Terms of Use and Privacy Policy

Terms of Use

Please read these terms and conditions of use carefully before using this site.

This Terms of Use is applicable to the http://www.garyjohnsonsenate.com/ worldwide web location, and mobile-optimized versions of the same to which this Terms of Use is linked, along with any subpages or other websites or online accounts owned or operated by Gary Johnson for US Senate, Inc. (collectively “we”, “us” or “our”) or any of its affiliates under its control (collectively referred to as “Site”).  Your use of our Site is governed by the terms and conditions outlined in this Terms of Use and our Privacy Policy.  Use of our Site constitutes acceptance of all terms contained herein. If you do not accept any of the terms contained herein, you must cease use of our Site immediately.

We may revise and update these Terms of Use at any time. Your continued usage of this Site.

 

Use of Content

This Site and any and all content on or available throughout the Site, including without limitation, text, graphics, images, software, audio, video, information, data materials, products, and services (collectively, the “Content”) is owned by us or our content providers. Subject to these Terms of Use, the Content is protected by copyright under both United States and foreign laws and international treaties. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws or the rights of third parties. Content and features are subject to change or terminate without notice at our sole and exclusive editorial discretion. All rights not expressly granted herein are reserved to us. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Limitation on Liability

When using the Site, information will be transmitted using a medium and/or jurisdiction beyond our control and jurisdiction and that of our suppliers. Accordingly, we assume no liability for any delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site.

This Site and the Content are provided on an “AS IS” basis. WE AND OUR AFFILIATES, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WE, OUR AFFILIATES, LICENSORS AND SUPPLIERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, TRUTHFUL OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on this Site or any website with which it is linked. All information and promotions are subject to change without notice. Without limiting the foregoing, we and our affiliates, licensors and suppliers make no representations or warranties about the following:the software, text, graphics, links, or communications provided on or through the use of this Site or related material from us orthe satisfaction of any government regulations requiring disclosure of information on any products  with regard to the Content contained on this Site.

 

In no event shall we, our affiliates, licensors, suppliers, or any third parties mentioned on this Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the Content, or damage to your computer system due to viruses or other defects, whether based on warranty, contract, tort or any other legal theory, whether or not we advised you of the possibility of such damages. We are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content or Communities (as defined below) or for any other breach by you of these Terms of Use. Any claims arising in connection with your use of the Site, any Content or the Communities must be brought within one (1) year of the date of the event giving rise to such action occurred, regardless of when such event becomes known. Any action not brought within one year from the date of the triggering event shall be barred, without regard to any other statute of limitations established by law.  Your remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

User Submissions

By voluntarily submitting any information, communications, or content (including, but not limited to, photos, videos, personal stories, anecdotes and jokes) (each a “Submitted Item”) to this Site and/or Communities (as defined below), you agree such submissions are non-confidential for all purposes and you grant us and our affiliates and partners worldwide an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sub-licensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party, and the right to include your name and city of residence in connection with any such use. Each Submitted Item is also subject to such other terms and conditions as any of the affiliates and partners may specify for particular submissions. By submitting material to us, you represent and warrant you have full authority to grant the rights set forth above and your material will not, in whole or in part, infringe the intellectual property rights, rights of privacy or publicity, or any other rights of any third party. You further represent and warrant you have attained the legal age of majority in your state/province (18 in most states/provinces); a parent or guardian must submit on behalf of any minor. The submission of any Submitted Item in no way creates any obligation or duty on our part or the part of any affiliate and partner to post or use such Submitted Item or, if we do so, to give you credit. We may contact you via phone, email or mail regarding your submission.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware this Site is not intended or designed to attract children younger than 13. We do not collect personally identifiable information from any person we actually know is a child younger than 13. To further learn about our privacy commitment, please refer to the Privacy Policy.

DMCA Notice and Customer Care 

You agree you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. You should notify us promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third-party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please contact us at the address listed under Contact Us section if you need to provide notice of claimed copyright infringement.

 

 

It is our policy to terminate contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.

The Online Communities

We are happy to introduce within or linked to the Site various online communities, such as mail lists, comments, and/or other public forums (collectively, the “Communities”). The Communities are a service intended to provide you with forums for the free-flowing exchange of information and opinions. With your help, the Communities can be an informative experience for all. We encourage your participation but ask you to remember you are solely responsible for the content of messages you post. We do not and cannot review every message posted (but reserve the right to do so).

