Welcome, LawMakers! We are excited to have you here with us. If you are reading this, clearly you share our passion for making change in the world. Or maybe you are a journalist who wants to learn more about our innovative platform. At LawMaker, we strive to provide fair and transparent policies and positive experiences for all. Now on to language our lawyers said we should provide.
The website located at http://www.LawMaker.io (hereinafter referred to as the “Site”) is a copyrighted protected work belonging to LawMaker LLC, a California limited liability company (hereinafter referred to as “LawMaker”, “us”, or “we”). This means you can’t copy our website without our permission. Additional features and services may be available through our website (the “Services”), such as a mobile application, and the ability to create policies & laws pertaining to national, state and local governments, make amendments, post comments, and share policies and comments.
LawMaker is designed and supported for personal and business use. You may not use LawMaker to break the law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights. If you violate any of the terms of this Agreement, then we may choose to suspend your access to LawMaker and/or remove any of your User Content from LawMaker.
Aside from ads you may find from our sponsors, LawMaker is not intended to be a marketplace for goods or services. However, you may find commercial links, advertisements and/or other third-party content in LawMaker’s comments section. LawMaker is not a party to, nor in any way responsible for, any interactions or transactions you have with these third parties in the comments section. For this reason, any interactions you undertake with them are your responsibility alone, so be careful.
Please review each of the sections below, as continued use of our Site is an express consent to this Agreement and all the terms herein.
LawMaker provides an online platform that caters to engaged individuals looking to make a difference in their community or to stay informed of potential changes in their communities. These users may comprise web-surfers who just wish to browse through LawMaker’s website and the potential policies listed, with the ability to view, search and share content without the ability to contribute; or they may be registered users (collectively “Users”) who can post comments and policies that require registration of an account ("Your Account") that includes a username, password, Email address, and certain information about yourself as prompted by the Site’s registration form. You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. Of course, you can also browse LawMaker and discover content without logging in.
You represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, through the Site’s user account options or by contacting LawMaker. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify LawMaker of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. LawMaker cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. LawMaker’s Content.
LawMaker Content may contain graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors, which we call "LawMaker Content." LawMaker Content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
“User Content” means any and all information and content that a User submits to, or uses with, the Site or Services. User Content can include all policies, comments, amendments and other contributions by the Users. You are solely responsible for your User Content. You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by LawMaker. Because you alone are responsible for your User Content (and not LawMaker), you may expose yourself to liability if your User Content violates applicable rules and regulations, including this Agreement. We reserve the right (but have no obligation) to review or investigate any User Content and/or take appropriate action against you in our sole discretion (including removing your User Content and/or terminating your Account) if you violate any provisions of this Agreement; if your User Content: contains any nudity or other sexually suggestive content, hate speech, credible threats or direct attacks on an individual or group, excessive profanity or violence, can be considered spam; and/or otherwise in the sole discretion of LawMaker at any time and for any reason. LawMaker is not obligated to remove any User Content from the Site unless required by applicable Law. LawMaker may, but is not obligated to, backup any User Content. You are solely responsible for creating backup copies of your User Content if you desire. You retain the rights to your copyrighted content or information that you submit to LawMaker except as described below. User Content is public and not confidential.
You agree that you have the right to submit anything you post, and that your User Content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any User Content submitted by you to LawMaker.
You hereby grant, and you represent and warrant that you have the right to grant, to LawMaker an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license for all the duration of the intellectual property rights to reproduce, distribute, publicly display, prepare derivative works of, and otherwise use your User Content, for the purposes of including your User Content in the Site and Services, for use by LawMaker in news and their promotional purposes, and including for submission to elected officials (such as, but not limited to, U.S. Representatives and state and local legislators. Hereinafter collectively referred to as “Policymakers”). User submitted content, such as suggested policies, may be sent to Policymakers at the discretion of LawMaker.
We grant you the right to access LawMaker Content in the manner described in this Agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, or publicly display LawMaker content, except as permitted by law (such as under the doctrine of fair use) or as authorized in writing by LawMaker. Revisions to your User profile can be made through the Site’s user profile page or by contacting LawMaker.
