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Terms of Use

TL/DR:

We operate an event web design service from ElectionWebsites.ca. Our basic service is the sale of a portable installation of WordPress optimized for use by a candidate campaign. We offer additional services at the discretion of our subscribers. Our service is designed to give you as much control and ownership over what goes into your campaign site as possible and we encourage you to express yourself freely. This package gives your campaign the best practices in design, features and optimizations. In taking ownership of your site, keep the site in and the hosting in good repair and in good standing: in other words: no spam, malware, viruses, or seditious content or hate content. Your campaign and campaign workers are responsible for the content and the good working order of your website. If your website has issues, we have a support forum and we can be contracted to carry out site support.

Our service levels are : the basic, DIY option; the basic site with a list of add-ons we can add to your installation; and the wholly managed option.

If you find an ElectionWebsites.ca site that you believe violates our terms of service, please contact us.

Terms of Service:

The following terms and conditions govern all use of the ElectionWebsites.ca website and all content, services and products available at or through the website. The Website is owned and operated by Web321 Marketing Ltd. (“Web321” or “Election Websites”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Election Websites’s Privacy Policy) and procedures that may be published from time to time on this Site by Election Websites (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Election Websites, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your ElectionWebsites.ca Account and Site. The ElectionWebsites.ca account is used to engage with Elections Websites and other users of the Election Websites systems. If you create a site with one of our installation packages, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur on your website and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner. You must immediately notify Election Websites of any unauthorized uses of your site, your account or any other breaches of security. Election Websites will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such exploits, acts or omissions.
  2. Responsibility of Contributors. If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
    • your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods;
    • your site is not presented in a manner that misleads your readers into thinking that you are another person or company; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Election Websites or otherwise.
    • you agree that the interactions between you and the Election Websites system do not imply an endorsement of the campaign, statements by the candidate or statements by persons associated with the campaign.

You also give other ElectionWebsites.ca users permission to view your published Content on other ElectionWebsites.ca sites.

If you delete Content from an Election Websites account or system, Election Websites will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. 

Without limiting any of those representations or warranties, Election Websites has the right (though not the obligation) to, in Election Websites’s sole discretion (i) refuse or remove any content that, in Election Websites’s reasonable opinion, violates any Election Websites policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Election Websites’s sole discretion. Election Websites will have no obligation to provide a refund of any amounts previously paid.

