Terms of Service for Canada

Welcome to One Click Politics. Our company, Advocacy Holdings, Inc. dba One Click Politics (mentioned below as “One Click Politics” or “OCP”) provides its paid services to our customers in Canada, subject to the following Terms of Service for Canada (“T&Cs”). These T&Cs are for customers in Canada, including every account opened from our Canadian pages and every plan for Canada; customers in the United States agree to our Terms & Conditions instead.

PLEASE READ THESE T&Cs CAREFULLY. By creating an account, buying a plan, or accessing or using One Click Politics services via our website or via a widget, iframe, mobile app, or any other OCP tool hosted or branded by a third party, you are bound by the notices, terms, and conditions in these T&Cs and, as applicable, elsewhere on our website (including but not limited to our Privacy Policy, which is incorporated by reference). If you register on behalf of a business or other type of organization, you represent to OCP that you have the authority to bind that business or organization, and your acceptance of these T&Cs will be treated as acceptance by that business or organization. In that event, “you” and “your” in these T&Cs will refer to that business or organization; however, in certain portions “USER” or “SENDER” will refer to an individual user not paying to use OCP but sending messages via OCP services on your behalf. “ORG” will refer to either an individual user paying to use the service, or an organization or business using the service.

If you do not agree to these T&Cs, you may not use the One Click Politics service or related services. By using OCP, you agree to accept these T&Cs.

Who We Are

One Click Politics is provided and sold to you by Advocacy Holdings, Inc. dba One Click Politics, a company based in the United States. You can reach us at:

• Address: 1717 Pennsylvania Avenue NW, Suite 1025, Washington, DC 20006, United States
• Phone: (202) 800-8877
• Email: support@oneclickpolitics.com

The One Click Politics Service

One Click Politics is a communications service that facilitates sending messages to certain elected representatives, as well as certain non-elected but appointed officials and certain other individuals or organizations. One Click Politics routes your messages to the individuals and groups that you select, and delivers them by the means available for each recipient. You are responsible for all of the content of the message — One Click Politics serves as a messaging intermediary at your behest. One Click Politics also provides legislative tracking: information about bills, votes, regulations and officials, with alerts by email and, on a paid plan, by push notification. What each plan includes is described on that plan’s page when you buy it.

Content

You own all the content and information provided in your message or in support of your message, including but not limited to messages that you submit to the One Click Politics service (the “Content”). OCP takes no responsibility and assumes no liability for the proper or improper use of third party content or information; you assume responsibility for ensuring you have rights and permissions to all Content you use or post on the OCP website or through OCP tools.

1. You understand that your content may appear in your USER profile or ORG profile.
2. You further understand that at your selection, certain Content that you submit will, upon your selection, be sent to the message recipients you select for a message.
3. For Content that is covered by intellectual property rights (“IP content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with One Click Politics (“IP License”). This IP License ends when you delete your account unless your IP content has been shared with others, and they have not deleted it.
4. Although OCP assumes no ideological positions, it may at its sole judgment remove or not permit messages containing content it deems objectionable or inappropriate, e.g., messages advocating violence, containing profanity or hate speech, encouraging criminal behavior or fraud, or similar types of content.

Profiles

You are responsible for maintaining your organizational profile on One Click Politics. Please see our Privacy Policy for specifics on how your information may be used. Your profile may be deleted at any time at our discretion for containing offensive language or inappropriate Content or if it is believed to be an inaccurate representation of your actual identity. ORG profiles may be suspended for the same reasons; however, they will not be deleted without first attempting to appropriately address the problem.

Registration

You are required to register to use certain OCP customer services. To register you will need to create an account with One Click Politics and select a password and provide an email address belonging to you or use an affiliated service account, e.g., NationBuilder. You must provide One Click Politics with accurate, complete, and updated registration information. Failure to do so will be a breach of these T&Cs, and may result in immediate termination of your One Click Politics account. We require the following information:

1. Your organization’s name
2. Your physical address, including your postal code
3. Your email address
4. Payment information, if you buy a plan

You may not: use an email address belonging to anyone other than yourself or a point of contact within your organization; use as a One Click Politics User ID a name subject to any rights of a person and/or entity other than you without appropriate authorization. OCP reserves the right to refuse registration of, or cancel, a One Click Politics account in its sole discretion.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify OCP immediately of any breach of security or unauthorized use of your account. Although OCP will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of OCP or others due to such unauthorized use. All registration information provided by you shall be subject to OCP’s Privacy Policy.

One Click Politics users must provide their real names and information as required by the officials that they are attempting to contact. With respect to registering and maintaining the security of your account, do: not provide any false personal information, or create an account for anyone other than yourself without permission; not use One Click Politics if you are under 14 and do not enable those under 14 to use OCP; keep your contact information accurate and up to date; not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; not transfer your account to anyone; and understand we reserve the right to remove accounts if we believe appropriate. If you buy a plan for yourself, you must have reached the age of majority in your province or territory.