Please read carefully the policies below. If you cannot comply with these policies and the Terms of Use, please do not use the Communities. As a member of the Communities provided by us, you acknowledge and agree to the following:

  • Content available through the Communities is provided “AS IS,” and you are solely responsible for your reliance on and use of such content. We are not responsible for the consequences of any communications made through the Communities. In cases where you feel threatened or believe someone else is in danger, you should take appropriate action such as contacting your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
  • You are 13 years or older to participate.
  • The information you submit to the Communities shall not be deemed confidential, and shall be publicly available to third parties. You agree not to reveal any private information, including but not limited to health, financial and personally identifiable information, if you do not wish this information to be published. Furthermore, you agree not to reveal the health or other private information of third parties without their knowledge and consent.
  • You agree not to upload to or distribute or otherwise publish through the Communities any content that is libelous, defamatory, obscene, pornographic, slanderous, threatening, harassing, or abusive, to any other person or entity, or is otherwise inappropriate or unlawful.  You are solely responsible for the content of the messages that you post. While we reserve the right to remove any objectionable posts that are in violation of these Terms of Use, we cannot review every post to ensure compliance. Any post that is removed by us is done in our sole discretion and may not be appealed.  
  • You agree not to use the Communities for any purpose in violation of local, state, or federal laws or regulations.
  • You agree not to upload to or distribute or otherwise publish through the Communities any content that violates or infringes the copyright, trademark, or any other personal or proprietary rights of any third party.
  • Messages, information, or other materials posted to the Communities are subject to use by us and our licensees in any medium (now in existence or hereafter developed), for any purpose, in perpetuity without further notice or any compensation of any kind to you or any third party. The submission of such materials in no way creates any obligation or duty on our part to post or use such materials, or to give you any credit.
  • The Communities may be used only for non-commercial purposes. You agree not to, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
  • Your participation in the Communities is solely at your own risk.
  • You agree not to disrupt the normal flow of dialogue, or post comments not related to the topic being discussed (unless it is clear the discussion is free form), or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Communities or the Site, or which, in our sole judgment, exposes us or any of our affiliates, licensors, licensees, customers or suppliers to any liability or detriment of any type.
  • You agree not to post chain letters or pyramid schemes; impersonate another person or allow another person or entity to use your identification for posting or viewing comments; distribute viruses or other harmful computer code; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same note more than once or “spam.”
  • If you become aware of a violation of these policies, please notify us by sending a detailed email message to the address listed under the Contact Us section. If you are writing to report a copyright infringement, please follow the procedure set forth in the section entitled “DMCA Notice” in these Terms of Use.

 

We reserve the right (but are not obligated) to do any or all of the following:

  • Investigate any allegation a communication(s) does not conform to these policies and/or the Terms of Use and determine in its sole discretion to remove or request the removal of the communication(s).
  • Terminate a user’s access to any or all of the Communities and/or this Site upon any breach of these policies and/or the Terms of Use.
  • Monitor, edit or disclose any communication posted in the Communities.
  • Delete, move or edit communications determined, in our sole discretion, to be abusive, defamatory, obscene, in violation of copyright or trademark laws, otherwise illegal, disruptive, or otherwise unacceptable for any reason.
  • Record the dialogue submitted through the Communities.
  • Edit or delete any communication(s) posted in the Communities or anywhere on this Site, regardless of whether such communication(s) violate these standards.

 

We reserve the right to take any action we deem necessary to protect the personal safety of our users or the public. We have no liability or responsibility to users of this Site or the Communities or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements and Links to Other Sites

We do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, indexes or directories, sites framed within this Site, or third-party advertisements, and do not make any representations regarding their content, accuracy or non-infringement. We do not endorse any product linked on this Site. Your use of third-party websites is at your own risk and subject to the terms of use of use for such sites. You should be aware both the terms of use and the privacy policies of linked sites may differ from ours.

Indemnity

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, your submissions or content to the Site or Communities, your violation of any rights of another or applicable laws and regulations, or your use of any content on or accessible through the Site.

Trademarks

The tradenames, logos, titles, designs and trademarks under which we and our affiliates operate are trademarks of us, our affiliates or licensors and are all proprietary to their respective owners. Except as may be specifically permitted in accordance with these Terms of Use, any use of such names, tradenames, logos, titles, designs and trademarks is strictly prohibited without the prior written consent of their respective owners.

General

If any provision of these Terms of Use or our Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Limitation on Liability, User Submissions, The Online Communities, Indemnity, General, Jurisdiction, and Complete Agreement.

