POLITICALSHEEPDOG.COM welcomes you to its Website. POLITICALSHEEPDOG.COM is a public policy auction system that attempts to promote legislative adoption of more efficient public policies by creating a free market for the savings gained for consumers by such policies, thereby giving a monetary incentive for the research and development of more efficient public policies for consumers by allowing the public and the innovators of such policies to share in the resulting economic benefit.
Policy innovators and PoliticalSheepdog.com negotiate for the right to receive the monetary incentive (which is a portion of the savings generated from the improved efficiency of a given public policy) PoliticalSheepdog.com auctions off some of that right to constituents, who lobby for that legislation. In the registration process, information is collected on the participants of the PoliticalSheepdog.com system. The savings gained by implementation of the efficient public policy is estimated, and shares are established each representing a portion of the approximate savings.
An “innovators auction” may then be conducted to determine the proportion of savings due to competing innovators’, when there are competing innovators. An active auction for constituents begins once the ownership for the initial innovator and an estimate of savings for consumers is established. In the constituent lobbyist auction, constituents bid for shares in the savings developed from the implementation of the policy. A constituent or group wins a bid if their bid is among the lowest in their particular legislative district or area to win support of the legislator, if their legislator supported the enactment of the policy, if the policy is enacted and enforced, and if the policy produced savings for the consumer.
This user agreement (“Agreement”) describes the terms and conditions applicable to your use of our basic services, including but not limited to registration and participation in auctions, available under the domain name www.politicalsheepdog.com (the “Site”). Politicalsheepdog.com, L.L.C. (“Politicalsheepdog”) will allow you to use the Politicalsheepdog.com website (the “Site”), including participating in auctions, on the condition that you accept the terms and conditions as set forth in the Agreement below.
RULES FOR CONSTITUENT LOBBYISTS, INNOVATORS, ACTIVIST/ORGANIZERS, CANDIDATES, AND POLITICAL CONSULTANTS
A complete set of Rules for registration and participation in various auctions can be found in RULES FOR CONSTITUENT LOBBYISTS, RULES FOR INNOVATORS (Appendix A), RULES FOR ACTIVIST/ORGANIZERS, RULES FOR CANDIDATES, AND RULES FOR POLITICAL CONSULTANTS. If you intend to participate in auctions as a Constituent Lobbyist, Innovator, and or Activist/Organizer, you hereby confirm that you have carefully read and familiarized yourself with the respective Rules posted by POLITICALSHEEPDOG.COM on this Site.
POLITICALSHEEPDOG.COM reserves the right to update this Agreement at any time without notice to you. Unless explicitly stated otherwise, any new features that augment or enhance the current Politicalsheepdog.com Services, shall be subject to this User Agreement. The most current version of the Agreement can always be viewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.
IMPORTANT – READ CAREFULLY BEFORE USING POLITICALSHEEPDOG.COM. BY USING ALL OR ANY PORTION OF THIS WEBSITE OR BY CLICKING ON THE “I ACCEPT” BUTTON BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT AND YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE JUST AS ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IFYOU CLICK ON THE “I DO NOT ACCEPT” BUTTON, YOU WILL NOT BE ABLE TO USE THIS WEBSITE AND PARTICIPATE IN AUCTIONS. DO NOT CLICK ON THE “I ACCEPT” BUTTON UNTIL YOU CAREFULLY READ, UNDERSTAND AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE “I DO NOT ACCEPT” BUTTON, DO NOT USE OR ACCESS OUR SERVICES, AND EXIT THE WEBSITE.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
You hereby confirm that you have carefully read and familiarized yourself with the Privacy Policy posted by POLITICAL SHEEPDOG.COM on this Site.
DEFINITIONS
A “User” is anyone who accesses and uses the PoliticalSheepdog.com Website.
“Politicalsheepdog” means, Politicalsheepdog.com, Inc.
“Registration” means providing address and personal information to identify the participants and to align constituents with their candidates and legislators.
“Auction” means the process in which participants bid for shares in the estimated savings for consumers developed from implementation of the proposed policy or a process by which innovators bid for a share in a public policy.
“Participant” means a user of this Site that has registered on this Site and 1) actively engages in an Auction as a constituent lobbyist, 2) designs a policy for legislation as an innovator, 3) promotes PoliticalSheepdog.com and its policies as an activist/organizer, 4) uses PoliticalSheepdog.com to contact political consultants or their constituents as a candidate, or 5) uses PoliticalSheepdog.com to contact candidates or the constituents’ of candidates as a political consultant. Activist/organizers may also bid for their constituent client, inform their constituent clients, and organize their clients to lobby.
“Constituent Lobbyist” means a user of this Site who has registered on this Site as a constituent, who bids in an auction and who lobbies on the PSD schedule.
“Activist/Organizers” are participants who promote PoliticalSheepdog.com and its supported policies to their communities. Activist/organizers may also bid for their constituents, help them with candidate selection, and explain politics and legislation to their constituents.
An “Innovator” is a participant involved in the creation and development of the design of a public policy.
A “Candidate” is anyone who has registered to campaign for public legislative office with the state, local or federal election board.
A “Political Consultant” is anyone who sells their services to candidates to help them win their campaigns.
“Services” means the user registration, E-mail, auctions, poster boards and any other services provided by politicalsheepdog.com on this Site.
ELECTRONIC COMMUNICATIONS
When you visit Politicalsheepdog.com or send E-mails to us, you are communicating with us electronically. You consent to receive electronic communications from PoliticalSheepdog.com, from Activists/Organizers, from Constituents, and from Candidates and their political consultants, from Innovators and their political consultants, and from their Political Consultants, who use the PoliticalSheepdog.com Web site. We will communicate with you by E-mail or by posting notices on this Site. Such electronic communications include, but are not limited to, newsletters and announcements for the initiation of auctions for new legislation. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. You agree to receive communication through PoliticalSheepdog.com from Candidates, from their Political Consultants and from PoliticalSheepdog.com Activist/Organizers. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM CANDIDATES, FROM CONSTITUENTS, FROM POLITICAL CONSULTANTS AND FROM ACTIIVIST/ORGANIZERS THROUGH THE SITE SHALL CREATE ANY OBLIGATION OR LIABIILITY ON THE PART OF POLITICAL SHEEPDOG.COM NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOUR POLITICALSHEEPDOG.COM ACCOUNT
If you use this Site, your are responsible for maintaining the confidentiality of your account and password and for restricting your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify Politicalsheepdog.com of any unauthorized use of your password or account or any other breach of security. POLITICALSHEEPDOG reserves the right to refuse service, remove content, or terminate accounts in their sole discretion.
