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Terms & Conditions

1. Introduction & Scope

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These Donor Terms (these “Terms”) govern your access to and use of the website, mobile applications, and any associated services (collectively, the “Platform”) that facilitate contributions, interactions, or communications related to Justin Kirk for Congress (“we,” “us,” or “our”). By accessing or using the Platform in any way — including simply browsing — or by submitting information through the Platform, you agree to be bound by these Terms, as well as any other terms, policies, or notices we reference herein.

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These Terms are intended for use by individuals in the United States who are at least 18 years old. If you are under 18 or accessing from outside the U.S., you may not use the Platform.

2. Changes to Terms / Updates

 

We may modify or revise these Terms at any time. If a change is material, we will give you advance notice via email, via the Platform, or by other means. After the effective date of such changes, your continued use of the Platform will constitute your acceptance of the new Terms. If you do not agree to those changes, your only recourse is to stop using the Platform.

 

We reserve the right to discontinue the Platform or any portion of it at any time, with or without notice. You acknowledge that you have no property rights in the Platform and that we will not be liable to you if the Platform is discontinued.

3. Dispute Resolution / Arbitration

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Any dispute or claim relating to these Terms, the Platform, or your use thereof shall be resolved by binding arbitration under the rules of the America Arbitration Association, except that you may bring an individual claim in small claims court if eligible under applicable rules. The arbitrator shall apply the laws of [State of choice] without regard to conflict-of-laws principles. You agree that claims must be brought on an individual basis and not as a class or representative action.

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If any portion of this arbitration provision (other than the waiver of class claims) is found invalid or unenforceable, the rest shall remain in effect. If the class waiver is invalidated, then the entire arbitration provision is void.

4. Personal Information & Privacy

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When you use the Platform, you may provide personal data, such as your name, billing/shipping address, email, and payment information. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy.

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You agree that we may use third-party service providers (e.g. payment processors) to carry out our obligations under these Terms, and you authorize us to share the necessary information with such providers to facilitate contributions, refunds, identity verification, and other operations.

5. Ownership & Use of Content

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  • Our Content. Any content provided by us or our licensors (e.g. logos, graphics, text, software, compilations) is protected by intellectual property laws. You agree not to reproduce, distribute, publicly display, or use our content except as expressly permitted.

  • User Content. When you submit content (e.g., comments, feedback, photos) through parts of the Platform, you grant us a nonexclusive, worldwide, royalty-free, perpetual, sublicensable, assignable license to use, reproduce, modify, distribute, display, transmit, and otherwise exploit your content in any media now known or hereafter developed, without payment or attribution (unless otherwise agreed). You represent and warrant that you own or have all necessary rights to the content you submit, and that its use will not violate any law or the rights of any party.

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You retain ownership of your User Content subject to the license you grant above.

6. Rules of Conduct / Posting Policy

 

You agree not to use the Platform to:

  • Violate applicable law or regulation, or encourage others to do so;

  • Upload or transmit content that is defamatory, obscene, harassing, hateful, infringing, or otherwise objectionable;

  • Impersonate another user, person, or organization, or misrepresent affiliations;

  • Upload viruses or other malicious software;

  • Collect or store personal data about other users;

  • Use the Platform for unauthorized commercial solicitation;

  • Interfere with the operation of the Platform or the experience of other users.

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We may remove or refuse to publish any User Content that violates these rules. We may suspend or terminate accounts or access at our discretion, without notice, for violations of the Terms or for any reason.

 

You will indemnify, defend, and hold us (and our officers, employees, agents, affiliates) harmless from any claims, damages, liabilities, costs, or legal expenses arising out of your breach of these Terms or your use of the Platform (including your User Content).

7. Donations / Transactions / Contribution Processing

 

  • By submitting your payment and clicking a button such as “Donate” or “Contribute,” you authorize us (or our designated payment processor) to charge your payment method for the specified amount. You represent that you have the legal right to use that payment method.

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  • Recurring Contributions. If you opt into recurring donations, you authorize periodic charges to your payment method on the schedule agreed (e.g. monthly) until canceled following our cancellation instructions.

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  • Pledges / Future Contributions. If you make a pledge to contribute at a later date, you authorize us to charge your payment method on the specified future date, unless you cancel in time.

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  • Cancellation / Refunds. You may cancel recurring or upcoming contributions through your account settings or by contacting us. Cancellation requests must be submitted by [time / “X days before” the next scheduled charge]. Once a contribution is processed, it is final and non-refundable, except where required by law or at our discretion.

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  • Processing Fees. We reserve the right to deduct processing fees or other applicable charges before forwarding the net contribution to the intended recipient.

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  • Transaction Errors. We may correct errors, cancel transactions, or reverse charges if mistakes or discrepancies are found. If a transaction is canceled after being charged, we will refund the charged amount to your account, subject to your bank’s policies.We are not a party to your relationship or transactions with third parties (e.g. page creators or campaign entities). We do not guarantee any third party’s fulfillment of obligations or representations.

8. Disclaimers & Limitations of Liability

 

  • The Platform, its content, and services are provided “as is” and “as available.” We make no representation or warranty (express or implied) as to reliability, accuracy, availability, fitness for a particular purpose, noninfringement, or uninterrupted access.

  • To the fullest extent permitted by law, we disclaim all liability for damages resulting from your use of (or inability to use) the Platform, including direct, indirect, incidental, consequential, punitive, or special damages, whether in contract, tort, strict liability, or otherwise.

  • Some jurisdictions do not allow the exclusion or limitation of certain damages. if that is the case, some of the foregoing disclaimers or limitations may not apply to you entirely.

9. Third-Party Links & External Sites

 

The Platform may include links to third-party websites or resources. These are provided for convenience; we are not responsible for their content, accuracy, practices, or policies. If you use them, your interactions are governed by the terms of those external sites.

10. Linking to Our Platform

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You may link to our Platform (e.g. via website or social media) provided you do so lawfully, fairly, and without suggesting any endorsement, affiliation, or sponsorship by us without our express written consent. We reserve the right to withdraw linking permission at any time.

11. Governing Law & Venue

 

These Terms (and your access to or use of the Platform) shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of laws rules. Any dispute that is not submitted to arbitration (if applicable) shall be heard only in the state or federal courts located in Macomb County, Michigan, and you consent to jurisdiction there.

12. Miscellaneous

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  • Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be severed and the remainder of the Terms will remain in full force.

  • No Waiver. Failure by us to enforce any right or provision under these Terms does not constitute a waiver of such right or provision in the future.

  • Entire Agreement. These Terms, together with any policies or notices referenced herein (such as the Privacy Policy), constitute the entire agreement between you and us regarding the subject matter hereof, superseding all prior or contemporaneous agreements.

  • Assignment. We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign your rights under these Terms without our prior written consent.

  • Force Majeure. We are not liable for failure or delay in performance caused by events beyond our reasonable control (e.g. natural disasters, governmental acts, internet outages).

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