Terms of Use | cam·paign·ar·y

You and Campaignary
1. The following terms and conditions ("Terms of Use") apply to your use of Campaignary's services, websites, and technology (collectively, our "Services"). Our technology includes any technology, digital or otherwise, used in furtherance of our mission to connect campaign operatives and campaign freelancers or volunteers. "Campaignary" is a division of GroupTracks, LLC, organized under the laws of New Jersey, whose principal place of business is 514 New Brunswick Rd., Somerset, NJ 08873. This document explains the terms of the agreement entered into between you and Campaignary when you use our Services. The Terms of Use form a legally binding agreement between you and Campaignary when you use our Services, and it is therefore important to read this document carefully.
2. In some cases, we and other users of our Services may enter into separate agreements in writing providing different or additional terms, incorporating these Terms of Use by reference. If there is any contradiction between terms in a separate agreement and the Terms of Use, the terms in the separate agreement will take precedence.
3. You can accept these Terms of Use by:
  1. Clicking "Accept" or "Agree" to the Terms where this option is made available to you in connection with the use of any of our Services; or
  2. by using our Services in any way (using our Services includes, but is not limited to, browsing our websites or technological applications as they might appear in any form, posting or continuing to maintain an active advertisement or listing, creating or maintaining a user account of any kind, paying or receiving money in connection with our Services, or using our websites to contact us or a third party); or
  3. by manifesting any other action indicating your acceptance of these Terms of Use.
4. You may not use our Services or accept these Terms of Use if you are (a) not of the legal age to form a binding contact with Campaignary, or (b) are otherwise unable to or are barred from entering into a binding contract with Campaignary under the laws of the jurisdiction in which you are a resident, from which you are using the Services, from which the Services are being provided to you, or the United States.
Changes to Services
1. Campaignary continually attempts to improve your experience with our Services. This means that sometimes our Services may change, or certain aspects of our Services may be removed entirely, without prior notice to you.
2. You therefore agree that Campaignary may change or cancel any aspect of our Services to you at Campaignary's sole discretion and without prior notice to you. This means that some or all of Campaignary's functionality could be discontinued at any time without prior notice.
3. You may stop using our Services at any time, without prior notice to us.
Use of Services by Freelancers or Volunteers
1. "Freelance or volunteer users" users (individuals using our Services who are not "campaigns," defined below) may use our Services without cost.
2. In connection with using our Services, freelance or volunteer users may be asked to furnish personal information, such as identification and contact details, as part of a registration process or the continued use of our Services. You agree that any information furnished by you in this manner will always be accurate and correct.
3. Freelancers or volunteer users agree to use our Services solely for the purpose of finding freelance job or volunteer work with Campaignary. Non-exclusive examples of prohibited uses of our Services by freelance or volunteer users include:
  1. Using our Services to market any products or services to any other users of our Services or any third party.
  2. Using our Services with the intent of modifying, verifying, or compiling records in connection with any law relevant to elections.
  3. Using our Services intending, attempting, or resulting in, the harassment or causing of any harm, including denial of services attacks, to us, any users, or any third party.
  4. Using our Services intending, attempting, or resulting in, the defrauding or misrepresentation of any fact causing any harm to us, any users, or any third party.
4. Freelance or volunteer users may receive payment originating from campaign users but distributed to freelance or volunteer users via Campaignary. We are not a party to the dealing, contracting, and fulfillment of any employment, freelance, or other relationship between a campaign user and freelance or volunteer user. This means that we cannot guarantee the quality, safety, or legality of services as advertised by campaign users, nor verify the ability of any party to successfully carry out the transaction.
5. All rights and obligations for the purchase and sale of any services provided by freelance or volunteer users are solely between campaign users and freelance and volunteer users.
Use of Services by Campaigns
1. A "campaign" user is any user who uses our Services to advertise freelance or volunteer opportunities with the intent of finding a freelancer or volunteer.
2. In connection with using our Services, campaign users may be asked to furnish personal information, such as identification and contact details, as part of a registration process or the continued use of our Services. You agree that any information furnished by you in this manner will always be accurate and correct.
3. Campaign users may also be asked to furnish payment information, such as credit card information, in connection with using our Services. You agree that all of the information you provide to Campaignary, whether online or otherwise, in connection with creating a freelance or volunteer listing is accurate and complete. Landlords shall be solely liable for assuring that such information is accurate and complete.
