Team Toomey User Agreement

Mobilization Labs, LLC, ("Mobilization Labs") is a people-focused technology company that provides a technology solution known as the Wildfire Social Mobilization Platform ("Wildfire Platform"). Wildfire Platform is sold directly to passion-driven organizations ("Clients"). Wildfire Platform is used by Clients to recruit and mobilize large teams of volunteers and donors (collectively "Supporters") around their causes, candidates, or products. Central to Wildfire Platform is the Wildfire Action Network ("Action Network"), an online social network that is custom-branded for a given Client and integrated with Client's existing website. Supporters use Action Network to update their personal profiles and to find and communicate with other Supporters. In addition to the Wildfire Action Network, core features offered by Mobilization Labs through Wildfire Platform include Wildfire Headquarters, Personal Impact Engine, Peer Updating Technology, among others. Wildfire Platform and all other Mobilization Labs' services are hosted from its facilities in Atlanta, Georgia.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of Wildfire Platform. By using Wildfire Platform, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse a Client's Action Network) or you are a "Member" (which means that you have registered with a Client's Action Network). The term "User" refers to a Visitor or a Member. You are only authorized to use Wildfire Platform (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should discontinue use of Wildfire Platform immediately. If you wish to become a Member, communicate with other Members and make use of Wildfire Platform, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Mobilization Labs' policy for acceptable use of Wildfire Platform and content posted on Client's Action Networks, your rights, obligations and restrictions regarding your use of Wildfire Platform and Mobilization Labs' Privacy Policy. Unless otherwise provided by the additional terms and conditions applicable to Wildfire Platform in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Mobilization Labs may modify this Agreement from time to time and such modification shall be effective upon posting by Mobilization Labs on Client's Action Networks. This Agreement will remain standard across all Action Networks hosted by Mobilization Labs for Clients. You agree to be bound to any changes to this Agreement when you use Wildfire Platform after any such modification is posted on a given Client Action Network. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Action Networks and that you provide to other Users. Your Action Network profile may not include photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Mobilization Labs assumes no responsibility or liability for this material. If you become aware of misuse of Wildfire Platform by any person, please contact Mobilization Labs.

Mobilization Labs reserves the right to act in accordance with, or separate from, its Clients in making any and all decisions concerning Wildfire Platform. Mobilization Labs reserves the right to delegate or retract any of the rights contained in this Agreement to any of its Clients in regulating Action Networks on Wildfire Platform. It should be recognized that a given Client will be granted autonomy, at Mobilization Labs' discretion, in regulating its Action Network, the content, Members, and Visitors allowed therein. At any time, however, Mobilization Labs may override the actions of its Clients as it relates to Wildfire Platform. Client actions in regulating a given Action Network may not reflect the views of Mobilization Labs but may be allowed if, at Mobilization Labs discretion, said actions do not compromise Wildfire Platform. It should be recognized that Clients will abide by Mobilization Labs' Privacy Policy, and in general, will adhere to the same standards as Mobilization Labs in regulating Action Networks and in protecting the overall integrity of Wildfire Platform.

Mobilization Labs reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Wildfire Platform at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility

By using Wildfire Platform, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of Wildfire Platform does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.

Term

This Agreement shall remain in full force and effect while you use Wildfire Platform or are a Member. You may terminate your Membership at any time, for any reason. Mobilization Labs and its Clients may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

Fees

You acknowledge that Mobilization Labs and its Clients reserves the right to charge for the Wildfire Platform and to change its fees from time to time in its discretion.

Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Mobilization Labs immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-commercial Use by Members

The Wildfire Platform for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Mobilization Labs. Illegal and/or unauthorized use of Wildfire Platform, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Mobilization Labs' website or its Clients' websites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of Wildfire Platform.

Proprietary Rights in Content on Wildfire Platform.

  • Mobilization Labs does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship, or any other materials (collectively, "Content") that you post to Wildfire Platform. After posting your Content to Wildfire Platform, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through Wildfire Platform, you hereby grant to Mobilization Labs a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through Wildfire Platform. Without this license, Mobilization Labs would be unable to provide the Wildfire Platform. The license you grant to Mobilization Labs is non-exclusive (meaning you are free to license your Content to anyone else in addition to Mobilization Labs), fully-paid and royalty-free (meaning that Mobilization Labs is not required to pay you for the use on Wildfire Platform of the Content that you post. This license will terminate at the time you remove your Content from Wildfire Platform. The license does not grant Mobilization Labs the right to sell your Content, nor does the license grant Mobilization Labs the right to distribute your Content outside of Wildfire Platform.
  • You represent and warrant that: (i) you own the Content posted by you on or through Wildfire Platform or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through Wildfire Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through Wildfire Platform.
  • Wildfire Platform Content is protected by copyright, trademark, patent, trade secret and other laws, and Mobilization Labs owns and retains all rights in Wildfire Platform Content.
  • Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through Wildfire Platform.

