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Terms of Use
Website Terms of Use Version 2.0 Last revised on: November 06, 2019

The website located at USELECTIONATLAS.ORG (the “Site”) is a copyrighted
work belonging to DAVE LEIP'S ATLAS OF U.S. ELECTIONS, LLC (“Company”,
“us”, “our”, and “we”).  Certain features of the Site may be subject to
additional guidelines, terms, or rules, which will be posted on the Site
in connection with such features.  All such additional terms,
guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS
AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE.  BY ACCESSING OR USING
THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE
ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE
THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF
OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).  YOU MAY NOT ACCESS OR
USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD;
PROVIDED, HOWEVER, THAT IF YOU ARE UNDER 18 YEARS OLD, YOU MAY USE THE
SITE IF YOU HAVE PREVIOUSLY OBTAINED THE CONSENT OF YOUR PARENT OR LEGAL
GUARDIAN. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, 
DO NOT ACCESS AND/OR USE THE SITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN
INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS
ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A
DISPUTE.

IF YOU ARE A USER OF THE SITE WHO RESIDES IN A COUNTRY OTHER THAN THE
UNITED STATES (INCLUDING IN THE UK OR ANY OTHER COUNTRY WITHIN THE
EUROPEAN ECONOMIC AREA), YOU AGREE THAT YOUR ACCESSING OR USING THE SITE
IN ANY WAY CONSTITUTES YOUR AGREEMENT THAT (A) WE MAY PROCESS YOUR
PERSONAL DATA FOR THE PURPOSES IDENTIFIED IN THE PRIVACY POLICY, AND (B)
YOUR PERSONAL DATA MAY BE TRANSFERRED TO AND PROCESSED IN THE COUNTRY IN
WHICH IT WAS COLLECTED AND IN OTHER COUNTRIES, INCLUDING THE UNITED
STATES, WHERE LAWS REGARDING PROCESSING OF PERSONAL DATA MAY BE LESS
STRINGENT THAN THE LAWS IN YOUR COUNTRY. BY PROVIDING YOUR PERSONAL
DATA, YOU CONSENT TO SUCH TRANSFER.

1. Accounts

1.1 Account Creation.  In order to use certain features of the Site, you
must register for an account (“Account”) and provide certain information
about yourself as prompted by the account registration form.  You
represent and warrant that: (a) all required registration information
you submit is truthful and accurate; (b) you will maintain the accuracy
of such information. You may delete your Account at any time, for any
reason, by following the instructions on the Site.  Company may suspend
or terminate your Account in accordance with Section 8.

1.2 Account Responsibilities.  You are responsible for maintaining the
confidentiality of your Account login information and are fully
responsible for all activities that occur under your Account.  You agree
to immediately notify Company of any unauthorized use, or suspected
unauthorized use of your Account or any other breach of security. 
Company cannot and will not be liable for any loss or damage arising
from your failure to comply with the above requirements.

2. Access to the Site

2.1 License.  Subject to these Terms, Company grants you a
non-transferable, non-exclusive, revocable, limited license to use and
access the Site solely for your own personal, noncommercial use.

2.2 Certain Restrictions.  The rights granted to you in these Terms are
subject to the following restrictions: (a) you shall not license, sell,
rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Site, whether in whole or in part, or any
content displayed on the Site; (b) you shall not modify, make derivative
works of, disassemble, reverse compile or reverse engineer any part of
the Site; (c) you shall not access the Site in order to build a similar
or competitive website, product, or service; and (d) except as expressly
stated herein, no part of the Site may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means.  Unless otherwise indicated, any future
release, update, or other addition to functionality of the Site shall be
subject to these Terms.  All copyright and other proprietary notices on
the Site (or on any content displayed on the Site) must be retained on
all copies thereof.

2.3 Modification.  Company reserves the right, at any time, to modify,
suspend, or discontinue the Site (in whole or in part) with or without
notice to you.  You agree that Company will not be liable to you or to
any third party for any modification, suspension, or discontinuation of
the Site or any part thereof.

2.4 No Support or Maintenance.  You acknowledge and agree that Company
will have no obligation to provide you with any support or maintenance
in connection with the Site.

