1. Purpose. eVoteMAX is provided as a restricted-access online service accessible only through the Internet website www.EVOTEMAX.com. In order to access or make use of eVoteMAX, you must be either 1) a person or entity who has set up an account with us to have access for purposes of conducting an election, poll, survey, or other tally within or amongst a group of individual persons with whom you have some lawful business or associational interest, or 2) an individual person who is actually casting a vote or answering a query as part of an election, poll, survey, or other tally as aforesaid.
2. Property. eVoteMAX, the underlying software that operates it, the Internet website through which it is accessed, the screen displays used or generated in conjunction with it, the HTML used to generate any such displays, and all text, graphics, audio, and other content that make up all or any portion of the foregoing ("Content"), are the sole and exclusive property of ePayApp. You may not access, view, download, copy, post, publish, reverse engineer, decompile, disassemble, alter, modify, add to, delete from, or prepare derivative works from, any code that is part of the said underlying software. Similarly, you may not reproduce, post, publish, or prepare derivative works from any Content, other than your doing such downloading as is a necessary incident of accessing and making use of eVoteMAX. Notwithstanding any of the foregoing, you retain ownership of all data which you upload or enter as part of your accessing of eVoteMAX, and retain as well a royalty-free license in perpetuity as to all outputs generated by eVoteMAX displaying any compilation or other presentation as to your data.
3. Your Account. Access to and use of eVoteMAX requires that you first set up an account with us, as part of which account you will need to select a user name and password. In setting up such account, you must provide correct and complete identifying information and must keep all such information current throughout the duration of your account. Unless we so authorize in advance in writing, you may not sell or transfer your account to any third party, nor may you allow a third party to access your account. Notwithstanding the foregoing, you may allow third parties to access your account if each such third party is an individual person who is accessing your account in order to cast a vote or answer a query as part of an election, poll, survey, or other tally to which your account pertains.
5. Prohibitions. You may not do or attempt any of the following:
1) access eVoteMAX other than through the interfaces and instructions that we provide;
2) breach, circumvent, or disable the security protections or authentication measures of our eVoteMAX website or of any computer system or network related thereto;
3) probe, scan, or test the vulnerabilities of the eVoteMAX website or any computer system or network related thereto;
4) interfere with the normal functioning of the eVoteMAX website or any computer system or network related thereto;
5) make excessive usage of eVoteMAX that adversely affects the speed, responsiveness, and functionality of eVoteMAX for other users;
6) interfere with others' use of eVoteMAX;
7) upload to eVoteMAX, or post, link to, transmit, or otherwise cause to be displayed or associated with eVoteMAX, any content which is unlawful, harassing, threatening, false, misleading, obscene, vulgar, profane, defamatory, or in violation of the rights of any third party (including but not limited to copyright rights, trade secret rights, and any right of publicity or privacy), nor any material that would encourage or incite third parties to do any of the foregoing;
8) upload any files to eVoteMAX for the purpose of having such files hosted by us and for use in transactions that are not part of the particular election(s), poll(s), survey(s), or other tally(ies) for which we are granting you access to eVoteMAX;
9) upload any files to eVoteMAX that would use a substantially larger-than-normal amount of computer memory, unless with our prior written consent;
10) access the data of any other person or entity who has an account on eVoteMAX;
11) deploy to the eVoteMAX website or any computer system or network related thereto any robot, spider, site search/retrieval application, or any other code designed to surreptitiously retrieve, index, or data-mine any information originating with a third party;
12) introduce into the eVoteMAX website or into any computer system or network related thereto any virus, malware, worm, Trojan Horse, trap door, time bomb, or other code that is capable of corrupting our own or any third party's website, system, or network or of destroying any data in same;
13) engage the eVoteMAX website or any computer system or network related thereto in the generating of chain letters, spam, junk mail, or mass-mailings to persons with whom you have no pre-existing lawful business or associational interest;
14) falsify or obscure your identity when sending any communication through eVoteMAX;
15) forge any eVoteMAX TCP/IP packet header or any part of such header- information in any e-mail or newsgroup posting;
16) use eVoteMAX to collect Social Security numbers or any other form of governmentally-issued personal-identifying number; credit, debit, or other payment card numbers; bank account or other financial account numbers; medical information; or passwords or other security codes meant for restricting access in any setting whether or not related to eVoteMAX;
17) use eVoteMAX to collect personally identifiable information on minors except in compliance with the Children's Online Privacy Protection Act of 1998;
18) use eVoteMAX to transmit any information or data in violation of any export-control law or regulation;
19) use eVoteMAX in any way that would subject us to any industry-specific laws or regulations without first fully informing us of same and getting our prior written consent;
20) resell, sublicense, lease, time-share, or otherwise commercialize your access to eVoteMAX; or
21) use eVoteMAX for any illegal activity or as part of any cooperative scheme the totality of which would be reasonably anticipated to result in illegal activity.
6. Penalties. Known or suspected violation of any of the foregoing Prohibitions shall be grounds for immediate suspension or termination of your access to eVoteMAX; shall be grounds for the holding of all files, data, and other evidence relating to the violation in issue; and shall be grounds for seeking and obtaining immediate legal remedies, including but not limited to seeking preliminary and permanent injunctive relief without the necessity of having to plead or prove any actual damage.
7. DMCA Policy. In accordance with the U.S. Digital Millennium Copyright Act, third parties who believe that any content uploaded to eVoteMAX may be in violation of their rights may direct notice of same to "DMCA Designated Agent, Becker & Poliakoff, P.A., 1 East Broward Boulevard, Suite 1800, Fort Lauderdale, Florida 33301, U.S.A.," by phone (in the U.S.) to 954-987-7550, or by e-mail to email@example.com. We reserve the right to promptly remove any materials which you upload to, post on, or otherwise display on the eVoteMAX website which a third party alleges to be in violation of their copyright rights and/or which eVoteMAX finds to be inappropriate or otherwise unsuitable for display. It is our policy to promptly give you notice of any such removing of materials so that you have the opportunity to send us notice contesting what the third party alleges. In appropriate circumstances, we will terminate the accounts of subscribers to eVoteMAX who are repeat copyright infringers.
11. Legal Disclaimers. In no event shall any access to eVoteMAX, any material displayed in conjunction with eVoteMAX, or any output generated by eVoteMAX, be understood or construed as being legal advice; as bringing into being any attorney-client relationship or any fiduciary relationship; or as approving or verifying any particular election, poll, survey, or other tally, or the methodology or results of same.
12. Warranty Disclaimers. eVoteMAX is provided to you "as is" and on an "as available" basis. As to the eVoteMAX website, functionality, and content, and to the fullest extent permitted by law, we make no warranties, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose, other than the purpose of tallying votes as would normally be expected in a multiple-choice selection-event.
13. Limitation of Liability. To the fullest extent permitted by law, in no event shall we be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages, whether any such damages may be argued to be reasonably anticipated or not. In no event shall our liability to you as to any particular period of time exceed the total amount of fees paid by you to us for your having access to eVoteMAX for that particular period of time.