Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, MOBILE APPLICATION OR OTHER DIGITAL OR ONLINE APPLICATION OR SERVICE LINKED HERETO, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE, MOBILE APPLICATION OR OTHER DIGITAL OR ONLINE APPLICATION OR SERVICE.

This website, mobile application or other digital or online application or service is operated by Citizens for Mike Andrade (“Citizens for Mike Andrade”, “we,” “us” or “our”). These Terms of Service apply solely to your access to, and use of, the mikeandrade.com Website operated by Citizens for Mike Andrade and other Citizens for Mike Andrade Websites, mobile applications, or digital or online applications or services which link to these Terms of Service (collectively, the “Sites”). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Citizens for Mike Andrade for products, services or otherwise.

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of the Sites at any time and in our sole discretion. Any changes or modifications to the terms and conditions will take effect immediately upon posting of the revisions on the Sites. You waive any right you may have to receive specific notice of such changes or modifications; your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.

All questions or comments about the Sites or site content should be directed to [email protected].

1. PRIVACY POLICY.

Please refer to our Privacy Policy, information on how we collect, use and disclose personally identifiable information from users of the Sites.

2. COPYRIGHT AND LIMITED LICENSE.

Unless otherwise indicated on the Sites, the Sites and all content and other materials thereon, including, without limitation, Citizens for Mike Andrade’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 Citizens for Mike Andrade or its licensors or users and are protected by U.S. and international copyright laws. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service 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 and 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 its intended purpose. This license is revocable at any time.

Any use of the Sites or the Site Materials other than as specifically authorized herein without the prior written permission of Citizens for Mike Andrade is strictly prohibited and will terminate the limited license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications statutes and regulations.

3. REPEAT INFRINGER POLICY.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Citizens for Mike Andrade has adopted a policy of terminating subscribers or account holders who are deemed to be repeat infringers, in appropriate circumstances as determined by Citizens for Mike Andrade in its sole discretion. Citizens for Mike Andrade may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4. TRADEMARKS.

All logos and slogans contained in the Sites are trademarks of Citizens for Mike Andrade, its connects organizations, 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 Citizens for Mike Andrade or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing ” Citizens for Mike Andrade” or any other name, trademark or product or service name of Citizens for Mike Andrade without Citizens for Mike Andrade’s 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 Citizens for Mike Andrade and may not be copied, imitated or used, in whole or in part, without Citizens for Mike Andrade’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on 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 on the Sites does not constitute or imply endorsement, sponsorship, or recommendation thereof by Citizens for Mike Andrade.

5. HYPERLINKS.

You may not use a Citizens for Mike Andrade logo or other proprietary graphic of Citizens for Mike Andrade to link to these Sites without the express written permission of Citizens for Mike Andrade. Further, you may not use, frame or utilize framing techniques to enclose any Citizens for Mike Andrade 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 Citizens for Mike Andrade’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 Citizens for Mike Andrade or any third party.

Citizens for Mike Andrade makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of Citizens for Mike Andrade, and Citizens for Mike Andrade is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Citizens for Mike Andrade provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Citizens for Mike Andrade of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies will no longer govern your activity. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Sites.

6. THIRD PARTY CONTENT.

We may make third party information and other content available on or through the Sites (the “Third Party Content”) as a service to those interested in this information, and we may provide information regarding or access to third party products or services available on or through the Sites (“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. Citizens for Mike Andrade does not control, endorse or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Citizens for Mike Andrade is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained in Third Party Products at their own risk.

7. LINKS TO AND INFORMATION ABOUT THIRD-PARTY SITES.

Citizens for Mike Andrade may provide information about or links to third-party organizations on the Sites. Your dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. Citizens for Mike Andrade is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party information on the Site. Furthermore, Citizens for Mike Andrade may provide links to original articles written and maintained by third parties. These links are provided as a convenience and do not imply a claim of ownership in that content.

8. SUBMISSIONS.

You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or Citizens for Mike Andrade that are provided by you in the form of email or other submissions to Citizens for Mike Andrade, or any postings on the Sites, are non-confidential and shall become the sole property of Citizens for Mike Andrade. Citizens for Mike Andrade 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.

9. USER CONTENT AND INTERACTIVE SERVICES OR AREAS.

The Sites may include interactive areas or services (“Interactive Areas”), 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 such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish to or through the Sites any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, discriminatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
• 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;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, advertising, or solicitations;
• Private or personally identifying information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files; and
• User Content which violates the terms of any Citizens for Mike Andrade guidelines, policies or rules posted on the Site or otherwise provided to you; and
• User Content that, in the sole judgment of Citizens for Mike Andrade, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Citizens for Mike Andrade or its users to any harm or liability of any type.

Citizens for Mike Andrade 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 Citizens for Mike Andrade liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity or other objectionable content you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at Citizens for Mike Andrade’s 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, Citizens for Mike Andrade is not liable for any statements, representations, or User Content provided by its users in any Interactive Area.

Although Citizens for Mike Andrade has no obligation to do so, it reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any 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 Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Service and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or 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 Citizens for Mike Andrade and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable 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, including without limitation in advertising, fundraising and other communications in support of Citizens for Mike Andrade and the issues, and causes it supports, without any right of compensation or attribution. You grant Citizens for Mike Andrade and its affiliates and sublicensees the 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 of Service and will not violate any rights of or cause injury to any person or entity.