PARTICIPANT ELIGIBILITY
Our services are available to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under the age of eighteen or to temporarily or permanently terminated participants. If you do not qualify, do not use this Site.
Your Politicalsheepdog.com account and Login ID may not be transferred or sold to another party.
You expressly acknowledge that certain jurisdictions may have laws, which prohibit your participation with the PoliticalSheepdog.com system. The company reserves the right to terminate this Agreement, to refuse to operate in a jurisdiction, and/or to deny compensation if, in the Company’s sole discretion, it determines that the participation of the applicant would be illegal in a jurisdiction and that the laws making the participation illegal are Constitutional.
FEES AND SERVICES
Registering, participating in our E-mail and/or constituent lobbyist services, and participating in an auction are free services. We reserve the right to request a copy of your voter registration card and, if you participate in a primary and general election, proof of payment to your legislator’s campaign in primary and general election auctions.
You understand and agree that the services provided by Politcalsheepdog.com are provided AS-IS and that Politcalsheepdog.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract, that you are legally registered to vote under your registered name in a state or territory of the United States, that you have not registered to vote under any other name, and are not a person barred from voting under the laws of the United States.
You agree to (1) Provide true, current, complete and accurate information about yourself in the Site’s Registration form (Registration Information; and (2) maintain and promptly update the Registration Information to keep it true, current, complete, and accurate. If you provide any information that is untrue, not current, incomplete, or inaccurate, or Politcalsheepdog.com has reasonable grounds to suspect that such information is untrue, not current, incomplete, or inaccurate, Politcalsheepdog.com has the right to suspend or terminate your use of the Site.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site without the prior consent of PoliticalSheepdog.com.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, including without limitation any and all copyright, patent and trade secrets, in the software, text, images, photographs, graphics, and other content or technology provided on or through the Site ("Content"), and the selection, coordination, and arrangement of such Content, are owned by Politicalsheepdog.com and are protected under all copyright, patent and other applicable intellectual property and proprietary right laws of the United States and other countries.
You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or Content, in whole or in part, without the express written consent of Politicalsheepdog.com.
Unless specifically and expressly permitted by Politcalsheepdog.com, you agree not to modify, adapt or translate the Software for the Politcalsheepdog.com Web site.
No Content, Services, or other part of this Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Politicalsheepdog.com authorizes you to view, copy, download and print pages or documents available from the Site, subject to the following conditions:
The pages or documents may be used solely for personal, non-commercial and informational purposes, except as permitted by PoliticalSheepdog.com.
The pages or documents may not be modified in any way.
No copyright, trademark, or other proprietary notices may be removed from any of the pages or documents.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs from the Services is granted, provided that (1) the Politicalsheepdog.com copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Politicalsheepdog.com Site. Elements of the Politicalsheepdog.com Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No Politicalsheepdog.com logo, graphic, or image from the Politicalsheepdog.com Site may be copied or retransmitted unless expressly permitted by Politicalsheepdog.com.
POLITICALSHEEPDOG.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. POLITICALSHEEPDOG.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL POLITICALSHEEPDOG.COM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POLITICALSHEEPDOG.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES DESCRIBED HEREIN AT ANY TIME.
COPYRIGHT COMPLAINTS
POLITICALSHEEPDOG respects the intellectual property rights of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in any way that constitutes copyright infringement, please provide the written information described below to Politicalsheepdog.com’s copyright agent. This procedure is exclusively for notifying Politicalsheepdog.com that you believe that your copyrighted work has been infringed.
An electronic or physical signature of the copyright owner or the person authorized to act on his or her behalf.
A description of the copyrighted work that you claim has been infringed.
A detailed description of the material and location on the Site that you believe is infringing your work.
Your statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or law.
Your address, telephone number, and E-mail address.
A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or one authorized to act on his or her behalf.
Politicalsheepdog.com’s Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
Copyright Agent
Politicalsheepdog.com
P.O. Box 6
Gibson Island, Maryland 21056-0006
TRADEMARK RIGHTS
All rights in the POLITICALSHEEPDOG.COM trademarks, service marks and logos, and in all other marks, logos, and product or service names displayed on the Site (collectively, the " POLITICALSHEEPDOG.COM Marks") are owned by POLITICALSHEEPDOG.COM or its third-party licensors and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of the POLITICALSHEEPDOG.COM Marks is expressly prohibited and nothing herein or implied through the use of the Site, Services or Content confers on you any license or right in or to the POLITICALSHEEPDOG.COM Marks.
The Site may contain links to other sites on the Internet. These other sites are not under the control of POLITICALSHEEPDOG.COM, and you hereby acknowledge that POLITICALSHEEPDOG is not and cannot be responsible or liable for the accuracy, copyright compliance, legality, decency, or any other aspect of the content or accessibility of such sites. The inclusion of such a link does not in any way imply endorsement of the linked site by POLITICALSHEEPDOG.COM or, except as expressly stated in the Site, any association with the operators of such linked sites.
SECURITY
You are prohibited from violating, or attempting to violate, the security of this Site or of any Services or Content provided herein. Any violations may result in criminal or civil liability. Politicalsheepdog.com reserves the right to investigate any alleged violations and to cooperate with law enforcement agencies. Examples of security violations include, but are not limited to, the following:
Providing false or inaccurate biographical information or other information for the purposes of contacting POLITICALSHEEPDOG, using the Services, and/or requesting information from POLITICALSHEEPDOG;
Accessing data not intended for you;
Attempting to probe, scan, or test the vulnerability of the Site and its Services; and/or
Attempting to interfere with the Site.
