LegiStorm Terms of Use and Other Legal Matters
Last updated: 2019-09-19
YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. This agreement ("Agreement") is between the User and LegiStorm LLC ("LegiStorm").
Changes to User Agreement. LegiStorm may change the terms of this Agreement at any time by notifying User of the change in writing or electronically (including without limitation, by email or by posting a notice on this page that the terms have been "updated"). User agrees to be bound by such changes by using our website after changes are made to this Agreement.
Site Content.This website, including all of its features and content, is a service made available by LegiStorm LLC or its affiliates ("Provider") and all content, information, user postings ("Postings"), services and software ordered or provided on or through this website ("Content") may be used solely under the following terms and conditions ("Terms of Use").
Website Limited License. A User of this website is granted a nonexclusive, nontransferable, revocable, limited license to access and use this website and content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason. In the event that the Provider terminates this license a pro-rated refund will be issued for any remaining amount paid for services not rendered.
Errors and Corrections. Provider does not represent or warrant that this website or the content or postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Although Provider highly values accuracy and timeliness, Provider does not warrant or represent that the content or postings available on or through this website will be correct, accurate, timely, or otherwise reliable. Users should verify all information contained on this site with the official source, if one exists, and even then with the understanding that the official record might be wrong. Provider may make improvements and/or changes to its features, functionality or content or postings at any time.
Registration. Certain sections of the website require the User to register. If registration is requested, the User agrees to provide accurate and complete registration information. It is the User's responsibility to inform the Provider of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. The Provider does not permit a) anyone other than the User to use the sections requiring registration by using User's name or password; or b) access through a single name being made available to multiple users on a network or otherwise. The User is responsible for preventing such unauthorized use. If the User believes there has been unauthorized use, the User must notify the Provider immediately by emailing congress(at)legistorm(dot)com.
Account Maintenance. Except in unusual circumstances defined by Provider, only one User account is allowed per unique person. Provider maintains the right to combine or eliminate duplicative accounts by the same unique person.
Use of User Information. Provider reserves the right to use information provided by User to supplement its site Content if Provider normally provides this type of information as part of its Content. That includes but is not limited to name, place of employment, title and contact information. Username, password and browsing behavior will not be disclosed.
Changes to User Agreement. The Provider may change the terms of this Agreement upon renewal by notifying User of the change in writing or electronically (including without limitation, by email or by posting a notice on the website that the terms have been "updated"). The User signifies that the User agrees to be bound by such changes by using the website after changes are made to this Agreement.
Disclaimer. The website, the interactive areas and the Content, are provided on an "as is, as available" basis. The Provider expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. The Provider disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from the website, the interactive areas, and the Content, including, but not limited to, technical inaccuracies and typographical errors, (b) third-party communications, (c) any third-party websites or content therein directly or indirectly accessed through links in the website, including, but not limited to, any errors in or omissions therefrom, (d) the unavailability of the website, the interactive areas, the Content, or any portion thereof, (e) use of the website, the interactive areas or the Content, or (f) use of any equipment or software in connection with the website, the interactive areas, or the Content.
Limitation of liability. The Provider shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from use of the website, the Content, the interactive areas, any facts or opinions appearing on or through an interactive area, or any third-party communications. The Provider shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the website, the interactive areas, the Content, or any third-party communications. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, Provider's sole obligation to the User for damages shall be limited to $100.00.
Indemnification. The User agrees to indemnify, defend and hold the Provider, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the website harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by the User or arising from or related to any postings uploaded or submitted by the User. This clause shall not apply to U.S. government agencies or to any other clients where such a requirement is contrary to public law.
Third-party Rights. The provisions in this agreement are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against the User on its own behalf.
Unlawful Activity. The Provider reserves the right to investigate complaints or reported violations of this agreement and to take any action it deems appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Use of Information. Users of this site agree not to use any information on this site for any purpose for which it was not intended. Prohibited uses include, but are not limited to, automated information collection methods, except for bots feeding publicly available search engines and which obey robots.txt instructions.
Remedies for Violations. The Provider reserves the right to seek all remedies available at law and in equity for violations of this agreement, including, but not limited to, the right to block access from a particular Internet address to this website and any other Provider websites and their features.