4. Campaigns users agree to use our Services solely in connection with their campaign activity. For examples of prohibited uses of our Services by campaign users, see provisions 3.3(a)-(d).
Relationship Between Campaign and Freelance or Volunteer Users
1. On a campaign user accepting the bid of a freelance or volunteer user, the campaign user agrees to purchase, and the freelance or volunteer user agrees to deliver, services in accordance with agreements to be specified in a separate document (the "Member Contract"). This agreement may be modified if so-agreed upon by the freelance or volunteer user and the campaign user.
2. Campaignary is not responsible for policing the bounds of the Member Contract or any other agreement reached between parties. Such parties may take recourse against each other for breach of contract or any other legal claims using pre-existing legal means. Because Campaignary is not a part of the relationship instantiated by the Member Contract, Campaignary cannot, unless legally compelled to do so, be included as a party in any suit between parties arising from the Member Contract.
General Provisions Governing Use
1. In addition to the previously enumerated provisions, the following provisions in provision section 6 apply to all users of our Services. Users may not:
  1. Circumvent or manipulate our fee structure, the billing process, or fees owed to Campaignary or any party to whom we distribute funds,
  2. impersonate another person or misrepresent your affiliation with another person,
  3. distribute or post spam,
  4. infringe on the intellectual property rights of any other party,
  5. transmit to Campaignary in any fashion any information or materials that (i) are libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, tortuous, invasive of another's privacy, hateful, or otherwise objectionable; or (iii) contain any viruses, Trojan horses, worms, or other comparable computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
2. If you maintain a user account with Campaignary in connection with any of its Services, we may terminate this account at any time, for any reason, at our sole discretion.
3. This Agreement and any use of our Services not covered by this Agreement will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Campaignary, unless explicitly stated elsewhere in this Agreement or other agreements between you and Campaignary.
Restrictions and Requirements on Campaign Created Advertisement
1. All listings and advertisements created by campaign users must comply with the applicable local, state, and federal laws, or their equivalent. We retain the right to, in our sole discretion, remove advertising at any time for failure to comply with any applicable law, however it is not the responsibility of Campaignary to police listings and advertisements to ensure compliance with these laws.
2. Campaign users shall be solely liable for assuring that all information provided to and displayed in connection with an advertisement complies with these laws. Such laws include but are not limited to local, state-wide, or federal campaign finance and electioneering laws.
3. Campaign users may not post images or text containing lewd, pornographic or otherwise offensive material. We may remove images, text, entire advertisements, or selectively edit texts or images to remedy violations of this provision.
4. Campaigns may not post advertisements or listings that are illegal, threatening, intended to or cause harassment, are abusive, obscene, defamatory, libelous, invasive of another's publicity or privacy rights, harmful to minors, degrading, deceptive, or that violate any intellectual or other proprietary rights.
5. Campaigns must pay us a specified rate in connection with the use of our Services as detailed elsewhere. Non-payment of this rate constitutes a default under this agreement (see below).
Your Password and Security
1. You agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with any account you use to access our Services. We will not give your password out to anyone without you express permission or unless required to do so by law.
2. You agree that you will be solely responsible for the activities that occur under your account.
Privacy and Your Personal Information
1. If your use of our Services requires the creation of a user account, we will store the information you enter in connection with this account. Moreover, if your use of our Services leads to the creation of an advertisement, we will store information you input in connection with this activity.
2. Depending on the Services you use, we may collect and store the following information:
  1. Your name, e-mail address, and telephone number;
  2. The physical address of your building, unit, and information about its physical attributes;
  3. The content of your advertisement;
  4. The content of your profile, including any associated images;
  5. The content of your interactions with other users of our Services;
  6. Information, including usage logs, regarding your activity in using our Services;
  7. E-mail or other communication logs detailing your communication with us, or your communication with other users of our Services;
  8. Statistics such as page views, traffic to and from within our websites, IP addresses and other standard web information;
  9. Financial information that may include credit card or bank account numbers in connection with payment arrangements;
  10. Other supplemental information from third parties obtained in connection with your usage of our Services (for example, credit information if you incur a debt to us and we contact an outside collection agency to secure payment, as permitted by law).
