THE FOLLOWING TERMS AND CONDITIONS GOVERN THE USE OF THE NEW YORK CITY CAMPAIGN FINANCE BOARD (“CFB”) NYC VOTES CONTRIBUTE WEBSITE AND CANDIDATE CONTRIBUTION TOOL, AS WELL AS THE SERVICES ACCESSED FROM THEM. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
The CFB NYC Votes Contribute website (“Website”), which includes the Candidate Contribution Tool, is designed to enable campaign committees for candidates running for certain offices in New York City 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 making contributions on this Website may occur, and the CFB does not guarantee its availability.
By using this Website and clicking “I agree,” you are consenting to these Terms and Conditions. If you access this 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 use that adversely affects site or server bandwidth are prohibited from using this Website.
In this Agreement, the word "Account" is the credit or debit card account you designate as the contribution account for the Candidate Contribution Tool (as described below). The words "you" and "your" refer to the user of this Website and Candidate Contribution Tool. The words "we," "our" and "us" refer to the CFB. “Campaign” refers to the campaign to which you are making a contribution. "Financial Institution" refers to the bank or card issuer that holds or issues your Account. "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.
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 Account and/or contribution information or your failure to protect your data while using this Website or (b) to the fullest extent permitted by applicable law, any and all damages, 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.
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 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.
Privacy of Information
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 Campaign to which you gave the contribution.
The Candidate Contribution Tool does not store credit card information. Credit card transaction information may be stored by the campaign’s payment processor.
To process your contribution 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 website 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 make contributions to a Candidate via the Internet using your credit or debit card. In activating this system you instruct the Campaign’s payment processor or its authorized agent to debit or charge your account, which allows your contribution to be forwarded to the Campaign, based on the contribution instructions you provide on this Website, subject to this Agreement.
If you choose not to accept this Agreement, you will not be able to make a contribution on this Website and none of the personal information that you provide on this Website concerning the contribution will be transmitted or retained by the CFB or the Campaign.
In order to use the Candidate Contribution Tool, you must complete all requested information. You must designate an Account at a financial institution, which will be debited in order to forward the contribution to the Campaign, and you must be a person in whose name such Account has been established. You may not use this service if you are under the age of 18.
You authorize the Campaign’s payment processor or its authorized agent to initiate debit entries to (i.e., charges against) your Account in the amount you specify and to initiate any debit or credit entries or reversals, as the case may be, to your Account as may be necessary to correct any error in a contribution or transfer. Your Account will show separate transactions for the contribution to the Campaign. Once you complete a transaction on this Website, your authorization to debit or charge your Account for this specific contribution shall remain in full force. In order for you to make the contribution, the Campaign’s payment processor will electronically order the Financial Institution to debit your Account to execute a transfer of your funds in the amount you instructed.
Your contribution is considered accepted when you receive an online confirmation.
If you dispute anything related to how your contribution was processed, you must contact the Campaign.
We welcome your comments regarding this Website. Feedback can be directed to us by sending an e-mail to CSUmail@nyccfb.info.
Limits on Use
You must be a person authorized to make a contribution using the credit or debit card information provided to the Campaign on this Website. The contribution must be made in U.S. dollars. You agree not to use this Website in an amount that will exceed the funds or available credit line in your Account. If you do, the Campaign has no obligation to complete the transaction and you agree that the Campaign may debit your Account for its payment processor’s returned item fee or other similar fee.
Your use of your Account may be limited by your agreement with your Financial Institution and by applicable law. The Campaign is not responsible for 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 debit against your Account. At the Campaign’s payment processor’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 to us via this Website shall in no way be deemed to constitute legal or official notice to the CFB, the City of New York, or 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.
Users are prohibited from using false email addresses.
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.
You agree that any and all claims asserted by or against the City arising under or related to these Terms and Conditions or your use of this Website shall solely be heard and determined either in the courts of the United States located in the City or in the courts of the State located in the City and County of New York. You further agree that any cause of action arising out of these Terms and Conditions, or your use of the NYC Votes Contribute website or the Candidate Contribution Tool, shall be deemed to have arisen from a transaction of business in the State of New York.
We may amend this Agreement from time to time. In such event, we will post the amended Agreement on the Website.
Should you choose to terminate or discontinue your use of the Website, you shall nonetheless remain liable for the contribution of all amounts you owe the Campaign. You agree to pay all costs and expenses that the Campaign’s payment processor may incur in order to collect any amounts you owe under these Terms and Conditions.
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.
Copyright 2018 The New York City Campaign Finance Board