2.5 Ownership.  Excluding any User Content that you may provide (defined
below), you acknowledge that all the intellectual property rights,
including copyrights, patents, trade marks, and trade secrets, in the
Site and its content are owned by Company or Company’s suppliers. 
Neither these Terms (nor your access to the Site) transfers to you or
any third party any rights, title or interest in or to such intellectual
property rights, except for the limited access rights expressly set
forth in Section 2.1. Company and its suppliers reserve all rights not
granted in these Terms.  There are no implied licenses granted under
these Terms.

3. User Content

3.1 User Content.  “User Content” means any and all information and
content that a user submits to, or uses with, the Site (e.g., content in
the user’s profile or postings).  You are solely responsible for your
User Content.  You assume all risks associated with use of your User
Content, including any reliance on its accuracy, completeness or
usefulness by others, or any disclosure of your User Content that
personally identifies you or any third party.  You hereby represent and
warrant that your User Content does not violate our Acceptable Use
Policy (defined in Section 3.3).  You may not represent or imply to
others that your User Content is in any way provided, sponsored or
endorsed by Company.  Because you alone are responsible for your User
Content, you may expose yourself to liability if, for example, your User
Content violates the Acceptable Use Policy.  Company is not obligated to
backup any User Content, and your User Content may be deleted at any
time without prior notice.  You are solely responsible for creating and
maintaining your own backup copies of your User Content if you desire.

3.2 License.  You hereby grant (and you represent and warrant that you
have the right to grant) to Company an irrevocable, nonexclusive,
royalty-free and fully paid, worldwide license to reproduce, distribute,
publicly display and perform, prepare derivative works of, incorporate
into other works, and otherwise use and exploit your User Content, and
to grant sublicenses of the foregoing rights, solely for the purposes of
including your User Content in the Site.  You hereby irrevocably waive
(and agree to cause to be waived) any claims and assertions of moral
rights or attribution with respect to your User Content.

3.3 Acceptable Use Policy.  The following terms constitute our
“Acceptable Use Policy”:

(a) You agree not to use the Site to collect, upload, transmit, display,
or distribute any User Content (i) that violates any third-party right,
including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or
proprietary right; (ii) that is unlawful, harassing, abusive, tortious,
threatening, harmful, invasive of another’s privacy, vulgar, defamatory,
false, intentionally misleading, trade libelous, pornographic, profane,
sexually oriented, obscene, patently offensive, promotes racism,
bigotry, hatred, or physical harm of any kind against any group or
individual or is otherwise objectionable; (iii) that is harmful to
minors in any way; or (iv) that is in violation of any law, regulation,
or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute
to or through the Site any computer viruses, worms, or any software
intended to damage or alter a computer system or data; (ii) send through
the Site unsolicited or unauthorized advertising, promotional materials,
junk mail, spam, chain letters, pyramid schemes, or any other form of
duplicative or unsolicited messages, whether commercial or otherwise;
(iii)  use the Site to harvest, collect, gather or assemble information
or data regarding other users, including e-mail addresses, without their
consent; (iv) interfere with, disrupt, or create an undue burden on
servers or networks connected to the Site, or violate the regulations,
policies or procedures of such networks; (v) attempt to gain
unauthorized access to the Site (or to other computer systems or
networks connected to or used together with the Site), whether through
password mining or any other means; (vi) harass or interfere with any
other user’s use and enjoyment of the Site; or (vi) use software or
automated agents or scripts to produce multiple accounts on the Site, or
to generate automated searches, requests, or queries to (or to strip,
scrape, or mine data from) the Site (provided, however, that we
conditionally grant to the operators of public search engines revocable
permission to use spiders to copy materials from the Site for the sole
purpose of and solely to the extent necessary for creating publicly
available searchable indices of the materials, but not caches or
archives of such materials, subject to the parameters set forth in our
robots.txt file).

3.4 Enforcement.  We reserve the right (but have no obligation) to
review any User Content, and to investigate and/or take appropriate
action against you in our sole discretion if you violate the Acceptable
Use Policy or any other provision of these Terms or otherwise create
liability for us or any other person. Such action may include removing
or modifying your User Content, terminating your Account in accordance
with Section 8, and/or reporting you to law enforcement authorities.