UNACCEPTABLE USE
You agree to access this Site and to use the Services and Content only for legitimate purposes. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
YOUR INFORMATION
“Your Information” is any information you provide to us or to other users in the registration, auction or E-mail features. You are solely responsible for Your Information.
RESTRICTED ACTIVITIES
Your Information and your use of the Site shall not: (1) be false, inaccurate, fraudulent, or misleading; (2) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or right of privacy or publicity; (3) violate any law, statute, ordinance or regulation; (4) be defamatory, libelous, unlawfully threatening or unlawfully harassing; (5) be obscene; (6) contain any viruses, worms, Trojan horses, time bombs, or other computer program routines that are meant to damage, interfere with, or expropriate any system, data or personal information; (7) generate commercial solicitation, chain letters, or any form of “SPAM”; and (8) create liability for POLITICALSHEEPDOG.COM or cause POLITICALSHEEPDOG.COM to lose (in whole or in part) the services of our ISPs.
RESTRICTION OF SERVICES; AND RIGHT OF REFUSAL
You agree that PoliticalSheepdog.com, in its sole discretion without liability to you, may refuse to accept the registration of any policy or delete any text on its bulletin boards. PoliticalSheepdog.com also may in its sole discretion and without liability to you, delete any registered policy or delete any text on its bulletin boards.
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It is PoliticalSheepdog.com’s policy to refuse any policy, which is efficient for auction, designed to harm or unduly prejudice any particular group of nationals, based on race, religion, nationality or origin.
It is PoliticalSheepdog.com’s policy to encourage the use of markets, wherever possible. As a result, PoliticalSheepdog.com may refuse any policy, which allows the government to dictate prices or fees for goods and services, unless such dictates can not be avoided due to the impossibility of a market, because we at PoliticalSheepdog.com believe that such acts would result in dynamic inefficiency for consumers.
PoliticalSheepdog.com may refuse any policy, which PoliticalSheepdog.com, by its own discretion, believes may impair dynamic efficiencies or result in excessive transaction costs.
PoliticalSheepdog.com reserves the right to refuse any policy that may otherwise be efficient for auction.
You expressly acknowledge that certain jurisdictions may have laws, which prohibit some aspect of the PoliticalSheepdog.com system. The company reserves the right to terminate this Agreement, to refuse to operate in a jurisdiction, and/or to deny compensation if, in the Company’s sole discretion, it determines that some aspect of the PoliticalSheepdog.com system would be illegal in a jurisdiction and that the laws making the aspect of the PoliticalSheepdog.com system illegal are Constitutional.
CENSORSHIP OF TEXT ON BULLETIN BOARD
PoliticalSheepdog.com also may in its sole discretion delete any text on its bulletin boards, which it feels is morally objectionable. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of third parties, racially, ethnically or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. PoliticalSheepdog.com’s failure to censor material posted on the Bulletin Board by third parties does not constitute endorsement by PoliticalSheepdog.com and PoliticalSheppdog.com shall not be held liable for communications placed on the Bulletin Board by third parties.
GOVERNMENT EMPLOYEES
If an applicant is an employee of a Federal, state or local government with jurisdiction in the United States, the applicant must notify the Company by certified mail and may, in the Company’s discretion be required to pay for legal review to determine whether or not the applicant can participate in a way and in what ways the government employee may participate in PoliticalSheepdog.com system and whether or not the applicant can legally receive compensation, when participation is legal. The company reserves the right to terminate this Agreement, to refuse to operate in a jurisdiction, and/or to deny compensation if, in the Company’s sole discretion, determines that the participation of the applicant would be illegal and that the laws making the participation illegal are Constitutional. If PoliticalSheepdog.com can not legally pay out winnings in an auction directly to the participant, who is a government employee, at any level of government, including state, local, and United States federal governments, either as a lobbying constituent or as a policy innovator, PoliticalSheepdog.com will not provide such compensation. If you are paid in error, you agree to void any payments by PoliticalSheepdog.com to you and to return those payments to PoliticalSheepdog.com. If you are a government employee, who can legally participate, but can not receive compensation, you can only place a zero bid in an auction. You agree to protect PoliticalSheepdog.com and accept complete responsibility and liability for any disruption in the auction or acceptance of payments as a bidding lobbying constituent or as a policy innovator for policies involving PoliticalSheepdog.com.
LINKS TO OTHER WEB SITES
Our Site may provide links to other Web Sites. Because Politicalsheepdog.com has no control over such sites, you acknowledge and agree that Politicalsheepdog.com is not responsible or liable for the availability of any such site, or the content or other materials available from such site. You further acknowledge and agree that Politicalsheepdog.com shall not be responsible or liable, directly or indirectly, for any damage or loss cause or alleged to be caused by or in connection with use or reliance on any such content, goods or services available on or through any such site.
TERMINATION RIGHTS
POLITICALSHEEPDOG reserves the right, in its sole discretion, to suspend or terminate your access to all or part of the Site or to any of the Services or Content and/or to remove any Content posted on the Site or through your use of the Services, at any time and for any reason, with or without notice.
REPRESENTATIONS AND WARRANTIES
You hereby represent, warrant and covenant to POLITICALSHEEPDOG as follows:
You have the authority to enter into this Agreement and to perform the obligations hereunder;
You shall be and will continue to be in compliance with this Agreement and all applicable laws, statutes, rules, regulations and policies of all applicable worldwide jurisdictions and the instrumentalities and political subdivisions thereof, including, without limitation, all nations, states, provinces and territories;
You shall not use this Site, Services or Content for any unauthorized or unlawful purpose. You shall not use or allow any third party to use this Site or the Services for any unauthorized or unlawful purpose or in furtherance of any unauthorized or unlawful purpose;
You shall take all necessary precautions to preserve the privacy of other users and the security of the Site, Services and Content in accordance with this Agreement; and
You shall not upload, post, email, transmit or otherwise make available via the Site or Services any false or inaccurate biographical or other information.
