PRIVACY POLICY

Last updated May 31, 2023

This Privacy Policy explains how information about you is collected, used and disclosed by Down Ballot Allies PAC and any affiliates (“DBA,” “we,” or “us”). This Privacy Policy applies to information we collect when you use the websites, mobile sites, and other online services that link to this Privacy Policy (collectively, the “Sites”).

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Sites to stay informed about our information practices and the ways you can help protect your privacy.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us. For example, we may collect information when you fill out a form, send us an email, sign up to receive updates, request information, make a donation, share a story, submit content, communicate with us via third-party social media sites, or otherwise communicate with us. The types of information you provide to us may include your name, contact information (e.g., email, phone number, and address), payment information, and other contact or identifying information you choose to provide.

In addition, we may collect information as required by the Federal Election Commission (“FEC”). For example, the FEC requires us to collect (and disclose) the name, mailing address, occupation, and employer of all individuals whose donations exceed $200 per calendar year.

Information We Collect Automatically When You Use the Sites

When you access or use our Sites, we automatically collect information about you, including:

· Log Information: We log information about your use of the Sites, including the type of browser you use, activity on the Sites (such as access times, pages viewed, and links clicked), your IP address and the page you visited before navigating to our Site.

· Device Information: We may collect information about the computer or mobile device you use to access our Site, including the hardware model, operating system and version, device identifiers and mobile network information.

· Transactional Information: If you make a donation or purchase, we may collect information about the transaction, such as donation amount, purchase price, product details, and date and location of the transaction.

· Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include placing on your computer or mobile device cookies that uniquely identify your browser or device. Cookies are small data files used to store information on your device, including to help us to improve our Sites and your experience, see which areas and features of our Sites are popular, and count visits. We may also collect information using web beacons (also known as “tracking pixels” or “clear GIFs”). Web beacons are electronic images that may be used in our Sites or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see “Your Choices” below.

Information We Collect From Other Sources

We may also obtain information from other sources and combine that with information we collect through our Sites. For example, if you make a donation to a third-party website, such as ActBlue, for our benefit or if you sign up to host or volunteer for an event via a third-party website, we will obtain certain information about you from the third party that operates that website. We also may receive voter file data from state parties and other democratic organizations, from publicly available sources, and from private organizations. We may also receive information from a social media site if you connect to our Sites through that site.

Use of Information

We may use information about you for various purposes, including to:

· Provide, maintain and improve our Sites and send you confirmations, receipts, technical notices, updates, security alerts, and support and administrative messages;

· Provide and deliver the information you request, process donations and transactions, and send you related information, including confirmations;

· Respond to your emails, submissions, comments, questions and requests, provide customer service, ask you to respond to a survey, request feedback, and otherwise contact you about your use of the Sites;

· Send you newsletters and otherwise provide you with information or services you request or that we think will be of interest to you, such as sending you information to keep you informed about DBA, various issues, events, activities, and volunteer opportunities (please see “Your Choices” below for information about how to opt out of certain communications at any time);

· Help connect you with other supporters, and solicit volunteers, donations and support for DBA and for other candidates, issues and organizations that we support;

· Contact you if we need additional information, such as if you leave fields blank on a form or if other information is necessary under Federal election laws;

· Remind you to vote and register to vote and assist you in finding your registration information, polling location and campaign events near you;

· Monitor and analyze trends, usage and activities in connection with our Sites;

· Personalize and improve the Sites and provide, both on and off the Sites, advertisements, content or features that match user profiles or interests or that are based on the information you provide or the actions you take;

· Notify and contact contest or sweepstakes entrants;

· Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of DBA and others, including by enforcing our Terms & Conditions; and

· Carry out any other purpose for which the information was collected.

