NYC Votes Contribute Terms and Conditions for Contributors
NYC VOTES CONTRIBUTE (“CONTRIBUTE”) IS AN ONLINE CREDIT AND DEBIT CARD CONTRIBUTIONS PLATFORM LOCATED AT WWW.NYCVOTES.ORG (“THE WEBSITE”) CREATED AND MAINTAINED BY THE NEW YORK CITY CAMPAIGN FINANCE BOARD (“CFB”) AS PART OF ITS NYC VOTES INITIATIVE. THANK YOU FOR VISITING THE WEBSITE. THE FOLLOWING CONTRIBUTOR TERMS AND CONDITIONS GOVERN THE USE OF THE WEBSITE AS WELL AS THE SERVICES ACCESSED FROM IT. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Contribute is designed to enable campaign committees for candidates running for certain New York City offices, 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 online. It is anticipated that the Website will be available 24 hours a day, 7 days a week, except for scheduled maintenance periods. However, unexpected outages that prevent users from using the Website may occur, and the CFB does not guarantee its availability. For comments or suggestions regarding these Terms and Conditions or any information contained on the Website, please contact us at firstname.lastname@example.org.
These Terms and Conditions govern your use of the Website. By using the Website and clicking “I agree,” 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 use that adversely affects the Website, users of the Website, or Website or server bandwidth are prohibited from using the Website.
In these Terms and Conditions, the word "Account" is the credit or debit card account you designate to issue the contributions you make on the Website. "Agreement" refers to the terms and conditions stated herein, or as amended by us from time to time. “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. The words "we," "our" and "us" refer to the CFB. The words "you" and "your" refer to the user of the Website.
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 while using the 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 the Website. We encourage all users of the Website to be vigilant and to carefully protect their private and confidential data.
Scheduled maintenance periods, unexpected service outages, and periods of unavailability, may occur. In no event, will we or our vendors be liable to you for your inability to use the 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 a mail or email service or any contribution or clearinghouse system.
Privacy of Information
Access to Other Information
The Website 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, as part of the CFB’s routine business as an agency of the City of New York, in furtherance of its missions and duties and/or obligations to citizens of the City of New York. 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 the Website as part of the contribution 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.
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 the Website are not transmitted over the Internet unencrypted, and cannot be viewed by unauthorized individuals.
Using the Website
Contribute is an Internet-based service that allows you to make contributions to a Campaign via the Internet using your credit or debit card. In activating the Website 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 Campaign’s agreement with its payment processor and the contribution instructions you provide on the Website, subject to this Agreement.
If you choose not to accept this Agreement, you will not be able to make a contribution on the Website and none of the personal information that you provide on the Website concerning the contribution will be transmitted or retained by the CFB or the Campaign.
You authorize the Campaign’s payment processor or its authorized agent to electronically order the Financial Institution to debit (i.e., make a charge 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 make the contribution and to correct any error. Your Account will show a separate transaction for the contribution to the Campaign. Once you complete a transaction on the Website, your authorization to debit or charge your Account for this specific contribution shall remain in full force.
Your contribution is considered approved when you receive an online confirmation.
In Case of Errors or Questions about Your Contribution
If you dispute anything related to how your contribution was processed, you must contact the Campaign. You agree to contact the Campaign as soon as possible if you believe that an error has occurred, or if there has been unauthorized use of your account.
Limits on Use
You must be the person authorized to make a contribution using the credit or debit card information provided to the Campaign on the Website. The contribution must be made in U.S. dollars. You agree not to use the 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. Neither the Campaign nor the CFB is responsible for not completing a transaction as a result of any such limit on your Account, and are not responsible if your Financial Institution fails to honor any charge or 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 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. Communications to the CFB or the City of New York via the Website shall not 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 CFB or the City of New York arising under or related to this Agreement or your use of the 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 this Agreement, or your use of the Website, shall be deemed to have arisen from a transaction of business in the State of New York.
We may amend these Terms and Conditions from time to time. In such event, we will post the amended Terms and Conditions on the Website and you will be able to read it prior to agreeing to it.
Should you choose to terminate or discontinue your use of the Website, you shall nonetheless remain liable for all amounts you contributed using the Website. 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.
We welcome your comments regarding the Website. Feedback can be directed to us by email to email@example.com.
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 rights under this Agreement without losing them.
Copyright 2019 The New York City Campaign Finance Board