INDEMNITY
You agree to defend, indemnify and hold harmless POLITICALSHEEPDOG, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any and all claims, demands, losses, damages, liabilities, obligations, judgments, costs, charges and expenses, including reasonable attorneys' fees, arising out of, in connection with or based upon, (i) your breach of any representation or warranty made herein; (ii) your use of, or inability to use, the Site, Services or Content, (iii) the content or information you submit, post, transmit or make available through the Site; (iv) your connection to the Site, or (v) your violation of any rights of another. You shall not settle or dispose of any threatened or pending claim in a manner that would prejudice POLITICALSHEEPDOG, without POLITICALSHEEPDOG’s prior written consent.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SITE, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS. POLITICALSHEEPDOG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
POLITICALSHEEPDOG MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR CONTENT OFFERED HEREIN WILL MEET YOUR REQUIREMENTS, (ii) YOUR ACCESS AND USE OF THE SITE, SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, (iii) and THE QUALITY OF ANY INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU IN THE PUBLICLY ACCESSIBLE AREAS OF THE SITE, SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS.
DOWNLOADING OR ACCESSING ANY CONTENT OR SERVICES THROUGH THIS SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POLITICALSHEEPDOG OR THROUGH OR FROM THE SITE, SERVICES OR CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU UNDERSTAND THAT POLITICALSHEEPDOG.COM IS A START-UP COMPANY AND MAY SUFFER FROM LACK OF FUNDING. AS A RESULT, YOU AGREE TO HOLD POLITICALSHEEPDOG AND ITS OFFICERS FREE FROM LIABILITY AS THE RESULT OF INADEQUATE FUNDING, INCLUDING INADEQUATE FUNDING TO DETERMINE IF AND HOW AN AUCTION CAN RUN IN A STATE.
POLITICALSHEEPDOG.COM CANNOT GUARANTEE THAT THERE WILL BE SUITABLE LEGISLATION FOR ITS AUCTIONS.
POLITICALSHEEPDOG.COM CAN NOT GUARANTEE THAT WE WILL BE ABLE TO ATTRACT ENOUGH BIDDING CONSTITUENTS TO PERSUADE LEGISLATORS TO PASS THE POLITICALSHEEPDOG.COM SUPPORTED LEGISLATION.
POLITICALSHEEPDOG.COM WILL RESERVE THE DISCRETIONARY RIGHT TO SET THE SCHEDULE FOR AUCTIONS IN A WAY THAT BALANCES THE EFFICIENT SCHEDULING OF THE LOBBYING ACTIVITY FOR CONSTITUENTS WITH THE FLEXIBILITY TO ENSURE THAT THE LOWEST BIDDING CONSTITUENTS OBTAIN AN OPPORTUNITY TO LOBBY, WHEN WE ARE UNABLE TO CONTACT THEM AT THE APPOINTED TIME. WE RESERVE THE DISCRETIONARY RIGHT TO CHANGE APPOINTMENTS. POLITICALSHEEPDOG.COM RESERVES THE DISCRETIONARY RIGHT TO PLACE AVAILABLE, BUT HIGHER BIDDING CONSTITUENTS AHEAD OF LOWER BIDDING CONSTITUENTS, WHEN A CONSTITUTENT MISSES THEIR SCHEDULED APPOINTMENT TO ALLOW AS MANY CONSTITUENTS AS POSSIBLE TO LOBBY.
IF YOU CHOOSE TO USE AN ACTIVITIST/ORGANIZER OR POLITICAL CONSULTANT LISTED WITH POLITICALSHEEPDOG.COM, YOU ACKNOWLEDGE THAT THEIR LISTING IS NOT AN ENDORSEMENT AND THAT POLITICALSHEEPDOG.COM IS NOT LIABLE FOR ANY ACTIONS BY THE RESPECTIVE ACTIVIST/ORGANIZER OR POLITICAL CONSULTANT.
YOU UNDERSTAND AND ACKNOWLEDGE THAT POLITICALSHEEPDOG.COM HAS NO CONTROL OVER LEGISLATORS OR LEGISLATURES. IF LEGISLATORS OR LEGISLATURES CHANGE THE LAW TO REDUCE OR EXCLUDE POLITICALSHEEPDOG.COM FROM ITS NEGOTIATED PAYMENT AGREED TO BY THE LEGISLATORS THAT POLITICALSHEEPDOG.COM CAN REDUCE YOUR WINNINGS OR REFUSE TO PAY ANY WINNERS UNTIL THE PREVIOUSLY AGREED TO LEGISLATIVE LANGUAGE HAS BEEN REPLACED. YOU AGREE TO SUPPORT THE PAYMENT OF POLITICALSHEEPDOG.COM, ITS LEGISLATIVE INNOVATORS, AND ITS CONSTITUENT LOBBYISTS THEIR CONTRACTUAL OR NEGOTIATED PAYMENTS. LEGISLATORS MAY CLICK ON THE “SUPPORT” BUTTON DURING THE SECOND PHASE OF AN AUCTION, SIGNALING THEIR SUPPORT OF LEGISLATION AND MAY CHANGE THEIR MINDS AND VOTE AGAINST THE LEGISLATION.
THE ESTIMATE OF AVAILABLE FUNDS FOR AN AUCTION IS THE RESPONSIBILITY OF THE INNOVATOR OF THE POLICY. THE INNOVATOR ACCEPTS FULL AND COMPLETE LIABILITY FOR THE ESTIMATE OF AVAILABLE FUNDING AND POLITICALSHEEPDOG.COM ACCEPTS NO LIABILITY FOR THAT CLAIM. IT IS CALLED AN ESTIMATE BECAUSE IT IS ONLY AN ESTIMATION, WHICH MAY BE DIFFERENT THAN THE FINAL SAVINGS AGREED TO BY POLITICALSHEEPDOG.COM, THE INNOVATOR AND THE APPROPRIATE GOVERNMENT. AS A RESULT, YOU WILL NOT HOLD POLITICALSHEEPDOG RESPONSIBLE OR LIABLE FOR ANY INACCURACY RELATED TO AN ESTIMATE, UNLESS POLITICALSHEEPDOG IS THE INNOVATOR.