3. We may use the information we collect from you, such as the information above, to:
  1. Provide our Services to you;
  2. Customize your experience with our Services;
  3. Facilitate communication between you and us, or between you and other users of this website or third parties;
  4. Resolve issues with and improve our technology;
  5. Resolves disputes between you and us, or you and other users;
  6. Deliver targeted marketing to you, such as promotional offers based on your communication preferences in the form of advertisements on our websites (please note that we will not sell or give your e-mail address to any third party for the purposes of providing advertising, or tracking usage, unless required by law. If we use your personal information to market our own Services to you, we will provide you with the ability to opt-out of such uses);
  7. Help prevent fraud, harassment, or illegal activity;
  8. Enforce our rights, the terms of this Terms of Use, or other policies and agreements we may have come to between you and us;
  9. Provide additional Services in connection with future agreements between you and us.
4. We strive to maintain the security of your personal information and to respect your privacy. In connection with this, we utilize various tools to ensure, as best as possible, that your information is protected from others.
5. Our Services uses cookies or web beacons on your computer when you visit certain areas of our websites. These cookies are intended to facilitate your interaction with our Services, such as by saving your account log-in information to prevent you from having to log in to our Services when you visit us. These cookies may also be used to facilitate advertising to you in connection with the use of our Services. We may use other third-party advertising companies to serve ads on our and their behalf. These companies may use cookies and other web beacons in connection with these services.
Modification of the Terms of Use
1. The Terms of Use may be modified from time to time. When changes are made, a new copy of the Terms of Use will be available at this URL
2. You agree that, if you use our Services after the date on which the Terms of Use have been modified, Campaignary will treat your use as acceptance of the modified Terms of Use.
Your Intellectual Property
1. If the use of our Services involves the advertising, displaying, or transmitting to us or any party any content to which you or a third party are the owner, including but not limited to images, trademarks, trade names, logos, and service marks, you grant Campaignary a royalty-free, worldwide license terminable on the termination of this Terms of Use to use this content in the routine execution of our Service. Other than this license, Campaignary makes no claim of ownership to any of your content. You may authorize us to use your content in a more expansive or different manner and for a longer period of time than that defined in the license, however any such use requires your prior agreement with us.
2. By using our Services, you affirm that you are the holder or authorized user of any intellectual or other property rights over this content. You agree to indemnify us from any claims arising out of your violation of another party's property rights (see provision 16.1).
3. Intellectual property created by freelance or volunteer users in connection with the use of our Services (such as, for example, for the purposes of advertising, or in the fulfillment of the services for which the freelance or volunteer user is contracted to via the Member Contract) is governed by the Member Contract. This agreement may be modified if so-agreed upon by the freelance or volunteer user and the campaign user. Campaignary makes no claim of ownership to any intellectual property created for such purposes.
Our Intellectual Property
1. The term "Campaignary" and any other trademarks, trade names, logos and service marks, including the Campaignary logo, site design, and color scheme are the property of GroupTracks, LLC or other third parties. You may not copy or otherwise use this property without our prior written consent or the consent of such other owner.
Reporting Intellectual Property Infringement or Other Violations of Law
1. We respect the intellectual property of others and the rule of law. If you believe that your rights have been infringed by content appearing on our website in any form, please e-mail us via our contact form. If you believe that any listing or advertisement violates any applicable provision of law, please e-mail us via our contact form. We reserve the right to remove content at any time, for any reason, without prior notice.
Refund Policy
1. Refunds may be issued only under the circumstances detailed in this subsection.
2. Unexpended credits may be refunded for cash within 30 days of the purchase of these credits, subject to the following specifications:
  1. Credits are said to be "expended" when they are deducted from the credits available in your account. For example, if a 30 day listing costing 30 credits is purchased, 30 credits will be deducted on the moment the listing is activated. A refund will not be issued for these expended credits, and the listing is entitled to be listed for 30 days. The listing may be removed at any time by the landlord within this 30 day period.
  2. If a landlord purchases numerous credit packages in connection with a promotional sale, then expends some credits and subsequently requests a refund of unexpended credits, credits purchased at the lower price will be deemed those credits expended first, and credits purchased at the higher prices will be refunded. For example, if a landlord purchases 30 credits for $30, then 30 credits for $25, then expends 30 credits and requests a refund of the remaining 30 credits, the landlord will be refunded $30.
