Terms and Conditions for Campaigns

THE NEW YORK CITY CAMPAIGN FINANCE ACT, THE NEW YORK CITY CAMPAIGN FINANCE BOARD (“CFB”) RULES, ANY FILER REGISTRATION OR CERTIFICATION YOU HAVE FILED WITH THE CFB, THE TERMS OF USE AND THE PRIVACY POLICY FOR THIS WEBSITE, AND THE FOLLOWING TERMS AND CONDITIONS GOVERN THE USE OF THIS SITE AS WELL AS THE SERVICES ACCESSED FROM IT. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

General Information

The CFB NYC Votes Contribute Website (“Website”), which includes the Candidate Contribution Tool, is designed to enable campaign committees for candidates, who have registered with the CFB, by filing a Filer Registration and/or a Certification, to solicit and accept campaign contributions by credit and debit card using a mobile device. It is anticipated that this Website will be available 24 hours a day, 7 days a week, except for scheduled maintenance periods. However, interruptions in service that prevent users from using the Website may occur, and the CFB does not guarantee its availability.

These Terms and Conditions and your Filer Registration or Certification govern your use of this Website. By using the Website you are consenting to these Terms and Conditions. If you access the Website from any non-U.S. territory, please note you do so at your own risk and are responsible for compliance with any local laws. "Robots," "spiders," malware, malicious codes or programs, bots, scraping, trolling, automated programs, and any uses of the Website that adversely affect the Website, users of the Website, or Website or server bandwidth are prohibited.

Definitions

In this Agreement, the word “Campaign” refers to: a) a candidate for nomination for election or election to any office covered by the NYC Campaign Finance Act (the “Act”); b) any authorized committee of such candidate, as defined in the Act; c) the treasurer of any such authorized committee; and d) any agent of such candidate, authorized committee or treasurer. The word “Account” refers to any and all Campaign bank accounts listed on the Filer Registration and/or Certification the Campaign filed with the CFB. The word "Account" is the Campaign bank account listed on the candidate’s Filer Registration and/or Certification filed with the CFB. The words "you" and "your" refer to the Campaign user of the Website, whether such user is an authorized or unauthorized agent of a Campaign. The word “Stripe” means the payment processor associated with this Website. The words "we," "our" and "us" refer to the CFB. "Agreement" refers to the terms and conditions stated herein, or as amended by us from time to time. "Business Days" means Monday through Friday, except for City holidays.

DISCLAIMERS

We disclaim, for our vendors and ourselves all warranties, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose with respect to the quality, content, accuracy, completeness, currency, freedom from interruption, freedom from computer virus and freedom from errors or omissions. In no event shall we or any of our vendors be liable for (a) errors caused by you, including but not limited to your supplying incorrect or incomplete information or your failure to protect your data or log in information while using the Website or (b) any and all damages to the fullest extent permitted by applicable law, including indirect, special, incidental or consequential damages including, but not limited to, damages for lost profits, disclosure of confidential information or loss of privacy arising out of or in any way related to your use of, or inability to use this Website. We encourage all users of this Website to be vigilant and to carefully protect their private and confidential data and log in information.

Scheduled maintenance periods, unexpected service outages, and periods of unavailability, including indefinite suspension for any reason, may occur. In no event, will we or our vendors be liable to you for your inability to use this Website during such periods or outages.

In addition, in no event will we or any of our vendors be liable for any act or omission of any third party, including but not limited to Stripe, Heroku, any Campaign or CFB vendor, your Financial Institution, any contribution system, or any provider of telecommunications services, Internet access or computer equipment or software, or for any force majeure event beyond our control including, but not limited to, fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services. We are not liable for delays caused by the mail or any contribution or clearinghouse system.

Using this system does not guarantee or improve the chances of a Campaign receiving public funds through the Campaign Finance Program. We are not responsible for any Website, vendor or third party errors that might make a particular contribution unmatchable pursuant to the Campaign Finance Program.

Privacy of Information

By agreeing to this Agreement, you acknowledge that we will receive certain personal information when you use this Website, and that you are voluntarily providing this information to us. We will not rent or sell to any third party any information that identifies you or contributions you make. We will make available such information to the Campaign to which you are contributing, or to process your contribution, or to comply with applicable law, rules or regulations, including any provisions requiring the public posting of contributor names, employers, and occupations, and the amount of their contributions on the CFB website. If you are concerned about the accuracy of any information displayed on the CFB website, you must contact the Campaign to which you gave the contribution. The Candidate Contribution Tool does not store credit card information. Please click here to review the Privacy Policy.