WHILE POLITICALSHEEPDOG.COM WILL TRY TO ENSURE THAT CONSTITUENTS ONLY CONTRIBUTE TO THEIR RESPECTIVE CANDIDATES AND LOBBY THEIR RESPECTIVE LEGISLATORS, YOU WILL NOT HOLD POLITICALSHEEPDOG.COM LIABLE FOR MISTAKES IN ALIGNMENT OR OUR EFFORTS TO FIND A FAIR SOLUTION TO THOSE MISTAKES.
You understand that PoliticalSheepdog will only operate in jurisdictions, where the management believe that it can operate legally and can refuse to operate in jurisdictions, where it believes that its operation would be illegal.
PARTICIPATION IN AN AUCTION SHALL CONSTITUTE ACCEPTANCE OF THESE CONDITIONS.
YOU UNDERSTAND THAT POLITICALSHEEPDOG.COM AUCTION SYSTEM IS IN THE EARLY STAGES OF DEVELOPMENT. AS A RESULT, THE AUCTION SOFTWARE MAY FAIL TO WORK AS PLANNED AND MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE THE SYSTEM OR OTHER FAILURES AND DATA LOSS. THE AUCTION DESIGN MAY FAIL TO WORK AS PLANNED. CONSTITUENT LOBBYISTS MAY NOT PERSUADE LEGISLATORS ADEQUATELY OR ACTIVELY ENOUGH TO PASS LEGISLATION. LEGISLATORS MAY REFUSE TO WORK WITH THE CONSTITUENTS, WHO PARTICIPATE IN AUCTIONS AND LOBBYING WITH POLITICALSHEEPDOG.COM. THEY MAY REFUSE TO ACCEPT THE CONCEPT OF POLITICALSHEEPDOG.COM PROPERTY RIGHTS FOR THE DEVELOPMENT OF LEGISLATION OR PAID CONSTITUENT LOBBYISTS. THEY MAY REFUSE TO ALLOW POLITICALSHEEPDOG.COM TO HAVE A SHARE OF THE SAVINGS CREATED FROM THE SAVINGS DEVELOPED BY POLICIES, ASSOCIATED WITH POLITICALSHEEPDOG.COM. AS A RESULT, YOU WILL HOLD POLITICALSHEEPDOG.COM FREE FROM LIABILITY AS THE RESULT OF THESE UNKNOWNS. YOU ALSO UNDERSTAND THAT POLITICALSHEEPDOG.COM RETAINS THE RIGHT TO CHANGE THE AUCTIONS RULES TO PROMOTE FAIRNESS OR PARTICIPATION IN THE AUCTION. YOU UNDERSTAND THAT IF POLITICALSHEEPDOG.COM FAILS TO FIND THE CORRECT BALANCE BETWEEN FAIRNESS AND PARTICIPATION THAT POLITICALSHEEPDOG.COM WILL FAIL AND THAT FAILURE WILL BE BORNE BY POLITICALSHEEPDOG.COM, WHICH WILL BE THE EXTENT OF ITS LIABILITY TO YOU.16. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POLITICALSHEEPDOG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF POLITICALSHEEPDOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE, SERVICES OR CONTENT; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SITE, SERVICES OR CONTENT, INCLUDING USERS OF THE BULLETIN BOARD AND COMMUNICATION BY INNOVATORS, ACTIVIST/ORGANIZERS, POLITICAL CONSULTANTS AND CANDIDATES; OR (d) ANY OTHER MATTER RELATING TO THE SITE, SERVICES OR CONTENT.
IF YOU PARTICIPATE IN AN AUCTION FOR CONSTITUENT LOBBYISTS, IN NO EVENT SHALL POLITICALSHEEPDOG BE LIABLE FOR MORE THAN THE TOTAL OF YOUR LOST BIDS, AND ONLY IF YOU ARE IN THE WINNING POOL, ONLY IF THE LAW IS PASSED, ONLY IF THE SAVINGS FROM THE POLICY ARE AGREED TO AS ADEQUATE, ONLY IF THE CONSTITUENT LOBBIED ACCORDING TO THE PSD SCHEDULE OR ADJUSTED SCHEDULE, AND ONLY IF THE GOVERNMENT PAYS POLITICALSHEEPDOG.COM THE LEGISLATED COMPENSATION TO DISTRIBUTE TO WINNING CONSTITUENT LOBBYISTS AND INNOVATORS WITH ENACTED POLICIES. IF THE ENACTED LEGISLATION CALLS FOR THE GOVERNMENT TO PAY WINNING CONSTITUENT LOBBYISTS, YOU WILL NOT HOLD POLITICALSHEEPDOG LIABLE FOR THE FAILURE OF THE GOVERNMENT TO PAY APPROPRIATE COMPENSATION.
THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. POLITICALSHEEPDOG S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
MODIFICATION OF THIS AGREEMENT
POLITICALSHEEPDOG reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms of this Agreement. Your use of the Site, Services or Content after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Site, Services, or Content. The date of the last revisions made to the terms of this Agreement is indicated below.
GENERAL INFORMATION
Entire Agreement. This Agreement constitutes the entire agreement between you and Politicalsheepdog.com and governs your use of the Site and Content offered herein, unless superceded by any other agreements between you and Politicalsheepdog.com. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software.
Governing Law. THIS AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND POLITICALSHEEPDOG SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MARYLAND WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND POLITICALSHEEPDOG AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN BALTIMORE, MARYLAND.
Dispute Resolution. Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order or preliminary injunction to preserve the status quo or prevent irreparable harm pending the selection and confirmation of a panel of arbitrators, and for the right of PoliticalSheepdog.com to bring suit on an open account for simple monies owed and past due to PoliticalSheepdog.com, any dispute arising under this Agreement shall be resolved through a mediation-arbitration approach. The parties agree to first try to resolve the dispute informally with the help of a mutually agreed-upon mediator. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit their dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
The arbitration may be conducted by one impartial arbitrator by mutual agreement or by three arbitrators, if the parties are unable to agree on a single arbitrator within 30 days of first demand for arbitration. All arbitrators are to be selected from a panel provided by the American Arbitration Association. The chair shall be an attorney at law, and the other arbitrators shall have a background or training in computer law, computer software technology or marketing of computer software products.
