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VoterCast Terms of Service

 

Welcome to VoterCast, a platform owned and managed by The Elections Group LLC (“The Elections Group,” “TEG,” “we,” or “us”). These Terms of Service (collectively, the “Terms”) apply to use of VoterCast, available at votercast.com (the “Site”), and including all related services (the “Services”).

The Services are intended to enable Election Officials to access sample messages that can be used in various media, intended to clearly communicate details for voter registration, voting, and other election-related topics that are customized for the jurisdiction. These Terms apply to each individual who accesses the Services (each “User” or “You”) on behalf of the government agency for which they are a government official (each an “Organization”). It is each User’s responsibility to ensure that they comply with these Terms. Users must be at least 18 years old.

1. Purpose and Limitations on Use for Official Election Purposes in Non-Discriminatory Manner

By accessing and using the Services, You represent and warrant that (i) you are an official in a government office with the authority to administer elections, including communicating to the public about election-related topics relevant to the jurisdiction for which you work, and (ii) you have authority to establish an account to use solely in conducting your official capacity for government duties. The Services are being provided to Users in their capacity as a government official, with these terms being entered into by Users on behalf of their Organization, for the sole purpose of facilitating communication with the public through electronic and print media about registration, voting, and other election-related topics in an equitable and non-discriminatory manner. The Services are available for use by government officials qualifying under these terms and using it within the conditions provided herein, except where prohibited by law. Users are solely responsible for determining the legality of the Services within the jurisdiction that they are employed as a government official.

No User shall use the Services in the capacity as a candidate for public office at any time. We prohibit the use of the Services in any direct or indirect manner for advocating for or against any candidate for public office, political party, or public ballot question.

Users are prohibited from using the Services in a manner that could reasonably be expected to discriminate or does result in discrimination against voters or potential voters based on known or believed attributes including race, color, ethnicity, national origin, disability, age, sexual orientation, gender at birth, expression or identity, marital status, military status, socioeconomic status, level of income, urban, suburban, or rural residence, literacy, convictions, political district, political affiliation, or any other association.

The Services are provided by The Elections Group, which retains the right to track the messages Users edit, save, and download, and The Elections Group may use the data to advance knowledge of effective tools to increase voter participation. Users may be asked to voluntarily participate in surveys and other research to determine how to improve the Services, but in no case will The Elections Group have access to individual voter data. Notwithstanding any third party’s discretionary decision to share information about VoterCast, The Elections Group is solely responsible for the Services and all use is controlled by these terms and conditions.

The Elections Group retains the right to disclose the identity of Users or Organizations that have subscribed to the service, and The Elections Group may later publish its analyses of voter participation rates for the jurisdiction with which the Users or Organizations are associated. Such identification and disclosure may be made in a variety of ways including, but not limited to, on The Elections Group or affiliate websites, in response to inquiries from government agencies or authorities, and in explanations of VoterCast service to third-parties, including potential users. The Elections Group shall not implicitly or expressly indicate a government agency is endorsing VoterCast. The Elections Group will respond to any requirement of law for disclosure.

2. Account Registration

To access and use the Services, each User will need to open an account (“Account”) by providing The Elections Group with current, complete, and accurate User Data and other information as prompted by the applicable Account registration form. Each User will choose their Account credentials (which may include a password, a username, an official government email address, etc.) and is solely responsible for maintaining the confidentiality of their Account credentials. Each User is responsible for any and all activities that occur under their Accounts.

You will inform The Elections Group immediately of any unauthorized use of an Account or any other security or credential breach relating to the Services. We will not be liable for any loss that You may incur as a result of another person using an Account and its associated credentials, either with or without their knowledge. Be advised, however, that You could be held liable for losses incurred by us or a third party due to another person using an Account or its associated credentials. An Account may not be used by another person without the express permission of the User.

We do not control or endorse and we are not otherwise responsible for the content, messages. or information posted or published by Users on the Services and, therefore, we specifically disclaim any liability with regard to the Services and any actions resulting from your use of the Services. Each User is responsible for all content submitted and messages sent through the Services.

3. License to Use the Services; Code of Conduct

The Elections Group shall provide each User with a worldwide, non-exclusive, royalty-free, revocable, non-assignable license to use the Services.

