Terms of Service
By checking the box “I have read and agree to the terms of service.” you are agreeing to become part of the Honest Government community, and to accept, and abide by, these Terms of Service.
Honest Government may choose to terminate the agreement if these Terms of Service are violated. This agreement will be terminated if you delete your Honest Government profile. Please also sign out of any activities you have committed to prior to deleting your profile, to make sure the organizer of that activity is not counting on you.
By using Honest Government, you warrant that you will not use Honest Government, or any of the content obtained from Honest Government, for any purpose that is unlawful, intentionally or unintentionally, in accordance with any applicable local, state, national or international law or prohibited by this agreement. Should content be found or reported to be in violation with, but not limited to, the following terms, it will be in Honest Government’s sole discretion as to what action should be taken. Prohibited unlawful actions include, but are not limited to:
1. uploading, posting, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including, but not limited to, any address, email, phone number, or any other contact information without the written consent of the owner of such information), or hateful (including content that is racially or ethnically hateful) or otherwise objectionable;
2. harming minors in any way;
3. impersonating any person or entity, including, but not limited to, an Honest Government official, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
4. forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through Honest Government;
5. uploading, posting or otherwise transmitting any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. uploading, posting or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any third party.
Do not spam. You cannot use your account for commercial purposes or mass promotion of a product, service or idea.
Be open and honest. Honest Government is transparent and accountable and we expect Honest Government members to be transparent and accountable as well. If you are paid by a company, organization or government for your participation in the Honest Government community – online or in activities – or if you may otherwise have a conflict of interest, you must clearly state that conflict of interest in your profile and in any discussions in which you engage.
Do not spread computer viruses, malicious software or malicious programs in order to damage or compromise the security of people’s computers or the Honest Government website.
Honest Government reserves the right to unilaterally cancel this agreement with members, and to permanently deny Honest Government Community membership to repeat offenders of the code of conduct. Honest Government further reserves the right to including, but not limited to, erase, close for further comment, or intervene with content posted by members online in the Honest Government community if such content is considered inappropriate, for example where the code of conduct above has been violated, in whole or in part.
Honest Government reserves the right to terminate this agreement with Honest Government members who do not follow the code of conduct, and reserves the express right to suspend or remove their profile from the website without prior warning.
Honest Government does not provide individual or collective liability insurance or accident insurance for Honest Government community members during their participation in activities or events organized by or through Honest Government. It is your own responsibility to provide for protection and/or insurance before participating in any activities organized by or through Honest Government.
In the event of ambiguities, complaints or conflicts between you and an Honest Government organizer or administrator that cannot be resolved through dialogue, you may request additional Honest Government staff to mediate in the conflict.
You retain your rights to any content you submit, post or display on or through Honest Government website. By submitting, posting or displaying content on or through Honest Government, you grant Honest Government a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed). You will receive no compensation for Honest Government’s use of your content. Honest Government is under no obligation to post or use any content that you provide and may remove any content at any time in Honest Government’s sole discretion.
If you believe that your work has been copied and is accessible on honestGovernment.org in a way that constitutes copyright infringement, you may notify us by providing us with the following information in writing:
1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
2. identification of the copyrighted work that you claim has been infringed;
3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit Honest Government to locate the material, including the full URL;
4. your name, address, telephone number, and email address.
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If Honest Government receives such a claim, Honest Government reserves the right to refuse or delete content, or to terminate a member’s account.
After receiving a claim of infringement, Honest Government will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Honest Government will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Upon receipt of a proper counter notification under the DMCA, Honest Government will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, Honest Government will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless Honest Government first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the member from engaging in infringing activity relating to the material on the Honest Government system or network.
You may provide us with a counter notification by providing us the following information in writing:
1. your physical or electronic signature;
2. identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, and your reasons for such belief;
4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Honest Government may be found and that you will accept service of process from the person who provided the initial notification of infringement.
All messages in the Honest Government community are written by individual members of the community and thus represent the opinion of the individual and not necessarily the opinion of Honest Government, Inc., other regional or national Honest Government members, groups, Government, or offices. Honest Government is not liable for acts or omissions of users, including the files, data and/or materials that they make available on this website.
Honest Government therefore provides no guarantees regarding the accuracy or quality of the contents of files, data and/or materials provided by its users. Honest Government accepts no liability for any damages resulting from use of content shared by community members on any Honest Government website or at any Honest Government activity, and is not responsible for the accuracy and completeness of such content. Honest Government accepts no liability arising from Honest Government community members choosing to act contrary to the law, or the willful infliction of harm. Honest Government has no control over the actual activities of Honest Government community members, and accepts no liability for the consequences of activities by Honest Government community members. Honest Government is not obliged to compensate damages resulting from any activities organized through Honest Government.
DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF HONEST GOVERNMENT IS AT MEMBER’S SOLE RISK. HONEST GOVERNMENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
HONEST GOVERNMENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, HONEST GOVERNMENT MAKES NO WARRANTY THAT (i) HONEST GOVERNMENT OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY MEMBER ACCESS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY MEMBER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. HONEST GOVERNMENT DOES NOT GUARANTEE SECURE ACCESS TO ANY HONEST GOVERNMENT WEBSITE. OPERATION OF HONEST GOVERNMENT WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY HONEST GOVERNMENT.
EXCLUDING ONLY DAMAGES ARISING OUT OF HONEST GOVERNMENT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, HONEST GOVERNMENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HONEST GOVERNMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MEMBER’S USE OR INABILITY TO USE HONEST GOVERNMENT THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON HONEST GOVERNMENT; OR ANY OTHER MATTER RELATING TO HONEST GOVERNMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN HONEST GOVERNMENT AND ANY MEMBER OR OTHER PERSON OR ENTITY, NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
HONEST GOVERNMENT MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH HONEST GOVERNMENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
AS NOTED ABOVE, HONEST GOVERNMENT DOES NOT AND CANNOT CONTROL THE ACTIONS OF HONEST GOVERNMENT MEMBERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES.
Each member shall indemnify, defend and hold harmless Honest Government, and its affiliates and their respective officers, employees and agents, and each of Honest Government’s website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that member’s acts or omissions, including claims arising out of that member’s use of the Honest Government website; his or her submission, posting or transmission of content or his or her violation of the agreement.
Honest Government, any Honest Government website, or a third party may provide links to other websites. Honest Government exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. Honest Government shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any member in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
Any user who identifies as a candidate for any office on the Honest Government website, or who is running for any office and makes any statements which can be construed as campaigning on the Honest Government website, agrees to be contractually bound by the Candidate Agreement as published on the Honest Government website. By agreeing to these Terms of Service, the candidate is also agreeing with the statement, “I have read and agree to the Candidate Agreement.”, and is agreeing to accept, and abide by, the Candidate Agreement.
All notices to you shall be in writing and shall be made either via email or conventional mail. Honest Government may broadcast notices or messages through the Honest Government website to inform you of changes to this agreement, the Honest Government website, or other matters of importance; such broadcasts shall constitute notice to members.
Modification of Services
Honest Government reserves the right, at Honest Government’s sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, any or all Honest Government websites or the Honest Government terms of service (or any part thereof). Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, Honest Government intends to provide members with up to fourteen days of advance notice). Your continued use of the Honest Government website following the posting of changes to the Honest Government website or Honest Government terms of service means that you accept those changes. Honest Government reserves the right that Honest Government shall not be liable to any member or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
These terms of service were last modified on February 28, 2018.