Terms of Use

 

These Terms of Use (“Terms”) govern your use of the Website, all Content, and your relationship with TellMyGov. Your access to the Website and use of the Services is conditioned by your acceptance of these Terms. By using the Services or accessing the Website, you agree to these Terms.

 

  1. Privacy

    TellMyGov values your privacy and the privacy of its many users. In addition to merely governing TellMyGov’s collection and use of your information, TellMyGov’s Privacy Policy has been created in an effort to clearly and concisely disclose how you can use the Website to share information with others. Please take time to read the Privacy Policy, and to use it to help make informed decisions.
     

2.      Passwords

 

As a Website user, you are responsible for protecting the password that you use to access the Website and use the Services. When selecting a password for your user account, you are encouraged to use a password that uses a combination of upper and lower case letters, numbers, and symbols. TellMyGov cannot and will not be liable for any loss or damage arising from your failure to comply with the standards identified above.

 

  1. Content

 

You own all of the Content and information you post on the Website. Because you own the information you post on the Website, you determine, by your privacy settings, how your Content is shared. Any and all Content posted or transmitted by each user is the sole responsibility of that user. TellMyGov may not monitor or control the Content posted on the Website and will not be responsible for such Content. Further:

 

    1. You grant, subject to your privacy settings, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to TellMyGov to use any Content that may be identified by intellectual property rights, such as photographs and videos (“IP Content”), that you post on or in connection with the Website (“IP License”). Such IP License terminates upon (1) your deletion of your IP Content and (2) the deletion by third-parties of all of your IP Content that was shared with third-parties.

 

    1. In the event you delete IP Content, you acknowledge that deleted Content may be retained by TellMyGov in backup copies for a reasonable period of time.

 

    1. TellMyGov does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Website or endorse any opinions expressed via the Services. You acknowledge that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will TellMyGov be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

 

    1. In the event you utilize an application made available on, by, or through the Services, your Content and information may be shared with the application. The use, storage, and transfer that Content and information is governed by your agreement with that application.

 

    1. You agree to not post Content or take any action on TellMyGov that infringes or violates any person’s rights or otherwise violates any applicable law.

 

    1. TellMyGov may, at its sole discretion, remove any Content or information posted on the Website.

 

    1. You will not use TellMyGov copyrights or trademarks, or any confusingly similar marks, without TellMyGov’s written permission.

 

    1. You will not post any person’s identification documents or sensitive financial information on the Website.

 

    1. You will not post any link to any website that violates these Terms if the content of such other website would violate the Terms if posted directly on or downloaded directly to the Website.

 

  1. Ownership

 

All right, title, and interest in and to the Website and the Services (excluding Content provided by users) are and will remain the exclusive property of TellMyGov and its licensors. The Website and the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the TellMyGov name or any of the TellMyGov trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding TellMyGov, or the Website or the Services is entirely voluntary and TellMyGov will be free to use such feedback, comments or suggestions as TellMyGov sees fit and without any obligation to you.

 

  1. Safety

    Although TellMyGov cannot guarantee the safety of the Website’s users, TellMyGov takes extensive measures to maintain the safety of the Website. As an extension of those efforts and as a condition of your use of the Services, you agree as follows:

 

    1. You will not send or otherwise post unauthorized commercial communications (such as spam) on the Website;

 

    1. You will not collect users’ content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without permission from TellMyGov;

 

    1. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Website;

 

    1. You will not upload viruses or other malicious code;

 

    1. You will not solicit login information or access an account belonging to any other Website user;

 

    1. You will not bully, intimidate, or harass any user;

 

    1. You will not post Content on the Website that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;

 

    1. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without age-based restrictions authorized by TellMyGov;

 

    1. You will not offer any contest, giveaway, or sweepstakes (“Promotion”) on the Website without the prior written consent of TellMyGov. If TellMyGov consents to such Promotion, you accept full responsibility for such Promotion and you represent that:

 

      1. Such Promotion shall conform to all guidelines and policies governing your use of the Services that are set forth by TellMyGov.

