VIP SMS Tool Terms of Service
Welcome, and thank you for your interest in The Pew Charitable Trusts (“Pew”, “we,” or “us”) and in the Voting Information Project (VIP)’s short messaging service (SMS) tool (“SMS Tool”). These Terms of Service are a legally binding contract between you and Pew regarding your use of the SMS Tool.
1.SMS Tool Overview
VIP offers an SMS Tool that provides voters with election information via text message. Users can text “VOTE” or “VOTO” to a designated short code and receive a responsive text message to find their polling places contact information for election officials, and registration URLs. The SMS Tool is available in multiple languages.
3. Cost of Participation
VIP’s SMS Tool requires no purchase or fee for participation. Carrier message and data rates may apply to each message sent through automated dialing equipment and/or received from the participant.
4. User Conduct
You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or contains hate speech.
5. No Guarantee
Pew is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider.
6. United States Only
The SMS Tool is currently available only to residents of the United States. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the SMS Tool from countries outside of the United States.
You agree that you will be responsible for your use of the SMS Tool, and you agree to defend, indemnify, and hold harmless Pew and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Pew Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the SMS Tool; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
8. Disclaimers; No Warranties
THE SMS TOOL AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SMS TOOL ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PEW ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SMS TOOL AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SMS TOOL, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE PEW ENTITIES DO NOT WARRANT THAT THE SMS TOOL OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SMS TOOL, WILL BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SMS TOOL OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SMS TOOL WILL CREATE ANY WARRANTY REGARDING ANY OF THE PEW ENTITIES OR THE SMS TOOL THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
ALL INFORMATION WE RECEIVE FROM YOU IS NOT VERIFIED FOR ACCURACY BY US.
YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SMS TOOL AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SMS TOOL. YOU UNDERSTAND AND AGREE THAT YOU USE THE SMS TOOL AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SMS TOOL AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SMS TOOL) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SMS TOOL OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9. Limitation of Liability
IN NO EVENT WILL THE PEW ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SMS TOOL OR ANY MATERIALS OR CONTENT ON THE SMS TOOL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE PEW ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PEW ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SMS TOOL (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SMS TOOL) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Governing Law
These Terms shall be governed by the laws of the Commonwealth of Pennsylvania without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and us agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Philadelphia County, Pennsylvania for the purpose of litigating all such disputes.
11. Dispute Resolution
11.1. No Class Actions. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PEW ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AND THAT YOU AND PEW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY.
11.2. Enforceability. If Subsection 11.1 is found to be unenforceable or if the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 10 shall govern any action arising out of or related to these Terms.
Pew reserves the right, in its sole discretion, to cancel or suspend the SMS Tool, in whole or in part, for any reason, with or without notice to you.
13. Changes to the Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.
14.1. Assignment. You may not assign these Terms without Pew’s prior written consent, which may be withheld in Pew’s sole discretion. Pew may assign these Terms at any time without notice to you.
14.3. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
14.4. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
14.5. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
14.6. Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
15. Contact Information
The SMS Tool offered by Pew is located at 901 E Street NW, Washington, DC 20004. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.