Plans, Prices and Taxes

Paid plans for Canada are subscriptions, billed monthly or yearly as you choose at checkout. Prices are in Canadian dollars. Sales taxes that apply where you are, such as GST/HST and Quebec’s QST, are worked out from your billing address and added at checkout, and you see the total before you pay. A business can enter its tax registration number at checkout. You pay through our payment processor, and you authorize us to charge the payment method you give at checkout for each billing period until you cancel.

Renewal and Cancellation

Your plan renews automatically at the end of each billing period, for another period of the same length, and we charge your payment method for it, until you cancel. If the price of your plan is going to change, we will email you at least 30 days before the renewal it applies to, and you can cancel before then. Paid plans for Canada have no free trial: we charge the first period at checkout.

You can cancel at any time: choose Manage billing in your account, or email us at support@oneclickpolitics.com. Cancelling stops the next renewal. Your plan stays active until the end of the period you have paid for, and your account then moves to the free plan. We do not refund the unused part of a period, except where the law requires it.

Prohibited User Conduct

The message creation and routing service that One Click Politics provides allows customers to write messages that state their opinions about issues and/or public officials. Customers shall not post or transmit through One Click Politics or the One Click Politics service any material that violates or infringes upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without OCP’s express prior approval, contains advertising or any solicitation with respect to products or services. OCP retains the right, but is not obligated, to exclude or remove any material that violates these T&Cs. However, given system constraints, OCP may not be able to identify all such messages and will not be held responsible for its failure to do so.

If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate. In addition, you will not use our copyrights or any confusingly similar marks without our written permission, and you will not post anyone’s identification or sensitive information on One Click Politics.

Additional Message Restrictions

OCP reserves the right, but is not obligated, to review all messages submitted by users. Do not send any message that violates these T&Cs. Messages that violate these T&Cs will be removed and will not be subject to refunds or other compensation.

Names and addresses, while required to send a message, will not be posted online. They will, however, be included in the body of the messages to the recipients. Please see our Privacy Policy for specifics about the use of personal information.

There are no guarantees of any kind that messages sent to recipients will be received by these recipients. We reserve the right not to send any message for any reason we choose.

Text Messages

There is no text messaging in Canada yet. We do not send text messages to Canadian phone numbers: alerts for Canada come by email and, on a paid plan, by push notification. If we offer text messages in Canada, we will ask for your consent before sending any, and add their terms here first.

Sender Information

We use the constituent’s name, physical address, and postal code to include in messages we send to the designated targets within OCP. All constituent-provided information on OCP is considered private and only accessible to the subscribing organization. OCP will not share, sell, or rent any information acquired during a given campaign. OCP will only use personal information to automatically associate elected officials with users.

Commercial Electronic Messages

We email you what the service needs, such as notices about your account and plan, security messages, and the alerts and updates you set up. We send marketing messages, such as news about our products and offers, to people in Canada only with their consent: consent you give us when we ask for it on its own, or consent the law implies, for example while you have an account or plan with us and for a limited time after. Every marketing message says it comes from One Click Politics, gives our contact details and has a link to unsubscribe, and we act on an unsubscribe within 10 business days. You can also withdraw your consent at any time by emailing support@oneclickpolitics.com.

Personal Information

How we collect, use and share personal information is set out in our Privacy Policy, which forms part of these T&Cs. It explains how to ask to see or correct your information, and how to withdraw your consent. We are a company based in the United States: the information you give us is kept and processed in the United States, and our service providers may process it in other countries, where the law may allow courts and authorities to reach it.

Monitoring

OCP shall have the right, but not the obligation, to monitor the content on the One Click Politics service and to exclude or remove any material that is deemed at its sole discretion to be inappropriate according to the above standards or otherwise objectionable, or to expose it to potential liability to third parties.

Third Party Content

One Click Politics contains content about public officials, government bodies, and other information supplied by third parties. OCP does not guarantee the accuracy, completeness, or usefulness of any content. Under no circumstances will OCP be liable for any loss or damage caused by your reliance on or use of information obtained through One Click Politics. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through One Click Politics.

Copyright Notice

This Service (including, but not limited to, text, content, photographs, video, and audio) is protected by copyright as a collective work or compilation under the copyright laws of Canada, the United States, and other countries. You must abide by all additional copyright notices or restrictions contained in this Service.

