Capitol Crowd, LLC

The Capitol Crowd, LLC
Terms Of Use Agreement

The following terms govern your use of the CapitolCrowd.com web site (the “Site”), which is owned and operated by The Capitol Crowd, LLC ("Capitol Crowd," "us," "we," or "our"), and the products and services offered on the Site. The Site, and the products and services offered on the Site, are referred to in this Agreement collectively as the "Service."

Please read the following information carefully. By accessing the Service or downloading materials from the Site, you are acknowledging and agreeing to these Terms of Use. If you do not accept the Terms of Use stated below, do not make any further use of the Service. We may revise the Terms of Use from time to time without prior notice. You should visit this page periodically to review these Terms of Use, because they are binding on you. These Terms of Use also incorporate by reference the Privacy Policy which you can view by clicking on the applicable link on the Site.

BY USING THE SERVICES AND PROCEEDING FORWARD FROM THIS POINT, YOU ACKNOWLEDGE YOU HAVE REVIEWED, AND YOU AGREE TO ABIDE BY, THIS TERMS OF USE AGREEMENT AND THE PRIVACY POLICY, JUST AS THOUGH YOU HAD SIGNED EACH OF THEM PERSONALLY.

If you do not agree to be bound by this Terms of Service Agreement and our Privacy Policy, please discontinue your use of the Service by clicking the "BACK" button of your browser during the signup process and you will be returned to our home page.

For ease of reference and simplicity, the main sections of this Terms of Use Agreement are broken into the following sections:

1. DESCRIPTION OF THE SERVICE

The Service enables you to create a personal record containing basic information about yourself (your name, e-mail address, and other contact information) as well as more detailed professional and personal data about you. Once submitted, this information will be made available to other subscribers of the Service. To view our Privacy Policy, please click on the “Privacy Policy” link on the Site. As a subscriber to the Service (the “Basic Service”), you have access to a comprehensive, searchable directory containing the names, addresses and phone numbers (among other information) of elected and appointed current and former lawmakers and other staff, lobbyists, media, policy experts, and consultants. You may update your personal record as often as you choose. Because the information is regularly updated, you will be able to readily keep track of office moves, staff changes, and other vital data.

2. USE OF THE SERVICE

The Capitol Crowd grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the information accessed via the Service for your exclusive personal and business use (other than in connection with a service bureau, application service provider, resale, or other similar business). You may not (i) prepare derivative works based on the information, other than for your exclusive use; (ii) publish, distribute, license, sell or otherwise make the Service (or any of the information obtained from the Service) available to others; (iii) modify, reverse engineer, decompile or disassemble any software provided in connection with the Service; or (iv) use the Service (or any of the information obtained from the Service) for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner that could damage, disable, overburden, or impair any Service (or the network(s) connected to the Service) or interfere with any other party`s use and enjoyment of this or any other Capitol Crowd Service. You must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials.

You may not use the Site or the Service to send unsolicited, promotional mass electronic e-mail messages or notifications to one or more recipients or systems (known as “spamming”). Any promotional electronic messages, which are sent in an unsolicited manner to 10 or more recipients, or any series of unsolicited promotional electronic messages to a single user, will be considered as spamming. Spamming also includes sending messages to distribution lists, newsgroup aliases, or group aliases.

You may not use the Site or Service if you are under the age of 13 or to solicit or collect any information from children under the age of 13.

The Service may contain bulletin board-like services, chat areas, news groups, forums, communities, and other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Use any material or information that is made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another`s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.

The Capitol Crowd has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We also reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

We reserve the right at all times to disclose any 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, in our sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your family in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts of Communication Services are not authorized Capitol Crowd spokespersons, and their views do not necessarily reflect those of The Capitol Crowd.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

3. SUBSCRIBING TO THE SERVICE

The following information under this heading "Subscribing to the Service" will apply to you only if you choose to join the Capitol Crowd.

While anyone can access and submit information to the Site for free, you must be connected professionally to Texas state government to continue to be able to access the site. If we cannot determine where you work, we will try to contact you for clarification. If we still cannot determine where you work, your account will be deleted.

All references to "Service" in this Terms of Use Agreement will include those services provided through the Site, and any additional services that we may agree to provide from time to time to you, at such additional fees as we may establish.