3.5 Feedback.  If you provide Company with any feedback or suggestions
regarding the Site (“Feedback”), you hereby assign to Company all rights
in such Feedback and agree that Company shall have the right to use and
fully exploit such Feedback and related information in any manner it
deems appropriate.  Company will treat any Feedback you provide to
Company as non-confidential and non-proprietary.  You agree that you
will not submit to Company any information or ideas that you consider to
be confidential or proprietary.

4. Indemnification. 

You agree to indemnify and hold Company (and its officers, employees,
and agents) harmless, including costs and attorneys’ fees, from any
claim or demand made by any third party due to or arising out of (a)
your use of the Site, (b) your violation of these Terms, (c) your
violation of applicable laws or regulations or (d) your User Content. 
Company reserves the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate with our defense of these
claims.  You agree not to settle any matter without the prior written
consent of Company.  Company will use reasonable efforts to notify you
of any such claim, action or proceeding upon becoming aware of it. 

5. Third-Party Links & Ads; Other Users

5.1 Third-Party Links & Ads.  The Site may contain links to third-party
websites and services, and/or display advertisements for third parties
(collectively, “Third-Party Links & Ads”).  Such Third-Party Links & Ads
are not under the control of Company, and Company is not responsible for
any Third-Party Links & Ads.  Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does not
review, approve, monitor, endorse, warrant, or make any representations
with respect to Third-Party Links & Ads.  You use all Third-Party Links
& Ads at your own risk, and should apply a suitable level of caution and
discretion in doing so. When you click on any of the Third-Party Links &
Ads, the applicable third party’s terms and policies apply, including
the third party’s privacy and data gathering practices.  You should make
whatever investigation you feel necessary or appropriate before
proceeding with any transaction in connection with such Third-Party
Links & Ads.

5.2 Other Users.  Each Site user is solely responsible for any and all
of its own User Content.  Because we do not control User Content, you
acknowledge and agree that we are not responsible for any User Content,
whether provided by you or by others.  We make no guarantees regarding
the accuracy, currency, suitability, or quality of any User Content. 
Your interactions with other Site users are solely between you and such
users.  You agree that Company will not be responsible for any loss or
damage incurred as the result of any such interactions.  If there is a
dispute between you and any Site user, we are under no obligation to
become involved.

5.3 Release.  You hereby release and forever discharge the Company (and
our officers, employees, agents, successors, and assigns) from, and
hereby waive and relinquish, each and every past, present and future
dispute, claim, controversy, demand, right, obligation, liability,
action and cause of action of every kind and nature (including personal
injuries, death, and property damage), that has arisen or arises
directly or indirectly out of, or that relates directly or indirectly
to, the Site (including any interactions with, or act or omission of,
other Site users or any Third-Party Links & Ads).  IF YOU ARE A
CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542
IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR.”

6. Disclaimers

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY
(AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE
WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE
OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF
APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL
SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE
DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.

7. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR
OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS,
LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO
USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING
FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A
MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE
CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL
HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS
AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.

8. Term and Termination. 

Subject to this Section, these Terms will
remain in full force and effect while you use the Site.  We may suspend
or terminate your rights to use the Site (including your Account) at any
time for any reason at our sole discretion, including for any use of the
Site in violation of these Terms.  Upon termination of your rights under
these Terms, your Account and right to access and use the Site will
terminate immediately.  You understand that any termination of your
Account may involve deletion of your User Content associated with your
Account from our live databases.  Company will not have any liability
whatsoever to you for any termination of your rights under these Terms,
including for termination of your Account or deletion of your User
Content.  Even after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect: Sections 2.2
through 2.5, Section 3 and Sections 4 through 10.

