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PRIVACY POLICY

PRIVACY POLICY & TERMS OF USE

 

Last Updated: July 2020

 

PRIVACY POLICY

Welcome to Congressional Leadership Fund’s (“we”, “us”, “our”, or “CLF”) website
(the “Website” or the “Site”). We know your online privacy is important to you,
and we want you to know how we may collect, use, disclose or store Personal
Information on this and Related Project Websites (collective, “Sites”).
“Personal Information” is your name, contact information and other data
associated with your name or contact information.

This Privacy Policy explains our privacy practices, including the information we
collect from you when you use our website, apps, and other digital and online
services (the “Services”) and how we and our affiliated committees may use that
information; our rights to share and disclose such information to third parties;
how you can review and modify information that you provide to us; and your
preferences regarding our use and disclosure of such information.

Please note that this Policy does not govern CLF’s offline collection of
Personal Information or collection of Personal Information, online or offline,
by CLF’s parent(s), affiliates, or any other entity, unless otherwise
specifically stated. This Policy does not apply to CLF’s presence on a
third-party social networking site or any mobile applications not offered for
download on this Website – please see the privacy statements at those locations
to learn how your information will be handled.

Personal Information

We collect the Personal Information you provide us when you request information,
register with our Website, make a donation, or otherwise contact us. CLF uses
such information to provide you service, improve its offerings and advance its
mission.

We may share your Personal Information with our service providers and
affiliates, as well as other organizations that share our views. We may make
this information available to other third parties. We will disclose Personal
Information if required by law, and may share it in order to protect the legal
rights, property or safety of us or third parties. We also will disclose
Personal Information to any new or successor entity, should CLF be reorganized,
acquired or merged with another entity, in whole or part.

Children’s Privacy

This Website and any Related Project Website are not directed to children
younger than thirteen years old. We do not knowingly collect, use, store, or
disclose the Personal Information of any person under the age of thirteen. When
a user discloses Personal Information on the Website, or any Related Project
Website, he or she is representing his or her age as at least thirteen years.

Cookies and Similar Technologies

Like many websites, this Website and Related Project Websites use cookies, image
tags, and similar technologies. A cookie is a small text file containing a
unique identification number that is stored on your computer. Image tags (also
called web beacons, web bugs, clear GIFs or single-pixel GIFs), which work in
conjunction with cookies, are small image files that may be located on select
pages of our Website, or Related Project Websites, or within web-based emails
that we may send. We also collect your IP address and other information that
your browser makes available as a function of visiting our Website.

We use these technologies to learn how our site is used, save your preferences
and improve the performance and offerings of our Website and Related Project
Websites. These technologies do not collect Personal Information, as they do not
include your name or contact information. We may share information collected via
these technologies to improve our offerings, to advance our mission, or for
other purposes

Third-Party Links and Ads

This Website and Related Project Websites may include links to online offerings
provided by third parties that CLF does not own or control. This Privacy Policy
does not apply to those third-party offerings. We encourage you to visit any
privacy statement available at those locations to learn how your Personal
Information may be collected and used.

This Website and Related Project Websites may contain advertisements provided by
third parties. Often, these third-party advertisers employ cookies and similar
technologies. This Privacy Policy does not apply to third party ads that may
appear on our Website or Related Project Websites, even if we have relationships
with those third parties and even if their advertisements appear on our Website.
Please visit the privacy statements of these third parties to learn about their
practices.

Security

CLF has taken steps designed to protect your Personal Information, and we
require our service providers to take similar precautions. Nonetheless, we
cannot guarantee that your Personal Information will not be accessed without
authorization. Please note that Personal Information sent over an unsecured
Internet connection could be obtained by third parties.

Contact

If you have questions concerning this Privacy Policy and/or the Website or
Related Project Websites, please contact:(202) 559-6420.

TERMS OF USE

 

The following Terms of Service are terms of a legal agreement (the “Agreement”)
between you and CLF. By accessing, browsing and/or using our Site or Services,
you acknowledge that you have read, understood and have all necessary rights,
power, and authority to agree to be bound by these terms and to comply with all
applicable laws and regulations. If you do not agree to these terms, do not use
the Site. The Site may contain other proprietary notices and copyright
information, the terms of which must be observed and followed. Information on
the Site may contain technical inaccuracies or typographical errors. Please read
this Agreement carefully and be aware that CLF may, in its sole discretion and
without notice, revise these terms at any time by updating this posting.

