PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS") CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
These Terms apply to your access to and use of the websites, mobile applications, and other online offerings (collectively, the "Site") provided by Giuliani Defense PAC ("Giuliani Defense," "we," or "us"). By accessing or using our Site, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site.
We reserve the right to make changes to these Terms at any time. If we make material changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Site, or updating the effective date at the top of these Terms. Unless we state otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.
If you have any questions about these Terms or our Site, please contact us at info@giulianidefense.com.
1. Privacy
For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy at https://www.giulianidefense.com/privacy.
2. Consent to Use of Data and Mobile Communication; SMS Program Terms
By using our Site, you consent to our communicating with you about the Site and Giuliani Defense by SMS, text message, email, or other electronic means. Your carrier's normal messaging, data, and other rates and fees will apply to these communications.
If you subscribe to any text programs offered by Giuliani Defense, the following terms apply:
a. By subscribing to Giuliani Defense updates or alerts, you consent to receive recurring updates or alerts by automatic text message. To stop receiving messages, text STOP. For help, text HELP or contact us at info@giulianidefense.com. Message and data rates may apply.
b. Neither Giuliani Defense nor the participating carriers guarantee that messages will be delivered. Giuliani Defense may discontinue the program at any time without notice.
c. You represent that you are the owner of the mobile phone number you provide and that you will promptly notify us if you change your number.
d. You may opt out of receiving messages at any time by texting STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to the originating number. Opting out through other means may be unreasonable.
e. You must be at least 13 years old to sign up for text messages. If you are between 13 and 18 years old, you must have your parent's or legal guardian's permission.
By entering your phone number and agreeing to receive messages, you consent to receive recurring texts related to donations, updates, and other important information from Giuliani Defense. No purchase necessary. Message and data rates may apply. Reply HELP for support or STOP to cancel. View Privacy Policy for details.
3. User Content
Our Site may allow you and other users to create, post, store, submit, and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content.
You hereby grant Giuliani Defense a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post User Content, you understand and agree that it, along with any associated information, may be visible to others.
You may not post User Content that: (i) violates these Terms; (ii) you do not have the right to post; or (iii) may cause injury to any person or entity. Although we have no obligation to screen User Content, we may remove it at any time for any reason.
4. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right, or other third-party right in connection with your use of the Site. Without limiting the generality of the foregoing, you will not:
a. Harass, threaten, or stalk any individual;
b. Impersonate or misrepresent your affiliation with any person or entity;
c. Sell or otherwise use our Site for commercial purposes;
d. Copy, modify, create derivative works of, publicly perform, publicly display, republish, download, store, or transmit our Site;
e. Use our Site in any manner that could interfere with, disable, or impair our Site;
f. Attempt to gain unauthorized access to our Site or any related systems or networks;
g. Use any robot, spider, or other automatic device to access our Site;
h. Use our Site for unlawful purposes;
i. Post or transmit any content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, inflammatory, or otherwise objectionable; or
j. Post or transmit any unsolicited promotions, political campaigning, advertising, or solicitations.
5. Ownership; Limited License
The Site, including its text, graphics, images, photographs, videos, illustrations, and other content, are owned by Giuliani Defense or its licensors and are protected under both United States and foreign intellectual property laws. Giuliani Defense grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Site for your own personal, non-commercial use. Any use of the Site other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein.
6. Trademarks
"Giuliani Defense," and our logos and other trademarks are trademarks of Giuliani Defense and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, and company names mentioned on our Site are the property of their respective owners.
7. Feedback
We welcome feedback, comments, and suggestions for improvements to our Site ("Feedback"). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
8. Third-Party Content and Links
Our Site may contain links to third-party websites or resources and third-party content, including advertisements ("Third-Party Content"). We do not endorse, and take no responsibility for, such Third-Party Content. You acknowledge that we are not responsible or liable for the availability or accuracy of such Third-Party Content, and that we do not review or update such Third-Party Content. Your use of Third-Party Content is at your own risk.
9. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Giuliani Defense, its affiliates, and each of their respective officers, directors, agents, partners, and employees (individually and collectively, the "Giuliani Defense Parties") from and against any loss, liability, claim, demand, damages, expenses, or costs arising out of or related to (a) your access to or use of our Site; (b) your User Content; (c) your violation of these Terms; or (d) your violation, misappropriation, or infringement of any rights of another. You agree to promptly notify Giuliani Defense of any third-party Claims, cooperate with the Giuliani Defense Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims. You agree that the Giuliani Defense Parties will have control of the defense or settlement of any third-party Claims.