Upon request of a party, the arbitrators shall have the authority to permit discovery to the extent they deem appropriate. A court reporter shall record the arbitration hearing and the reporter’s transcript shall be the official transcript of the proceeding. The arbitrators shall have no power to add or detract from the agreements of the parties and may not make any ruling an award that does not conform to the terms and conditions of the Agreement. The arbitrators shall have the authority to grant injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law. The arbitrators shall not have authority to award punitive damages or any other damages not measured by the prevailing party’s actually damages. The arbitrators shall specify the basis for any damage award and the types of damages awarded. The decision of the arbitrators shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party.
The prevailing party in the arbitration proceedings shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceeding, unless the arbitrators shall for good cause determine otherwise.
No Waiver. The failure of POLITICALSHEEPDOG to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
General Guidance. Any information supplied by POLITICALSHEEPDOG or any of its employees or agents, through this Site or any other means of communication, is intended solely as general guidance, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
Printed Version. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CONTACT INFORMATION
IF YOU HAVE ANY QUESTIONS RELATED TO THIS AGREEMENT, PLEASE USE THE CONTACT INFORMATION ON THE SITE.
APPENDIX A
INNOVATOR AGREEMENT
This agreement is made on this day of , by the undersigned (hereinafter referred to as the Innovator) and PoliticalSheepdog.com at P.O. Box 6, Gibson Island, Maryland 21056-0006 (hereinafter referred to as the Company).
WITNESSETH
WHEREAS, the Company and Innovator desire to enter into an agreement for the participation of the Innovator in proposing legislative policies in connection the Company’s market system for identifying and enacting more legislative policies, which are efficient for consumers;
WHEREAS, the Company desires the development and identification of policies that provide long term efficiency for consumers, and desires to compensate Innovator by payment of a portion of the estimated consumer’s cost savings to be gained by having their proposed policy successfully enacted, and the Innovator desires the application of the Company’s auctions to encourage the enactment of the Innovator’s policy into legislation in a jurisdiction for which the appropriate fees have been paid to The Company; and desires to accept such compensation for their participation.
NOW, THEREFORE, in consideration of the premises and of the mutual promises hereinafter contained, the parties hereto agree as follows:
CONDITIONS PRECEDENT
Innovator represents and warrants that he/she shall not submit a Proposed Policy to the Company or otherwise include content, information or materials unless all such content is either a) the original creation of Innovator; b) Innovator has first obtained all requisite permissions and rights to use the Proposed Policy, including permissions and rights from The Company; or c) Innovator has otherwise ascertained that such Proposed Policy is in the public domain in accordance with and subject to applicable law.
The Proposed Policy potentially provides net long term savings to consumers.
Innovator has completed a Policy Submission form online inclusive of estimates of potential savings for consumers and how to estimate those savings (necessary for completeness). Innovator acknowledges its obligation to pay the Company’s Jurisdiction Fee, if the Company deems that such fee is warranted to procure the Innovator’s exclusiveright to promote the policy in a specified jurisdiction.
Innovators who pay the the Company’s Jurisdiction Fee as per part (c) will also need to pay the costs to monitor the lobbying phase of the auction, if the company deems that such a payment is necessary. If the innovator pays for the monitoring costs, the innovator and the Company will negotiate the arrangement for monitoring that will be satisfactory to the Company.
If Innovator is the original author of the Proposed Policy, Innovator has applied or copyright registration for said policy submission with the U.S. Copyright Office.
Innovator has paid the Company’s Policy Evaluation fee, if the Company deems that an evaluation is necessary.
Innovator has read the Innovator Policy Statement published at www.politicalsheepdog.com (if you do not, we cannot review your idea).
If an applicant to be an Innovator is an employee of a Federal, state or local government, with jurisdiction in the United States, the applicant must notify the Company by certified mail and may, in the Company’s discretion, be requested to pay for legal review to determine whether or not the applicant can be an Innovator for the Company and receive compensation as an Innovator. The Company reserves the right to terminate this Agreement and/or deny compensation if the Company determines that the participation of the applicant as an innovator would be illegal.
Innovator acknowledges that the Company may require payment of other fees deemed reasonable and necessary for Innovator’s participation.
Innovator is at least 18 years of age.
EFFECTIVE DATE
This Policy Submission Agreement is effective when signed below.
PEER REVIEW
As described in greater detail in the Innovator Policy Statement published at www.politicalsheepdog.com, in order to enroll your Policy in the Auction process, you must enroll your Policy in Peer Review. The Peer Review will verify your Conditions Precedent (above) and appropriateness of your proposed Policy for the Auction Process, and will estimate the potential cost savings of your Policy to the public. Company may in its sole discretion disqualify any submitted Policy from participation. For specific participation requirements, including Evaluation Criteria and grounds for disqualification from the Auction process, please refer to www.politicalsheepdog.com.
THE AUCTION PROCESS
For additional information concerning content guidelines, schedule and deadlines, Evaluation Criteria, and applicable rules, please refer to www.politicalsheepdog.com. Innovator is participating in consideration for a portion of the money or value saved by the enactment of their Proposed Policies. Innovator acknowledges that the consideration will not be immediate, and distribution of actual savings will occur approximately one year after enactment of the legislation, and then periodically thereafter, if the jurisdiction pays The Company, its and the innovator’s shares of the estimated consumer’s savings created by the policy.
COMPENSATION
Compensation for the innovators and PoliticalSheepdog.com will be determined through negotiations between the Company, the innovator and legislative representatives and incorporated in the legislation for the innovator’s policy. If the legislation passes and produces adequate net long term savings for consumers as determine through the legislated process with the agent of the jurisdiction, the Company and the innovator; the jurisdiction will pay the Company the entire compensation for the innovator and the Company. Then the Company will pay the innovator, the legislated compensation.
Innovators of an original policy must agree to place one half of their compensation into escrow for seven years to allow third parties who claim to be the true original innovator, to submit and arbitrate their entitlement claim. The claimant and the innovator must determine, who is the true innovator through either negotiations or arbitration. The winner will receive the escrow funds.