9. Copyright Policy.

Company respects the intellectual property of others and asks that users
of our Site do the same.  In connection with our Site, we have adopted
and implemented a policy respecting copyright law that provides for the
removal of any infringing materials and for the termination, in
appropriate circumstances, of users of our online Site who are repeat
infringers of intellectual property rights, including copyrights.  If
you believe that one of our users is, through the use of our Site,
unlawfully infringing the copyright(s) in a work, and wish to have the
allegedly infringing material removed, the following information in the
form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be
provided to our designated Copyright Agent:

your physical or electronic signature; identification of the copyrighted
work(s) that you claim to have been infringed; identification of the
material on our services that you claim is infringing and that you
request us to remove; sufficient information to permit us to locate such
material; your address, telephone number, and e-mail address; a
statement that you have a good faith belief that use of the
objectionable material is not authorized by the copyright owner, its
agent, or under the law; and a statement that the information in the
notification is accurate, and under penalty of perjury, that you are
either the owner of the copyright that has allegedly been infringed or
that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation
of material fact (falsities) in a written notification automatically
subjects the complaining party to liability for any damages, costs and
attorney’s fees incurred by us in connection with the written
notification and allegation of copyright infringement.

The Service Provider is: DAVE LEIP'S ATLAS OF U.S. ELECTIONS, LLC
Designated Agent: David Leip Address of Agent: 42 Reach Run, Ithaca, NY
14850 Telephone: 607-319-4026 Email: dmca@uselectionatlas.org

10. General

10.1   Changes.  These Terms are subject to occasional revision, and if
we make any substantial changes, we may notify you by sending you an
e-mail to the last e-mail address you provided to us (if any), and/or by
prominently posting notice of the changes on our Site.  You are
responsible for providing us with your most current e-mail address.  In
the event that the last e-mail address that you have provided us is not
valid, or for any reason is not capable of delivering to you the notice
described above, our dispatch of the e-mail containing such notice will
nonetheless constitute effective notice of the changes described in the
notice.  Any changes to these Terms will be effective upon the earlier
of thirty (30) calendar days following our dispatch of an e-mail notice
to you (if applicable) or thirty (30) calendar days following our
posting of notice of the changes on our Site.  These changes will be
effective immediately for new users of our Site.  Continued use of our
Site following notice of such changes shall indicate your
acknowledgement of such changes and agreement to be bound by the terms
and conditions of such changes.

10.2   Dispute Resolution. Please read this Arbitration Agreement
carefully.  It is part of your contract with Company and affects your
rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A
CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement.  All claims and disputes
(excluding claims for injunctive or other equitable relief as set forth
below) in connection with the Terms or the use of any product or service
provided by the Company that cannot be resolved informally or in small
claims court shall be resolved by binding arbitration on an individual
basis under the terms of this Arbitration Agreement.  Unless otherwise
agreed to, all arbitration proceedings shall be held in English.  This
Arbitration Agreement applies to you and the Company, and to any
subsidiaries, affiliates, agents, employees, predecessors in interest,
successors, and assigns, as well as all authorized or unauthorized users
or beneficiaries of services or goods provided under the Terms.

(b) Notice Requirement and Informal Dispute Resolution.  Before either
party may seek arbitration, the party must first send to the other party
a written Notice of Dispute (“Notice”) describing the nature and basis
of the claim or dispute, and the requested relief.  A Notice to the
Company should be sent to: 42 Reach Run, Ithaca, NY 14850.  After the
Notice is received, you and the Company may attempt to resolve the claim
or dispute informally.  If you and the Company do not resolve the claim
or dispute within thirty (30) days after the Notice is received, either
party may begin an arbitration proceeding.  The amount of any settlement
offer made by any party may not be disclosed to the arbitrator until
after the arbitrator has determined the amount of the award, if any, to
which either party is entitled.

