Welcome to Empowered to Run, and congratulations on taking your first step in exploring a run for office. These Terms of Use (“Terms”) govern your use of Empowered to Run’s (“ETR” “us” “We”) website, apps, courses, and other products and services (“Services”) for learning how to run for office (“Purpose”).
Acceptance of the Terms
By using our Services, you (“User” “You”) agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy, Honor Code, and Third Party Partner’s terms).
In order to provide you with the Services, ETR partners with third party providers such as Amazon Web Services, Google, HubSpot, Give Lively, Stripe, PayPal, eduNEXT, NovoEd, QuincyID, Zapier, Pressable, and Unbounce (“Third Party Partners”). You hereby acknowledge that by using the Services you agree to and accept all of the terms and policies provided on our Third Party Partner’s websites.
If You breach any of the Terms, we reserve the right to suspend your access to the Services and/or terminate your account. We have the right to take legal action against you for any illegal or unauthorized use of the Services. Further, ETR shall fully cooperate with any law enforcement or court order to provide information related to your use of the Services.
Registration and Use
You may only use the Services if you are interested in running for state and local office in the United States of America.
When you create your account, and subsequently when you engage with certain features of the Services, you must provide us with certain information as outlined in our Privacy Policy. It is a condition of your use of the Services that you provide accurate and complete information, and you agree to update your information when it changes. If you are under the age of 13, use of the Services is prohibited. We may impose additional requirements and/or restrictions on certain Services.
Intellectual Property Rights
ETR owns or has a license to the features, functionality, content, information, software, text, displays, images, video and audio, names, logos, product and service names, designs, slogans, trademarks, copyrights, service marks, the design, selection and arrangement thereof, of the Services, all of which are and/or may be protectable under United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (“ETR Intellectual Property”).
You have a limited, personal, non-exclusive, non-transferable, and revocable license to download certain content that will be identified as downloadable from our Services only for your personal, non-commercial use.
Use and License
Subject to these Terms and our policies (including the Privacy Policy and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You also agree that you will create, access, and/or use only one user account, you will not share your account access or log in credentials with any third parties, and you will only use the Services for the Purpose. You agree to notify us immediately of any unauthorized access to or use of your user name and/or password or any other breach of security. Violating any of these terms can result in ETR disabling your access to the Sites and/or terminating your account. Your use of the Services does not give you ownership of any or our intellectual property rights including without limitation, the content you access.
Services Access
We reserve the right to cancel, interrupt, revise, or reschedule the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services.
No Certification
You acknowledge and understand that your use of the Services and/or completion of courses provided through the Services do not grant any type of official certification regarding your ability to run for office. The Services are purely educational. We do not guarantee any success in running for office as a result of your use of the Services. ETR has no obligation to have its Services recognized by any accreditation organization.
Disclaimer of User Relationship
Nothing in these Terms or otherwise with respect to your use of the Services: (a) establishes any relationship between you and any instructor and/or corresponding organization with which ETR or a specific course or piece of content may be affiliated with; or (b) entitles you to use the resources, beyond those provided in the Services, of any organization referred to or featured in the Services beyond participation in the course.
Privacy and Data
All collection and use of information you provide or information collected by you while using the Services is governed by our Privacy Policy, and you consent to all actions we take, consistent with our Privacy Policy, with respect to your information.
User Content
The Services enable you to share your content, such as quiz and registration responses, and other assignments you submit, and the like (“User Content”). You retain all intellectual property rights in, and are responsible for, the User Content you share. We may also collect personal information about you. Policies covering use and collection of your personal information is governed by our Privacy Policy.
To the extent that you provide User Content, you grant ETR a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties including without limitation, links to services maintained by third parties. ETR cannot guarantee that such third party content, in the Services or elsewhere, will be free malware or other contaminants that may harm your computer, mobile device, or any files therein. ETR disclaims any responsibility or liability related to your access or use of such third party content.
Disclaimer of Warranties
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ETR SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ETR FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL ETR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless ETR, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.
Governing Law
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the District of Colombia without giving effect to any choice or conflict of law provision or rule (whether of the District of Colombia or any other jurisdiction).
Dispute Resolution & Arbitration
You agree to first try to resolve any dispute informally by contacting us at legal_dispute@empoweredto.run. We will respond to you by email and attempt to resolve disputes you submit to us. If a dispute you present to us is not resolved within 30 days of the first email submission regarding the dispute, formal proceedings may be initiated according to the following terms. The parties agree to resolve any claims relating to or arising out of use of the Services, these Terms, the Privacy Policy, and any other agreement related to the Services through final and binding arbitration, except as provided below. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Washington, DC and be governed by the laws of the District of Colombia. The AAA rules will govern payment of all arbitration fees. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Except as may be required by law, neither a party nor a mediator or arbitrator may disclose the existence, content, or results of any mediation or arbitration hereunder without the prior written consent of both parties.
Waiver and Severability
No waiver by ETR of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ETR to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms, our Privacy Policy, and all of the policies incorporated herein by reference, and any other agreements with ETR constitute the sole and entire agreement between you and ETR with respect to the services and supersedes all prior agreements, both written and oral, with respect to the Services.
Changes to Terms
We reserve the right to change or amend these Terms from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Terms periodically for updates.
Last updated: April 5, 2021