ARBITRATION
Sole Remedy. With respect to any future dispute(s), controversy(ies) or claim(s) arising under, out of, in connection with or in relation to this Agreement or the breach, termination, validity or enforceability of any provision thereof (a “Dispute”), the parties covenant not to initiate litigation in the state or federal court systems and agree that any Dispute shall be resolved in accordance with the procedures set forth in this Section, which shall be the sole and exclusive procedures for the resolution of any Dispute. The parties agree that the provisions of this Section are a complete defense to any suit, action or other proceeding instituted in any court or before any administrative tribunal with respect to any Dispute or the performance of any provision of this Agreement.
Mediation. The parties agree to attempt first to negotiate a resolution of a Dispute by direct discussions initiated by written demand by one party to the other, and if such negotiations do not resolve a Dispute within thirty (30) days of such written notice for negotiations, the parties shall mediate a Dispute pursuant to the Commercial Mediation Procedures of the American Arbitration Association (the “AAA”). The mediator shall be selected by mutual agreement of the parties, but if agreement is not reached within ten (10) days following the expiration of the thirty (30) day negotiation period, the mediator shall be selected by the AAA. Such mediation shall be without prejudice to further voluntary or court-ordered mediation in the event it is unsuccessful. The costs of obtaining the appointment of a mediator, the fees and expenses of the mediation, or any other cost or charge of the mediation shall be borne equally by the parties, unless otherwise agreed.
Arbitration. With respect to a Dispute which is not resolved by mediation as provided herein within ninety (90) days following the expiration of the thirty (30) day negotiation period, either party may give notice to the other requiring that a Dispute shall be finally resolved by arbitration in accordance with the then applicable Commercial Arbitration Rules of the AAA (the “Rules”). Disputes in which the amount in controversy is Twenty-five Thousand Dollars ($25,000) or greater shall be settled by a panel of three independent arbitrators. Disputes in which the amount in controversy is less than Twenty-five Thousand Dollars ($25,000) shall be settled by a single independent arbitrator. In the event that the parties are not able to agree upon the arbitrator(s), then the arbitrators shall be selected by the AAA in accordance with the Rules. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and, judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and an enforcement, as the law of such jurisdiction may require or allow. Any negotiation, mediation or arbitration conducted pursuant to this Article shall take place in Maryland.
SUBMISSION DATA
In order to submit a Proposed Policy in the Auction process, you must complete the submission process, which will commence upon your acceptance of this Policy Submission Agreement and includes the submission of certain information about the Proposed Policy (Submission Data). All Submission Data is treated in accordance with the Company’s published Privacy Policy at www.politicalsheepdog.com.
INTELLECTUAL PROPERTY
Upon submission, your Proposed Policy shall become the exclusive property of the Company, and Innovator shall and hereby does assign to the Company all of Innovator's right, title, and interest in and to any Proposed Policy, and concepts, know-how, techniques, ideas or materials comprising or included in Innovator's Proposed Policy without any restrictions, liability, or accounting to you or any third party, except to the extent the Proposed Policy comprises materials or intellectual property rights owned by third parties (Third Party Materials). To the extent the Proposed Policy includes any Third Party Materials, you hereby grant the Company an irrevocable, fully-paid up, perpetual, transferable, fully-sublicensable, exclusive right and license to use such Third Party Materials, solely as embodied in the Proposed Policy. If you seek to submit an Proposed Policy that will include Third Party Materials, prior to submission, you must provide the Company with: (1) notice of such intention, and (2) a detailed description of the Third Party Materials, whereupon the Company may elect not to accept the Proposed Policy by sending a notification pursuant to Section 3.
Notwithstanding any provision herein to the contrary, in the event you submit an Proposed Policy and the Company in its sole discretion elects: (i) not to host your Proposed Policy; or (ii) to remove your Proposed Policy from its servers, so that upon and after eighteen (18) months from the date of submission your Proposed Policy has not been displayed on the Company web sites or enrolled in ny Auction process, the Company will assign all of its right, title and interest in the Proposed Policy (including all concepts, know-how, techniques, ideas or materials comprising or included in the Proposed Policy) to the Innovator, provided that the Innovator has sent the Company a written request for such assignment, and the Company confirms that such materials are eligible for such assignment as set forth in this paragraph.
Source Identification. Upon the Company's request, whether at the time of your Proposed Policy submission or any time thereafter, Innovator shall identify in writing the sources for the Proposed Policy so that the Company might verify your compliance with the Policy Submission Agreement. The foregoing notwithstanding, the Company has no obligation to verify Innovator's right to use any Proposed Policy, and Innovator remains fully responsible and liable for its use of the Proposed Policy and compliance with the Policy Submission Agreement.
TERM AND TERMINATION
The Policy Submission Agreement may be terminated at any time for convenience by either the Company or Innovator, upon thirty (30) days prior written notice in accordance with the notice provision set forth below.
The Company in its sole discretion, may terminate and/or suspend Innovator's participation in the Auction process effective immediately upon the Company's notice to you, (a) if Innovator violates any of the terms and conditions of the Policy Submission Agreement; (2) submits a Proposed Policy that contains Objectionable material; or (3) if the Company chooses to discontinue the Auction process.
RISK ALLOCATION
a. Other Entries; Content. During your participation in the Auction process, you may be exposed to content provided by other Auction process participants (Submission Content). Innovator acknowledges that (1) the Company does not endorse or adopt (and has not necessarily reviewed) any Submission Content nor do we assume any responsibility for any Objectionable material therein; and in light of the foregoing, (3) you agree that you must evaluate, and bear all risks associated with the use of any Submission Content, including any reliance on the accuracy, completeness, or usefulness of such Submission Content. You agree, in connection with your participation in the Auction process to release the Company, its parent corporation, subsidiaries, and each of their officers, employees, directors, shareholders, and agents, from any and all claims, demands and damages, of any type and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with exposure to or use of the Submission Content by or on behalf of you (including without limitation disputes of any kind with any parties responsible for the Submission Content).
You hereby agree to defend, indemnify, and hold harmless the Company, its parent corporation, subsidiaries, and each of their officers, employees, directors, shareholders, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs made by any third party, due or arising out of or in any way connected with your participation in the Auction process.
