LEGAL

LEGAL STRUCTURE INFORMATION

OPEN SOURCE ELECTION TECHNOLOGY (“OSET”) INSTITUTE, INC.
FEDERAL TIN NO: 20-8743186
CA TRUST REGISTRY NO: CT0202910
CA CORP NO: 2978899

This corporation is recognized as exempt under section 501(c)(3) of the Internal Revenue Code (the code) in a determination letter issued July 2013 and effective as of March 2007.

Donors may deduct contributions as provided in Section 170 of the U.S. Internal Revenue Code.  Bequests, legacies, devises, stock transfers, or gifts are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of Sections 2055, 2106, and 2522 of the Code.

OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to the Open Source Election Technology Institute (hereinafter “OSET”) web site located at www.osetinstitute.org, trustthevote.org, electos.org or fund-democracy.org, collectively, and all associated sites linked to www.osetinstitute.org by OSET, including OSET sites around the world (collectively, the “Site”). The Site is the property of Open Source Election Technology Institute, Inc. (“OSET” pronounced: “Oh-Set”), formerly known as the Open Source Digital Voting Foundation and the Open Source Election Technology Foundation.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

OSET reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, OSET grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is, except where otherwise noted, is the intellectual property of the OSET Institute, Inc., and copyright © 2007-2022, all rights reserved.

You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information without our prior express written consent.

Unless indicated otherwise, the Open Source Election Technology Institute logos, trademarks, service marks, trade dress and trade names are proprietary to OSET and may not be used by anyone for any purpose without our prior express written consent.

YOUR USE OF THE SITE

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, in order to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. OSET reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any OSET server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site without our prior express written consent. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other partner of OSET or member of its TrustTheVote® Project, including any OSET account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or OSET systems or networks, or any systems or networks connected to the Site or to OSET. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to OSET on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of OSET or others.

OTHER TERMS AND CONDITIONS

The following terms also govern and apply to your use of the Site. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

ACCOUNTS, PASSWORDS, AND SECURITY

Certain features or services offered on or through the Site may require you to register (including setting up a OSET or TrustTheVote Project ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify OSET immediately of any unauthorized use of your account or password, or any other breach of security.

PRIVACY

The OSET Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never guaranteed of being completely private or secure. You understand that any message or information you send to the Site might be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

INFORMATION COLLECTION & USE

We may automatically track, collect and compile User Information and Usage Data when you utilize the services of this Site. For purposes of this Agreement, the terms “User Information and Usage Data” (collectively referred to as “Information”) shall have the meanings set forth below:

(a) “User Information” shall mean information or data, including registration, enrollment and profile data provided by or obtained in connection with users registering for TrustTheVote Project community participation.

(b) “Usage Data” shall mean information and data characterizing, describing, relating to, or comprising use of the services of this Site, including but not limited to: automatically tracking and collecting your IP address, domain server, the type of computer and type of web browser you are using and use “cookies” to (i) customize content specific to your interests, (ii) ensure that you do not see the same information repeatedly and (iii) store your password so you do not have to re-enter it each time you use the Service. 

LINKS TO OTHER SITES AND TO THE OSET INSTITUTE SITE

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the control of OSET, and OSET is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

DISCLAIMERS

OSET DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE OSET CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OSET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OSET DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OSET SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OSET FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

THE OSET INSTITUTE RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE:

1. To modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason

2. To modify or change the Site, or any portion of the Site, and any applicable policies or terms

3. To interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will OSET be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if OSET has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, OSET is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, OSET liability shall in no event exceed U.S. $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

INDEMNITY

You agree to indemnify and hold OSET  its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against OSET by any third party due to or arising out of or in connection with your use of the Site.

VIOLATION OF THESE TERMS OF USE

OSET may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) OSET rights or property, or the rights or property of visitors to or users of the Site. OSET reserves the right at all times to disclose any information that OSET deems necessary to comply with any applicable law, regulation, legal process or governmental request. OSET also may disclose your information when OSET determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that the OSET may preserve any transmittal or communication by you with OSET through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or OSET determines that such preservation or disclosure is reasonably necessary to:

1. Comply with legal process
2. Enforce these Terms of Use
3. Respond to claims that any such data violates the rights of others
4. Protect the rights, property or personal safety of OSET  its employees, users of or visitors to the Site, and the public.

You agree that OSET may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to OSET  for which monetary damages would be inadequate, and you consent to OSET obtaining any injunctive or equitable relief that OSET deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies OSET may have at law or in equity.

You agree that OSET may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to):

1. Requests by law enforcement or other government agencies
2. A request by you (self-initiated account deletions)
3. Discontinuance or material modification of the Site or any service offered on or through the Site
4. Unexpected technical issues or problems.

If OSET does take any legal action against you as a result of your violation of these Terms of Use, OSET will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to OSET  You agree that OSET will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between OSET and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

VOID WHERE PROHIBITED

OSET administers and operates the www.osetinstitute.org, trustthevote.org, and electos.org Sites from its primary locations in Palo Alto, California USA and Portland, Oregon USA; other OSET sites may be administered and operated from various locations inside the United States. Although the Sites are accessible worldwide, the features, content, or services discussed, referenced, provided or offered through or on the Sites are primarily intended for United States of America citizens, governments and public or private U.S. organizations. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

MISCELLANEOUS

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and OSET with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and OSET with respect to such use are hereby superseded and cancelled. OSET will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. OSET failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by OSET of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between OSET and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

TRADEMARK INFORMATION

Use of OSET trademarks such as, but not limited to DeadMenDon’tVote™, ElectOS™, ThunderCast™, TrustTheVote® Project, Vanadium™, or VoteReady™ may be prohibited, unless expressly authorized. Refer to OSET guidelines for using OSET trademarks as may be available on the web site or directly from OSET by contacting OSET Institute Legal by message to “legal” at osetinstitute dot org.

COPYRIGHT INFORMATION

A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws. Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings. To use OSET copyrighted materials, please contact the OSET Institute by message to “legal” at osetinstitute dot org.

THIRD PARTY COMPANIES AND PRODUCTS

Mention of third-party products, companies and websites on OSET websites is for informational purposes only and constitutes neither an endorsement nor a recommendation. OSET assumes no responsibility with regard to the selection, performance or use of these products or vendors. OSET provides this only as a convenience to our users. OSET has not tested any software or a service found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software or services found on the Internet, and OSET assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software or accessing any service on the Internet. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.

FEEDBACK

OSET encourages and welcomes your feedback regarding any aspect of OSET efforts. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found on this site, or you can choose from the many other means, such as the OSET blog or other collaborative and/or social media teams.

Updated by the OSET Legal Team last on 01.04.2022

Effective March 2014