Jurisdiction

We are a United States entity and not subject to, nor do we comply with, the laws and restrictions of any foreign jurisdiction.  Your use of our Site constitutes your consent and agreement to be bound solely by the laws of the United States and those of New Mexico. We make no claim the Content is appropriate or may be downloaded outside of the United States. Access to and contact or input to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You expressly agree exclusive jurisdiction for any dispute with us, or in any way relating to your use of the Site, resides in the courts of New Mexico and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving us and/or any of our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms of Use, the Privacy Policy, the Site, and the use of information (including personally identifiable information) provided or accessible through the Site, are governed by the internal substantive laws of the New Mexico, without respect to its conflict of laws principles.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use and our Privacy Policy constitutes the entire agreement between you and us with respect to the use of this Site, and Content. Your use of this Site is also subject to our Privacy Policy.

 

 

Contact Us

Thank you for your cooperation. We hope you find this Site helpful and convenient to use.

 

If you have questions or comments regarding this Site, please send us a message using the Contact Us section on this Site or send a letter to:

Gary Johnson for US Senate, Inc.

400 Gold Avenue, SW Suite 1000

Albuquerque, NM 87102

 

Last Updated August 2018

 

Privacy Policy

 

This Privacy Policy is applicable to our Site as defined in our Terms of Use.

 

Your use of our Site is governed by the terms and conditions outlined in this Privacy Policy and our Terms of Use. This Privacy Policy will tell you what information we collect when you visit our Site, how we use that information, and what choices you have about how it is used. We urge you to read our entire Privacy Policy.  Use of our Site constitutes acceptance of all terms contained herein. If you do not accept any of the terms contained herein, you must cease use of this website immediately.

 

Collection of Personally Identifiable Information

 

Some functions and services offered through our Site require you provide certain personally identifiable information (“PII”). We may collect PII if you provide it including email address, name, postal address, or telephone number. We may also collect other information about you we associate with your PII such as your interests, preferences and demographics.

  

Sharing of Personally Identifiable Information

 

We may share your PII for the following purposes and under the following circumstances.

 

  • We may share your PII with our affiliates, partners, technical consultants, auditors and other third parties, for example, to make our website(s) available, enhance their functionality, or provide associated services, and/or who deal with you in delivering content, samples, products, gifts and prizes.
  • We may make PII we collect through our Site, along with certain other information about you, available to companies whose products and/or services may interest you or provide your PII to similarly like-minded organizations, unless you opt out of being included in our mailing list. (See the section below on opting out of mailings).
  • We may transfer your personally identifiable information and other information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our assets to another party.
  • We may release, personal information to third parties: to (i) comply with laws or to respond to lawful requests and legal process, (ii) to protect our rights and property as well as our agents, customers, members, and others, including to enforce our agreements, policies and terms of use or (iii) in an emergency to protect the personal safety of our employees, customers, or any person.
  • We may also provide aggregate statistics and de-identified data about our Site users, including traffic patterns and related site information, to third parties for their own purposes, including statistical analysis.

 

Use of Personally Identifiable Information

 

We may use your personally identifiable information and other information we collect about you for purposes described in this policy or disclosed to you on our Site or in connection with our mission. We may store and process personal information in the United States and other countries.

For example, we may use your information to:

 

  • operate and improve our Site;
  • send you newsletters, including any online newsletter(s) you have requested;
  • understand you and your preferences to enhance your experience and enjoyment using our Site;
  • send you a welcoming email, to contact you about your use of our Site and to provide important Site updates;
  • provide and deliver information you request;
  • respond to your comments and questions and provide customer service;
  • request feedback and to enable us to develop, customize and improve our Site;
  • send you surveys or questionnaires;
  • send you related information, including confirmations, technical notices, updates, security alerts, and support and administrative messages;
  • communicate with you about new contests, promotions and rewards, upcoming events, and other news about offered by us or our selected partners;
  • use for editorial purposes, such as to contact you about content you have submitted to our Site or to give attribution to content you submit;
  • link or combine it with other personal information we get from third parties, to help understand your needs and provide you with better service;
  • investigate and take action against fraudulent or illegal activity or improper conduct; and
  • use, store, or report your information for any other lawful purpose.

 

Choices about Our Use and Sharing of Personally Identifiable Information

 

If you do not wish to receive promotional and newsletter emails from us, you may click on the unsubscribe link at the bottom of any email.

 

If you opt-out of promotional or newsletter emails from us, we may continue to send you certain communications such as service announcements and administrative messages that relate to us and our Sitethat are necessary to our relationship with you.