Unless otherwise expressly permitted in the Terms, Users will not, without our prior written consent:

  • permit any third-party to install, configure, access, use or copy all or any portion of the Services;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological security measures on the Services, or attempt to modify, reverse engineer, exploit, decompile or disassemble all or any portion of the Service except as expressly permitted by applicable laws, rules, or provisions;
  • publish, transmit or otherwise transfer, distribute, disseminate, aggregate, use as a component of or as the basis for a database, create derivative works based on, copy, or otherwise use in any form or by any means any content from the Services outside of approved data exchange and interoperability relationships established with The Elections Group;
  • obscure, remove or alter any intellectual property rights, notices, or markings on the Services;
  • use the Services in any manner which could (a) pose a security risk to the Services, or other users, or (b) disable, overburden, damage, or impair the performance or operation of the computing environment on which the Services are hosted (including where such use interferes with any other party’s use thereof);
  • send Spam, junk mail, bulk emails or mailing list emails that contain persons that have not specifically agreed to be included on that list. For the purpose of these Terms, Spam shall mean irrelevant or unsolicited messages sent over the internet, typically to large numbers of users, for the purposes of advertising, phishing, spreading malware or viruses (“Spam”);
  • publish, post, upload, distribute or disseminate any inappropriate, pornographic, profane, libelous, racist, anti-Semitic, discriminatory, defamatory, obscene, indecent or unlawful topic, name, material or information;
  • upload, use, or otherwise make available files that contain images, photographs, software, or other material protected by intellectual property laws, including, without limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights, or have obtained all necessary rights thereto;
  • upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  • falsify or delete any copyrighted information, legal, or other notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

If The Elections Group determines in our sole discretion that any use or submitted information or materials violates these Terms, our website Terms and Conditions of Use, or our Privacy Policy, or any applicable laws and regulations, then we may remove such information at any time and without notice such submission, suspend and/or terminate any User’s access to and use of the Services, and/or pursue all available legal remedies.

Please review the website Terms and Conditions of Use and our Privacy Policy for further information regarding the applicable terms and conditions for accessing and using the Services

4. Privacy and Data Security

We take the privacy and security of data very seriously. We have implemented what we deem to be appropriate physical, administrative, and technical steps designed to safeguard the User Data we collect from and about all Users. While we make every effort to help ensure the integrity and security of our network and systems, the transmission of information via the internet is not completely secure. E-mails, attachments, and other information sent to or from the Services may not be secure.

“User Data” is any information (in any format), alone or together, relating to a User. The Elections Group collects identifiable information from Users, such as their name, official government email address and Organization, that is provided by User, including in their official capacity as an employee of an election office. The Elections Group will treat User Data that is collected or submitted to or in connection with the Services in accordance with our Privacy Policy. By accessing and using the Services, each User authorizes The Elections Group to collect and process User Data as described in these Terms and in the Privacy Policy.

Although we do our best to protect User Data, we cannot guarantee the security of User Data when transmitted to the Services. Any transmission of User Data is at the User’s risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Users shall not provide or include the personal information of third parties, including voter information, in any other information provided to the Services. No personal data of individuals under 18 years old is to be provided to The Elections Group or otherwise posted or submitted to the Services. If The Elections Group learns that any such data is posted or submitted to the Services, The Elections Group will make reasonable efforts to remove such data as soon as possible and may suspend or terminate the account of the User who submitted such data as well as the account of any other User who The Elections Group determines in its discretion may be associated with them.

Users acknowledge and agree that The Elections Group may at any time use or create data from User’s use of the Services or performance under these Terms, which data may be associated directly with the User or which may (but is not required to be) aggregated or anonymous, in connection with The Elections Group’s operations, including but not limited to, user experience data including feedback/survey responses from users, metadata, insights, and data analytics that indicate user efficacy and impact (collectively, the “Usage Insights”). Users hereby grant to The Elections Group an irrevocable, permanent, exclusive, royalty-free, worldwide, full and free right and license to use, execute, reproduce, display, perform, distribute, and combine each of the Usage Insights in furtherance of its operations.

5. Use of User Data

Each User agrees that The Elections Group may collect and use User Data derived from them, including data about Users’ access and use of the Services.

Aggregated data derived from User information may be used or created by The Elections Group at any time for aggregate insights, as well as to improve our Services. In addition to the foregoing, we may use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works even after these Terms have expired or use of the Services has been terminated.

Upon written request, we will make reasonable efforts to delete User data in our possession, except as otherwise set forth in these Terms, the website Terms and Conditions of Use, or our Privacy Policy. We will seek to comply with such requests in a commercially reasonable time and, if applicable, as may be required by law.

6. Intellectual Property Rights

You retain all intellectual property rights, including, without limitation, patents, trademarks (the “Intellectual Property Rights”) in graphic user interface, text, content, images, video, music, designs, products, computer programs, drawings, documentation, feedback, and other materials of any kind posted, submitted, provided or otherwise made available to us by you in connection with the Services (“Submissions”), and in the User Data, or any third-party content for which all necessary rights have been obtained.

In addition, you grant The Elections Group a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works from, communicate, display, and/or distribute such Submissions in any and all media or distribution methods (now known or later developed) as part of providing the Services.