Warranty Disclaimers
THE AUCTION PROCESS AND ALL INFORMATION MADE AVAILABLE THROUGH THE AUCTION PROCESS OR ANY RELATED WEB SITE PROVIDED BY THE COMPANY IS PROVIDED AS IS AND ON AN AS AVAILABLE BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES. THE COMPANY HEREBY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE AUCTION PROCESS, THE PROGRAM RELATED MATERIALS, SUBMISSION CONTENT, OR ANY OTHER INFORMATION ACCESSIBLE BY ANY PARTY IN THE COURSE OF AUCTION PROCESS PARTICIPATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE SUBMISSIONS OR ENTRIES. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR PROGRAM RELATED MATERIALS DOWNLOADED, UPLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE USE OF THE POLITICALSHEEPDOG WEB SITE OR THROUGH ANY OTHER MEANS OF DELIVERY IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, UPLOAD OR INSTALLATION OR USE OF SUCH INFORMATION OR PROGRAM RELATED MATERIALS. THE COMPANY DOES NOT WARRANT THAT ITS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR DISCLAIMER OF SOME WARRANTIES AND YOU MAY HAVE CERTAIN RIGHTS DEPENDING ON YOUR STATE OR JURISDICTION.
(e) Liability Limitation
AS A CONDITION OF AND IN CONSIDERATION OF YOUR PARTICIPATION IN THE AUCTION PROCESS, INNOVATOR AGREES THAT IN NO EVENT WILL THE COMPANY NOR ITS PARENT CORPORATION, SUBSIDIARIES, AND EACH OF THEIR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AND AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR DAMAGES RELATING TO LOST REVENUES OR PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS, LOST DATA, WORK STOPPAGE, EXPENSES, COSTS, OR COMPUTER FAILURE OR MALFUNCTION) RESULTING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE ARISING IN CONNECTION WITH THE AUCTION PROCESS, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, ACTIONS IN CONTRACT, WARRANTY, NEGLIGENCE, OR PRODUCTS LIABILITY), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY OF THE FOLLOWING: (1) any defect in, or download, use, or attempted use of, or inability to use, any information or Program Related Materials made available by the Company; (2) inability to access or use the Company web site; (3) any allegation, claim, suit, or other proceeding based upon a contention that an Proposed Policy or any Submission Content constitutes Objectionable material or (4) any refusal to run the auctions by PoliticalSheepdog.com.
YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you.
You agree that any suit or other legal action or any arbitration brought by you relating in any way to the Auction process, must be officially filed or officially commenced no later than one (1) year after the claim first arises.
GENERAL PROVISIONS
Jurisdiction and Venue. Any claim or dispute relating to Innovator's participation in the Auction process, including use of the Program Related Materials by Innovator, shall be governed by and interpreted in accordance with the laws of the state of Maryland (without reference to choice of law principles that might apply the law of any other jurisdiction), which shall take priority over any foreign laws, rules, and regulations. You hereby (1) waive all right to trial by jury; (2) consent to the exclusive jurisdiction of the Supreme Court of the State of Maryland and of the United States District Court for the San Mateo District of Maryland; and (3) consent that any process of notice of motion or other application to the court or judge thereof may be served within or without the State of Maryland by registered or certified mail, or by personal service, provided a reasonable time for appearance is allowed. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Policy Submission Agreement.
Notices. Subject to subparagraph (a) immediately above, all notices to a party shall be in writing and shall be made via e-mail to jgamble3@verizon.net for notices to the Company, or to the e-mail address provided to the Company as part of the Submission Data for notices to you, or such other address as either party may specify. Notice shall be deemed given 48 business hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices to the Company may be sent by regular mail, postage prepaid to:
Political Sheepdog
c/o Dr. James Gamble, Director
P.O. Box 6
Gibson Island, Maryland 21056-0006
and notice shall be deemed given upon the Company's receipt. If you wish to update your contact information, please visit the www.politicalsheepdog.com <account management> page.
Severability; Entire Agreement. In the event that any provision of the Policy Submission Agreement shall, in whole or in part, be determined by a court of competent jurisdiction, to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable, or void, and shall not affect in any way the remainder of such provision or any other provision of the Policy Submission Agreement. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. The Policy Submission Agreement and any modifications hereto constitutes the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter.
No Waiver. The waiver by the Company of any default or breach of the Policy Submission Agreement shall not constitute a waiver of any other or subsequent default or breach. The Company's failure to act with respect to a breach by you or others does not constitute a waiver of its right to act with respect to subsequent or similar breaches.
Assignment. The Policy Submission Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and permitted assigns. The Policy Submission Agreement may be assigned, with or without your consent, by the Company to any person, partnership, corporation or other entity which succeeds to the business of the Company or which has purchased substantially all of the assets of the Company. You may not assign your rights or delegate your obligations under the Policy Submission Agreement and any such attempted assignment or delegation shall be void and of no effect.
Survival. The provisions contained in Section 6 shall survive termination or expiration of the Policy Submission Agreement.
Further Assurances. Each party hereto shall execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such instruments and take such other action as may be necessary or advisable to carry out its obligations hereunder, and to implement the terms and conditions of the Policy Submission Agreement.
Language. The parties confirm that this Policy Submission Agreement and all related documentation will be drafted in English. The original and controlling version of this Agreement shall be the version using the English language. All translations of this Agreement into other languages shall be for the convenience of the parties only, and shall not control the meaning or application of this Agreement. All notices and other communications required or permitted by this Agreement must be in English, and the interpretation and application of such notices and other communications shall be based solely on the English language version thereof.
Binding Agreement. By clicking the Accept button below, Innovator is indicating its acknowledgement (1) that you have read and understands the Policy Submission Agreement; and (2) that the Policy Submission Agreement has the same force and effect vis-à-vis Innovator as a signed agreement.
Document Conflicts. If any term contained in this Policy Submission Agreement conflicts with the terms of the Political Sheepdog Auction process Registration Agreement, Rules, Evaluation Criteria or Political Sheepdog Privacy Policy, the terms contained herein shall govern.