Governing Law and Jurisdiction. The Agreement is governed by and construed in accordance with the laws of the District of Columbia and any action arising out of or relating to this Agreement shall be filed only in state or federal courts located in the District of Columbia and the User hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this provision, Users who are U.S. federal government employees will be subject to federal law in federal courts only. Additionally, such U.S. federal government Users will be governed by Federal Acquisition Regulation Section 52.232-39, Unenforceability of Unauthorized Obligations.
Content
Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on the User or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation, those related to copyright or other intellectual property rights. The User agrees that the Content and website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Copyright. Provider owns the copyright to all materials on this site. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the website are the Provider's property or the property of the Provider's advertisers and licensors and are protected by copyright and other intellectual property laws. Unless the User has the Provider's written consent, the User may not sell, publish, distribute, retransmit or otherwise provide access to Content received through the website to anyone, including, if applicable, fellow employees. Provider expressly grants the right to share PDF documents created by PowerBrief with employees or persons acting on behalf of User.
Rights to Postings. The User grants to the Provider an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, links, data, information and other materials the User submits (collectively, "Postings") to this website. Said license is without restrictions of any kind and without any payment due from the Provider to the User or permission or notification, to the User or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings-in any form, medium, or technology now known or hereafter developed.
The User certifies and warrants that Postings: (i) are the User's original works or that the owner of such works has expressly granted to Provider a perpetual worldwide royalty-free irrevocable, non-exclusive license for said works and (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, intellectual property right including copyright or patent, or any proprietary right. The User acknowledges and agrees that submitting Postings to the website does not create any new, or alter any existing, relationship between the User and the Provider.
By submitting Postings to the website, the User acknowledges and agrees that the Provider may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings the User submit. The User agrees that the User shall have no recourse against the Provider for any alleged or actual infringement or misappropriation of any proprietary or other right in the Postings the User provide to the Provider.
Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement. The Provider reserves the right to remove any Content that allegedly infringes another person's copyright. The Provider will terminate, in appropriate circumstances, Users and account holders of Provider's system or network who are repeat infringers of another person's copyright. Notices to the Provider regarding any alleged copyright infringement should be directed to LegiStorm, 2101 L St. NW, Suite 800, Washington, DC 20037 or congress(at)legistorm(dot)com.
Linking to the website. The User may provide links to the website, provided that (a) the User does not remove or obscure, by framing or otherwise, any portion of the website, including any advertisements, terms of use, copyright notice, and other notices on the website, (b) the User immediately deactivates and discontinues providing links to the website if requested by the Provider, and (c) the Provider may deactivate any link(s) at its discretion.
No Solicitation. The User shall not distribute on or through the website any postings containing any advertising, promotion, and solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Provider. Notwithstanding the foregoing, in any interactive areas of the website (the "Interactive Areas"), which includes, without limitation, any blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features, where appropriate the User a) may list along with name, address and email address, its own website's URL and b) may recommend third-party websites, goods or services so long as the User has no financial interest in and receives no direct or indirect benefit from such recommended website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this website.
Advertisers. The website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website is accurate and complies with applicable laws. The Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
Limitations
Limitations on Use. The Content on the website is for User's use only and not for commercial exploitation. Notwithstanding the foregoing and to the extent the website provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as the User is authorized to make purchases on behalf of such group. The User may not use the Content to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; or (b) a government license or benefit. The User may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website or the Content. Nor may the User use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. The User may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the website or the Content without the Provider's prior written permission. The User may not use the website to transmit any false, misleading, fraudulent or illegal communications. The User may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this website, except to the extent permitted above. The User may not use or otherwise export or re-export this website or any portion thereof, or the Content, in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the website or its Content is prohibited. The Provider reserves the right to terminate or restrict the User's access to the website if, in the Provider's opinion, the User's use of the website may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, the Provider may refuse to grant the User a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive, or in which false or incomplete information is provided.
Third-party Communications. The Provider disclaims all liability for any Third-party Communications the User may receive or any actions the User may take or refrain from taking as a result of any Third-party Communications. The User is solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-party Communications. The Provider assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-party Communications. As used herein, "Third-party Communications" means any communications directed to the User from any third party directly or indirectly in connection with this website.
