Terms and Conditions

Effective Date: 05/24/2024

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 service.

This website, mobile application or other digital or online application or service is operated by the Committee to Elect Heather Smiley for Congress (“the Committee, “we”, “us”, “our”). These Terms of Service apply solely to your access to, and use of, the SmileyForCongress.com website operated by the Committee, 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 the Committee 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 Site at any time and in our sole discretion. Any changes or modification to the terms and conditions will take effect immediately upon posting of the revisions on the Site. You waive any right you may have to receive specific notice of such changes or modifications; your continued use of these Site 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 Site. If you do not agree to the amended terms, you must stop using the Site.

All questions or comments about the Site or site content should be directed to Campaign@SmileyForCongress.com

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

2. COPYRIGHT AND LIMITED LICENSE. Unless otherwise indicated on the Site, the Site and all content and other materials thereon, including, without limitation, Heather Smiley for Congress 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 the Committee 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 Site 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 Site 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 Site 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 Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. This license is revocable at any time.

Any use of the Site or the Site Materials other than as specifically authorized herein without the prior written permission of the Committee 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. INFRINGER POLICY. In accordance with applicable laws, the Committee has adopted a policy of terminating subscribers or account holders who are deemed to be repeat infringers, in appropriate circumstances as determined by the Committee in its sole discretion. The Committee may also, at its sole discretion, limit access to the Site 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 Site are consider proprietary, and may be trademarks of the Committee to Elect Heather Smiley for Congress, 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 the Committee or the applicable trademark designer or holder. You may not use any metatags or any other “hidden text” utilizing “Heather Smiley for Congress” or any other related name, trademark or product or service name of Heather Smiley for Congress without the Committee’s prior written permission. In addition, the look and feel of the Site – including all page headers, custom graphics, button icons and scripts can be construed as the service mark, trademark and/or trade address of Heather Smiley for Congress and may not be copied, imitated or used, in whole or in part, without the Committee’s prior written permission. All other trademarks, registered trademarks, product/service 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 Site does not constitute or imply endorsement, sponsorship, or recommendation thereof by Heather Smiley for Congress.

5. HYPERLINKS. You may not use a Heather Smiley for Congress logo or other graphics of the Committee to link to this Site without the express written permission of the Committee. Further, you may not use, frame or utilize framing techniques to enclose any Heather Smiley for Congress logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without the Committee’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 the Committee or any third party.

The Committee 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 Site, or websites linking to the Site. Such sites are not under the control of the Committee, and the Committee 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. The Committee provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by the Committee of any site or any information contained therein. When you leave the Site, 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 Site.

6. THIRD PARTY CONTENT. We may make third party information and other content available on or through the Site (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 Site (“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. The Committee 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 the Committee 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. The Committee may provide information about or links to third-party organizations on the Site. Your business 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. The Committee 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, the Committee 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 the Committee that are provided by you in the form of email or other submissions to the Committee, or any postings on the Site, are non-confidential and shall become the sole property of the Committee. The Committee 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. REGISTRATION DATA; ACCOUNT SECURITY. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) where applicable, maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Committee, 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 the Committee.

10. INDEMNIFICATION. You agree to defend, indemnify and hold harmless the Committee, 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, attorneys’ fees arising out of or related to any Content, store or otherwise transmit on or through the Site, 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 the Committee 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.

11. DISCLAIMERS. Except as expressly provided to the contrary in a written communication from the Committee, the Site, 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 kink, either express or implied. The Committee disclaims all other warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, tiele and non-infringement and as to accuracy or reliability of the information, content, forms, or other Site materials access through the Site. The Committee does not represent or warrant that the site, the site materials or the services are accurate, complete, reliable, current, or error-free.

The Committee is not responsible for typographical errors or omissions, including those relating to text or imagery/photography. While the Committee attempts to make access and use of the site and services safe, the Committee cannot and does not represent or warrant that the site, 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.

The Committee is also not responsible or liable in any manner for any third-party activities or events listed on the site, or for the conduct of any event or activity organizers of other users of the site. The Committee reserves the right to change any and all content contained in the Site and any Services offered through the Site 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 the Committee to Elect Heather Smiley for Congress.

12. LIMITATION OF LIABILITY. In no event shall the Committee or out family members, 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 sure the site, 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 the Committee, 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 the Committee’s record, programs or services. In no event shall the aggregate liability of the Committee, 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 sue of, or inability to sue the Site, or the Site materials exceed any compensation you pay, if any, to the Committee for access to or use of the Site.

Certain state laws do not allow limitations on implied warranties or the exclusion of limitation of certain damages. Although you may have additional rights, you are hereby notified to immediately cease use of the Site and Services.

13. 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 the Committee 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 Wayne County, Michigan, before a single arbitrator. To the extent issues of state law are implicated, the laws of the state of Michigan shall apply. The arbitration will be administered by and pursuant to 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 the Committee and/or its family members, 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 the Committee 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 hereby knowingly and voluntarily waive any right you have to initiate arbitration, 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). Any disputes initiated by the Committee shall be resolved through binding arbitration and no class action, consolidated action, private attorney, or other represented claims may be pursued. By accepting this Agreement, you agree to waive the right to initiate or participate in a class action, representative action, private attorney action, or consolidated arbitration in any manner encompassed by this provision.

14. TERMINATION. Notwithstanding any of these Terms of Service, at all times the Committee reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

15. 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.

16. CONTRIBUTION POLICIES. All contributions to Heather Smiley for Congress through the Site must be made from a contributor’s own funds, not funds provided to the contributor by another person, and using a personal credit card, not a corporate credit card. Contributions may not be made by any federal government contractor, foreign national lacking permanent-resident status in the United States, or using the general treasury funds of a corporation, labor organization or national bank.

Contributions are not deductible for federal income tax purposes. Funds received in response to any solicitation will be subject to federal contribution limits and source prohibitions. Federal law requires us to use our best efforts to collect and report the name, mailing address, occupation, and name of employer for those individuals whose contributions aggregate in excess of $200 per election cycle.

17. CONTRIBUTION REFUND AND CANCELLATION POLICY. All contributions are final. If you believe that an error has been made in connection with your online contribution, contact us at Campaign@SmileyForCongress.com and we will endeavor to work with you to correct any such error.

18. CONTRIBUTION CONFIRMATIONS. All contribution confirmations will be sent via email. It is your responsibility to provide a correct and valid email address and other contact information.

19. 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, 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.

20. QUESTIONS & CONTACT INFORMATION. Questions or comments about the Sites may be directed to Campaign@SmileyForCongress.com

Mobile Messaging

The Committee to Elect Heather Smiley for Congress may offer a mobile messaging program (Program), subject to these Mobile Messaging Terms and Conditions (the “Terms”). If you do not wish to continue participating in the program or no longer agree to these Terms, you can reply “STOP” to any mobile message from in order to opt out of the Program. Message and data rates may apply.

Contact Information

Email: Campaign@SmileyForCongress.com

User Opt Out and Additional Commands: To opt out (discontinue participation in Program), reply “STOP”, or to any of the mobile messages from your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You may also opt out by texting “QUIT”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL”.

We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of our control.

Dispute Resolution: In the event that there is a dispute, claim or controversy between you and the Committee, or between you and any third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, Our Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be waived either by arbitration or court. The parties acknowledge that this Agreement may involve a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will apply. Only the Committee may initiate arbitration by providing the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).

Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time, and updates will be denoted on the Site. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified.