ElectionApi.com Terms of Use

Last Updated on July 31, 2013

SageSmith Consulting, LLC ("SageSmith", "Us", or "We") provides the Election Api website (the "Site") and various related API Services (collectively, the "API Services" or "API") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use", or "Terms"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

1. Your relationship to SageSmith Consulting, LLC and ElectionApi.com

1.1 Use of the Service is Subject to these Terms. Your use of this Site or any of the API Services is subject to these Terms.

1.2 Changes to the Terms. We reserve the right to make changes to the Terms at any time. When we do, we will post a notification on the main page of our Site and may send you an email. We encourage Users to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of modifications. You understand and agree that if you use the Site or API Services after the date on which the Terms have changed, SageSmith Consulting, LLC will treat your use as acceptance of the updated Terms. If a modification is unacceptable to you, you may terminate this agreement by ceasing use of the Site and API Services.

2. Accepting the Terms

2.1 Using the Site or any of the Api Services. You understand and agree that SageSmith Consulting, LLC will treat your use of the Site or any of the API Services made availible through this Site as acceptance of the Terms from that point onwards.

2.2 US Law Restrictions. You may not use the Site or any of the API Services and may not accept the Terms if you are a person barred from using the Site or the API Services under the laws of the United States.

2.3 Authority to Accept Terms. You represent that you have full power, capacity and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.

3. Provision of the API Services by SageSmith Consulting, LLC

3.1 Limits on your use of the API Services. You acknowledge and agree that SageSmith may impose or adjust the limit on the number of transactions you may send or receive through the API Services; such fixed upper limits may be set by SageSmith at any time, at SageSmith's discretion.

3.2 Changes to the API Services; Deprication Policy. SageSmith will announce if it intends to discontinue or make backwards incompatible changes to any of the API Services. SageSmith will use commercially reasonable efforts to continue to operate those API Service versions and features identified at http://electionapi.com without these changes until one year after the announcement, unless (as SageSmith determines in its reasonable good faith judgment):

  • required by law or third party relationship (including if there is a change in applicable law or relationship), or
  • doing so could create a security risk or substantial economic or material technical burden.

4. Your Account

4.1 Signing Up for an Election API Account. In order to access most of the API Services, you must have an Election API Account. You agree that any information you give to SageSmith in connection with your Election API Account or your continued use of the Site or API Services will always be accurate, correct and up to date.

4.2 Account Keys. For many of the API Services, SageSmith may require you to obtain and use an alphanumeric key or cryptographic key that is uniquely associated with your Election API Account and your perticular API Service Implementation. You must obtain and use such key (if required by SageSmith for the applicable version or feature of the API Service) in accordance with these Terms and the API Services Documentation.

4.3 Your Password and Account Security. You agree that you will be solely responsible to SageSmith for your use of the Site and API Services. If you become aware of any unauthorized use of your password, your account, or your key(s), you agree to notify SageSmith immediately.

5. SageSmith's Proprietary Rights.

You acknowledge and agree that SageSmith (or SageSmith's licensors and their suppliers, as applicable) own all legal right, title and interest in and to the Site and the API Services, including any intellectual property rights that subsist in the API Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The Content made available through the API Services comprises both public data, and proprietary data belonging to SageSmith or the Election Authority that has expressly permitted SageSmith to make such data available through the Election Api Site and API Services. Please consult the Election Athority providing the data for additional Terms of Use and Privacy Policy they may provide outside of the Terms herein.

6. Permitted Use

You agree to use the Site and API Services only for the purposes:

  • (a) that are permitted by the Terms (including Licenses in section 7);
  • (b) that are permitted by any applicable third party contract, law, or regulation in the relevant jurisdictions; and
  • (c) that comply with all applicable policies or guidelines made available by SageSmith, including in the API Service's Documentation.

7. Licenses from SageSmith to You

7.1 Definitions.

  • (a) "Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time.
  • (b) "Content" means any content provided through the API Services (whether created by SageSmith or its third party licensors or Election Administrator).
  • (c) "Your Content" means any content that you provide to the Site or provide in your API Implementation, including data, images, video, or software. Your Content does not include the Content.

7.2 Service License. Subject to these Terms (including but not limited to Section 8 (License Requirements) and Section 9 (License Restrictions)), SageSmith gives you a personal, worldwide, royalty-free, non-transferable, non-assignable and non-exclusive license to use the Site and API Services as provided by SageSmith, in the manner permitted by the Terms.