 

      1. If you use the Website to communicate about or administer a Promotion, you assume full responsibility for the lawful operation of that Promotion. Further, you acknowledge that compliance with these guidelines does not constitute the lawful compliance of a Promotion. In the event you are not knowledgeable about the applicable laws and regulations that may govern a Promotion, please consult with an expert.

 

      1. Promotions posted to or solicited on the Website must include a complete release of TellMyGov by each Promotion entrant or participant, an acknowledgment that the Promotion is in no way sponsored, endorsed or administered by, or associated with, TellMyGov or the Website, and a disclosure that the participant is providing information to recipients of information and not to TellMyGov. 

 

    1. You will not use the Website to do anything unlawful, misleading, malicious, or discriminatory;

 

    1. You will not do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack;

 

    1. You acknowledge and agree that links to third-party websites may be contained in the Content posted by users and that TellMyGov is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TellMyGov of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources; and

 

    1. You will not facilitate or encourage any violations of these Terms.
       
  1. Registration and Account Security

 

Website users provide their real names and information. As part of TellMyGov’s efforts to safeguard that information relating to registering and maintaining the security of your account, you agree as follows:

 

    1. You will only provide accurate and complete personal information when registering or amending your personal information on the Website;

 

    1. You will not create an account for any person, organization or entity other than yourself without permission;

 

    1. You will not create more than one personal profile;

 

    1. If TellMyGov disables your account, you will not create another one without TellMyGov’s permission;

 

    1. You will not use the Website if you are not legally permitted to do so;

 

    1. If you are a minor, you will not use the Website without the permission and supervision of your legal guardian;

 

    1. You will not use the Website if you are a convicted sex offender;

 

    1. You will keep your contact information accurate and up-to-date; and

 

    1. TellMyGov reserves the right to remove or reclaim any user name if, in the sole discretion of TellMyGov, TellMyGov deems such action appropriate.

 

  1. Payments and Deals

 

If you make a payment on TellMyGov, you agree to TellMyGov’s Terms of Payment.

  

  1. Advertisers


You can target your specific audience by buying advertisements on the Website. The following additional terms apply to you if you place an order through its online advertising portal (“Order”):

 

    1. When you place an Order, you will select one or multiple advertising package options made available to you on the advertising page of the Website. If TellMyGov accepts your Order, TellMyGov will post to the Website, the advertisements identified by the Order within a reasonable amount of time. When serving your ad, TellMyGov will use its best efforts to deliver the advertisements to the audience you specify when placing your Order. However, TellMyGov makes no guarantee that your advertisement will reach its intended target.

 

    1. In instances where TellMyGov believes doing so will enhance the effectiveness of your advertising campaign, TellMyGov may broaden the targeting criteria you specify.

 

    1. You will pay for your Orders in accordance with TellMyGov’s Payments Terms. The amount you owe will be calculated based on TellMyGov’s tracking mechanisms.

 

    1. Your advertisements will comply with TellMyGov’s guidelines set forth in these Terms.

 

    1. TellMyGov will determine the size, placement, and positioning of your advertisements.

 

    1. TellMyGov does not guarantee the activity that your advertisements will receive, such as the number of clicks your advertisement will recieve.

 

    1. TellMyGov does not control how people interact with your advertisements, and TellMyGov is not responsible for click fraud or other improper actions that affect the cost of running advertisements.

 

    1. You can cancel your Order at any time through TellMyGov’s online portal. Although Orders may be cancelled, advertisements may continue to run for a period of 24 hours thereafter. You will be responsible for paying for every Order until each advertisement ceases running.

 

    1. TellMyGov’s license to run your advertisement will end when TellMyGov have completed your Order. You understand, however, that if users have interacted with your advertisement, your advertisement may remain until the users delete it.

 

    1. TellMyGov can use your advertisements and related content and information TellMyGov’s marketing or promotional purposes.

