Terms of Use

By accessing or using the www.heitnerforcongress.com website, the Heitner for Congress service, or any applications (including mobile applications) made available by Heitner for Congress (together, the “Service”), however, accessed, you agree to be bound by these terms of use (“Terms of Use”). The Service is owned or controlled by Heitner for Congress. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

1. Registration

You may access areas of the Service that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering on the Service, you agree that:
(i) your account and password are personal to you and may not be used by anyone else to access the Service;

(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Service; and

(iii) you will not create registration accounts for the purpose of abusing the functionality of the Service, or other users; nor will you seek to impersonate as another user.

You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.

2. Termination of registration

If you no longer wish to have a registered account, you may terminate your account by sending an email to [email protected]. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Service. Continued use of the Service indicates your continued acceptance of these terms and conditions.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of Service immediately and without prior notice.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

3. Use of material appearing on the Service

Your use of the Service is for your own personal and non-commercial use only. You acknowledge that, as between Heitner for Congress and you, except for user content and advertisements (as discussed below), Heitner for Congress is the sole owner of all content on the Service, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Service (the “Content”). The Service and the Content are protected by the copyright laws and other intellectual property laws of the United States and are protected globally by applicable international copyright treaties.

You may download and print extracts from the Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Content for any other purpose without our prior written approval. Except as expressly authorized by Heitner for Congress, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Service.

If you wish to use our content other than as permitted by these terms and conditions, please contact us at [email protected].

For all other inquiries about distribution or reproduction of the materials, please contact [email protected].

4. Disclaimer of liability

To the extent permitted at law, we do not accept any responsibility for any statement in the Content. Nothing in the Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Content or any part of it. You can access other sites via links from the Service. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Service or the Content. In particular, we do not warrant that the Service or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Service, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

5. Third party advertising on the Service

You will not see advertising material submitted by third parties on the Service.

6. User content

Users of our site may be permitted to submit content for publication in various areas of the Service. Interactions with our site are governed by our Community Standards and Participation Guidelines accessible at heitnerforcongress.com/community-standards which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the Service.

When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorized by, the owner of any part of the content to submit it to the Service.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, publish and/or transmit, and to authorize third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content on the Service or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Heitner for Congress, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Service.

We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libelous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Service to post or otherwise transmit content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Service or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Service, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Service for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the Service may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Heitner for Congress assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Service.

If you are under 16, you confirm that you have permission of your parent or guardian to submit content.

You agree not to use the Service to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).

Any queries regarding copyright and your content should be directed in the first instance to [email protected].

7. Apps

You may download certain Heitner for Congress apps (“Apps”) either from Service or from third party app stores or shops. All of these terms apply to the maximum extent relevant to your use of the Apps (and in particular, the terms of section 6 apply where you are using an App to submit user content to the Service).

In addition to the limitations on our liability set out in Section 4, 14 and 15, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.

8. Data protection

Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy at www.heitnerforcongress.com/privacy.

9. Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Service. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Service after it has been posted.

10. Indemnification

You agree to defend, indemnify, and hold harmless Heitner for Congress, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

11. No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Heitner for Congress.

12. DMCA notice

If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Service infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:

(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including name a address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;

Heitner for Congress’s designated copyright agent to receive notifications of claimed infringement is: [email protected]. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

13. Governing law & jurisdiction

These terms and conditions are governed by the laws of the United States of America and the laws of the State of New Mexico. You agree that exclusive jurisdiction for any claim or dispute with Heitner for Congress or relating in any way to your use of the Service resides in the courts of the County of Bernalillo, State of New Mexico, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Bernalillo, State of New Mexico, in connection with any such dispute and including any claim involving Hetiner for Congress or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Service must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.

14. Additional disclaimers

Visitors to the Service agree that their use of the Service is at their own sole risk. The Service is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Service; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Heitner for Congress also makes no representations and warranties as to any linked sites and Heitner for Congress has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Service may represent the opinions and judgments of providers or users, such as user content. Heitner for Congress and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Service by anyone other than authorized Heitner for Congress staff member acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the Service, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Service; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Heitner for Congress does not warrant or guarantee that access to the Service will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

15. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL HEITNER FOR CONGRESS OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE. THE EXCLUSION OF LIABILITY IN THIS SECTION 15 APPLIES EVEN IF HEITNER FOR CONGRESS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, HEITNER FOR CONGRESS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING HEITNER FOR CONGRESS’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).