DBA is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Sites or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

Sharing of Information

We may share information about you as follows or as otherwise described in this Privacy Policy:

· With vendors, consultants and other service providers or volunteers engaged by or working with us who need access to such information to carry out work on our behalf;

· With candidates, organizations, campaigns, groups or causes that we believe have similar political viewpoints, principles or objectives or share similar goals and with organizations that facilitate communications and information sharing among such groups;

· With other participants in a joint fundraising committee;

· To report required information to the Federal Election Commission, including name, mailing address, occupation, and name of employers of individuals whose contributions exceed $200 in a calendar year (for additional information, visit the FEC website at http://www.fec.gov);

· With current and future affiliates, a term that includes companies that control, are controlled by, or are under common control with, DBA;

· When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests, claims or legal authorities, including responding to lawful subpoenas, warrants, or court orders, or lawful requests by public authorities to meet national security or law enforcement requirements;

· If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of DBA, its employees, volunteers, constituents or others;

· In connection with, or during negotiations of, any reorganization, formation of new committee or successor organization, asset sale or transfer, financing or lending transaction or in any other situation where personal information may be disclosed or transferred as one of the assets of DBA; and

· With your consent or at your direction, including if we notify you through our Sites that the information you provide will be shared in a particular manner and you provide such information or if you submit content or information on a public area of the site or information that is intended to be shared on the Sites or with the public.

· If you sign an online petition, you understand that such petition is public information and that we may make the petition, and your name, city, state, and any comments provided in connection therewith publicly available. In addition, we may provide such petitions or compilations thereof, including your comments, name, city, and state to national, state or local leaders, or to the press.

We may also share aggregated or anonymized information that does not directly identify you.

The above excludes text messaging originator opt-in data and consent, which information will not be shared with any third parties, provided that the foregoing does not apply to sharing (1) with vendors, consultants and other service providers who need access to such information to carry out work on our behalf (and who will not use such information for their own purposes); (2) if we believe disclosure is required by any applicable law, rule, or regulation or to comply with law enforcement or legal process; and (3) if the user consents to our sharing of such information.

Links to Third-Party Sites

The Sites may make third-party information, advertisements, promotions and other content available on or through the Sites (“Third Party Content”). Our Sites also may link or otherwise provide access to third-party websites and other products and services outside our control (collectively, “Third Party Products and Services”). These Third Party Products and Services may include, for example, event and volunteer registration and management, donation and payment functionality, and other features, functionalities, and services powered by third parties. These Third Party Products and Services and Third Party Content are not under the control of DBA, and DBA is not responsible for the security or privacy of any personal information you share with them. You should exercise caution and review the applicable privacy policies of any Third Party Product and Service, including those you use in connection with the Sites, before providing them with your personal information.

Social Sharing Features

The Sites may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Sites with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

Advertising and Analytics Services Provided by Others

We and third parties that provide content or functionality on the Sites or provide us analytics and advertising services may collect or receive information about your use of the Sites and other websites or mobile applications, including through the use of cookies, web beacons, and similar technologies. This information may include, for example, your IP address, browser, device information, pages viewed, time spent on pages, links clicked and conversion information. This information may be combined with information collected across different websites, online services, and linked or associated devices to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests and better understand your online activity.

For more information about Internet-based ads, or to opt out of receiving targeted advertising from participating companies, please visit www.aboutads.info/choices. In addition, your device may include a feature (such as “Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having information collected through certain device applications used for targeted advertising purposes.

Your Choices

Account Information

You or your authorized representative should email team@downballotallies.org if you would like to request in accordance with applicable laws that we update, correct, or delete, or provide you access to, the information you have provided us. However, note that we may not be able to honor your request for legitimate business purposes, such as where you request that we update or delete information we are required to retain by law or where we cannot verify your identity. You may also email team@downballotallies.org if you feel that we have handled your request in error.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third-party flash cookies that may be used in connection with our Sites. To delete or disable flash cookies please visit www.adobe.com/products/flashplayer/security for more information. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Site.

Promotional Communications

You may opt out of receiving promotional emails or text messages by following the instructions in those emails or text messages. If you opt out, we may still send you other types of emails, such as those about your use of the Sites or any donations or transactions.

Your California Privacy Rights

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at team@downballotallies.org.

Security

Please note that no data transmission or storage can be guaranteed to be 100 percent secure. As a result, although we strive to protect the information we maintain, we cannot ensure or warrant the security of any information that you transmit to us.

Do-Not-Track Signals

Some web browsers may transmit “do-not-track” signals to the websites and other online services with which the browser communicates. There is no standard that governs what, if anything, websites and online services should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard for responding is established, we may revisit our policy on responding to these signals.