HYPERLINKING

CLF makes no representations whatsoever about any other web site that you may
access through the Site. When you access a non-CLF web site, please understand
that it is independent from CLF, and that CLF has no control over the content on
that web site, even if CLF provides information or services to the owner of that
web site. In addition, a link to a non-CLF web site does not mean that CLF
endorses or accepts any responsibility for the content or the use of such web
site. In fact, CLF disclaims any and all liability and responsibility for such
content. It is up to you to take precautions to ensure that whatever you select
for your use is free of such items as viruses, worms, trojan horses and other
items of a destructive nature.

COPYRIGHTS AND USE OF WEB SITE CONTENT

The copyright in all materials provided on the Site is held by CLF or by the
original creator of the material. Except as stated herein, none of the materials
may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording or otherwise, without the
prior written permission of CLF or the copyright owner. Permission is granted to
download one copy of the materials on this web site on a single computer for
your personal or internal business use only provided that you do not modify the
materials and that you retain all copyright and other proprietary notices
contained in the materials. This permission terminates immediately if you breach
this Agreement. You may not “mirror” any material contained on the Site without
CLF’s express written permission. Any unauthorized use of the materials
contained on the Site may violate copyright laws, trademark laws, the laws of
privacy and publicity and/or communications regulations and statutes. All
content and functionality on the Site, including text, graphics, logos, icons,
and images and the selection and arrangement thereof, are the exclusive property
of CLF or its licensors and is protected by U.S. and international copyright
laws. All rights not expressly granted are reserved.

TRADEMARKS

The trademarks, service marks and logos (the “Trademarks”) used and displayed on
the Site are registered and unregistered Trademarks of CLF. Other trademarks,
service marks and trade names may be owned by others. Nothing on the Site should
be construed as granting, by implication, estoppel or otherwise, any license or
right to use any Trademark or any other CLF intellectual property displayed on
this Site. CLF aggressively enforces its intellectual property rights to the
fullest extent of the law. You are prohibited from using in any way the name
“Congressional Leadership Fund” or any other Trademarks appearing on the Site,
including in advertising or publicity pertaining to distribution of materials on
the Site, without prior written permission from CLF. CLF also prohibits use of
the term “Congressional Leadership Fund” or any other Trademark as part of a
link to or from any web site unless establishment of such a link is approved in
advance and in writing by CLF.

USER POSTINGS

You acknowledge and agree that CLF owns and has the unrestricted right to use,
publish, in electronic form and otherwise, distribute and exploit any and all
information that you post or otherwise publish on the Site (your “Submissions”).
You hereby waive any and all claims against CLF for any alleged or actual
infringements of any rights of privacy or publicity, moral rights, rights of
attribution or any other intellectual property rights in connection with CLF’s
use and publication of such Submissions. This means that anything you submit to
the Site will be owned by CLF and may be used by CLF for any purpose, now or in
the future, without any payment to, or further authorization by, you. In the
event CLF’ ownership of such Submissions is successfully contested, you
automatically grant CLF a perpetual, royalty-free, non-exclusive, unrestricted,
worldwide and irrevocable right and license to use, reproduce, modify, publish,
translate, prepare derivative works based upon, distribute, perform or display
such Submissions, in whole or in part, in any form, media or technology known or
hereafter developed for any purpose, including, but not limited to, advertising
and promotional purposes. CLF does not represent or endorse the accuracy or
reliability of any Submissions displayed, uploaded, posted on any message board,
or otherwise distributed through this web site by any user of this Site,
information provider or any other third party.

CLF expressly disclaims any and all liability related to Submissions, and you
acknowledge that any reliance upon such Submissions are at your sole risk. You
covenant that you will not post or otherwise publish on the Site any materials
that: (i) are threatening, libelous, defamatory, or obscene; (ii) would
constitute, or that encourage conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate law; (iii) infringe the
intellectual property, privacy, or other rights of any third parties; (iv)
contain a computer virus or other destructive element; (v) contain advertising;
or (vi) constitute or contain false or misleading statements. CLF, in its sole
discretion, reserves the right to refuse to post and the right to remove any
information or Submission from this Site, in whole or in part, for any reason.

