Terms of Use

1. PRIVACY POLICY. Please refer to our Privacy Policy, information on how we collect, use, and disclose personally identifiable information from users of the Website.

2. COPYRIGHT AND LIMITED LICENSE. Unless otherwise indicated on the Website, the Website and all content and other materials thereon, including, without limitation, Breighton Smith's logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Breighton Smith and us and are protected by U.S. and international copyright laws. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. You are granted a limited, non-sublicensable license to access and use the Website and the Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of the Website or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Website; (c) modifying or otherwise making any derivative uses of the Website and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Website, the Site Materials or any information contained therein, except as expressly permitted on the Website; or (f) any use of the Website or the Site Materials other than for its intended purpose. This license is revocable at any time. Any use of the Website or the Site Materials other than as specifically authorized herein without the prior written permission of the Conservatives for Breighton Smith campaign committee and Breighton Smith is strictly prohibited and will terminate the limited license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications statutes and regulations.

3. REPEAT INFRINGER POLICY. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of terminating subscribers or account holders who are deemed to be repeat infringers, in appropriate circumstances as determined by us in our sole discretion. We may also, at our sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4. HYPERLINKS. You may not use our logo or our other proprietary graphics to link to the Website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose our logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ours or any third party. We make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by hyperlink from the Website, or sites linking to the Website. Such sites are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies will no longer govern your activity. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Website.

5. THIRD PARTY CONTENT. We may make third party information and other content available on or through the Website (the "Third Party Content") as a service to those interested in this information, and we may provide information regarding or access to third party products or services available on or through the Website ("Third Party Products and Services"). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties, or representations associated therewith, are solely between you and such third party. We do not control, endorse, or adopt any Third Party Content or Third Party Products, and make no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review any Third Party Content. Users use such Third Party Content contained in Third Party Products at their own risk.

6. LINKS TO AND INFORMATION ABOUT THIRD PARTY SITES. We may provide information about or links to third-party organizations on the Website. Your dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party information on the Website. Furthermore, we may provide links to original articles written and maintained by third parties. These links are provided as a convenience and do not imply a claim of ownership in that content.

7. SUBMISSIONS. You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Website or us that are provided by you in the form of email or other submissions to us, or any postings on the Website, are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.

8. USER CONTENT AND INTERACTIVE SERVICES OR AREAS. The Website may include interactive areas or services ("Interactive Areas"), such as forums, blogs, chat rooms, or message boards, or other areas or services in which you or other users may create, post, share, or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Website ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish to or through the Website any of the following: User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, discriminatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading; User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, advertising, or solicitations; Private or personally identifying information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and User Content which violates the terms of any of our guidelines, policies or rules posted on the Site or otherwise provided to you; and User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose us or our users to any harm or liability of any type. We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity or other objectionable content you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by such rules. As a provider of interactive services, we are not liable for any statements, representations, or User Content provided by its users in any Interactive Area. Although we have no obligation to do so, we reserve the right, and have absolute discretion, to remove, screen, or edit any User Content posted or stored on the Website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms of Service and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or the Website. Except as otherwise provided, you retain ownership of all User Content you post on the Website. However, if you post User Content to the Website, unless we indicate otherwise, you grant as and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications in support of us and the issues, and causes we support, without any right of compensation or attribution. You grant us and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if we/they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.

10. INDEMNIFICATION. You agree to defend, indemnify and hold harmless us, our affiliated organizations, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Website, your use of the Interactive Areas, or any act or omission relating to the Website or the User Content, including without limitation any actual or threatened suit, demand, or claim made against us and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Service or your violation of the rights of any third party.

11. DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE WEBSITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY LISTED PRICES FOR MERCHANDISE BEING OFFERED ON THE WEBSITE IN EXCHANGE FOR A CONTRIBUTION INCLUDES APPLICABLE SALES/USE TAX. WE ARE ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE WEBSITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE SITES. We reserve the right to change any and all content contained in the Website and any Services offered through the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Conservatives for Breighton Smith campaign committee, Breighton Smith, and/or our affiliates, successors, assignees, employees, agents, or independent contractors.

13. Agreement to Arbitrate Disputes on an Individual Basis. Any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by either you or us against the other arising from, relating to or in any way concerning the Terms of Service, Privacy Policy, or any goods you receive from us (or from any advertising for any such goods) must, at the demand of either party, be submitted to and determined by binding and confidential arbitration in Warren County, Ohio, before a single arbitrator. To the extent issues of state law are implicated, the laws of the state of Ohio shall apply. This agreement to arbitrate also includes: (i) Claims relating to the enforceability or interpretation of any of these arbitration provisions; (ii) Claims that relate directly to the Conservatives for Breighton Smith campaign committee, Breighton Smith, and/or our affiliates, successors, assignees, employees, agents, or independent contractors; and (iv) Claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to by you and us that the arbitration of such claims must proceed on an individual (non-class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis. The parties shall maintain the confidential nature of the arbitration proceedings and award, including the hearing, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or enforcement of the award, or unless otherwise required by law or judicial decision. Judgment upon the award rendered by an arbitrator hereunder may be entered in any court having jurisdiction. YOU AND US HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT YOU HAVE TO A JURY TRIAL, OR AN APPEAL TO A STATE OR FEDERAL COURT OF APPEAL, WITH REGARD TO ANY DISPUTE ARISING UNDER, RELATING TO, OR IN CONNECTION WITH THE Terms of Service, Privacy Policy, or any goods you receive from us (or from any advertising for any such goods). ALL SUCH DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION AND NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.

16. CONTRIBUTION POLICIES. All contributions to the Conservatives for Breighton Smith campaign committee and Breighton Smith through the Website must be made from a contributor’s own funds, not funds provided to the contributor by another person, and using a personal credit card, not a corporate credit card. Contributions may not be made by any federal government contractor, foreign national lacking permanent-resident status in the United States, or using the general treasury funds of a corporation, labor organization, or national bank. Contributions to the Conservatives for Breighton Smith campaign committee and Breighton Smith are not deductible for federal income tax purposes. Funds received in response to any solicitation will be subject to state contribution limits and source prohibitions. State law requires us to use our best efforts to collect and report the name, mailing address, occupation, and name of employer of individuals who contribute to the Conservatives for Breighton Smith campaign committee and Breighton Smith.

17. CONTRIBUTION REFUND AND CANCELLATION POLICY. All contributions to the Conservatives for Breighton Smith campaign committee and Breighton Smith are final. Refunds and cancellations may be given at the sole discretion of the Conservatives for Breighton Smith campaign committee and Breighton Smith.  If you believe that an error has been made in connection with your online contribution, contact us at donate@breightonsmith.com. We will endeavor to work with you to correct any such error.