This Privacy Policy explains how information about you is collected, used and disclosed by

Rudy for Greeley (the “Campaign”).

 

This Privacy Policy applies to information we collect when you use our websites, mobile sites, mobile applications and other online services that link to this Privacy Policy (collectively, the “Sites”) or when you otherwise interact with us. The Sites may contain links to third-party websites for the purpose of facilitating contributions or purchases. The use of third-party websites is governed by the privacy policies of those websites.

 

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email or mobile notification). We encourage you to review the Privacy Policy whenever you access the Sites to stay informed about our information practices and the ways you can help protect your privacy.

 

COLLECTION OF INFORMATION:

INFORMATION YOU PROVIDE TO US:

 

We collect information you provide directly to us. For example, we collect information when you fill out a form, make a donation, send us an email, sign up to receive email updates, sign a petition, sign up as a volunteer, create an account, schedule an event, participate in a contest or promotion, make a purchase or contribution, communicate with us via third party social media sites, request information, or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, mobile number, credit card information and other contact or identifying information you choose to provide.

 

In addition, Greeley and Colorado laws and regulations may require us to collect personal information from donors. For example, we are required to collect (and disclose) the name and address of contributors who contribute $20 or more in a reporting period, as well as the name, address, employer, and occupation of contributors who contribute $100 or more in a reporting period.

 

The Campaign uses industry standard security measures to protect against the loss, misuse or alteration of the information under our control. Although we make good faith efforts to store information collected in a secure operating environment, we cannot guarantee complete security.

 

INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE THE SITES:

 

When you access or use our Sites, we automatically collect information about you, including:

 

LOG INFORMATION:

 

We log information related to your access to and use of the Sites, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Sites.

 

DEVICE INFORMATION:

 

We may collect information about the computer or mobile device you use to access our Sites, including the hardware model, operating system and version, device identifiers and mobile network information.

 

TRANSACTIONAL INFORMATION:

 

If you make a donation or purchase, we may collect information about the transaction, such as donation amount, purchase price, product details, and date and location of the transaction.

 

LOCATION INFORMATION:

 

We may derive the approximate location of your device, such as from your IP address.

 

INFORMATION COLLECTED BY COOKIES AND OTHER TRACKING TECHNOLOGIES:

 

We (and our service providers) use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that helps us to improve our Sites and your experience, see which areas and features of our Sites are popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in our Sites or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see “Your Choices” below.

 

INFORMATION WE COLLECT FROM OTHER SOURCES

 

We may also obtain information from other sources and combine that with information we collect through our Sites. For example if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site. We may also use such information for list matching purposes.

 

USE OF INFORMATION

We may use information about you for various purposes, including to:

 

  • Provide, maintain, support and improve our Sites;

 

  • Provide and deliver the information you request, process contributions and transactions and send you related information, including confirmations and receipts,

 

  • Send you confirmations, technical notices, updates, security alerts and support and administrative messages;

 

  • Request feedback and to otherwise contact you about your use of the Sites;

 

  • Respond to your comments, questions and requests and provide customer service;

 

  • Communicate with you and otherwise provide you with information or services you request or that we think will be of interest to you, such as sending you promotional information to keep you informed about various campaigns, candidates, issues, events, resources, promotions, contests, products and services, including by automated texts or calls;

 

  • Help connect you with other supporters, and to solicit volunteers, donations and support for the Campaign and for candidates, issues and organizations that we support;

 

  • Contact you if other information is necessary under Federal election laws;

 

  • Monitor and analyze trends, usage and activities in connection with our Sites;

 

  • Personalize and improve the Sites and provide advertisements, content or features that match user profiles or interests;

 

  • Facilitate, process and deliver contest entries and rewards;

 

  • Remind you to vote and register to vote and assist you in finding your registration information, polling location, and campaign events near you;

 

  • Detect, investigate, and prevent fraudulent transactions and other illegal activities and protect the rights and property of the Campaign and others;

 

  • Link or combine with information we get from others to help understand your needs and provide you with better service; and

 

  • Carry out any other purpose for which the information was collected.

 

The Campaign is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Sites or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.  If you are located outside the U.S., we, and our service providers, may store, access, or transfer your information to jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.