10. REGISTRATION DATA; ACCOUNT SECURITY.

In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Citizens for Mike Andrade, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Citizens for Mike Andrade.

11. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless Citizens for Mike Andrade, its affiliated organizations, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites, your use of the Interactive Areas, or any act or omission relating to the Sites or the User Content, including without limitation any actual or threatened suit, demand or claim made against Citizens for Mike Andrade and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Service or your violation of the rights of any third party.

12. DISCLAIMERS.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CITIZENS FOR MIKE ANDRADE, 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. CITIZENS FOR MIKE ANDRADE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. CITIZENS FOR MIKE ANDRADE DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

CITIZENS FOR MIKE ANDRADE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE CITIZENS FOR MIKE ANDRADE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, CITIZENS FOR MIKE ANDRADE 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.

ANY LISTED PRICES FOR MERCHANDISE BEING OFFERED ON THE SITES IN EXCHANGE FOR A CONTRIBUTION TO CITIZENS FOR MIKE ANDRADE INCLUDE APPLICABLE SALES/USE TAX.

CITIZENS FOR MIKE ANDRADE IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE SITES.

Citizens for Mike Andrade 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. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Citizens for Mike Andrade.

3. LIMITATION OF LIABILITY.

IN NO EVENT SHALL CITIZENS FOR MIKE ANDRADE OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL 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 CITIZENS FOR MIKE ANDRADE, 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 CITIZENS FOR MIKE ANDRADE’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CITIZENS FOR MIKE ANDRADE, 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 EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CITIZENS FOR MIKE ANDRADE FOR ACCESS TO OR USE OF THE SITES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF 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. Agreement to Arbitrate Disputes on an Individual Basis.

Any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by either you or Citizens for Mike Andrade against the other arising from, relating to or in any way concerning the Terms of Service, Privacy Policy, or any goods you receive from us (or from any advertising for any such goods) must, at the demand of either party, be submitted to and determined by binding and confidential arbitration in Palm Beach County, Florida, before a single arbitrator. To the extent issues of state law are implicated, the laws of the state of Florida shall apply. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures in effect at the time of the arbitration and in accordance with the Expedited Procedures in those Rules. This agreement to arbitrate also includes: (i) Claims relating to the enforceability or interpretation of any of these arbitration provisions; (ii) Claims that relate directly to Citizens for Mike Andrade and/or its affiliates, successors, assignees, employees, agents, or independent contractors; and (iv) Claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to by you and Citizens for Mike Andrade that the arbitration of such claims must proceed on an individual (non-class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis. The parties shall maintain the confidential nature of the arbitration proceedings and award, including the hearing, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or enforcement of the award, or unless otherwise required by law or judicial decision. Judgment upon the award rendered by an arbitrator hereunder may be entered in any court having jurisdiction.

YOU AND CITIZENS FOR MIKE ANDRADE HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT YOU HAVE TO A JURY TRIAL, OR AN APPEAL TO A STATE OR FEDERAL COURT OF APPEAL, WITH REGARD TO ANY DISPUTE ARISING UNDER, RELATING TO, OR IN CONNECTION WITH THE Terms of Service, Privacy Policy, or any goods you receive from us (or from any advertising for any such goods). ALL SUCH DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION AND NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.

15. TERMINATION.

Notwithstanding any of these Terms of Service, at all times Citizens for Mike Andrade reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.

16. SEVERABILITY.

If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions.

17. CONTRIBUTION POLICIES.

All contributions to Citizens for Mike Andrade through the Sites must be made from a contributor’s own funds, not funds provided to the contributor by another person.

Contributions to Citizens for Mike Andrade are not deductible for federal income tax purposes. Funds received in response to any solicitation will be subject to contribution limits and source prohibitions. The law requires us to use our best efforts to collect and report the name, mailing address, occupation, and name of employer of individuals who contribute.

18. CONTRIBUTION REFUND AND CANCELLATION POLICY.

All contributions to Citizens for Mike Andrade are final. Refunds and cancellations may be given at the sole discretion of Citizens for Mike Andrade. If you believe that an error has been made in connection with your online contribution, contact us at [email protected]. We will endeavor to work with you to correct any such error.

19. CONTRIBUTION CONFIRMATIONS.

All contribution confirmations will be sent via e-mail. It is your responsibility to provide a correct and valid e-mail address and other contact information.

20. MOBILE MESSAGES.

If you request to receive updates or other information by mobile phone or text message (the “SMS Service”) through the Sites, you expressly consent to receiving via your mobile device text messages, including text messages sent by an automatic telephone dialing system (“ATDS” or “autodialer”), from us or a third-party contractor we have retained for their expertise in initiating and transmitting text messages. We do not charge for this SMS Service; however, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations, and all subsequent SMS correspondence and/or transmissions. At any time, you may text STOP to cancel or HELP for customer support information.

21. QUESTIONS & CONTACT INFORMATION.

Questions or comments about the Sites may be directed to Citizens for Mike Andrade at [email protected].