NO SERVICES, ENDORSEMENT OR PROFESSIONAL CONSULTATION

There may be delays, omissions or inaccuracies in information obtained through
your use of the Site. This information is provided to you with the understanding
that CLF’s provision of this information to you does not constitute the
rendering of investment, consulting, legal, accounting, tax, career or other
advice or services. You should not rely upon information on the Site for making
business, investment or other decisions or used as a substitute for consultation
with professional advisors. Moreover, CLF does not represent or endorse the
accuracy or reliability of any advice, opinion, statement, or other information
displayed, uploaded, downloaded or distributed through this web site by CLF, any
user, information provider or any other person or entity. You acknowledge that
any reliance upon such opinion, advice, statement, memorandum, or information is
at your sole option and risk. Moreover, CLF does not grant any license or other
authorization to you to use the Site in any manner if such use in whole or in
part suggests that CLF promotes or endorses any third party’s causes, ideas,
political campaigns, political views, web sites, products or services.

ACCESS TO THIS SITE

CLF may alter, suspend or discontinue the Site or your access to the Site at any
time for any reason, without notice or liability to you or any third party. The
Site may become unavailable due to maintenance or malfunction of computer
equipment or for other reasons and may result in damages to the user’s systems
or operations. The user is solely responsible for ensuring that any information
or content obtained from this web site does not contain any virus or other
computer software code or subroutine designed to disable, erase, impair or
otherwise damage the user’s systems, software or data.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
CLF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, CLF DOES NOT WARRANT
THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE
FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS
WILL BE CORRECTED, OR THAT THE SITE; OR (4) THE SERVER THAT MAKES THEM AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE
OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY
WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

LIMITATION OF LIABILITY

IN NO EVENT SHALL CLF OR OUR PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, CONTRIBUTORS, INVESTORS,
EMPLOYEES, VENDORS, CONSULTANTS, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR
RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN
ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE
SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED
THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR
RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CLF, OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL,
ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CLF’S RECORDS, PROGRAMS OR
SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CLF, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED),
PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING
TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY
COMPENSATION YOU PAY, IF ANY, TO CLF FOR ACCESS TO OR USE OF THE SITES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.

INDEMNIFICATION

You hereby indemnify, defend, and hold harmless CLF and all of its predecessors,
successors, parents, subsidiaries, affiliates, officers, directors,
shareholders, contributors, investors, employees, vendors, consultants, agents,
representatives and attorneys and their respective heirs, successors and assigns
(collectively, the “Indemnified Parties”) from and against any and all liability
and costs, including, without limitation, reasonable attorneys’ fees, incurred
by the Indemnified Parties in connection with any claim arising out of or
relating to any breach by you of this Agreement or the representations,
warranties, and covenants you have made by agreeing to the terms of this
Agreement. You agree to cooperate as fully as reasonably required in the defense
of any such claim. CLF reserves the right, at its own expense, to assume the
exclusive defense and control of any matter subject to indemnification by you.

Agreement to Arbitrate Disputes on an Individual Basis

Any claim, dispute or controversy of any kind, regardless of the type of claim
or legal theory or remedy (“Claim”) by either you or CLF against the other
arising from, relating to or in any way concerning the Terms of Service, Privacy
Policy, SMS/Mobile Messaging Terms & Conditions, or any goods you receive from
us (or from any advertising for any such goods) must, at the demand of either
party, be submitted to and determined by binding and confidential arbitration in
Washington, D.C., before a single arbitrator. To the extent issues of state law
are implicated, the laws of the Commonwealth of Virginia shall apply. The
arbitration will be administered by JAMS pursuant to its Comprehensive
Arbitration Rules and Procedures in effect at the time of the arbitration and in
accordance with the Expedited Procedures in those Rules. This agreement to
arbitrate also includes: (i) Claims relating to the enforceability or
interpretation of any of these arbitration provisions; (ii) Claims that relate
directly to CLF and/or its affiliates, successors, assignees, employees, agents,
or independent contractors; and (iv) Claims asserted as part of a class action,
private attorney general or other representative action, it being expressly
understood and agreed to by you and CLF that the arbitration of such claims must
proceed on an individual (non-class and non-representative) basis and the
arbitrator may award relief only on an individual (non-class and
non-representative) basis. The parties shall maintain the confidential nature of
the arbitration proceedings and award, including the hearing, except as may be
necessary in connection with a court application for a preliminary remedy, a
judicial challenge to an award or enforcement of the award, or unless otherwise
required by law or judicial decision. Judgment upon the award rendered by an
arbitrator hereunder may be entered in any court having jurisdiction.