 

SHARING OF INFORMATION

 

We may share information about you as follows or as otherwise described in this Privacy Policy:

 

  • With vendors, consultants and other service providers or volunteers who need access to such information to carry out work on our behalf;

 

  • With candidates, organizations, campaigns, groups or causes that we believe have similar political viewpoints, principles or objectives or share similar goals and with organizations that facilitate communications and information sharing among such groups;

 

  • To report required information to the Colorado Secretary of state, including names and addresses of contributors who contribute $20 or more in a reporting period, as well as the names, addresses, occupations, and name of employers of contributors who contribute $100 or more in a reporting period;

 

  • In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;

 

  • When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests, claims, or legal authorities, including responding to lawful subpoenas, warrants, or court orders;

 

  • If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of the Campaign, its employees, volunteers, constituents or others;

 

  • In connection with, or during negotiations of, any reorganization, formation of new committee or successor organization, asset sale or transfer, financing or lending transaction or in any other situation where personal information may be disclosed or transferred as one of the assets of the Campaign; and

 

  • With your consent or at your direction, including if we notify you through our Sites that the information you provide will be shared in a particular manner and you provide such information.

 

  • The above excludes text messaging originator opt-in data and consent, which information will not be shared with any third parties, provided that the foregoing does not apply to sharing (1) with vendors, consultants and other service providers who need access to such information to carry out work on our behalf (and who will not use such information for their own purposes); (2) if we believe disclosure is required by any applicable law, rule, or regulation or to comply with law enforcement or legal process; and (3) if the user consents to our sharing of such information.

 

We may also share aggregated or anonymized information that does not directly identify you.

 

The above excludes text messaging originator opt-in data and consent, which information will not be shared with any third parties, provided that the foregoing does not apply to sharing (1) with vendors, consultants and other service providers who need access to such information to carry out work on our behalf (and who will not use such information for their own purposes); (2) if we believe disclosure is required by any applicable law, rule, or regulation or to comply with law enforcement or legal process; and (3) if the user consents to our sharing of such information.

 

ONLINE PETITIONS

 

If you sign an online petition, you understand that such petition is public information and that we may make the petition, and your name, city, state, and any comments provided in connection therewith publicly available. In addition, we may provide such petitions or compilations thereof, including your comments, name, city, and state to national, state or local leaders, or to the press;

 

LINKS TO OTHER WEBSITES

 

The Sites may contain links to other websites.  For example, we may link to third-party sites to facilitate donations or purchases.  Any personal information you provide on such linked pages is provided directly to that third party and is subject to that third party’s privacy policy and not this privacy policy.   We encourage you to learn about their privacy and security practices and policies before providing them with personal information.

 

SOCIAL SHARING FEATURES

 

The Sites may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Sites with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

 

ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

 

We may allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile applications.  These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of the Sites and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information.  This information may be used by the Campaign and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Site and other websites, and better understand your online activity.

For example, we may use Remarketing with Google Analytics or other remarketing tools to advertise online. This enables third-party vendors, including Google, to show our ads on sites across the Internet. Such third-party vendors, including Google, may use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our website. For information on how you can opt out of Google’s use of cookies for interest-based ads please visit Google’s Ads Settings.

For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.networkadvertising.org/managing/opt_out.asp and

www.aboutads.info/choices.

 

SECURITY

 

The Campaign takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

 

YOUR CHOICES

 

COOKIES

 

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Sites.

 

PROMOTIONAL COMMUNICATION AND OPT OUT INFORMATION

 

You may opt out of receiving promotional updates, newsletters, and other promotional communication from the Campaign by following the instructions in those emails or text messages or by emailing us at brian@rudyforgreeley.com. If you opt out, we may still send you other types of communications, such as those about your use of the Sites or any donations or transactions.

 

MOBILE PUSH NOTIFICATIONS/ALERTS

 

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device.  You can deactivate these messages at any time by changing the notification settings on your mobile device.

 

ACCOUNT INFORMATION

 

You may request that we update, correct, or delete the information you provide to us by emailing us at brian@rudyforgreeley.com. However, note that we may retain certain information as required by law or for legitimate business purposes.  We may also retain cached or archived copies of information about you for a certain period of time.

 

CONTACT US

 

If you have any questions about this Privacy Policy, please contact us at: brian@rudyforgreeley.com

 

Mobile Messaging Terms and Conditions

Date of Last Revision: September 29, 2025

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, MOBILE SITE OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE, MOBILE SITE OR MOBILE APPLICATION.

 

This website, mobile site or mobile application is operated by Rudy for Greeley (the “Campaign,” “we,” or us”). These Terms of Use (“Terms”) apply solely to your access to, and use of, the www.rudyforgreeley.com Web site operated by the Campaign and other Campaign Web sites, mobile sites, mobile applications and other online services which link to these Terms (collectively the “Site”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with the Campaign for products, services or otherwise.

 

We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

 

  1. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.
  2. Mobile Communications.  You consent to our communicating with you about the Site and the Campaign by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data, and other rates and fees will apply to these communications.