If you have any questions about this Privacy Policy, please contact us at team@downballotallies.org.

TERMS AND CONDITIONS

WHEN YOU ACCESS OR USE THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

This site is operated by Down Ballot Allies PAC, also referred to as DBA (together with any affiliates, “we,” or “us”). These Terms & Conditions (“Terms”) apply solely to your access to, and use of, the website operated by DBA and other websites, mobile sites, and other online services which link to these Terms and are operated by DBA (the “Sites”).

We reserve the right to change or modify any of the terms and conditions contained in the Terms at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

All questions or comments about the Sites or site content should be directed to team@downballotallies.org.

1. Copyright and Limited License. Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, DBA’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of DBA or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials intended by us for your use for your informational, non-commercial and personal use only. Such license is subject to the Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites or the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for their intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of DBA, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

2. Trademarks. All logos and slogans contained in the Sites are trademarks of DBA, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of DBA or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “DBA” or any other name, trademark or product or service name of DBA without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DBA and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

You may not use a DBA logo or other proprietary graphic of DBA to link to these Sites without the express written permission of DBA. Further, you may not use, frame or utilize framing techniques to enclose any DBA trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without DBA’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of DBA or any third party.

3. Third-Party Sites, Functionality and Content. The Sites may make third-party information, advertisements, promotions and other content available on or through the Sites (“Third Party Content”). Our Sites also may link or otherwise provide access to third-party websites and other products and services outside our control (collectively, “Third Party Products and Services”). These Third Party Products and Services may include, for example, event and volunteer registration and management, donation and payment functionality, and other features, functionalities, and services powered by third parties. DBA does not endorse, adopt, sponsor, recommend, or otherwise accept responsibility for any Third Party Content or Third Party Products and Services, and we make no representation or warranties of any kind regarding them. These Third Party Products and Services and Third Party Content are not under the control of DBA, and DBA is not responsible for their content, quality, nature, reliability, privacy, data security or other practices or their handling of information you make available to them. Your business dealings with these third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third parties. We encourage you to review their applicable terms and policies.

4. Consent to Use of Data and Mobile Communication; SMS Program Terms

You consent to our communicating with you about the Site and DBA by SMS, text message, email and other electronic means. Your carrier’s normal messaging, data and other rates and fees will apply to these communications.

If you subscribe to any text programs that DBA makes available, the following terms apply:

By subscribing to campaign updates or alerts, you consent to receive periodic updates or alerts by automatic text message. Text STOP to stop. For Help, text HELP or contact us at team@downballotallies.org. Message and data rates may apply. Neither DBA nor the participating carriers guarantee that messages will be delivered. DBA may discontinue the program at any time without notice.

5. Electronic Communications and Privacy Policy. You consent to our communicating with you about the Sites and DBA via email, text message, or other electronic means. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You agree that you will not provide any other person’s personal information to us unless you have the rights to do so under applicable law and have shared our Privacy Policy with the applicable person.

6. Prohibited Conduct. You may not access or use, or attempt to access or use, the Sites to take any action that could harm us or any other person or entity, interfere with the operation of the Sites, or use the Sites in a manner that violates any laws. For example, and without limitation, you may not:

a. Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;

b. Engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;

c. Use the Sites to access, harvest, copy, collect, gather, or assemble information or data regarding other users of the Sites without the applicable user’s prior express consent;

d. Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;

e. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity conducted on the Sites or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network, including without limitation via any viruses, corrupted data, or other harmful, disruptive or destructive files;

f. Attempt to modify, copy, make derivative works of, decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Sites;

g. Distribute any unauthorized materials or advertise or promote goods, services, or political campaigns without our express written permission (including, without limitation, by sending spam);

h. Sublicense any of your rights under these Terms;

i. Harass or materially interfere in any manner with another user’s use or enjoyment of the Sites;

j. Engage in any other conduct that restricts or inhibits any person or entity from using or enjoying the Sites, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other person or entity to any liability, damages, or detriment of any type; or

k. Otherwise use the Sites for any unlawful or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms or any additional guidelines, policies or rules posted on the Site or otherwise provided to you.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Sites for any or no reason at any time without notice.