You agree not to interrupt the services of LawMaker, introduce malicious code onto LawMaker, make it difficult for anyone else to use LawMaker due to your actions, attempt to artificially manipulate up or down votes or other portions of LawMaker’s systems, or assist others in misusing LawMaker in any way. In order to turn LawMaker into an effective and successful tool for communicating with your legislative officials, it will require open participation and thoughtful contributions from our Users, so please stay honest, ethical and civil.
3. Important Disclaimers, Liability Limitations and Release.
(a) The LawMaker Content, Site and Services, or any other products or services provided by Users and each of the foregoing, are provided “AS-IS” and “AS AVAILABLE” and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We do not guarantee that the Website or any content provided on the Website is error free.
(b) You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions of you with our Site and Services, or act or omission of you in relation to other Users and Third Party Sites & Ads.
(c) In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this Agreement or your use of, or inability to use, the Site or Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Site and Services are at your own discretion and risk, and you will be solely responsible for any damages, including to your computer system or loss of data resulting therefrom.
(d) Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Site or Services and transfer, posting and uploading of Content, software, technology and other technical data via the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer Content, software, technology, and other technical data via the Services to export-prohibited parties or countries; (c) will not use the Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Services any Content, software, technology or other technical data in violation of U.S. or other applicable export or import laws.
(e) For now, we provide the Site and Services for use only by persons located in the United States. We make no claims that the Site and Services or any of its Content is accessible, appropriate or legal outside of the United States. If you access the Site and Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
(a) Subject to the terms of this Agreement, LawMaker grants you a non-transferable, non-exclusive license to use the Site and Services for your personal or business purposes. You agree not to access the Site or Services by any means other than through the interface that is provided by Lawmaker for use in accessing the Site or Services. The LawMaker name, logo and website are protected by all applicable trademark and copyright laws, whether through registration or common law.
(b) The rights granted to you in this Agreement are subject to the following restrictions: Except as expressly permitted by applicable law or as authorized by Lawmaker or the applicable licensor (such as an advertiser) (a) you shall not (and not allow any third party to) license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit the Site, Services, or Your Account; (b) you shall not (and not allow any third party to) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not (and not allow any third party to) access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. LawMaker reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that LawMaker will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that LawMaker will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
(c) Subject to the provisions in section 2 above, each User owns its own User Content. Excluding your User Content, you acknowledge that all the Intellectual Property Rights (“IPR” which means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the laws of any country) in the Site and Services are owned by LawMaker or LawMaker’ licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such IPR unless specified by a separate written agreement. LawMaker reserves all rights not granted in this Agreement. You acknowledge and agree that the Site or Services and any necessary software used in connection with the Site or Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.
You agree to indemnify and hold LawMaker (and its officers, employees, and agents) harmless, including reasonable costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services; (ii) your User Content as defined above; (iii) your interaction with any other User; or (iv) your violation of this Agreement or any applicable laws. LawMaker reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of LawMaker. LawMaker will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third Party Sites & Ads.
The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of LawMaker and LawMaker is not responsible for any Third Party Sites & Ads. LawMaker provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
7. Term and Termination.
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for a legitimate purpose, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases. However we reserve the right to continue to use your User Content to the extent permitted under applicable law. LawMaker will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2, 3, 5, 8 and 9.
We want you to enjoy LawMaker, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns by emailing us at [email protected] or using our online web submission form available on our Site.
If there is a dispute between you and any User, we are under no obligation to become involved. Any claim or dispute between you and us arising out of or relating to this Agreement, in whole or in part, shall be governed by the laws of the State of California without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in Los Angeles County, California. You agree not to participate in any class action lawsuits against Lawmaker.
This Agreement was revised as of November 30, 2016 and is subject to occasional revision. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
The remaining terms our Lawyer requires us to post are found in this section. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without LawMaker’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Copyright © 2017, LawMaker, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.