7.3 Content License. Subject to these Terms (including but not limited to Section 8 (License Requirements) and Section 9 (License Restrictions)), SageSmith gives you a personal, worldwide, royalty-free, non-transferable, non-assignable, and non-exclusive license to access, use, publicly perform and publicly display the Content in your API Implementation, as the Content is provided in the API Services, and in the manner permitted by the Terms. Specifically, you understand the following:

  • Most of the Content is public record and is provided for the purpose of informing the voting public. By accepting the Terms you should excercise your best judgment in adhering to this purpose.
  • Most of the Content is provided by Election Adminstrators from a Government Agency (State, Local or Federal). Use of such Content may be subject to the laws and regulations of that Election Administrator's jourisdiction. It is up to you to familiarize yourself with the laws and regulations of the perticular jourisdiction from which the data has originated. SageSmith will identify the jourisdiction through the Election Api Website; however, SageSmith is not responsible for the accuracy of such Content nor any misuse of the Content by you or your API Implementation.

7.4 Brand Feature License.

  • (a) Grant. Subject to these Terms (including but not limited to Section 8 (License Requirements) and Section 9 (License Restrictions)), SageSmith gives you a personal, worldwide, royalty-free, non-transferable, non-assignable, non-sublicenseable, and non-exclusive license to display SageSmith's Brand Features solely for the purpose of promoting or advertising your authorized use of the Service in accordance with this Section and for the purpose of fulfilling your obligations under the Terms.
  • (b) Restrictions. In using SageSmith's Brand Features, you will not:
    • (i) display a SageSmith Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by SageSmith or an Election Administrator, other than your use of the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of, SageSmith, SageSmith personnel, an Election Administrator, or an Election Administrator's personnel;
    • (ii) display a SageSmith Brand Feature in your API Implementation or on your site if your API Implementation or site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under 21 years of age;
    • (iii) have the Election Api logo as the largest logo in your API Implementation or on your website;
    • (iv) display a SageSmith Brand Feature as the most prominent element in your API Implementation on any page of your website;
    • (v) display a SageSmith Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to SageSmith;
    • (vi) use SageSmith Brand Features to disparage SageSmith, its products, or the SageSmith Services;
    • (vii) display a SageSmith Brand Feature in your API Implementation or on a site that violates any law or regulation; or
    • (viii) remove, distort or alter any element of a SageSmith Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.).
  • (c) No Further License Grant; No Challenges. Except as set forth in this Section, nothing in the Terms will grant or will be deemed to grant you any right, title or interest in or to SageSmith's Brand Features. All use by you of SageSmith's Brand Features (including any goodwill associated therewith) will inure to the benefit of SageSmith. To the maximum extent permitted by applicable law, the following will apply: at no time during or after the Term will you challenge or assist others to challenge the Brand Features of SageSmith or the registration thereof by SageSmith, nor will you attempt to register any Brand Features (including domain names) that are confusingly similar to those of SageSmith in any way (including but not limited to sound, appearance and spelling).

7.5 Determination of Compliance. SageSmith reserves the sole right and discretion to determine whether your use of the Site, API Service, Content, and Brand Features is in compliance with these Terms.

8. License Requirements

8.1 Free, Public Accessibility to Your API Implementation. By accepting the Terms you agree to the following rules:

  • (a) Free Access. must be generally accessible to users without charge and must not require a fee-based subscription or other fee-based restricted access. This rule applies to Your Content and any other content in your API Implementation, whether Your Content or the other content is in existence now or is added later.
  • (b) Public Acces (No Firewall). Your Api Implementation must not operate (i) only behind a firewall; or (ii) only on an internal network (except during the development and testing phase); or (iii) in a closed community (for example, through invitation-only access).

8.2 End User Terms and Privacy Policy. If you develop an API Implementation for use by other users, you must protect the privacy and legal rights of those users.

  • (a) You must make publicly available, and must abide by, an appropriate privacy policy in your API Implementation. In particular, if your API Implementation enables you or any party to gain access to information about users of the API Services, including but not limited to personally identifiable information (such as user names) or non-personally identifiable usage information (such as location), your privacy policy must describe your use and retention of this information.
  • (b) Your privacy policy must notify users that you are using the an Election API Service and incorporate by reference the ElectionApi.com privacy policy by including a link to the ElectionApi.com privacy policy (currently http://electionapi.com/privacy.aspx), as amended by SageSmith from time to time.

Responsibility for Breaches. You agree that you are solely responsible for (and that SageSmith has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of any such breach (including any loss or damage that SageSmith may suffer).

9. License Restrictions

Except as expressly permitted under the Terms, or unless you have received prior written authorization from SageSmith (or, as applicable, from the provider of particular Content), SageSmith's licenses above are subject to your adherence to all of the restrictions below.