(c)  Arbitration Rules.  Arbitration shall be initiated through the
American Arbitration Association (“AAA”), an established alternative
dispute resolution provider (“ADR Provider”) that offers arbitration as
set forth in this section.  If AAA is not available to arbitrate, the
parties shall agree to select an alternative ADR Provider.  The rules of
the ADR Provider shall govern all aspects of the arbitration, including
but not limited to the method of initiating and/or demanding
arbitration, except to the extent such rules are in conflict with the
Terms.  The AAA Consumer Arbitration Rules (“Arbitration Rules”)
governing the arbitration are available online at www.adr.org or by
calling the AAA at 1-800-778-7879.  The arbitration shall be conducted
by a single, neutral arbitrator.  Any claims or disputes where the total
amount of the award sought is less than Ten Thousand U.S. Dollars (US
$10,000.00) may be resolved through binding non-appearance-based
arbitration, at the option of the party seeking relief.  For claims or
disputes where the total amount of the award sought is Ten Thousand U.S.
Dollars (US $10,000.00) or more, the right to a hearing will be
determined by the Arbitration Rules.  Any hearing will be held in a
location within 100 miles of your residence, unless you reside outside
of the United States, and unless the parties agree otherwise.  If you
reside outside of the U.S., the arbitrator shall give the parties
reasonable notice of the date, time and place of any oral hearings. Any
judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction.  If the arbitrator grants you an award
that is greater than the last settlement offer that the Company made to
you prior to the initiation of arbitration, the Company will pay you the
greater of the award or $2,500.00.  Each party shall bear its own costs
(including attorney’s fees) and disbursements arising out of the
arbitration and shall pay an equal share of the fees and costs of the
ADR Provider.

(d) Additional Rules for Non-Appearance Based Arbitration.  If
non-appearance based arbitration is elected, the arbitration shall be
conducted by telephone, online and/or based solely on written
submissions; the specific manner shall be chosen by the party initiating
the arbitration.  The arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise agreed by the
parties.

(e)  Time Limits.  If you or the Company pursue arbitration, the
arbitration action must be initiated and/or demanded within the statute
of limitations (i.e., the legal deadline for filing a claim) and within
any deadline imposed under the AAA Rules for the pertinent claim.

(f)  Authority of Arbitrator.  If arbitration is initiated, the
arbitrator will decide the rights and liabilities, if any, of you and
the Company, and the dispute will not be consolidated with any other
matters or joined with any other cases or parties.  The arbitrator shall
have the authority to grant motions dispositive of all or part of any
claim.  The arbitrator shall have the authority to award monetary
damages, and to grant any non-monetary remedy or relief available to an
individual under applicable law, the AAA Rules, and the Terms.  The
arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which the award is
based, including the calculation of any damages awarded.  The arbitrator
has the same authority to award relief on an individual basis that a
judge in a court of law would have.  The award of the arbitrator is
final and binding upon you and the Company.

(g) Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL
AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE
OR A JURY, instead electing that all claims and disputes shall be
resolved by arbitration under this Arbitration Agreement.  Arbitration
procedures are typically more limited, more efficient and less costly
than rules applicable in a court and are subject to very limited review
by a court.  In the event any litigation should arise between you and
the Company in any state or federal court in a suit to vacate or enforce
an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS
TO A JURY TRIAL, instead electing that the dispute be resolved by a
judge.

(h) Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES
WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR
LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF
MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY
OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(i)  Confidentiality.  All aspects of the arbitration proceeding,
including but not limited to the award of the arbitrator and compliance
therewith, shall be strictly confidential.  The parties agree to
maintain confidentiality unless otherwise required by law.  This
paragraph shall not prevent a party from submitting to a court of law
any information necessary to enforce this Agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.

(j)  Severability.  If any part or parts of this Arbitration Agreement
are found under the law to be invalid or unenforceable by a court of
competent jurisdiction, then such specific part or parts shall be of no
force and effect and shall be severed and the remainder of the Agreement
shall continue in full force and effect.

(k) Right to Waive.  Any or all of the rights and limitations set forth
in this Arbitration Agreement may be waived by the party against whom
the claim is asserted.  Such waiver shall not waive or affect any other
portion of this Arbitration Agreement.

(l)  Survival of Agreement.  This Arbitration Agreement will survive the
termination of your relationship with Company.

(m)  Small Claims Court.  Notwithstanding the foregoing, either you
or the Company may bring an individual action in small claims court.

(n) Emergency Equitable Relief.  Notwithstanding the foregoing, either
party may seek emergency equitable relief before a state or federal
court in order to maintain the status quo pending arbitration.  A
request for interim measures shall not be deemed a waiver of any other
rights or obligations under this Arbitration Agreement.

(o) Claims Not Subject to Arbitration.  Notwithstanding the foregoing,
claims of defamation, violation of the Computer Fraud and Abuse Act, and
infringement or misappropriation of the other party’s patent, copyright,
trademark or trade secrets shall not be subject to this Arbitration
Agreement.