Not Legal Advice. The Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this website treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. The User's use of the Content on this website or materials linked from this website is at the User's own risk.
Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. Each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal or unenforceable term or provision.
Warranties
The website, including all of its features and Content, is a service made available by the Provider or its affiliates and all Content, information, services and software ordered or provided on or through the website ("Content") may be used solely under the following terms and conditions ("Agreement").
Errors and Corrections. The Provider does not represent or warrant that the website or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Although the Provider values accuracy and timeliness, the Provider does not warrant or represent that the Content or Postings available on or through the website will be correct, accurate, timely, or otherwise reliable. Users should verify all information contained on this site with the original source, if known, and even then with the understanding that the official record might be wrong. The Provider may make improvements and/or changes to its features, functionality or Content or Postings at any time.
Third-party Content. Third-party content (including, without limitation, Postings) may appear on the website or may be accessible via links from the website. The Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the website. The User understands that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief or opinion of the Provider. Further, information and opinions provided by employees and agents of the Provider in Interactive Areas are not necessarily endorsed by the Provider and do not necessarily represent the beliefs and opinions of the Provider.
Interactivity
Postings to be Lawful. If the User participates in Interactive Areas on this website, the User shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way. The Provider may delete Postings at any time for any reason without permission from the User.
Postings to be in User's Name.Postings shall be accompanied by the User's real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for participation in an Interactive Area allows the User to create a screen name, the User may select and use a screen name that is not the User's real name, provided that the User uses the User's real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.
No Monitoring of Postings. The Provider has no obligation to monitor or screen Postings and is not responsible for the Content in such Postings or any Content linked to or from such Postings. Provider however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and to remove Postings, at any time and for any reason or no reason.
Non-Commercial Use only of Interactive Areas. Any Interactive Area is provided solely for personal use. Any unauthorized use of any Interactive Area of this website, its Content, or Postings is expressly prohibited.
Grant of Rights and Representations by the User. If the User uploads, posts or submits any User Content on a Service, the User represent to the Provider that the User has all the necessary legal rights to upload, post or submit such User Content and that it will not violate any law or the rights of any person. The User agrees that upon uploading, posting or submitting information on the Services, the User grants the Provider, its respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from User Content in any and all media, in any manner, in whole or part, without any duty to compensate the User. The User also grants the Provider the right to authorize the use of User Content, or any portion thereof, by users and others in accordance with the terms and conditions of this Agreement, including the rights to feature User Content specifically on the Services and to allow other users or others to request access to User Content, such as, for example, through an RSS feed.
Provider may also remove any User Content for any reason and without notice to the User. This includes all materials related to use of the Services or membership, including email accounts, postings, profiles or other personalized information the User has created while on the Services.
Contact Download Lists Terms and Conditions
Usage Restrictions. When a user downloads contact information from Provider, usage is not unlimited. Some restrictions apply to what the User may do with the .csv file:
The User IS permitted to:
Forward the email message containing links to the files the User ordered to a different email account than the one the User entered on the order, as long as it belongs to the User. For example, the User may forward the email delivery message from the User's business email account to the User's personal email account. Share the file with other people in the User's company or persons hired to act on behalf of User. Save the file on multiple computers. Access any file the User has ordered from the Provider from any computer by logging in to the website.
The User IS NOT permitted to:
Republish or resell the information, including charging anyone to access it in any way, or provide the contact information to a third party whether directly in any media or indirectly through incorporation in a database, marketing list, report or otherwise, or use or permit the use of the information to generate any statistical or other information that is or will be provided to third parties. Use the information provided to violate the CAN-SPAM Act or any other applicable local, state, federal and international laws, rules, regulations and requirements. Forward the email message containing link(s) to the files(s) the User ordered to anyone outside of the User's organization without the Provider's express permission to do so. The User must contact the Provider to request permission to do so. The Provider considers each request on a case-by-case basis. Share the information with corporate members or affiliate organizations of the User's organization, unless the User's purchase was made for that specific organization and only for that specific organization's purpose. Use a single annual subscription to the website to use the low rates Users get to download contact files for multiple clients. Upload the file(s) or any information contained therein to the public Internet. Hotlink" to the file(s) URL(s) on the website from any other Internet site.