Content Posted

  • Mobilization Labs may delete any Content that in the sole judgment of Mobilization Labs violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Mobilization Labs assumes no responsibility for monitoring Wildfire Platform for inappropriate Content or conduct. If at any time Mobilization Labs chooses, in its sole discretion, to monitor Wildfire Platform, Mobilization Labs nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
  • You are solely responsible for the Content that you post on or through Wildfire Platform, and any material or information that you transmit to other Members and for your interactions with other Users. Mobilization Labs does not endorse and has no control over the Content. Content is not necessarily reviewed by Mobilization Labs prior to posting and does not necessarily reflect the opinions or policies of Mobilization Labs. Mobilization Labs makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Content/Activity Prohibited

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through Wildfire Platform. Mobilization Labs reserves the right to investigate and take appropriate legal action against anyone who, in Mobilization Labs' sole discretion, violates this provision, including without limitation, removing the offending communication from the Wildfire Platform and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Mobilization Labs:
  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • involves commercial activities and/or sales without our prior written consent;
  • includes a photograph of another person that you have posted without that person's consent; or
  • for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
    • The following is a partial list of the kind of activity that is illegal or prohibited on Wildfire Platform and through your use of Wildfire Platform. Mobilization Labs reserves the right to investigate and take appropriate legal action against anyone who, in Mobilization Labs' sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any Member to buy or sell any products or services through Wildfire Platform without prior consent. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from Wildfire Platform in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Mobilization Labs reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Mobilization Labs deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Mobilization Labs, you acknowledge that you will have caused substantial harm to Mobilization Labs;
  • any automated use of the system, such as using scripts to add friends or send comments or messages;
  • interfering with, disrupting, or creating an undue burden on Wildfire Platform;
  • attempting to impersonate another Member or person;
  • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your profile;
  • using any information obtained from Wildfire Platform in order to harass, abuse, or harm another person;
  • displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through Wildfire Platform on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
  • using Wildfire Platform in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Mobilization Labs to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Mobilization Labs by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Wildfire Platform in a way that constitutes copyright infringement, please provide Mobilization Labs with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on Wildfire Platform; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For notice of claims of copyright infringement contact: Mobilization Labs, LLC, 3384 Peachtree Rd. NE, Ste. 605, Atlanta, GA 30326.

Competitions and Prizes

From time to time, a Client may host a competition on its Action Network using the Personal Impact Engine or other data tracked by the Wildfire Platform as a basis for selecting winning Users. All Users that participate in these competitions, either intentionally or unintentionally, either individually or through a group or team created in Wildfire Platform, agree to the following:
  • Decisions of Client and Mobilization Labs are final and binding with respect to all aspects of competition;
  • Client and Mobilization Labs shall be held blameless for any actions regarding any aspect of any competition, including but not limited to (a) failure to properly communicate competition timeframes, (b) failure to accurately recognize competition leaders at any point and for any reason during the competition, (c) failure to properly communicate prizes to be received, (d) altering timeframes of competition, with or without announcement, at any juncture of competition, (e) altering prizes to be awarded, with or without announcement, at any juncture of competition, (f) failure of technology, for any reason, to treat Users in a fair and equitable fashion;
  • No recourse shall be sought of Client or Mobilization Labs for actions taken at any point during any competition conducted through Wildfire Platform, no matter how warranted or unwarranted;
  • No purchase is necessary for any competition conducted by any Client on Wildfire Network. In no way should any competition conducted on Wildfire Network be viewed as a Sweepstakes or Contest warranting official rules, regulations, postings, etc.;
  • The announcement and awarding of prizes for any competition is solely at Client's discretion. Mobilization Labs is not responsible for (a) identifying or announcing prizes for a given competition, (b) determining how, when, or to whom prizes should be awarded, or (c) distributing prizes related to any competition;
  • Client reserves the right, in its sole discretion, to disqualify any User with or without cause from any competition, including Users deemed to be in violation of the spirit of the competition (as judged by Client) or acting in an unsportsmanlike or disruptive manner. Failure by Client to disqualify aforementioned User, either immediately or at any point during the competition, shall not constitute a waiver of this right. Client shall not be required to produce evidence behind or an accounting of its disqualification of a given User;
  • Client or Mobilization Labs reserves the right to alter the Personal Impact Engine scoring for any User at any time and for any reason, with or without cause. Neither Client nor Mobilization Labs shall be required to give an accounting for a manual change to any User's Personal Impact Engine scoring, how it may affect User's position on any leaderboards within Wildfire Platform, or how it may affect User's receipt of any prizes offered during a competition conducted by Client;
  • The Wildfire Platform shall not be held liable for its role in any aspect of a competition, including, but not limited to fraud, virus, or other technical problem;
  • In the event that the operation, security, or administration of the competition is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Client may in its sole discretion, opt to (a) suspend the competition to address the impairment and then resume the competition in a manner that best conforms to the spirit of the competition, or (b) award the prizes at random from among the eligible entries received up to the time of the impairment;
  • Users agree to release and hold harmless Mobilization Labs and its Clients, as well as the officers, directors, employees, and agents of both Mobilization Labs and its Clients (the "Released Parties") from and against any claim or cause of action arising out of participation in the competition and/or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent User from participation in some portion of the competition; (b) unauthorized human intervention in the competition; (c) lost, late, postage-due, misdirected, or undeliverable mail; (d) errors in the administration of the competition; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from User's participation in the competition or receipt of any prize.