9.1 Restrictions on How You May Use the API Services. Except as explicitly permitted in Section 7 (Licenses from SageSmith to You) or the API Service's Documentation, you must not (nor may you permit anyone else to) do any of the following:

  • 9.1.1 General Restrictions
    • (a) No Access to an API Service except through the Service. You must not access or use any of the API Services or any Content through any technology or means other than those provided in the Service, or through other explicitly authorized means SageSmith may designate. For example, you may not access data from a SageSmith owned website for the purpose of reposting in your API Implementation (known as "Screen Scraping"). Likewise, you may not access any other SageSmith Interfaces or Services that are not made public and available through ElectionApi.com.
    • (b) No Hiding of Identity. You must not hide or mask from SageSmith the identity of your API Implementation as it uses the Service, including by failing to follow the identification conventions listed in the API Service's Documentation.
    • (c) No Reverse Engineering. You must not attempt to reverse engineer or decompile the Services or any component, or attempt to create a substitute or similar service through use of or access to the Services, unless this is expressly permitted or required by applicable law
    • (d) No Modification of Content. You must not modify, reorder, augment or manipulate the Content in any way unless you indicate to the user that this has occurred.
  • 9.1.2 Restrictions against Data Export or Copying. SageSmith and our Election Administrators go to great lengths to provide timely and accurate voter information and make such data publicly available through the API Services.
    • (a) No Unauthorized Copying, Modification, Creation of Derivative Works, or Display of the Content. You must not copy, translate, modify, or create a derivative work (including creating or contributing to a database) of, or publicly display any Content or any part thereof except as explicitly permitted under these Terms.
    • (b) No Pre-Fetching, Caching, or Storage of Content. You must not pre-fetch, cache, or store any Content, except that you may store: (i) limited amounts of Content for the purpose of improving the performance of your API Implementation if you do so temporarily (and in no event for more than 30 calendar days), securely, and in a manner that does not permit use of the Content outside of the Service; and (ii) any content identifier or key that the API Service's Documentation specifically permits you to store. For example, you must not use the Content to create an independent database of election information.
    • (c) No Mass Downloads or Bulk Feeds of Content. You must not use the Service in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content.

10. Licenses from You to SageSmith

10.1 Content License. SageSmith claims no ownership over Your Content, and you retain copyright and any other rights you already hold in Your Content. By submitting, posting or displaying Your Content in the Service, you give SageSmith a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute Your Content through the Service for the sole purpose of enabling SageSmith to provide you with the Service in accordance with the Site's privacy policy.

10.2 Marketing License. You grant to SageSmith a worldwide, royalty-free, non-transferable, and non-exclusive license during the Term to use Your Brand Features and Your Content to publicize or advertise that you are using the Service (for example, by using your marks in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website), or by creating marketing or advertising materials that show screenshots of the Service in which Your Content is featured).

10.3 Authority to Grant Licenses. You represent and warrent to SageSmith that you have all the rights, power and authority necessary to grant the above license.

11. Terminating this Agreement.

11.1 The Terms will continue to apply until terminated by either you or Google as set out below.

11.2 You may terminate your legal agreement with SageSmith by removing the API Service's code from your implementation and discontinuing your use of the Site or Service at any time. You do not need to specifically inform SageSmith when you stop using the Site or Service.

11.3 SageSmith reserves the right to terminate these Terms or discontinue the Site or Service or any portion or feature for any reason and at any time without liability or other obligation to you, except as described under Section 3.2.

11.4 Nothing in this Section will affect SageSmith's rights regarding provision of the Service under Section 3 (Provision of the API Services by SageSmith Consulting, LLC) of the Terms.

11.5 When this legal agreement comes to an end, those Terms that by their nature are intended to continue indefinitely will continue to apply.

12. DISCLAIMER OF WARRENTIES

ALL MATERIALS AND SERVICES ON THIS SITE OR THROUGH THE API ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE OR API SERVICES FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE AND API SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE AND THROUGH THE API, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE OR API SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Content available through this site often comes from a third party Election Administrator that is not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized SageSmith Consulting, LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the services available through this Site and API Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this Site and through the API Services are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, THE API SERVICES, OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE OR API SERVICES.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR API SERVICES OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE OR API SERVICES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site or API Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

15. International Use

Although this Site and the API Services may be accessible worldwide, we make no representation that materials on this Site or through the API are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site or API Services is void where prohibited.

16. Governing Law

This Site and API Services (excluding any linked sites) are controlled by us from our offices within the State of Vermont, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Vermont, by accessing this Site and API Services both of us agree that the statutes and laws of the State of Vermont, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and API Services and the purchase of products and services available through this Site and API Services. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Vermont with respect to such matters.

17. Notices

All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer Service at legal_at_sagesmith.net. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site, API Services, or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

18. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site or API Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

19 Contact Information

Except as explicitly noted on this Site, the services available through this Site or API Services are offered by SageSmith Consulting, LLC registered in the State of Vermont. If you notice that any user is violating these Terms of Use, please contact: legal_at_sagesmith.net.