10. Disclaimers
Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied. Giuliani Defense does not represent or warrant that our Site will be uninterrupted or error-free. We assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of our Site; (c) any unauthorized access to or use of our servers or any personal information or user data; (d) any interruption or cessation of transmission to or from our Site; (e) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (f) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our Site.
11. Limitation of Liability
To the fullest extent permitted by applicable law, the Giuliani Defense Parties will not be liable to you under any theory of liability for any indirect, incidental, special, consequential, or exemplary damages. Without limiting the foregoing, Giuliani Defense's total liability shall be limited to the amount you have paid Giuliani Defense in the six (6) months prior to the event giving rise to such liability.
12. Dispute Resolution; Binding Arbitration
Please read this section carefully. It requires you to arbitrate disputes with Giuliani Defense and limits the manner in which you can seek relief.
a. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, to any products sold or distributed through the Site, or to any aspect of your relationship with Giuliani Defense will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Giuliani Defense may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to info@giulianidefense.com. The arbitration will be conducted in Washington, D.C. under the JAMS rules. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules.
c. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement including any claim that all or any part of this arbitration agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Giuliani Defense. 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 arbitral forum's rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. 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 us.
d. Waiver of Jury Trial. You and Giuliani Defense waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Giuliani Defense are instead electing that all claims and disputes be resolved by arbitration. In any litigation between you and Giuliani Defense over whether to vacate or enforce an arbitration award, you and Giuliani Defense waive all rights to a jury trial, and elect instead to have the dispute resolved by a judge.
f. Severability. If any part of this arbitration agreement is found to be invalid or unenforceable, the remaining parts will remain in full force and effect.
13. Governing Law
These Terms and your use of the Site are governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflict of law principles.
14. Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to use the Site, at any time and for any reason, including any breach of these Terms. You may terminate your use of the Site at any time.
15. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
16. Miscellaneous
These Terms constitute the entire agreement between you and Giuliani Defense regarding your 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. You may not assign these Terms without our prior written approval. We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. Any unauthorized use of the Site is strictly prohibited.
Last Updated: 3/25/2024
This Privacy Policy explains how information about you is collected, used, and disclosed by Optimistiq, LLC, a South Carolina limited liability company (“Optimistiq,” “we,” “us,” or “our”). This Privacy Policy applies to information we collect when you use our websites, mobile applications, SMS messaging services (the “SMS Platform”), and other online services that link to this Privacy Policy (collectively, the “Services”).
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website or sending you a notification). We encourage you to review this Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy.
Collection of Information
We collect information you provide directly to us. For example, we collect information when you create an account, participate in interactive features, fill out a form, make a donation, request customer support, or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, payment information, and any other information you choose to provide.
When you make a donation or sign up to receive SMS messages from campaigns or organizations through our Services, we may collect certain information from you, such as your name, address, occupation, and employer, as required by the Federal Election Commission (FEC). This information may be reported to the FEC as required by law.
When you access or use our Services, we may automatically collect information about you, including:
We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect voter file data from state parties and other publicly available sources.
Use of Information
We may use information about you for various purposes, including to:
Optimistiq is based in the United States, and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
Sharing of Information
We may share information about you as follows or as otherwise described in this Privacy Policy:
Phone numbers collected through our SMS messaging Platform will not be shared with or sold to third parties for their marketing purposes. However, we may share your phone number with the organizations or campaigns you’ve agreed to receive messages from, subject to applicable laws and regulations.
Analytics and Advertising Services
We may allow others to provide analytics services and serve advertisements on our behalf across the Internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by Optimistiq and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity.
Data Security
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Your Choices
Account Information
You may update or correct information about yourself by editing your account settings within the Services. If you wish to delete or deactivate your online account, please contact us, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
Promotional Communications
You may opt out of receiving promotional emails or text messages from Optimistiq by following the instructions in those emails or text messages. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Mobile Push Notifications/Alerts
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Contact Us
If you have any questions about this Privacy Policy, please contact us
By using the Services, you agree to the terms and conditions contained in this Privacy Policy and/or any other agreement that we might have with you. If you do not agree to any of these terms and conditions, you should not use the Services.