To subscribe, you must first complete the registration form found on the Site. To establish a login name and password, we require your e-mail address. We use the login, password and e-mail address to contact you about features on the Site regarding which you have expressed interest and also to inform you of password, e-mail address, and subscription status changes. When you first subscribe, we may request other information. You may provide this other information at your option, but we encourage you to provide the information so we can provide you a more personalized and valuable experience.

By checking on the "I Accept" box for this agreement during the signup process, you certify that you are the person you represent yourself to be, all information you provide is accurate and complete, and you are at least 18 years of age.

We or you may terminate your subscription in accordance with Section 12 below (Termination/Access Restrictions).

4. PRIVACY POLICY

This Agreement should be reviewed along with the Privacy Policy. As stated above, all information submitted by you, except for login, password, and credit or charge card information (including ancillary information required to process the charge) is made available to subscribers of the Service. To view our Privacy Policy, please click on the "Privacy Policy" link on the Site.

Your acceptance of this Agreement is also an indication of your acceptance of and agreement to the terms and conditions set forth in the Privacy Policy.

5. MODIFICATION OF THESE TERMS

We reserve the right to change the terms, conditions, and notices under which the Service is offered, including but not limited to the charges associated with the use of the Service. You are responsible for regularly reviewing these terms and conditions, and additional terms posted on web pages you may access through the Service. Your continued use of the Service constitutes your agreement to all such terms, conditions, and notices.

6. USER ACCOUNT, PASSWORD AND SECURITY

You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

7. LINKS TO THIRD PARTY SITES

The Site and Service may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of The Capitol Crowd and The Capitol Crowd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Capitol Crowd provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. You are responsible for viewing and abiding by the terms of use and privacy statements posted at the Linked Sites.

Any dealings with third parties (including advertisers) accessed through the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.

8. MATERIALS PROVIDED TO THE CAPITOL CROWD OR POSTED ON THE SITE

The Capitol Crowd does not claim ownership of the materials you provide to The Capitol Crowd (including feedback and suggestions) or post, upload, input or submit to any Capitol Crowd Service for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting us, our affiliates, and necessary sublicensees permission to use your Submission in connection with the operation of their businesses and The Capitol Crowd Service, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, score and reformat your Submission; and the right to sublicense such rights to any supplier of a Capitol Crowd Service. No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and we may remove any Submission at any time in our sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

9. CONTENT AVAILABLE THROUGH THE SERVICE

All information/content that is made available to view or download in connection with the Service, excluding information/content or software that may be made available by end-users, is owned by and is the copyrighted work of The Capitol Crowd or its suppliers and is protected by copyright laws and international treaty provisions.

10. LIABILITY DISCLAIMERS

THE CAPITOL CROWD ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, TRUTHFULNESS OR USEFULNESS OF THE DATA, INFORMATION OR OTHER CONTENT ON THE SITE OR ACCESSIBLE THOUGH THE SITE, AND THE CAPITOL CROWD HAS NO RESPONSIBILITY TO CORRECT OR UPDATE ANY DATA, INFORMATION OR CONTENT ON THE SITE. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR REVIEWING AND VERIFYING ANY AND ALL DATA, INFORMATION, AND CONTENT, INCLUDING WITHOUT LIMITATION ITS USEFULNESS, TRUTHFULNESS, ACCURACY, COMPLETENESS OR CURRENCY. YOU ARE RESPONSIBLE FOR USEFULNESS OR VERIFICATION OF THE ACCURACY, COMPLETENESS, TRUTHFULNESS, TIMELINESS, USEFULNESS AND VALUE TO YOU TO WHATEVER EXTENT YOU DEEM NECESSARY, AND YOU AGREE TO INDEMNIFY AND HOLD THE CAPITOL CROWD, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, CLAIM, COST, EXPENSE, INCLUDING, WITHOUT LIMITATION, ATTORNEYS AND ACCOUNTANTS` FEES AND COSTS CAUSED BY YOUR RELIANCE ON ANY CONTENT CONTAINED ON THIS SITE OR ACCESSIBLE OR MADE AVAILABLE THROUGH THIS SITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND TO THE INFORMATION THEREIN. THE CAPITOL CROWD AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SERVICE AT ANY TIME.

THE CAPITOL CROWD AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CAPITOL CROWD AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU AGREE THAT THE CAPITOL CROWD IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED THROUGH THE SERVICE. YOU AGREE THAT THE CAPITOL CROWD IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER`S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT THE CAPITOL CROWD IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING OR INCLUDED IN ANY SERVICE BY ANY THIRD PARTY.

