Thank you for using www.eBallot.com, eballot4.votenet.com, eballotuv.votenet.com, eballot.vote, and eballot.io. The Site and products accessed through the Site (“Products”) are owned and operated by Votenet Solutions, Inc. The terms “eBallot”, “we”, “our”, and “us” refer to the Site, Votenet and our affiliates.
To contact us, please visit our Contact page.
We provide an online Products that enable individuals and organizations to run voting events.
How It Works
Users of our Products are either “Administrators” or “Participants.” “Administrators” are the individuals or organizations who create the voting events. Administrators pay eBallot to use our Products. Organizations or individuals who vote by casting ballots (“Ballots”) are “Participants”. Participants do not pay a fee to cast ballots. Administrators must register for an account following the instructions on our registration page.
Subject to these Terms, you are granted a non-exclusive, non-transferable, limited license to access and use our Products.
Who Can Use Our Products?
You may not use our Products if you are:
- A minor under the age of 13. None of our Products is intended for use by individuals less than 13 years old. If you are under 13 years old or do not have the power to form a contract with eBallot, you may not use our Products. We recommend that parents and guardians directly supervise any use of our Products by minors. If you are located in the EU and are under the age of 16, your parent or the authorized holder of parental responsibility must consent to your use of our Products.
- Barred by law. You may only use our Products if you are not prohibited by any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving our Products or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Products from eBallot.
- A competitor. You may not use our Products, without our prior written consent, if you are a competitor of eBallot or affiliated with a competitor of ours, as determined by us, in our sole discretion.
- A robot or using a program. All access to and use of our Products via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of our Products is strictly prohibited. Notwithstanding the foregoing, and solely with respect to a single sign on exception, eBallot grants the operators of public search engines permission to use spiders to index materials from the site for the sole purpose of creating publicly available searchable indices of the materials. eBallot reserves the right to revoke these exceptions either generally or in specific cases. You may not collect or harvest any personally identifiable information, including account names, from our Products, nor use the communication systems provided by our Products (e.g., comments, email) for any commercial purposes. You may not solicit, for commercial purposes, any users of our Products with respect to their Content.
- Resident of Australia, Brazil or Japan. You may not use our Products if you reside in Australia, Brazil or Japan, unless you have a contract specifically tailored for you that is in addition to these Terms. If you are a resident of Australia, Brazil or Japan and would like to use our Products, please contact us at help@eBallot.com.
- Unions. Our self-service products, eBallot Premium and eBallot Pro may not conform with the Labor-Management Reporting and Disclosure Act or your union’s governing documents. If you are conducting an election or other voting event on behalf of a union, please contact us directly at firstname.lastname@example.org, so that we can help you design a voting event meets your legal and organizational requirements.
Administrator’s Fees, Payments, Term, Cancellation and Refund Policy
We offer Administrators three levels of service: eBallot Enterprise, eBallot Premium and eBallot Pro. Separate fee, payment, term, and cancellation terms apply to eBallot Enterprise Products. If your organization is interested in purchasing our Enterprise Products, you should contact us for the fee, payment, term and cancellation terms at email@example.com.
- eBallot Pro. eBallot Pro has a six (6) month term. You may cancel your account at any time by providing written notice to us at firstname.lastname@example.org, but you will be charged the entire six month fee (“Pro Fee”) on a monthly basis until the Pro Fee is paid in full. If you do not cancel your account at least thirty (30) days before the end of the term, it will automatically renew for another six (6) month term at our then current rates. All payments are made by credit card and processed by our third-party processor. You agree to pay the then current Pro Fee and authorize us to charge your credit card 1/6th of the Pro Fee, per month beginning on the date you register your account, and thereafter, on first day of the month until the Pro Fee is paid in full. The Pro Fee is non-refundable and will not be prorated. We reserve the right to change the fee for eBallot Pro at any time.