 

If you subscribe to any text programs that the Campaign makes available, the following terms apply:

 

(a) By subscribing to Campaign updates or alerts, you consent to receive recurring updates or alerts by automatic text message. Text STOP to stop. For Help, text HELP or contact us at rudyforgreeley.com. Message and data rates may apply. 

 

(b) Neither the Campaign nor the participating carriers guarantee that messages will be delivered. The Campaign may discontinue the program at any time without notice.

 

(c)  You represent and warrant that you are supplying your own phone number, and not someone else’s, and that you agree to provide us with notice if you are no longer the primary user of that number.

 

(d) You acknowledge and agree that you may opt-out of receiving further mobile messages via any opt-out keywords that are universally recognized, including, but not limited to, STOP, UNSUBSCRIBE, CANCEL, END, or QUIT.  You acknowledge that any opt-out method not expressly provided in this opt-out provision is unreasonable.

 

(e) You may not receive mobile messages if you are under thirteen (13) years of age and if you are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to register to receive mobile messages.

  1. Copyright and Limited License. Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Campaign’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of the Campaign or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Site and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of the Campaign, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
  2. Trademarks. All logos and slogans contained in the Site are trademarks of the Campaign, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Campaign or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark or service mark of the Campaign without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Campaign and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
  3. Hyperlinks. You may not use a Campaign logo or other proprietary graphic of the Campaign to link to these Site without the express written permission of the Campaign. Further, you may not use, frame or utilize framing techniques to enclose any Campaign trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without the Campaign’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Campaign or any third party. The Campaign makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of the Campaign and the Campaign is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Campaign provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by the Campaign of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
  4. Third Party Content. We may make third party information and other content available on or through the Site (the “Third Party Content”) as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the Site (“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. The Campaign does not control, endorse or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that the Campaign is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
  5. Advertisements and Promotions; Third-Party Products and Services. The Campaign may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party organizations, products, or services on the Site. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. The Campaign is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Campaign advertisers or third party information on the Site.
  6. Submissions. You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or the Campaign that are provided by you in the form of email or other submissions to the Campaign, or any postings on the Site (“User Content”), are non-confidential and shall become the sole property of the Campaign. The Campaign shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
  7. Indemnification. You agree to defend, indemnify and hold harmless the Campaign, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, or any act or omission relating to the Site or the User Content, including without limitation any actual or threatened suit, demand or claim made against the Campaign and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
  8. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE CAMPAIGN, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE CAMPAIGN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. THE CAMPAIGN DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

 

THE CAMPAIGN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE THE CAMPAIGN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, THE CAMPAIGN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

 

THE CAMPAIGN IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OR OTHER USERS OF THE SITE.

 

The Campaign reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Campaign.

 

  1. Limitation of Liability. IN NO EVENT SHALL THE CAMPAIGN OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE CAMPAIGN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE CAMPAIGN’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CAMPAIGN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE CAMPAIGN FOR ACCESS TO OR USE OF THE SITE.
  2. Dispute Resolution; Binding Arbitration.

 

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Campaign and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

 

No Representative Actions. You and the Campaign agree that any dispute arising out of or related to these Terms or our Site is personal to you and the Campaign and that any dispute will be resolved solely through individual action, and will not be brought as, and you hereby waive the right to bring, a class arbitration, class action or any other type of representative proceeding.

 

Arbitration of Disputes. Except for small claims disputes in which you or the Campaign seeks to bring an individual action in small claims court located in the county of your billing address, you and the Campaign waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Site, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against the Campaign you agree to first contact the Campaign and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to the Campaign by email at [email]. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and the Campaign cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Washington, DC unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 12, a “consumer” means a person using the Site for personal, family or household purposes. You and the Campaign agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

 

You and the Campaign agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

 

The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute.  The arbitrator, the Campaign, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

 

You and the Campaign agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and the Campaign will pay the remaining JAMS fees and costs. For any arbitration initiated by the Campaign, the Campaign will pay all JAMS fees and costs. You and the Campaign agree that the courts of the District of Columbia and of the United States sitting in the District of Columbia have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

 

Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and the Campaign will not have the right to assert the claim.

 

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 12 by emailing us at brian@rudyforgreeley.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 13.

 

If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be enforceable.

 

With respect to any text programs offered by the Campaign, the Campaign’s platform provider is a third-party beneficiary of the foregoing arbitration, class action, and jury waiver provisions.

  1. Governing Law and Venue. Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of the District of Columbia, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the District of Columbia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties not subject to arbitration will be resolved in the courts of the District of Columbia and the United States, respectively, sitting in the District of Columbia.
  2. Termination. Notwithstanding any of these Terms, the Campaign reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
  3. Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  4. Questions & Contact Information. Questions or comments about the Site may be directed to the Campaign at the following email address: brian@rudyforgreeley.com.