  3. We maintain the right to refuse you a refund if we believe in good faith that you are attempting to cheat our system such as by claiming a refund for more money than you initially paid, or claiming a full refund despite you utilizing our paid Services.
3. In extraordinary circumstances, other refunds may be issued in our sole discretion.
Termination of this Agreement
1. We may terminate our legal agreement with you if:
  1. you have breached any provisions of the Terms of Use, or we believe that you intend to breach or are unable to comply with any provisions of the Terms of Use; or
  2. we are required to do so by law; or
  3. the Services we provide are, in our opinion, no longer technologically feasible or commercially viable.
2. You may terminate your legal agreement with us at any time by:
  1. discontinuing the use of our Services. If you have a user account with us, you must delete your user account or inform us of your desire to delete your user account to constitute your voluntary discontinuation of our Services, or;
  2. manifesting an unequivocal intent to Campaignary that you wish to terminate this legal Agreement.
3. Our voluntary or your voluntary termination of this Agreement shall not in any way impact the rights you have agreed to as detailed in the General Disclaimer, Release, Indemnity, Default and Remedies, Resolution of Legal Issues, and General Legal Terms sections (below). These sections remain in effect, and therefore our protections remain in effect, so long as you or your successors in interest retain the ability to litigate any legal claim you may have against us, or any third party that may in any way implicate or involve us maintains such claims, and so long as you or your successors in interest remain liable for any civil or criminal claim arising out of or in any way implicating us or the use of our Services. In addition, such termination does not alter your legal relationship to us.
General Disclaimer
1. We assume no responsibility for the accuracy of information that appears on our websites or is delivered to users via our Services. All information provided on Campaignary via our Services is provided "as is" with all faults without warranty of any kind, either express or implied. Campaignary hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and noninfringement or arising from a course of dealing, usage or trade practice, as may be applicable, except to the extent such disclaimers are held to be legally invalid.
Release
1. In the event that you have a dispute with one or more of our users for any reason, you agree to release Campaignary, and its respective officers, directors, agents, employees, subsidiaries, joint ventures, and any other similarly situated affiliated individuals or entities, from claims, demands, damages and remedies of all types, arising in any way out of or in any way connected with the dispute. If such a dispute is adjudicated under laws which limit a general release of this nature, or you are able to claim the protection of these laws in any way, you agree to waive your protections under these laws, to such an extent such a waiver is legally possible.
Indemnity
1. You agree to indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) harmless from any cost, liability, charge, penalties, claim or demand, including attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement. This includes violations of any applicable law, such as the Fair Housing Act, for which damages or remedies of any kind may be imposed, or any criminal law.
Default and Remedies
1. In the event that you default under this Agreement, for example, by not paying the specified rate when due, we may exercise any or all of the following remedies:
  1. Immediately accelerating any payments due to us by you in the future in connection with Services already rendering, meaning that such payments will become due immediately on your default;
  2. Removing all of your listing or advertisements provided by our Services without notice to you;
  3. Deleting or disabling your user account;
  4. Banning your future use of our Services;
  5. Imposing interest on past due amounts equal to the highest rate permitted by law;
  6. To the maximum extent permitted by law, imposing, in good faith, past due account fees that represent the administrative or technological burden your default under this Agreement has resulted in;
  7. Condition your future use of our Services to different terms than those that appears in this Terms of Use, including special rate increases;
  8. Exercising and any all remedies available to us at law and in equity, retaining the right to bring suit at such time and in any forum permitted by law.
2. The provisions of 10.3 apply to your default under this Agreement.
Resolution of Disputes
1. If a dispute between you and Campaignary should arise, we encourage you to contact us directly via our contact form. We strive to be as user friendly as possible. In the event that the dispute cannot be resolved through discussions, we may consider various forms of alternative dispute resolution at our option or as required by law in lieu of litigation.
General Legal Terms
1. The Terms of Use and your relationship under these Terms of Use shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and Campaignary agree that all legal disputes you may bring arising under this Terms of Use shall be submitted to the applicable court of the state courts located within Somerset, New Jersey. Notwithstanding this or other provisions in the Terms of Use, you agree that Campaignary shall be allowed to initiate suit, alternative dispute resolution proceedings, apply for damages or injunctive remedies or their equivalents, or bring forth any other matter requiring legal or quasi-legal resolution against you arising out of any dispute in any jurisdiction at our discretion.