- eBallot Premium. eBallot Premuim has a one (1) year term. You may cancel your account at the end of the one (1) year term by providing thirty (30) days’ written notice to us at email@example.com. If you do not cancel your account at least thirty (30) days before the end of the term, it will automatically renew for another one (1) year term at our then current rates. All payments are made by credit card and processed by our third-party processor. You agree to pay eBallot’s then current annual fee (the “Premium Fee”) and authorize us to charge your credit card 1/12th of the annual amount per month beginning on the date you register your account, and thereafter, on first day of the month until the Premium Fee is paid in full. The Premium Fee is non-refundable and will not be prorated. We reserve the right to change the fee for eBallot Premium at the end of each annual term.
- Rates. Our current rates are listed here. You can also find a history of your charges on your STORE page.
- Taxes. Unless otherwise stated, you are responsible for any sales or use taxes or duties associated with the sale of our Products (collectively, “Taxes”) and must pay eBallot without any reduction for Taxes. If eBallot is obliged to collect or pay Taxes, any such Taxes will be payable by you and charged to your credit card on file with us, unless you provide eBallot with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. You authorize eBallot to charge your credit card on file for any such Taxes. eBallot will not charge you a VAT tax, if you provide us with VAT number issued by a taxing authority in the European Union and are purchasing our Products for business purposes. If you are required by law to withhold any Taxes from your payments to eBallot, you must provide eBallot with an official tax receipt or other appropriate documentation to support such payments. You may email your certificate of tax-exempt status, VAT number or other tax information to us at firstname.lastname@example.org.
Any “Content” (defined below) you submit to eBallot (including personal data and the personal data of others), and including text, graphics, photos, documents, video and audio recordings, to be used with our Products is subject to these Terms and the following conditions:
- Authority. You shall be solely responsible for your Content and the consequences of uploading, submitting and publishing your Content with respect to our Products. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish your Content; and
- License. You retain the ownership rights in your Content. However, by submitting such Content to eBallot, you hereby grant eBallot a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display, the Content, including any logo, in connection with our Products and eBallot’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing and redistributing part or all of our Products (and derivative works thereof) in any media formats and through any media channels.
- Copyrighted material. Content you submit to our Products may not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant eBallot all of the license rights granted herein. eBallot does not permit copyright infringing activities and infringement of intellectual property rights on our Products, and eBallot will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. eBallot reserves the right to remove Content without prior notice. To notify us of a copyright violation, please go here. To notify us of a trademark violation, please email us at email@example.com. eBallot reserves the right to remove Content without prior notice for any reason whatsoever.
- Prohibited content. You may not submit any Content or other material, or encourage others to act in a manner, that is:
- Illegal. Violates applicable local, national, and international laws and regulations.
- Infringe. Infringes upon another person or entity’s copyright or intellectual property rights.
- Offensive, libelous, harmful. Offensive, threatening, libelous, defamatory, pornographic, obscene, harmful, abusive, harassing, tortuous, defamatory, vulgar, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by eBallot, in eBallot’s sole discretion.
- No endorsement. eBallot does not endorse any Content submitted by any user, third party or other licensor, or any opinion, recommendation, or advice expressed therein, and eBallot expressly disclaims any and all liability in connection with such Content.
- No pre-screening. eBallot does not review or pre-screen the contents of electronic data uploaded or posted to our Products by users.
Third Party Content
Our Products may contain links to third party websites that are not owned or controlled by eBallot. eBallot has no control over, and assumes no responsibility for the Content, privacy policies, or practices of any third party websites. In addition, eBallot will not and cannot censor or edit the Content of any third-party site. eBallot shall have no liability arising from your use of any third-party website. You understand that when using our Products, you may be exposed to Content from a variety of sources, and that eBallot is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you waive, any legal or equitable rights or remedies you have or may have against eBallot with respect thereto, and, to the extent permitted by applicable law, indemnify and hold harmless eBallot, its owners, operators, affiliates, licensors, and licensees to the fullest extent permitted by law regarding all matters related to your use of our Products.
You may not:
- Reproduce or resell. Reproduce, duplicate, copy, sell, resell or exploit access to our Products, including, but not limited to the HTML or any visual design elements without the express written consent of eBallot.
- Tamper. Modify, reverse engineer, decompile, adapt or otherwise tamper with our Products or modify another website so as to falsely imply that it is associated with our Products, eBallot, or any other software or service provided by eBallot.