  1. Payment and Renewal.
    • General Terms.
      Optional paid services such as extra storage, or domain purchases are available on the Website (any such services, listed as available under the “Campaign Helper” option). By selecting an Upgrade you agree to pay Election Websites the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
    • The fees for your purchase are due before products and services are provided.
    • In the event you cancel your services, no refunds or credits will be provided for partial or unused months.
    • If you upgrade your Plan level, you will immediately be charged for the increased price of the upgraded Plan, pro-rated to reflect the remaining duration of your subscription period, and you will be charged the full amount of the then-current rate for the new Plan, as provided at https://ElectionWebsites.ca/pricing, beginning with your next billing cycle.
    • If you desire to downgrade your Plan level prior to the end of your subscription period, the Plan downgrade will take immediately, and you will not receive any refunds for payments made on your current billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. Election Websites disclaims liability for any such loss.
    • Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
    • Automatic Renewal.
      Unless you notify Election Websites before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
  2. Change in Fees. We may change the fees at any time or impose additional fees or charges.Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, provided that if you upgrade or downgrade to a new Plan, whether at your election you will be charged at the then-current rate for such Plan, as provided at https://www.ElectionWebsites.ca/pricing.
  3. Payment of Fees. As an express condition of your use of and access, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use.We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.We reserve the right to deactivate your access for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in Canadian Dollars.
  4. Credit Card Payments.  All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later.You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact Election Websites if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Election Websites username or password).You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
  5. Account Cancellation.  You may cancel your Plan by either contacting us and speaking to an authorized account representative or sending an email to sales@ElectionWebsites.ca.For clarity, if you cancel your plan prior to the conclusion of your twelve (12) month subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your subscription period.If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, and any data or information stored in your account.
  6. Responsibility of Website Visitors. Election Websites has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Election Websites does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Election Websites disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  7. License to Election Websites Software. Except as expressly set forth herein, you shall not (x) use, reproduce, modify, or create derivative works of the Segment/Mixpanel Script, or (y) transfer, lease, lend, sublicense, use for time sharing, or service bureau purposes, resell or otherwise distribute or allow third-party access to all or any portion.3.2 License to Client DataAs between you and Election Websites, you shall retain ownership of any information, data and statistics that Election Websites obtain.You hereby grant to Election Websites a royalty-free, non-exclusive, irrevocable, right and license to access your registered web page(s) and to access and log (a) any information concerning users’ actions, entries, or activities on your web page(s), (b) any information sent to you by users’ web browsers concerning users’ web activities (including registrations, and purchases, etc.) immediately prior to visiting your web page(s) (e.g., URL information and HTTP header information), and/or (c) any data or other information you provide to Election Websites (collectively “Client Data”) for the purposes of (i) providing you with reports and other functions; (ii) analyzing and improving; and/or (iii) compiling aggregate data derived from your use to compile statistics, metrics, insights and general trend data , among other things, Election Websites’s marketing and promotional purposes. This information will be presented only in aggregate form, and we will not share specific site data that identifies you or your visitors without your permission.You represent and warrant that you have all rights, licenses, and consents required to license Client Data to Election Websites on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.
  8. Security. Your Election Websites account is protected by a username and password, and should be accessed only by you or authorized third parties. You should take steps to protect against unauthorized access to or use of your username and password. You should also remember to log off when using any shared computer or device.Election Websites has implemented reasonable security mechanisms to protect your information and Client Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited and password-protected access, high security public/private keys, encryption on processed data, and SSL encryption to protect transmission of data.However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access Client Data, information you provide to Segment/Mixpanel, information we compile on your behalf, and/or information that we collect about you. Election Websites cannot guarantee the security of such information and is not responsible for unauthorized access to your account or Client Data.
  9. Limiting Access to Your Information. Election Websites will not knowingly permit access to, or otherwise divulge to a third party, the statistical information we compile for you except for the express purpose of generating reports which have been requested, authorized or approved by you, or unless acting under a good faith belief that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect and defend the rights or property of Election Websites; (c) enforce our agreements with clients and/or visitors to our Website; (d) troubleshoot problems with the Services; or (e) create aggregate reports.
  10. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ElectionWebsites.ca links, and that link to ElectionWebsites.ca. Election Websites does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, Election Websites does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Election Websites disclaims any responsibility for any harm resulting from your use of non-EventSmart websites and webpages.
  11. Copyright Infringement and DMCA Policy. As Election Websites asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ElectionWebsites.ca violates your copyright, you are encouraged to notify Election Websites. Election Websites will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Election Websites will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Election Websites or others. In the case of such termination, Election Websites will have no obligation to provide a refund of any amounts previously paid to Election Websites.
  12. Intellectual Property. This Agreement does not transfer from Election Websites to you any Election Websites account or system; or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Election Websites. Election Websites, ElectionWebsites.ca, the ElectionWebsites.ca logo, and all other trademarks, service marks, graphics and logos used in connection with ElectionWebsites.ca, or the Website are trademarks or registered trademarks of Election Websites or Election Websites’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Election Websites or third-party trademarks.
  13. Advertisements and Notifications. Election Websites reserves the right to display advertisements and notifications in the administration system of your site.
  14. Attribution. Election Websites reserves the right to display attribution links such as ‘Site at ElectionWebsites.ca,’ theme author, and font attribution in your site footer or toolbar. Footer credits and the ElectionWebsites.ca toolbar may not be altered or removed regardless of upgrades purchased. Any applications included in the installation package retain their own intellectual property rights and rights to attribution; and this agreement does not supersede those rights holders. 
  15. ElectionWebsites.ca Themes. By activating a partner theme from ElectionWebsites.ca section of our themes directory, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating a partner theme.
  16. ElectionWebsites.ca Plugins. By activating or using an activated partner plugin from ElectionWebsites.ca section of the plugin system, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating and deleting a partner plugin.
  17. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
  18. Performance. We attempt to provide an application that will sustain reasonable traffic and usage loads based on the expectations set by previous users in recent previous months. If for any reason you or your website exceeds those expectations we may contact you to discuss your impact and the options which may include: a) requiring additional fees to cover the overages or added resources, b) asking you to stagger the load or traffic to your website, c) migrate to your own server, d) use another service, or e) another option that is amicable to both parties.
  19. Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our sites, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using ElectionWebsites.ca within the designated notice period. Your continued use of ElectionWebsites.ca will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
  20. Termination. Election Websites may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ElectionWebsites.ca account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  21. Disclaimer of Warranties. The Website is provided “as is”. Election Websites and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Election Websites nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  22. Limitation of Liability. In no event will Election Websites, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Election Websites under this agreement during the twelve (12) month period prior to the cause of action. Election Websites shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  23. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Election Websites Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  24. Indemnification. You agree to indemnify and hold harmless Election Websites, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  25. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
  26. Miscellaneous. This Agreement constitutes the entire agreement between Election Websites and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Election Websites, or by the posting by Election Websites of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Victoria, British Columbia. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Election Websites may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.