YOU AND CLF HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT YOU HAVE TO A JURY
TRIAL, OR AN APPEAL TO A STATE OR FEDERAL COURT OF APPEAL, WITH REGARD TO ANY
DISPUTE ARISING UNDER, RELATING TO, OR IN CONNECTION WITH THE Terms of Service,
Privacy Policy, or any goods you receive from us (or from any advertising for
any such goods). ALL SUCH DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION
AND NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL OR OTHER
REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION. BY ACCEPTING THIS
ARBITRATION AGREEMENT, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE
IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR
CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION
PROVISION.

INFRINGEMENT NOTICES AND TAKEDOWN

CLF prohibits the posting of any information that infringes or violates the
copyright rights and/or other intellectual property rights (including rights of
privacy and publicity) of any person or entity. If you believe that any material
contained on this web site infringes your copyright, you should notify CLF of
your copyright infringement claim in accordance with the procedure set forth
below. CLF will process notices of alleged infringement which it receives and
will take appropriate action as required by the Digital Millennium Copyright Act
(DMCA). The DMCA requires that notifications of claimed copyright infringement
should be sent to this Site’s Designated Agent, who can be contacted via the
email link on the contact page.

To be effective, the notification must be in writing and contain the following
information (DMCA, 17 U.S.C. § 512(c)(3)):

Physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online web site are covered by a single
notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the service
provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law;

A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.

EMAIL TRAFFIC

The information contained in any email traffic from this site may be
confidential and/or legally privileged. It has been sent for the sole use of the
intended recipient(s). If the reader of any message or attachment is not an
intended recipient, you are hereby notified that any unauthorized review, use,
disclosure, dissemination, distribution, or copying of this communication, or
any of its contents, is strictly prohibited. If you have received any
communication in error, please contact the sender by reply email and destroy all
copies of the original message and attachment(s).

CONTRIBUTION POLICIES

Contributions to CLF are not deductible for federal income tax purposes. All
contributions to CLF through the Sites must be made from a contributor’s own
funds, not funds provided to the contributor by another person. Contributions to
CLF may not be made by any federal government contractor or foreign national
lacking permanent-resident status in the United States.

 

SMS/MOBILE Messaging

Among the Services, CLF is offering a mobile messaging program (the “SMS
Service”).  By opting into the SMS Service or otherwise sharing your personal
information with us in connection with the SMS Service, you expressly consent to
these Terms of Service and our Privacy Policy.

User Opt In.  The SMS Service allows users to receive SMS mobile messages by
users affirmatively opting into the SMS Service. When you opt-in to the SMS
Service, we will send you an SMS message to confirm your signup for the SMS
Service. By participating in the SMS Service, you agree to receive autodialed
marketing mobile messages and you understand that consent is not required to
make any purchase from us.

SMS Service Description. Without limiting the scope of the SMS Service, users
that opt into the SMS Service can expect to receive messages concerning
political messaging, updates and mobile donation information from CLF.

User Opt Out. You can cancel the SMS Service at any time. Just reply “STOP” to
any of our mobile messages from your mobile device. After you send the SMS
message “STOP” to us, we will send you an additional SMS message confirming your
decision to opt out of the SMS Service. After this, you will no longer receive
SMS messages from us. If you want to opt-in to the SMS Service again, sign up as
you did the first time and we will start sending SMS messages to you again
subject to these same terms.

Cost and Frequency. As always, message and data rates may apply for any messages
sent to you from us and to us from you, and message frequency varies. If you
have any questions about your text plan or data plan, it is best to contact your
wireless provider. For all questions about the services provided by this short
code, you can send an email to digitalassests@theclf.org.

Help.  If at any time you forget what keywords are supported, just text “HELP.”
After you send the SMS message “HELP” to us, we will respond with instructions
on how to use our service as well as how to unsubscribe.

Carriers. We are able to deliver messages to the following mobile phone
carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS,
U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers:
Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass
Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast
Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX,
Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI,
Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley
Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix
Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless,
NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol,
RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United
Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
***Carriers are not liable for delayed or undelivered messages***

SEVERABILITY

If any provision of these Terms of Service shall be deemed unlawful, void or for
any reason unenforceable, then that provision shall be deemed severable from
these Terms of Service and shall not affect the validity and enforceability of
any of the remaining provisions.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and CLF with respect
to the subject matter of this Agreement and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding that
subject matter. Any waiver of any provision of this Agreement will be effective
only if in writing and signed by CLF.


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