- Interfere. Interfere with, disrupt or attempt to interfere or disrupt our Products, our domains, websites, servers, networks, services or other equipment connected to our Products.
- Infringe. Use our Products in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms.
- Send spam. Use our Products to upload, post, host, or transmit unsolicited bulk e-mail “Spam”.
- Install malware. Use our Products to upload, post, host, or transmit viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
- Harm minors. Harm minors in any way.
- Impersonate. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Violate the law. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to international human rights or privacy laws, regulations or principals.
- Promote terrorism. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
- Store certain data. Collect or store personal data about other users in a manner that is prohibited hereunder; or is in connection with the prohibited conduct and activities set forth hereunder.
- No disabling security features. You may not circumvent, disable or otherwise interfere with security-related features of our Products or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Products or the Content therein.
Our Copyright and Intellectual Property Rights
Our Products are protected by the copyright laws of the United States and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to these Terms, all ownership, license, intellectual property and other rights and interests in and to our Products shall remain solely with eBallot.
- Trademarks. The Products and Content, trademarks, service marks and logos (“Marks”) on our Products, are owned by or licensed to eBallot, and are subject to trademark and other intellectual property rights under the law.
- Intended use only. You may access the eBallot website for your informational use solely as intended through the provided functionality of our Products and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of the eBallot website, its Content, or our Products for any other purposes without the prior written consent of eBallot or the respective licensors of the Content. eBallot and its licensors reserve all rights not expressly granted in and to our Products.
- Keep your password secure. If you have been issued an account by eBallot in connection with your use of our Products, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not eBallot, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you must notify eBallot immediately. Accounts may not be shared and may only be used by one individual per account. You must exit your account at the end of each session.
- Keep your details accurate. When you register for an account, you must provide data about yourself, including but not limited to, your email address, and, where applicable, your contact details and payment details (“Registration Data”). You must keep your Registration Data current, complete and accurate. If you provide Registration Date that is untrue, inaccurate, not current or incomplete, or if eBallot has reason to believe that your Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account.
Cancellation and Termination
- Duration of license and account inactivity. The duration of your license (how long you can use our Products) is set forth on your registration or order confirmation. eBallot may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for a period of 12 months.
- Misuse. If you misuse our Products or otherwise do not comply with these Terms, eBallot, in its sole discretion, has the right to cancel, or terminate our Products or your account at any time, without prior notice to you, and pursue any other remedy legally available to it. eBallot reserves the sole and exclusive right to decide whether or not you are in compliance with these Terms.
- Other reasons. Additionally, eBallot reserves the right to cancel or terminate your use of Products or your account for the following additional reasons:
- If requested by law enforcement, court order or other judicial process;
- If eBallot makes a material alteration or modification to an eBallot application/API;
- If an unexpected technical or security issue arises;
- If you engage in fraudulent or illegal activities, whether or not those activities are related to your use of eBallot; or
- For any reason, if eBallot, in our sole discretion, believes it to be in eBallot’s best interest to do so.
Disclaimers and Limitations
This Section includes important disclaimers and limitations on eBallot’s liability.
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
- As is. To the maximum extent permitted by law, our Products are provided entirely "as is," without any warranty whatsoever, and all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are hereby expressly disclaimed, and you hereby waive all
- No warranty. No advice or information, whether oral or written, obtained by you from eBallot or through or from the eBallot applications shall create any warranty not expressly stated in these Terms.
- Limitation of liability. In no event shall eBallot, our officers, directors, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to you or any party for any direct, consequential, incidental, special or other indirect (including without limitation, cost of cover) damages, loss or injury arising out of or in connection with these Terms, our Products or any services, content or other materials provided or available hereunder, or use of any other links or linked websites, even if we are expressly advised of the possibility of such damages, and regardless of whether such damages arise in contract, tort (including without limitation negligence), strict liability or other legal basis.
- Damages. The term "damages" includes, without limitation, attorneys’ fees, lost profits, physical and/or personal injury, business interruption, and loss of programs or other data on you information handling system. You agree and acknowledge the economic terms of these Terms fairly and equitably reflect the foregoing allocation of risk and such allocation of risk is a material inducement for us to make our Products website and other content and materials available to you.