(p) Courts.  In any circumstances where the foregoing Arbitration
Agreement permits the parties to litigate in court, the parties hereby
agree to submit to the personal jurisdiction of the courts located
within Tompkins County, New York, for such purpose

10.3   Export. The Site may be subject to U.S. export control laws and
may be subject to export or import regulations in other countries. You
agree not to export, reexport, or transfer, directly or indirectly, any
U.S. technical data acquired from Company, or any products utilizing
such data, in violation of the United States export laws or regulations.

10.4   Disclosures.  Company is located at the address in Section 10.8.
If you are a California resident, you may report complaints to the
Complaint Assistance Unit of the Division of Consumer Product of the
California Department of Consumer Affairs by contacting them in writing
at 400 R Street, Sacramento, CA 95814, or by telephone at (800)
952-5210.

10.5   Electronic Communications.  The communications between you and
Company use electronic means, whether you use the Site or send us
emails, or whether Company posts notices on the Site or communicates
with you via email. For contractual purposes, you (a) consent to receive
communications from Company in an electronic form; and (b) agree that
all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any
legal requirement that such communications would satisfy if it were be
in a hardcopy writing. The foregoing does not affect your non-waivable
rights.

10.6   Entire Terms. These Terms constitute the entire agreement between
you and us regarding the use of the Site. Our failure to exercise or
enforce any right or provision of these Terms shall not operate as a
waiver of such right or provision. The section titles in these Terms are
for convenience only and have no legal or contractual effect. The word
“including” means “including without limitation”.  If any provision of
these Terms is, for any reason, held to be invalid or unenforceable, the
other provisions of these Terms will be unimpaired and the invalid or
unenforceable provision will be deemed modified so that it is valid and
enforceable to the maximum extent permitted by law.  Your relationship
to Company is that of an independent contractor, and neither party is an
agent or partner of the other.  These Terms, and your rights and
obligations herein, may not be assigned, subcontracted, delegated, or
otherwise transferred by you without Company’s prior written consent,
and any attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void.  Company may freely
assign these Terms.  The terms and conditions set forth in these Terms
shall be binding upon assignees.

10.7   Copyright/Trademark Information.  Copyright © 2019 DAVE LEIP'S
ATLAS OF U.S. ELECTIONS, LLC.  All rights reserved.  All trademarks,
logos and service marks (“Marks”) displayed on the Site are our property
or the property of other third parties. You are not permitted to use
these Marks without our prior written consent or the consent of such
third party which may own the Marks.

10.8   Contact Information:

Dave Leip's Atlas of U.S. Elections, LLC 
42 Reach Run 
Ithaca, NY 14850
607-319-4026 
dmca@uselectionatlas.org

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Privacy Policy

DAVE LEIP’S ATLAS OF U.S. PRESIDENTIAL ELECTIONS, LLC PRIVACY POLICY
Last Updated: October 22, 2019

This privacy policy (“Policy”) describes how Dave Leip’s Atlas of U.S.
Presidential Elections, LLC (the “Company”) collects, uses and shares
personal information of consumer users of this website,
uselectionatlas.org (the “Site”).

WHAT WE COLLECT

We get information about you in a range of ways.

Information You Give Us. We collect your‎ name, postal address, email
address, username, password as  well as other information you directly
give us on our Site.

Information Automatically Collected. We automatically log information
about you and your computer. For example, when visiting our Site, we log
your IP address, computer operating system type, browser type, browser
language, the website you visited before browsing to our Site, pages you
viewed, how long you spent on a page, access times and information about
your use of and actions on our Site.

Cookies. We may log and track information using "cookies." Cookies are
small data files stored on your hard drive by a website. We may use both
session Cookies (which expire once you close your web browser) and
persistent Cookies (which stay on your computer until you delete them)
to provide you with a more personal and interactive experience on our
Site. This type of information is collected to make the Site more useful
to you and to tailor the experience with us to meet your special
interests and needs.