Last Updated: 3/25/2024
This Privacy Policy explains how information about you is collected, used, and disclosed by Optimistiq, LLC, a South Carolina limited liability company (“Optimistiq,” “we,” “us,” or “our”). This Privacy Policy applies to information we collect when you use our websites, mobile applications, SMS messaging services (the “SMS Platform”), and other online services that link to this Privacy Policy (collectively, the “Services”).
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website or sending you a notification). We encourage you to review this Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy.
Collection of Information
We collect information you provide directly to us. For example, we collect information when you create an account, participate in interactive features, fill out a form, make a donation, request customer support, or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, payment information, and any other information you choose to provide.
When you make a donation or sign up to receive SMS messages from campaigns or organizations through our Services, we may collect certain information from you, such as your name, address, occupation, and employer, as required by the Federal Election Commission (FEC). This information may be reported to the FEC as required by law.
When you access or use our Services, we may automatically collect information about you, including:
We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect voter file data from state parties and other publicly available sources.
Use of Information
We may use information about you for various purposes, including to:
Optimistiq is based in the United States, and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
Sharing of Information
We may share information about you as follows or as otherwise described in this Privacy Policy:
Phone numbers collected through our SMS messaging Platform will not be shared with or sold to third parties for their marketing purposes. However, we may share your phone number with the organizations or campaigns you’ve agreed to receive messages from, subject to applicable laws and regulations.
Analytics and Advertising Services
We may allow others to provide analytics services and serve advertisements on our behalf across the Internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by Optimistiq and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity.
Data Security
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Your Choices
Account Information
You may update or correct information about yourself by editing your account settings within the Services. If you wish to delete or deactivate your online account, please contact us, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
Promotional Communications
You may opt out of receiving promotional emails or text messages from Optimistiq by following the instructions in those emails or text messages. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Mobile Push Notifications/Alerts
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Contact Us
If you have any questions about this Privacy Policy, please contact us
By using the Services, you agree to the terms and conditions contained in this Privacy Policy and/or any other agreement that we might have with you. If you do not agree to any of these terms and conditions, you should not use the Services.
Last Updated: 3/25/2024
This Privacy Policy explains how information about you is collected, used, and disclosed by Optimistiq, LLC, a South Carolina limited liability company (“Optimistiq,” “we,” “us,” or “our”). This Privacy Policy applies to information we collect when you use our websites, mobile applications, SMS messaging services (the “SMS Platform”), and other online services that link to this Privacy Policy (collectively, the “Services”).
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website or sending you a notification). We encourage you to review this Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy.
Collection of Information
We collect information you provide directly to us. For example, we collect information when you create an account, participate in interactive features, fill out a form, make a donation, request customer support, or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, payment information, and any other information you choose to provide.
When you make a donation or sign up to receive SMS messages from campaigns or organizations through our Services, we may collect certain information from you, such as your name, address, occupation, and employer, as required by the Federal Election Commission (FEC). This information may be reported to the FEC as required by law.
When you access or use our Services, we may automatically collect information about you, including:
We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect voter file data from state parties and other publicly available sources.
Use of Information
We may use information about you for various purposes, including to:
Optimistiq is based in the United States, and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
Sharing of Information
We may share information about you as follows or as otherwise described in this Privacy Policy:
Phone numbers collected through our SMS messaging Platform will not be shared with or sold to third parties for their marketing purposes. However, we may share your phone number with the organizations or campaigns you’ve agreed to receive messages from, subject to applicable laws and regulations.
Analytics and Advertising Services
We may allow others to provide analytics services and serve advertisements on our behalf across the Internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by Optimistiq and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity.
Data Security
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Your Choices
Account Information
You may update or correct information about yourself by editing your account settings within the Services. If you wish to delete or deactivate your online account, please contact us, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
Promotional Communications
You may opt out of receiving promotional emails or text messages from Optimistiq by following the instructions in those emails or text messages. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Mobile Push Notifications/Alerts
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Contact Us
If you have any questions about this Privacy Policy, please contact us
By using the Services, you agree to the terms and conditions contained in this Privacy Policy and/or any other agreement that we might have with you. If you do not agree to any of these terms and conditions, you should not use the Services.