 

    1. You will not issue any press release or make public statements about your relationship with TellMyGov without written permission from TellMyGov.

 

    1. TellMyGov may reject or remove any advertisement for any reason.

 

    1. If you are placing advertisements on someone else’s behalf, TellMyGov must have written permission from such person to place those advertisements. Such written permission must state 1) You warrant that you have the legal authority to bind the advertiser to these Terms, and 2) You agree that if the advertiser you represent violates these Terms, TellMyGov may hold you responsible for that violation.

 

  1. Termination

    If you breach any of these Terms, or otherwise create risk or possible legal exposure for TellMyGov, TellMyGov can terminate your access to and use of the Website. Further, you may delete your account or disable your application at any time. In all such cases, these Terms shall terminate. In the event of termination for any reason, the following covenats made in these Terms shall survive: Section 4; Section 10; Section 12; Section 13; Section 14; Section 15; and Section 16.

 

  1. Indemnity

 

In the event any claim, cause of action or dispute (“claim”) is alleged or prosecuted against TellMyGov related to your actions, Content or information on the Website, you will indemnify and hold TellMyGov harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

 

  1. Definitions

 

    1. The term “TellMyGov” means TellMyGov.com, LLC, a Texas limited liability company, its affiliates, and subsidiaries, and each such entity’s members, shareholders, partners, directors, managers, officers, employees, agents, and designees.

 

    1. The term “Platform” means a set of APIs and services that enable others, including application developers and website operators, to retrieve data from the Website or provide data to the Website.

 

    1. The term “information” means facts and other information about you, other than those defined as content, including actions you take.

 

    1. The term “data” means content and information that third parties can retrieve from the Website or provide to the Website through Platform.

 

    1. The term “post” means post on the Website or otherwise make available to TellMyGov (such as by using an application).

 

    1. The term “use” means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works.

 

    1. The term “application” means any application or website that uses or accesses Platform, as well as anything else that receives or has received data from the Website. If you no longer access Platform but have not deleted all data from the Website, the term application will apply until you delete the data.

 

    1. The term “Website” means (a) the website at TellMyGov.com and any other TellMyGov branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) TellMyGov’s Platform; (c) social plugins and (d) other media, software, devices, or networks now existing or later developed.

 

    1. The term “Content” means all information, images, writings, graphics, or other content posted to, transmitted by, or uploaded or downloaded to the Website.

 

    1. The term “Services” means all services provided on the Website by TellMyGov.

 

  1. Transfer

 

    1. You will not transfer any of your rights or obligations under these Terms to any other person, organization or entity without the consent of TellMyGov.

 

    1. All of the rights and obligations of TellMyGov under these Terms are freely assignable by TellMyGov in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

 

  1. Waiver and Severability

 

The failure of TellMyGov to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

 

  1. Service are “AS IS”

 

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, TELLMYGOV AND ITS AFFILIATES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TellMyGov makes no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. TellMyGov will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that TellMyGov has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. TellMyGov makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from TellMyGov or through the Website or through the Services, will create any warranty not expressly made herein.

 

  1. Limitation on Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TELLMYGOV AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TWITTER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

 

  1. Controlling Law and Jurisdiction

 

These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Harris County, Texas, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas (excluding choice of law).

 

  1. Entire Agreement

 

    1. These Terms and any TellMyGov guidelines and policies are the entire and exclusive agreement between TellMyGov and you regarding the Website and the Services (excluding any services for which you have a separate agreement with TellMyGov that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between TellMyGov and you regarding the Services. Other than affiliates of TellMyGov, no other person, organization or entity will be third party beneficiaries to the Terms.

 

    1. TellMyGov may revise these Terms from time to time, the most current version will always be published on the Terms of Service page of TellMyGov.com. If the revision, in TellMyGov’s sole discretion, is material, TellMyGov will notify you via an email to your Website user e-mail account or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

 

 


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