Member Disputes

You are solely responsible for your interactions with other Wildfire Platform Members. Mobilization Labs reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy

Use of Wildfire Platform is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference and may be accessed via Wildfire Platform.

Disclaimers

Mobilization Labs is not responsible for any incorrect or inaccurate Content posted on Wildfire Platform or in connection with Wildfire Platform, whether caused by Users of Wildfire Platform or by any of the equipment or programming associated with or utilized in Wildfire Platform. Profiles created and posted by Members on Wildfire Platform may contain links to other websites. Mobilization Labs is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Mobilization Labs. Inclusion of any linked website on Wildfire Platform does not imply approval or endorsement of the linked website by Mobilization Labs. When you access these third-party sites, you do so at your own risk. Mobilization Labs takes no responsibility for third party advertisements which are posted on Wildfire Platform, nor does it take any responsibility for the goods or services provided by its advertisers. Mobilization Labs is not responsible for the conduct, whether online or offline, of any User of Wildfire Platform. Mobilization Labs assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Mobilization Labs is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on Wildfire Platform or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with Wildfire Platform. Under no circumstances shall Mobilization Labs be responsible for any loss or damage, including personal injury or death, resulting from use of Wildfire Platform, attendance at a Client event promoted on Wildfire Platform, from any Content posted on or through Wildfire Platform, or from the conduct of any Users of Wildfire Platform, whether online or offline. Wildfire Platform is provided "AS-IS" and as available and Mobilization Labs expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Mobilization Labs cannot guarantee and does not promise any specific results from use of the Wildfire Platform.

Limitation on Liability

IN NO EVENT SHALL MOBILIZATION LABS, LLC, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF WILDFIRE PLATFORM, EVEN IF MOBILIZATION LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOBILIZATION LABS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MOBILIZATION LABS FOR THE WILDFIRE PLATFORM DURING THE TERM OF MEMBERSHIP.

Disputes

If there is any dispute about or involving Wildfire Platform, you agree that the dispute shall be governed by the laws of the State of Georgia, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Georgia, City of Atlanta. Either Mobilization Labs or you may demand that any dispute between Mobilization Labs and you about or involving Wildfire Platform must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Atlanta, Georgia, USA, provided that the foregoing shall not prevent Mobilization Labs from seeking injunctive relief in a court of competent jurisdiction.

Indemnity

You agree to indemnify and hold Mobilization Labs, its subsidiaries, affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Wildfire Platform in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on Wildfire Platform causes Mobilization Labs to be liable to another.

Other

This Agreement is accepted upon your use of Wildfire Platform and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Mobilization Labs regarding the use of the Wildfire Platform. The failure of Mobilization Labs to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.



Please contact us at: feedback@mobilizationlabs.com with any questions regarding this Agreement.

BY USING THE WILDFIRE PLATFORM, YOU AFFIRM THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.