IN NO EVENT WILL THE CAPITOL CROWD OR ITS SUPPLIERS, INCLUDING ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICE;
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE CAPITOL CROWD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES; OR
ACCESS TO OR DISCLOSURE OF INFORMATION UNDER THIS AGREEMENT.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

NEITHER THE CAPITOL CROWD NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE, MEMBERSHIP, PRODUCTS OR SERVICE OR THAT THE MEMBERSHIP, PRODUCTS OR SERVICE WILL BE ERROR-FREE.

11. OTHER LIMITATIONS

You agree that we may establish limits concerning use of any Service offered. You agree that we have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Capitol Crowd Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time.

THE CAPITOL CROWD MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

12. TERMINATION/ACCESS RESTRICTIONS

Unless we terminate your access to the Service for breach of this Agreement, we will continue to provide you with the Service until (i) you have terminated your subscription, by sending an e-mail to support@capitolcrowd.com or (ii) we discontinue the Service.

We reserve the right, in our sole discretion, to terminate your access to any or all of the Service or any portion thereof at any time, without notice, if you breach any of the provisions of this Agreement. Any such termination will be effective immediately, may be made with or without notice, and will be done without any liability to you or any third party. Upon termination of the Service, your right to use the Service immediately ceases. Following termination we have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

13. GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Capitol Crowd as a result of this Agreement or your use of the Service. You agree to indemnify and hold The Capitol Crowd, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys` fees, asserted by any third party due to or arising out of your use of or conduct relating to the Service. We reserve the right to disclose any personal information about you or your use of any Service, including its contents, without your prior permission if we have a good faith belief that such action is necessary to:

conform to legal requirements or comply with legal process;
protect and defend the rights or property of The Capitol Crowd or its affiliates;
enforce this Agreement; or
act to protect the interests of its members or others.

The Capitol Crowd`s performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of The Capitol Crowd`s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any court of competent jurisdiction determines any part of this Agreement to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and us with respect to the Service and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.

A printed version of this Agreement and of any notice given in electronic form is admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

14. COPYRIGHT AND TRADEMARK NOTICES

COPYRIGHT. All contents of this Site are:

Copyright © 2008 The Capitol Crowd, LLC
5929 Republic of Texas Blvd.
Austin, Texas 78735
U.S.A. All rights reserved.

TRADEMARKS. The Capitol Crowd, The Capitol Crowd logo and other Capitol Crowd products referenced herein and on the Site are either trademarks or registered trademarks of The Capitol Crowd. The names of actual companies and products mentioned herein and on the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe in good faith that your copyrighted work has been reproduced on this Site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Valerie Luessenhop, Counsel, c/o The Capitol Crowd, LLC, 5929 Republic of Texas Blvd, Austin, TX 78735.

15. DISPUTE RESOLUTION; ARBITRATION

Any dispute between you and The Capitol Crowd will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (NAF) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute between you and The Capitol Crowd. The arbitration will be held in Travis County, Texas, by submission of documents, by telephone, online or in person. Any decision rendered in the arbitration proceedings will be final and binding on each of the parties, and judgment may be entered in any court of competent jurisdiction. Should either party bring a dispute in a forum other than the NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys` fees, incurred in staying or dismissing the other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that you would have had a right to litigate disputes through a court, and that you have expressly and knowingly waived that right and agreed to resolve any disputes through binding arbitration. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and is governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this section, the term "dispute" means any dispute, controversy, or claim arising out of or relating to (i) the Terms of Service and any other policy or practice of the Site); and (ii) your use of the Site and the Services. You may obtain information from the NAF on line at www.arb-forum.com, by calling 800-474-2371 or writing to P.O. Box 50191, Minneapolis, MN, 55405.

Notwithstanding the foregoing, and pending the completion of arbitration, either party may request injunctive or other equitable relief in connection with any dispute, to protect its rights and/or property at any court, without first resorting to arbitration. In such instances, you irrevocably consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, U.S.A.

If any court of competent jurisdiction determines any part of this Section 15 (Dispute Resolution; Arbitration) to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable portion will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Section 15 will continue in effect.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Capitol Crowd, LLC :: 2008