This website and any other website that links to these Site erms of Use, such as a social media account of ours (each a “Site” and together the “Sites”), is operated by Constantino for Congress, the election campaign for Anthony Constantino (collectively, “Campaign,” “we” “us” or “our”). These Terms of Use (“Terms”) apply to your use of each such Site. Your access to and use of a Site reflects your agreement to be bound by these Terms. We reserve the right to change these Terms from time to time, and at any time, without prior notice. By using a Site following any changes to these Terms, you agree to be bound by any such changes to these Terms.
The Site is offered for adults’ information regarding the Campaign, and Campaign-related matters, and may be used only for your personal, information or engagement purposes of a non-commercial nature or for news reporting if you are a member of the press. You may visit the Site and copy content on the Site for such permitted uses; otherwise, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit any Site or any content, information, software, products or services obtained from any Site without our prior written permission. If you make other use of a Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not (a) decompile, disassemble or reverse engineer any Site or any portion thereof (including systems and software used to operate the Site), or (b) attempt to gain unauthorized access to any Site, any portion thereof or any other computer systems or social media or mobile platforms through any Site. You agree that you will not use any Site in any manner that could violate applicable laws or damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through any Site.
Use of any of our Sites made available through a third-party social sharing platform is also subject to the platform’s applicable terms and conditions.
Any information, remarks, suggestions, ideas, images, graphics or material you submit to us on a Site comment page or form or otherwise, relating to a Site or the Campaign, whether written or oral or digital, or otherwise (“Unsolicited Submission”), is non-confidential. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose. Specifically, we are free to use any ideas, concepts or content contained in any such Unsolicited Submission for any purpose whatsoever, without any compensation or notice to you. We do not waive any rights we may have to similar or related ideas previously known to us or developed by our employees and representatives, or obtained from sources other than you.
All user content submitted on the Site via a contact or comment or other similar feature, including Unsolicited Submissions, needs to comply with applicable laws, and be communicated in a respectful manner. Please do not submit illegal content, infringing content, disparaging content, or attempt to use the Site to spread false news or misinformation or to promote your separate commercial or political purposes. We reserve the right to take down comments or any content a user submits on the Site for any reason. In the event you believe that a Site user has posted content that infringes a copyright you own, please contact us at help@voteforanthony.com.
We and our licensors own all right, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials thereon or therein, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of a Site does not grant to you ownership in or rights to of any of the foregoing. The Site is copyrighted as a collective work under the United States’ and other copyright laws, and is the property Campaign. The collective work may include works that are licensed to Campaign. Unless otherwise indicated on a Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Campaign. Campaign does not grant any license or other authorization to use the Marks except through a separate written license agreement. Any trademarks or logos of a third party are the property of that party and we reference them only for information purposes and make no claim to own or control such third party intellectual property.
If donations to the Campaign are accepted in the future, they will be collected in accordance with applicable laws, and we will update the Site and/or these Terms as needed to reflect donations will be accepted. If Anthony Constantino agrees to help support other candidates for other political offices himself, that will be as agreed with him directly. The Site may offer the ability to submit requests for assistant to Anthony or the Campaign.
The Sites may contain links to other third party websites (not operated by us or our affiliates), which may be of interest to you. We are not responsible for the content of any third party websites linked to a Site. Your use of any other linked website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate. Our linking to a third party website is not an endorsement of the website, its content or operator.
Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information to a Site. The Privacy Policy is hereby incorporated and made part of these Terms.
If you sign up for emails from us, or otherwise receive them and do not wish to continue receiving the, you may use the “subscribe” option in the email to stop the emails to the receiving email address.
You may optionally sign up to receive texts from or on behalf of the Campaign with important announcements, news and other related communications. The terms below apply to your receipt of text or SMS messages from us (the “Texting Program”).
User Opt In: The Texting Program allows users to receive mobile messages if they affirmatively opt into the Texting Program. Regardless of the opt-in method you utilized to join the Texting Program, you agree that the terms in this Section apply to your participation in the Texting Program. By participating in the Texting Program, you agree to receive recurring autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an auto dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our text messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. If you are not signed up for the Texting Program, you may opt-in to receive text messages from the Campaign by submitting an online request using the form here.
User Opt Out: If you do not wish to continue participating in the Texting Program or no longer agree to the terms in this Section, you agree to reply “STOP,” “QUIT,” “END,” “CANCEL,” or “UNSUBSCRIBE,” to any mobile message from us in order to opt out of the Texting Program. You may receive an additional mobile message confirming your decision to opt out. Alternatively, you may opt out of the Texting Program by sending an email to help@voteforanthony.com. You understand and agree that the forgoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above is not a reasonable means of opting out.
Duty to Notify and Indemnify: If you intend to stop using the mobile telephone number used to subscribe to the Texting Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will notify help@voteforanthony.com or text STOP to halt text messages to that phone number and opt in to receiving texts to your new mobile phone number as applicable. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the messages we send, as a result of claims brought by the individual(s) who is later assigned that mobile telephone number. This duty and agreement will survive your ceasing use of the Services.
Cost and Frequency: Message and data rates may apply. The Texting Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. You may receive multiple text messages daily.
MMS Disclosure: The Texting Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Limits: The Texting Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your carrier. We will not be liable for any delays or failures in the receipt of any messages connected with the Texting Program. Delivery of messages is subject to effective transmission from your service provider/network operator, and is outside our control.
THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON AND THEREIN, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES ANY SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON ANY SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH A SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT SHALL ANTHONY CONSTANTINO, HIS AFFILIATES, WE (HIS CAMPAIGN STAFF), OR ANY OF OUR RESPECTIVE DIRECTORS, MANAGERS, MEMBERS, OWNERS, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF ANY SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM ANY SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE OR YOUR USE OR MISUSE OF ANY SITE, EXCEED, IN THE AGGREGATE, $10 (UNITED STATED DOLLARS).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.
The Sites are operated out of the United States and our content, materials, offers, and information appearing on a Site are intended for adults in the U.S. Sites may not be available to users outside of the U.S.. We make no representation that materials or information on any Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access a Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on any Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.
Please read this carefully. It affects your rights. THESE TERMS AND THE SITES ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS, AND NOT BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. ALL CLAIMS AND CONTROVERSIES RELATING IN ANY WAY TO YOUR USE OF THE SITE SHALL BE RESOLVED MANDATORY BINDING ARBITRATION UNLESS OTHERWISE REQUIRED BY LAW, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND PROCEDURES, OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MONTGOMERY COUNTY, NEW YORK. YOU CONSENT TO WAIVE ALL DEFENSES OF “LACK OF PERSONAL JURISDICTION” AND “INCONVENIENT FORUM” WITH THE RESPECT TO THE VENUE AND JURISDICTION IN THE FORUM ARTICULATED ABOVE.
YOU AGREE THAT ANY AND ALL RIGHTS AND OBLIGATIONS OF ANY PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM ACCRUAL OF THE CAUSE OF ACTION, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign or delegate our rights and duties under these Terms to any party at any time without notice to you.
If you have any questions about these Terms, please feel free to contact us at help@voteforanthony.com.