Access to Other Information

The Candidate Contribution Tool maintains records (including information displayed through the Website) containing personal information about contributors, or information that can be identified or associated with a particular contributor, for the purposes of providing public disclosure to the CFB. Examples of this information include the name of the Campaign receiving the contribution, a contributor’s address, employer, or occupation, and the amount of the contributor’s contribution. To the extent these records contain information that is not considered confidential, such information may be disclosed to the public, posted on the CFB website, or made available on this Website as part of the billing information. If you are concerned about the accuracy of any information displayed on the CFB website, you must contact the CFB Candidate Services Unit.

The website does not store credit card information. Credit card transaction information may be stored by the payment processor, Stripe.

Security

To process contributions securely, we use Secure Sockets Layer (SSL), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet, to ensure that account numbers and personal data you provide by using this System are not transmitted over the Internet unencrypted, and cannot be viewed by unauthorized individuals.

Using the Candidate Contribution Tool

The Candidate Contribution Tool is an Internet-based service on the Website that allows you to collect contributions via the Internet from contributors using their credit or debit cards. To use this Website, you must have an account with Stripe Payments. For questions about Stripe, you may contact Stripe at https://stripe.com/help/contact. In activating the Candidate Contribution Tool you instruct Stripe to process these contributions and to credit your Account, based on the Campaign’s agreement with Stripe and the contributor’s contribution instructions provided on the Website, subject to the Terms and Conditions for Contributors and this Agreement.

When using this Website, you are responsible for complying with the Campaign Finance Act and the CFB Rules. Compliance is your responsibility. In no way does the use of this Website relieve you of responsibility for any errors, misrepresentation, or fraud related to your use of this Website. You are responsible for all Website activity using your Campaign log in information.

Your use of this Website must comply with the NYC Votes Contribute Terms of Use and you agree to be governed by the Website's Privacy Policy. Review the Terms of Use here.

You agree not to modify reports downloaded from this Website, other than to provide additional information specifically required to complete your disclosure obligations with the CFB. If you dispute a report from this Website or how contributions are reported by the Website, you must write a detailed explanation of how and why the report or the contributions reported are inaccurate and submit it with the report to the CFB. If you dispute anything related to how contributions are processed from your contributors to your Account, you must contact Stripe pursuant to the terms of your agreement with Stripe.

If you choose not to accept these terms and conditions, you will not be able to collect contributions through the Website and none of the Campaign information that you provided on this Website will be transmitted or retained by the CFB.

Feedback

We welcome your comments regarding this Website. Feedback can be directed to us by sending an e-mail to CSUmail@nyccfb.info. If you become aware of any unauthorized use of your password or of your account, you agree to notify the CFB immediately by emailing CSUmail@nyccfb.info.

You should also contact Stripe immediately pursuant to the terms of your agreement with Stripe.

Limits on Use

Your use of the Website may be limited by your agreement with your Financial Institution or Stripe, your relationship with the CFB, and by applicable law. The CFB is not responsible for the Website not completing a transaction as a result of any such limit on your Account, and it is not responsible if your Financial Institution fails to honor any credit to your Account. Pursuant to the terms of the Campaign’s agreement with Stripe and, at the Stripe’s sole discretion, it may refuse to complete any transaction, which it has reason to believe is not made by you, may violate any law, rule or regulation, or if it has reasonable cause not to honor it.

Communications/Verifications

Communications to us via the Website shall in no way be deemed to constitute legal or official notice to the CFB or the City of New York, its agencies, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against the CFB or the City of New York or any of its agencies, officers, employees, representatives or agents where notice is required by Federal, State or local law. Nor shall communications to the CFB or the City of New York via this Website be deemed to constitute legal or official notice for any other purpose.

We ask all Website users to use appropriate names and language in the name spaces, address spaces and other spaces (if any) provided on the Website.

Campaigns are prohibited from using false email addresses.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the City and State of New York, (notwithstanding New York choice of law or conflict of law principles) and the laws of the United States, where applicable.

Jurisdiction

You agree that any and all claims asserted by or against the CFB or the City of New York arising under or related to this Agreement or your use of the Website (except for claims by the CFB concerning violations of the Campaign Finance Act or CFB Rules, including calculations of public funds to be paid or repaid, which shall solely be heard and determined as set forth in the Campaign Finance Act and CFB Rules) shall solely be heard and determined either in the courts of the United States located in the City of New York or in the courts of the State of New York located in the City and County of New York. You further agree that any cause of action arising out of this Agreement or your use of the NYC Votes Contribute Website shall be deemed to have arisen from a transaction of business in the State of New York.

Amendments

We may amend this Agreement from time to time. In such event, we will post the amended Agreement on the Website.

Miscellaneous

This Agreement constitutes the full agreement between you and the CFB related to the use of the Website. If any provision of this Agreement is held invalid or unenforceable, all other provisions will remain in full force and effect. The CFB, and any vendors or third party contractors partnered with the CFB to provide the Website, may choose not to exercise or to delay enforcement of any of our rights under this Agreement without losing them.