This site uses traffic log cookies from Google Analytics to identify
which pages are being used and collect standard internet log information
and visitor behaviour information in an anonymous form. The information
generated by Google Analytics cookies about your use of this website is
transmitted to Google. This information is processed to compile
statistical reports on website activity for this site only. Analysis of
these data about web page traffic allows the site to improve and
tailored to customer needs. I only use this information for statistical
analysis purposes.

This site uses cookies from third party vendors, including Google, to
serve ads based on a user’s prior visits to this and other websites.
Google’s use of the DoubleClick cookie enables it and its partners to
serve ads to users of this website based on their visit to your sites
and/or other sites on the internet Users may opt out of the use of the
DoubleClick cookie for interest-based advertising by visiting Ad
Settings through the AdChoices link on the banner.


USE OF PERSONAL INFORMATION

We use your personal information as follows: 
 · We use your personal information to operate, maintain, and improve
 our sites, products, and services. 
 · We use your personal information to respond to comments and questions
 and provide customer service. 
 · We use your personal information to send information including
 confirmations, invoices, technical notices, updates, security alerts,
 and support and administrative messages. 
 · We use your personal information to communicate about promotions,
 upcoming events, and other news about products and services offered by
 us and our selected partners. 
 · We use your personal information to link or combine user information
 with other personal information. 
 · We use your personal information to protect, investigate, and deter
 against fraudulent, unauthorized, or illegal activity. 
 · We use your personal information to provide and deliver products and
 services customers request.

SHARING OF PERSONAL INFORMATION

We may share personal information as follows:

 · We may share personal information when we do a business deal, or
 negotiate a business deal, involving the sale or transfer of all or a
 part of our business or assets. These deals can include any merger,
 financing, acquisition, or bankruptcy transaction or proceeding. 
 · We may share personal information for legal, protection, and safety
 purposes. 
   · We may share information to comply with laws. 
   · We may share information to respond to lawful requests and legal
   processes. 
   · We may share information to protect the rights and property of Dave
   Leip's Atlas of U.S. Elections, LLC., our agents, customers, and
   others. This includes enforcing our agreements, policies, and terms
   of use. 
   · We may share information in an emergency. This includes protecting
   the safety of our employees and agents, our customers, or any person.
   · We may share information with those who need it to do work for us.

We may also share aggregated and/or anonymized data with others for
their own uses.

INFORMATION CHOICES AND CHANGES

Our marketing emails tell you how to “opt-out.” If you opt out, we may
still send you non-marketing emails. Non-marketing emails include emails
about your accounts and our business dealings with you.

You may send requests about personal information to our Contact
Information below. You can request to change contact choices, opt-out of
our sharing with others, and update your personal information.

You can typically remove and reject cookies from our Site with your
browser settings. Many browsers are set to accept cookies until you
change your settings. If you remove or reject our cookies, it could
affect how our Site works for you. SECURITY This website uses Hypertext
Transfer Protocol Secure (HTTPS) on all pages with forms to encrypt the
data for the protection of the privacy and integrity of the exchanged
data while in transit.

The server hosting the data is physically located and professionally
managed by a third party hosting service, including a security team to
monitor for and correct any server vunerabilities.

While we implement safeguards designed to protect your information, no
security system is impenetrable and due to the inherent nature of the
Internet, we cannot guarantee that data, during transmission through the
Internet or while stored on our systems or otherwise in our care, is
absolutely safe from intrusion by others.

TRANSFER OF PERSONAL DATA ABROAD If you utilize the Services of this
website from a country other than the country where our servers are
located, your communications with us may result in transferring your
personal data across international borders

LINKS TO OTHER WEBSITES This website may contain links to other websites
of interest. However, once you have used these links to leave our site,
you should note that we do not have any control over that other website.
Therefore, we cannot be responsible for the protection and privacy of
any information which you provide whilst visiting such sites and such
sites are not governed by this privacy statement. You should exercise
caution and look at the privacy statement applicable to the website in
question.


CONTACT INFORMATION. We welcome your comments or questions about this
privacy policy. You may also contact us at our address:

Dave Leip’s Atlas of U.S. Presidential Elections, LLC 42 Reach Run
Ithaca, New York 14850 Email Form

CHANGES TO THIS PRIVACY POLICY. We may change this privacy policy. If we
make any changes, we will change the Last Updated date above.

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