 

Your Sharing of Personally Identifiable Information

 

Please be aware when you connect and share your actions, comments, content and information, for example, through discussion board postings on our Site, those actions are not private. Others may capture personal information you post, including your email address, and may use the data to identify or contact you, including to send you emails. We cannot control such actions by others. Please be mindful of your own privacy needs as you choose who to connect with and what to share and make public. If you share information about others, please be sure to respect their privacy and get consent for any information you may share about them.

 

Third Party Activities

 

If you submit or chose to share PII through a form or posting on any page of our Site, choose to otherwise share your PII with a third party such as by sharing stories you read by connecting with social networking services, or click on a link on our Site to go to a third-party site that may collect information about you, we are not responsible for the privacy practices of, including any marketing or other use of your PII by, those third parties. To learn more about any other company or organization’s privacy practices, we suggest you contact them directly about their privacy policy.

 

Do Not Track Disclosures

 

We do not respond to Do Not Track signals sent by various web browsers. To date, a clear standard has yet to be developed concerning these signals and how they should be treated by website operators. Thus, we do not respond to any Do Not Track signals sent by an individual user’s web browser. We are permitted pursuant to this Privacy Policy to share any information you provide through use of our Site with third parties. If you do not wish to consent to the provision of your PII in this manner, you should stop using our Site immediately and contact us as described to be removed from our database.

 

Third Party Advertising

 

We may also use third parties to serve ads on our Site. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Site(but not your name, address, email address or telephone number). They do this by using cookies, clear gifs or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, cookies or clear gifs in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. If you would like more information about this practice and to know your choices about not having this information used by companies, please go to http://www.networkadvertising.org.

 

You may opt-out of certain interest-based advertising by visiting http://optout.networkadvertising.org/#!/.  Please note that this will only allow you to opt-out of tailored advertisements delivered by members of NAI and that we are not associated with or responsible for the management and processing of these requests.

 

Third Party Cookies

 

Notwithstanding any other provision, we may work with a third-party partner who may collect information from you, such as your IP address and information about your browser or operating system, and may place or recognize a unique cookie on your browser for the purpose of enabling interest-based content or advertising to you. The cookies placed by our third-party partners contain no personally identifiable information; they may contain demographic or other interest-based data in a de-identified form.  The information in these cookies may be linked to data you voluntarily have submitted to us, such as your name, postal address or email, which we may share in hashed or encrypted form. To opt-out of these data provider cookies, please go to http://www.aboutads.info/choices.

 

Company Ads on Third Party Sites

 

We may use information collected using third party cookies and Web beacons on our Site and in our emails to deliver advertising displayed to you on third party sites. We also may use cookie information to know when you return to our Site after visiting these third-party sites. We use this information and other information about you to try to understand your interests and show you relevant advertising about products and services you may be interested in.

 

Cookies, Web Beacons and Server Logs

 

We, related web hosting providers, and advertisers and ad serving and tracking companies sometimes utilize “cookie” technology on our Site. Cookies are bits of data stored on your hard drive that contain no personally identifying information but which help enhance your web-browsing experience. Not all web browsers accept cookies, and those that do usually provide a preference or setting that allows you to refuse and remove most types of browser cookies. If your browser does not accept cookies, you may still enjoy our Site.

 

We may also use local shared objects, also known as flash cookies, to store your preferences such as volume control for videos, or display content based upon what you view on our Site to personalize your visit. Third party partners provide certain features on our Site and may display advertising based upon your web browsing activity, using flash cookies to help track and store information about you. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser usually will not remove flash cookies. To learn how to manage privacy and storage settings for certain flash cookies, please visit https://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

 

We, or a third party, may collect information using web beacons. Web beacons are electronic images that may be used on websitesor in our emails. We and these third parties use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

 

Server logs capture certain non-personally identifying data, such as the time and date of a web visit, the browser and operating system being used, and the web URL a user linked from. This information is used in aggregate form to help us plan system enhancements when necessary and to provide content that is compatible with our visitors’ web-browsing systems. We also collect information about keyword searches performed by visitors on our Site. We may keep logs of all words searched to help us learn what kinds of information our Site visitors are seeking, and to improve our service to visitors.

 

Privacy Precaution Warning

 

Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our Site.

 

Privacy Policy Changes

 

We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. Please bookmark this page and check it periodically. We will post any changes to this Privacy policy on our site.

 

Legal Notice and Terms and Conditions

 

Please also read the Terms of Use to understand the additional terms and conditions that apply to your use of our Site.



Policy last updated August 2018