YOU MAY NOT COPY, REPRODUCE, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THIS SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THIS SERVICE FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE AS FOLLOWS: YOU MAY MAKE ONE MACHINE-READABLE COPY AND/OR ONE PRINT COPY THAT IS LIMITED TO OCCASIONAL MESSAGES OF PERSONAL INTEREST ONLY. YOU MAY ALSO FORWARD, EMAIL, POST, OR OTHERWISE DISSEMINATE MESSAGES SENT VIA OCP, SO LONG AS THE PURPOSE IS CONSISTENT WITH OCP’S PURPOSE AND IS INTENDED TO INCREASE THE NUMBER OF MESSAGES SENT TO GOVERNMENT OFFICIALS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU MAY NOT DISTRIBUTE ANY PART OF THIS SERVICE OVER ANY NETWORK, INCLUDING A LOCAL AREA NETWORK, NOR SELL NOR OFFER IT FOR SALE. IN ADDITION, THESE FILES MAY NOT BE USED TO CONSTRUCT ANY KIND OF DATABASE.

Copyright Infringement Notices

If you own the copyright in something you believe is on One Click Politics without your permission, send a notice to support@oneclickpolitics.com or to our address under Who We Are. Give: your name and address; the work; your interest or right in its copyright; where it is on One Click Politics (its web address); the infringement you claim; and the date and time of that infringement. Where Canada’s Copyright Act applies to us, we forward a notice that meets its requirements to the person responsible for that content and tell you that we did (Canada’s “notice and notice” system); forwarding a notice does not mean we find that anything infringes. A notice must not include an offer to settle, or a demand for payment or for personal information. We may also remove content that breaks these T&Cs.

Disclaimer and Limitation of Liability

IF YOU ARE A CONSUMER IN QUEBEC: THE EXCLUSIONS AND LIMITS IN THIS SECTION DO NOT APPLY TO YOU TO THE EXTENT QUEBEC’S CONSUMER PROTECTION ACT DOES NOT ALLOW THEM.

ALL CONTENT AND SERVICES ARE MADE AVAILABLE “AS IS.” OCP MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER REGARDING CONTENT, SERVICES, OR OTHERWISE, INCLUDING PERFORMANCE, RESULTS, SECURITY, NONINFRINGEMENT, MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OCP AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS INCLUDING ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY, OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY EVEN IF OCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. OCP DOES NOT GUARANTEE THAT ONE CLICK POLITICS WILL BE SAFE OR SECURE. OCP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE T&Cs WILL NOT EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (CAD $100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OCP’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You shall indemnify, defend, and hold OCP and its affiliates and their respective officers, directors, employees, and agents harmless from and against any third party claims, losses, damages, liabilities, costs, or expenses of any nature (including reasonable legal fees) suffered or incurred by any of them to the extent that such are caused by or arise in connection with any breach by you of your obligations, restrictions, or representations and warranties contained herein. This section does not apply to a consumer to the extent the law of their province or territory does not allow it.

Additional Information

For any questions or requests related to these T&Cs, contact us by email, phone, or mail at the details under Who We Are.

Termination

If you violate the letter or spirit of these T&Cs, or otherwise create possible legal exposure for us, we can stop providing all or part of One Click Politics to you. If we end your paid plan for a reason other than your breach of these T&Cs, we will refund the part of your payment that covers the time left in your billing period.

Changes to These T&Cs

We may change these T&Cs. When we do, we will post the new version on this page and, if you have an account, email you at least 30 days before the change takes effect, with the new wording and the date it takes effect. If a change adds to what you pay or takes away from what you get, you can cancel your plan at no cost before it takes effect or within 30 days after.

Governing Law and Venue

Proposed clause: our counsel decides the governing law and venue.

These T&Cs, and any claim, cause of action, or dispute (“claim”) you have with us arising out of, or relating to, these T&Cs or One Click Politics, are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of law rules. You and we agree that the courts of Ontario, sitting in Toronto, will decide any claim, and you agree to submit to their jurisdiction. If you are a consumer, you may also bring a claim in the courts of the province or territory where you live, and you keep the protection of the laws of that province or territory that cannot be set aside by agreement; nothing in this section prevents a consumer in Quebec from bringing a claim before the courts of Quebec.

Language

These T&Cs are available in French and in English, and we present the French version first. The French version is Conditions d’utilisation.

Miscellaneous

These T&Cs make up the entire agreement between the parties regarding One Click Politics, and supersede any prior agreement(s). If any portion of these T&Cs is found to be unenforceable, the remaining portion will remain in full force and effect. Failure or delay in enforcing any or all of these T&Cs will not be considered a waiver. OCP may assign its rights or assign or delegate any of its obligations under these T&Cs without restriction. If any provision of these T&Cs is found illegal or unenforceable, the T&Cs will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions will not be affected. Neither party hereto has relied on any statement, representation, or promise of the other party or representative thereof in agreeing to these T&Cs. You will not transfer any of your rights or obligations under these T&Cs to anyone else without our consent. Nothing in these T&Cs shall prevent us from complying with the law. These T&Cs do not confer any third party beneficiary rights. If you are a consumer, nothing in these T&Cs limits a right you have under the consumer protection law of your province or territory that cannot be waived.

Copyright © Advocacy Holdings, Inc. dba One Click Politics. All rights reserved.