Digital Millennium Copyright Act
- Infringement. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Copyright agent. Notifications to our copyright agent may be emailed to firstname.lastname@example.org or Copyright Agent, Momentum Law Group, 9711 Corporate Blvd., Suite 350, Rockville, MD 20850. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to eBallot customer service at email@example.com. If you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
- Counter-notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the United States District Court for the District of Columbia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, eBallot may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days.
- Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at eBallot’s sole discretion.
Changes and Updates
- Changes to Products. We regularly update our Products. eBallot may add, alter, or remove functionality or features from our Products at any time without prior notice. eBallot may also limit, suspend, or discontinue our Products at our discretion. If eBallot discontinues our Products, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from our Products. eBallot may remove Content from our Products at any time in its sole discretion, although eBallot will endeavor to notify you before it does so if it materially impacts you and if practicable under the circumstances.
- Changes to Terms. eBallot may change these Terms at any time and for any reason, such as to reflect changes in applicable law or updates to Products, and to account for new Products or functionality. Changes will be effective the day they are posted here. If you do not want to agree to any changes made to these Terms, you must immediately discontinue using our Products, because by continuing to use our Products you indicate your agreement to be bound by the updated terms.
eBallot reserves the right to temporarily suspend access to our Products for any reason it deems necessary, including, but not limited to, maintenance, repairs or installation of upgrades, and we will, if practicable, provide notice prior to any such suspension.
- No Class Action. If a claim is arbitrated, you give up your right to participate as a class representative or member for any claim you may have against eBallot, including any right to class arbitration or any consolidation of individual arbitrations or to bring or participate in a class action as set forth in any state statute.
- No Jury Trial. You expressly waive your right to a jury trial.
- Arbitrator’s Decision Final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, the provisions of Section 18 of these Terms shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
- Injunctive Relief. Notwithstanding the terms of this Section 16, if you violate or threaten to violate eBallot’s intellectual property rights, eBallot may seek injunctive or other appropriate relief in any court in the District of Columbia, and you consent to exclusive jurisdiction and venue in such courts.
Choice of Law, Forum, and Venue
The laws of the District of Columbia, without giving effect to its conflict of laws principles, govern all matters arising out of or related to these terms and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. If Section 16 is found not to have legal affect by any court with jurisdiction over these Terms, jurisdiction over actions arising out of or related to these Terms, and jurisdiction over eBallot, then if you bring a legal action or proceeding against eBallot arising out of or related to these Terms, you may only bring such action or proceeding in the United States District Court for the District of Columbia, or in any court of the District of Columbia.
Terms for Certain Customers and Countries
If you are one of the entities identified below, the following provisions apply to you upon the acceptance of these Terms.
- Customer Specific Terms. If you are a United States Federal Government Agency, or different type of government entity in the United States, we have provided you with separate terms that apply to you.
- Language. These terms were prepared and are written in English. To the extent any translated version conflicts with the English version, the English version controls, except to the extent prohibited by any applicable law.
- Content. As used herein, the term “Content” shall include text, software, scripts, graphics, logos, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials. This Content may be created by us, you or a third party.
- Transmission of Data. eBallot may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our Products. The technical processing and transmission of data associated with our Products, including Content, may be transmitted unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.
- Severability and Waiver. eBallot’s failure to exercise or enforce any of these Terms shall not constitute a waiver of the Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, such court should endeavor to give full effect to the parties’ intentions as reflected in these Terms, and the remainder of these Terms remain in full effect. The failure of eBallot to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- Entire Agreement. These Terms constitute the entire agreement between you and eBallot and govern your use of our Products, superseding any prior agreements between you and eBallot (including, but not limited to, any prior versions of the Terms).
- No Assignment. You may not assign your rights or delegate your duties under this license to access our Products without the prior written consent of eBallot.
- Indemnification. You agree to indemnify and defend eBallot and our subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including attorney’s fees and costs, made by any third party due to or arising out of your use of our Products.
- Persons other than individuals. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
How to Contact Us
You can contact us by email, text message, phone, or regular mail and we will respond to your query within 30 days.
4094 Majestic Lane
Fairfax, VA 22033