By providing Submissions and User Data to us, whether via the Services or otherwise, you also expressly grant to us a non-exclusive, royalty-free, worldwide license to use, transmit, distribute, modify, reproduce, display, and store the Submissions for the purposes of: (i) providing the Services as contemplated in these Terms, and (ii) enforcing our rights under these Terms.

Except for Submissions and User Data, the Services and all materials made available by The Elections Group on the Services, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (“The Elections Group Content”), and all related Intellectual Property Rights, are the exclusive property of The Elections Group and/or its licensors.

7. Term; Termination of the Services

You may terminate your use of the Services at any time.

We may terminate a User’s access to the Services and Accounts at any time, without notice, for any reason whatsoever, including if we determine, at our sole discretion, that the Services is being used for illegal activity, in response to court orders regarding any illegal activity, and/or for violation of these Terms. Except as may be set forth in these Terms, we do not have an obligation to store or forward the contents of a terminated Account.

We reserve the right at all times to disclose any information, including Personal Information, as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

8. Changes or Modifications

We may at any time, delete, modify, or supplement the Services at any time, without notice, for any reason whatsoever, including features, access, content, or accessibility. Additionally, we may require you to perform updates to continue use. We are not liable for your use of any outdated versions of our Services should updates be available. Updates may adversely affect the manner in which the Services function with your device. The Elections Group may at any time change the fees charged for the Services upon seven (7) days written notice to Users. The Elections Group retains the right to revise these Terms in its discretion, and may communicate such changes to Users by email, by updating the Terms and changing the date that they were updated, or as The Elections Group otherwise deems appropriate.

9. Indemnification

You agree to defend, indemnify and hold harmless The Elections Group and its members, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your (i) access to and use of the Services, including any data or content transmitted or received by you; (ii) violation of any of the Terms; (iii) violation of any third-party right, including but not limited to any right of privacy or intellectual property rights; (iv) violation of any applicable law, rule or regulation, including any data privacy law; (v) content or information including, without limitation, Submissions and/or User Data that is submitted via an Account; or (vi) any other third party’s access and use of the Services using with the unique username, password or other appropriate security code associated with an affiliated User.

10. Disclaimer

The Elections Group makes no representations, warranties, promises, or guarantees regarding any content provided or generated by Users or third parties. We act as a passive conduit for the distribution, provision, and publication of content, and have no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of content, and accordingly, we are not responsible and have no liability for Submissions or User data. You understand that you may be exposed to information that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of all Submissions or User Data. Your reliance on any Submission and/or User data is at your own risk.

NOTHING IN THIS AGREEMENT SEEKS TO EXCLUDE ANY CONDITION, WARRANT OR GUARANTEE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

THE SERVICES, INCLUDING THE SOFTWARE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES ARE AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ELECTIONS GROUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, THE WEBSITE, OR OF ANY SITES LINKED TO OR FROM THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANYTHING POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH SERVICES OR THE THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ANY CONTENT DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS TRANSMITTED AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.

USERS ARE SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH APPLICABLE LAWS, INCLUDING OBTAINING ALL NECESSARY CONSENTS FROM RECIPIENTS OF MATERIALS CREATED USING THE VOTERCAST PLATFORM

11. Limitation of Liability

IN NO EVENT SHALL THE ELECTIONS GROUP OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANYTHING POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE MAXIMUM AMOUNT OF DIRECT DAMAGES ATTRIBUTABLE TO THE ELECTIONS GROUP RELATING TO THE SERVICES OR THE WEBSITE SHALL BE ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE ELECTIONS GROUP SHALL NOT BE LIABLE FOR USE OF TEMPLATES IN VIOLATION OF ELECTION OR COMMUNICATIONS LAW OR FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. Disputes

Any claim or dispute between you and The Elections Group that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Cook County, Illinois.

13. Miscellaneous

You may not assign these Terms, by operation of law or otherwise, without The Elections Group’s prior written consent. Subject to that restriction, these Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. The Elections Group’s failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to enforce such provision or any other provision of this agreement subsequently.

Nothing in these Terms shall be construed as making either party the partner, joint venturer, employer, contractor, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

You acknowledge that a breach by you of any confidentiality or proprietary rights provision of this agreement may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, The Elections Group may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

These Terms, the Terms of Service and Privacy Policy, constitute the entire agreement between you and The Elections Group with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Services. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Except with regard to payment obligations, neither of us will be responsible for any failure to fulfill its obligations due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, acts of God, pandemics, materials shortages, transportation delays, internet or other telecommunication delays, fires, floods, labor disturbances, riots, wars, terrorist acts or inability to obtain any export or import license or other approval or authorization of any government authority.

14. Contact Us

If you have any questions about these Terms, you can contact us by emailing us at support@electionsgroup.com.

Last updated: July 30, 2025