We may terminate (or suspend access to) your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. Victory Guide has the sole right to decide whether you are in violation of any of the restrictions set forth in these terms.

If you wish to terminate your Victory Guide account, you may contact us at info@victoryguide.us. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using our Services.

All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, any obligation you have to pay us or indemnify us, ownership provisions, intellectual property rights, warranty disclaimers, indemnity, limitations of liability, and terms regarding disputes between us.

Third-Party Content

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Victory Guide. When you access third-party websites or use third-party services, you accept that there are risks in doing so and that Victory Guide is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. Victory Guide has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Intellectual Property

This Agreement does not transfer from Victory Guide to you any Victory Guide or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Victory Guide. The name "Victory Guide," VictoryGuide.us, and the Victory Guide logo are trademarks or registered trademarks of Victory Guide. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Victory Guide or third-party trademarks.

All text, graphics, articles, photos, and images displayed in the Services are protected by copyright. You agree to abide by all copyright notices and trademark rules and that you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Services content not owned by you, (i) without the prior consent of the owner of that Services content or (ii) in a way that violates someone else's rights.

Disclaimer of Warranties

Our Services are provided “as is.” Victory Guide 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 Victory Guide nor its suppliers and licensors make any warranty that our Services will be free of error or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Limitation of Liability

In no event will Victory Guide, 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 for substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to Victory Guide under this agreement during the twelve- (12-) month period prior to the cause of action. Victory Guide shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Other Terms

This Agreement constitutes the entire agreement between Victory Guide and you concerning the subject matter hereof, and it may be modified only by a written amendment signed by an authorized executive of Victory Guide or by the posting by Victory Guide of a revised version.

Except to the extent that applicable law, if any, provides otherwise, this Agreement and any access to or use of our Services will be governed by the laws of the state of Maryland, 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 Montgomery County, Maryland, unless submitted to arbitration as addressed in the following paragraph.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (JAMS) by three arbitrators appointed in accordance with such rules. The arbitration shall take place in the Washington, DC metropolitan area in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Victory Guide 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.

Changes to Terms

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. We reserve the right to change the terms at any time. If we make changes that are material, we will let you know by posting on VictoryGuide.us, or by sending you an email or other communication before the changes take effect. If you disagree with our changes, you should stop using our Services. Your continued use of our Services will be subject to the new terms. If you use the Services in any way after a change to the terms is effective, that means you agree to all of the changes.

Last Updated: January 12, 2018