7. Submissions. You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Sites or DBA that are provided by you in the form of email or other submissions to DBA, or any such postings on the Sites, are non-confidential and shall become the sole property of DBA. DBA shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you. To the extent you have any rights, title, or interest in any of the foregoing, you shall assign, and hereby assign, any and all such rights, title, and interest to DBA.

8. User Content and Interactive Areas. The Sites may include interactive areas or services, such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Sites (“User Content”). You are solely responsible for your use of the Sites and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any User Content that would violate these Terms, including, without limitation, any of the following:

a. User Content that is unlawful, libelous, defamatory, false, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, hateful, inflammatory, fraudulent, deceptive or misleading;

b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

c. User Content that may infringe, misappropriate, or otherwise violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or

d. Private or personal information of any third party, without such third-party’s consent.

e. User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views or experiences, that impersonate or misrepresent your affiliation with any person or entity or any other fact, contains unsolicited promotions, advertising, or solicitations.

f. User Content that, in our sole judgment, is objectionable or may expose DBA or others to any harm or liability.

DBA takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DBA liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Terms is at DBA’s sole discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules. As a provider of interactive services, DBA is not liable for any statements, representations, or User Content provided by its users in any public forum, blog or other area of the Sites. Although DBA has no obligation to do so, it reserves the right, and has sole discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any or no reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Sites in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Sites. Except as otherwise provided, you retain ownership of all User Content you post on the Sites. However, if you post User Content to the Sites, unless we indicate otherwise, you grant DBA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, assignable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media now known or later developed, including without limitation in advertising, fundraising and other communications in support of DBA or the candidates, issues, organizations or causes supported by DBA, without any right of compensation or attribution. You hereby waive any moral rights you may have in User Content. You grant DBA and its affiliates and sublicensees the royalty-free, perpetual, irrevocable, assignable, transferable and worldwide right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

9. Repeat Infringer Policy. In accordance with applicable law, DBA has adopted a policy of terminating, in appropriate circumstances as determined by DBA in its sole discretion, subscribers or account holders who are deemed to be repeat infringers. DBA may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe, misappropriate, or otherwise violate any intellectual property rights of others, whether or not there is any repeat infringement, misappropriation, or violation.

10. Copyright Complaints. If you believe that anything on the Sites infringes upon any copyright which you own or control, please advise us at team@downballotallies.org.

11. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DBA, ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS AND JOINT COMMITTEE MEMBERS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, ASSIGNS, AND AGENTS, FROM AND AGAINST ANY AND ALL LOSS, CLAIMS, ACTUAL OR THREATENED SUITS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF, ASSOCIATED WITH, OR RELATED TO YOUR USE OF THE SITES OR ANY ALLEGED VIOLATION BY YOU OF THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, YOUR CONDUCT AND ANY USER CONTENT YOU POST, STORE OR OTHERWISE TRANSMIT ON OR THROUGH THE SITES, OR ANY ACT OR OMISSION RELATING TO THE SITES OR THE USER CONTENT.

12. Disclaimers. YOUR USE OF THE SITES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY DBA, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DBA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. DBA DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS, ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, OR THE SERVICES ARE ADEQUATE, ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.

DBA IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SITES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY, AS WELL AS FOR ANY THIRD PARTY PRODUCTS AND SERVICES AND FOR ANY THIRD PARTY CONTENT. WHILE DBA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, DBA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. DBA IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES, PROGRAM, OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT, ACTIVITY, OR PROGRAM ORGANIZERS OR OTHER USERS OF THE SITES OR FOR ANY THIRD PARTY PRODUCTS AND SERVICES OR FOR ANY THIRD PARTY CONTENT. DBA reserves the right to change any and all content contained in the Sites and any services offered through the Sites at any time without notice.

13. Limitation of Liability. IN NO EVENT SHALL DBA, OR OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DBA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DBA’S RECORDS, PROGRAMS OR SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DBA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS OR THESE TERMS EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT THAT YOU PAID TO ACCESS THE SITES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Applicable Law and Venue. These Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the State of Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

15. Termination. Notwithstanding any of these Terms, DBA reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent your access to and use of the Sites.

16. Miscellaneous. These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Sites.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use.