OurGov is a business-to-business software platform that allows its subscribers to access government lobbying and policy information about legislative and regulatory proposals in the Wisconsin State Legislature (“the Services”).
These Terms govern the rules, regulations, and policies of the OurGov website (“the Site”). These Terms also incorporate our Privacy Policy (“the Policy”). Please read the Policy carefully because it also governs your use of the Services and includes important provisions of the contract between you and us.
By subscribing to the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms without limitation or qualification. If you are subscribing to the Services on behalf of an organization, you acknowledge that you have the authority to bind that organization to these Terms, and, in subscribing to the Services on behalf of that organization, agree to bind that organization by these Terms without limitation or qualification. If you are agreeing on behalf of an organization, “you” and “your” as used in the Terms will refer to that organization.
By agreeing to these Terms, you are representing to us that you are over 18 years old.
Please read these Terms of Service (“the Terms”) carefully because they form an enforceable and binding contract between you and OurGov LLC (“we” and “us”), collectively “the Parties” and each, individually, a “Party”.
You may use the Services only in compliance with these Terms and only if you have the power to form a contract with us and are not barred under any applicable laws from doing so.
Access To OurGov Services
To subscribe to the Services, you must create a user account on the Site and pay all applicable subscription fees. You must keep your account username and password(s) confidential. You shall not allow or authorize, directly or indirectly, any third party to access or use the Services on your behalf. You shall contact us immediately if your account is hacked, compromised or otherwise misused. You are responsible for all activities that take place with your account. We shall not be liable for any loss or damage arising from any unauthorized use of your accounts. You must not continually create and delete user accounts in an attempt to avoid payment of the provided services, for example via the use of coupon codes or free trial. If you are found in violation of the Terms, we may terminate or revoke access to your account without notice. We reserve the right to terminate your account for any reason in our sole discretion without notice.
If a third party, such as an employer, gave you your account, you are not entitled to control your account. You are not entitled to any remedy or action from us if that third party: (i) manages your account (ii) resets your password (iii) suspends or cancels your account (iv) views your account’s usage and profile data, including how and when your account is used and (vi) reads or stores content in your account.
Payments
You represent and warrant that you are authorized to use the payment method that you enter when you pay the opening and monthly subscription fees associated with your account. We are entitled to charge you, via the payment method you used to open your account, for any amount of money you owe to us. We may initiate payments (a) at the time of purchase; (b) shortly after purchase; or (c) on a recurring basis for subscription Services.
Changes in Service
We may modify these terms or any additional terms that apply to the Services. You should look at the Terms regularly. If you do not agree to the modified Terms for the Services, you should discontinue your use of the Services.
Consent To Electronic Communications & Solicitation
By registering with us, you understand that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services, and (b) promotional information and materials regarding the Services and other products, via electronic mail. We will give you the opportunity to opt-out of receiving such non-mandatory electronic mail from us by following the opt-out instructions provided in the message.
We may also send you, in electronic form, mandatory notices about the Services and information the law requires us to provide. We may provide mandatory or required information to you by email at the address you specified when you signed up for the Services. Mandatory or required notices emailed to you will be deemed given and received when the email is sent. You cannot opt-out of receiving mandatory or required notices. If you do not consent to receive mandatory or required notices electronically, you must stop using the Services.
Suspension & Termination of Use
You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time, in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Services for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause us to have legal liability or disrupt others’ use of the Services; (c) scheduled downtime and recurring downtime; or (d) unplanned technical problems and outages.
In addition to other termination provisions, we, at our discretion, may terminate your account if: (a) you do not engage in any activity in your account within thirty days after becoming a registered user, or (b) you do not engage in any activity in your account for any period of one-hundred and twenty consecutive days.
Disclaimer of Warranty and Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE ARE NOT RESPONSIBLE FOR ANY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICES OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO CONTENT MADE AVAILABLE THROUGH OUR SERVICES.
WE FURTHER DISCLAIM ANY WARRANTY THAT CONTENT WILL BE DELIVERED FREE OF TECHNICAL FAILURE OR DEFECT OR THAT WE WILL MONITOR OR MANAGE ANY RIGHTS ASSOCIATED WITH ANY CONTENT.
IN NO EVENT SHALL WE OR OUR PARTNERS BE LIABLE FOR ANY GENERAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LOSS OF OPPORTUNITY, BUSINESS, PROFIT, REVENUE OR ROYALTIES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, INFRINGEMENT OR OTHER THEORY OF LIABILITY, EVEN IF WE OR OUR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Mediation
The Parties shall first submit any dispute to the American Arbitration Association (“AAA”) for mediation in accordance with its Commercial Mediation Procedures, setting forth the subject of the dispute and the relief requested. If the Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of either Party to agree to enter into mediation or agree to any settlement proposed by the mediator, within thirty days after the mediation, either Party may then commence binding arbitration in accordance with the provisions of section 9.
Arbitration
The Parties shall settle any controversy or claim arising out of or relating to this contract, or the breach thereof, that is not settled in mediation, by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules.
Governing Law
This Agreement is governed by, and construed in accordance with, the laws of the State of Wisconsin, without reference to its conflict of laws provisions or rules of construction concerning the draftsman hereof.
Entire Agreement
These Terms (including the Policy) are the entire and exclusive agreement between you and us with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third-party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later.
Severability
If a provision of the Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
Indemnification
You shall pay all third-party judgements against us, including reasonable attorney’s fees and any court costs, that arise from you infringing a third party’s intellectual property rights in relation to your use of the Services.
Non-Competition
You shall not use the Services to compete commercially or otherwise with us, such as by using the knowledge you gained by engaging with the Services to create a similar product or service and sell such product or service in commerce.