Terms of Service
By using our website, you are agreeing to be bound by the following Terms of Service. If you do not agree to these terms, you should not use this website. “PoliScio”, “PoliScio Analytics,” “https://www.poliscio.com/”, “we”, “our”, “us”, “Service”, and “website” all refer to PoliScio Analytics LLC. The terms “you” and “your” refer to the user of our website.
I. Web Site Use.
A. Description. PoliScio is an online Freedom of Information Act (FOIA) research system.
B. No Professional Advice. The information contained on PoliScio is not professional advice and is not guaranteed to be correct, complete, or up to date. Any opinions and advice found on PoliScio are those of the author and not necessarily those of PoliScio. Any information supplied by any employee or agent of PoliScio, whether by telephone, e-mail, letter, or other form of communication, is intended solely as general guidance on the use of the Service and does not constitute professional or legal advice.
D. Usernames and Passwords. Your username and password is your identity for purposes of interacting with PoliScio and other users through the website. Each username and password is intended for a single user only. You shall keep your username and password confidential and may not share your username or password or otherwise give access to anyone else. You shall immediately notify PoliScio in writing if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Service. In the event of such loss, theft, or unauthorized use, PoliScio may impose on you, at PoliScio’s sole discretion, additional security obligations.
E. IP Authenticated User. Your access and use of our website is governed by your contract with PoliScio, which is incorporated herein.
F. Security Breaches. If any unauthorized person obtains access to the Service because of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly notify PoliScio at firstname.lastname@example.org. You shall cooperate and assist in any investigation relating to any such unauthorized access.
G. Prohibited Uses.
1.You are required to comply with all applicable laws in connection with your use of the Service, and such further limitations as may be set forth herein and in any written or on-screen notice from PoliScio. Without limiting the foregoing, you agree not to:
a. use any device, software, or routine to interfere or attempt to interfere, or which has the effect of interfering with the proper working of the PoliScio Service or website;
b. reproduce, redistribute or retransmit any information in the Service without the written permission of PoliScio;
c. use or permit anyone to use the information provided through this service for any unlawful or unauthorized purpose, or in any other manner not permitted in the Terms of Service;
d. decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, create derivative works from PoliScio, which includes the information and software made available therein;
e. copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes PoliScio, except to the extent required for you to use PoliScio in the manner expressly intended by PoliScio; and/or
f. use any incomplete, false, or inaccurate biographical information or other information for purposes of registering as a user or registering for any promotions offered through the website.
2. You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
a. accessing data not intended for you or logging into a server or account that you are not authorized to access;
b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the website;
d. sending unsolicited e-mail, including promotions and/or advertising of products or services; or
e. forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. PoliScio will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
H. Links to PoliScio. You may provide links to PoliScio from locations outside PoliScio provided (a) you link only to the home page https://www.poliscio.com, (b) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in PoliScio, (c) you give provider notice of such link by sending an email message to email@example.com, and (d) you discontinue providing links to PoliScio if notified by PoliScio.
I. Links to Third-Party Services. This Service may contain links to other Services (“Linked Services”). The Linked Services are not under the control of PoliScio and PoliScio is not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. PoliScio is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by PoliScio in favor of any company offering Internet products or services on the Linked Services
II. Accounts and Billing.
A. Account Types.
1. Retail Subscription Users. You are billed starting on the day you first create your account. Pricing options are in accordance with the terms provided to you.
2. Enterprise Subscription Users. The terms of your contract with PoliScio govern your account and billing and are incorporated herein.
3. Trial Users. Trials are free and intended for evaluation purposes of PoliScio products only. We may discontinue your trial at any time. As a trial user, you agree to comply with these Terms of Service.
4. Beta Testers. We may ask certain trial users to become beta testers entitled to free use of our content in exchange for ongoing feedback and advice. Beta testers are subject to all terms of this Agreement, including provisions in Article III.C. relating to protection of confidential information, proprietary rights, and restrictions on use or disclosure of information gained during the beta test. We may discontinue beta tester trials at any time.
B. Auto-renewal. You may auto-renew your subscription. To opt-out of auto-renewal email us at support@PoliScio.com.
C. Payment Failures. If a credit card, check, or any other form of payment is rejected or declined, we reserve the right to immediately disable your access to PoliScio products.
D. Cancellation. Subscription users may cancel at any time by providing written notice to support@PoliScio.com. No refunds will be given. Cancellation is effective on the beginning date of the next billing period.
III. Ownership; Copyright; Confidentiality; Proprietary Rights.
A. Copyright. You acknowledge that this Service contains information, graphics, and other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. PoliScio owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of PoliScio.
B. Trade and Service Marks. All rights in the product names, company names, trade names, logos, product packaging and designs of all PoliScio or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to PoliScio or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of PoliScio or any third party.
C. Confidential and Proprietary Information Provisions Applicable to Trial Users and Beta Testers.
1. Agreement Not to Use or Disclose. As a Trial User or Beta Tester, you will not use for yourself or any third party, or disclose to any third party, any confidential or proprietary information or material relating to the business of PoliScio, its officers, directors, or any of its affiliates, or disclose the same to anyone outside of PoliScio, either during your trial subscription or beta test subscription or anytime thereafter, without the prior written consent of PoliScio. All confidential information shall remain at all times the sole and exclusive property of PoliScio. By making confidential information or other information available to you, PoliScio shall not be deemed to be granting (expressly or by implication) any license or other right under or with respect to any patent, trade secret, copyright, trademark, or other proprietary or intellectual property right.
2. Definition of Confidential and Proprietary Information. For purposes of this agreement, confidential and/or proprietary information means any and all information and/or knowledge, including without limitation, technical, commercial, and/or financial, whether written, oral or in other form, whether or not marked ‘Confidential’, which is related to the business, products, and/or technology of PoliScio or any of its affiliates, furnished by or on behalf of PoliScio’s directors, officers, shareholders, employees, affiliates, advisors, consultants, representatives or agents. Confidential information includes, but is not limited to: (a) technology, software, code, algorithms, patents, trademarks, copyrights, know-how, design rights, and other forms of protection of industrial or intellectual property, whether registered, non-registered or in the process of development; (b) actual or planned business, development, production, marketing and sale methods, plans and strategies, trade secrets, professional secrets, actual or planned transactions and/or negotiations, prices and pricing methods, training methods, salaries and employment conditions, suppliers, customers, distributors, agents, sources, costs, quality control methods, leases, contracts and relationships, legal and other claims or suits, records, accounting, and financial data; and (c) any other private, confidential and proprietary information relating to any PoliScio line of business or any related entity. Confidential and proprietary information shall also include all copies, summaries, notes, memoranda, analyses, compilations, studies and other documents and records prepared by or for you, to the extent they contain, reflect or are generated by any confidential information.
3. Proprietary Rights, Waiver of Rights, and PoliScio Right to Modify. You hereby waive all moral and similar rights to any ideas, recommendations, and/or advice that you may offer to PoliScio, and you agree that PoliScio and its affiliates shall have the unlimited and absolute right to change, alter, revise, add to, or subtract from its works and material, together with the right to combine same and any element thereof with materials furnished or created by others, to the extent and in a manner PoliScio or any of its affiliates may determine in their sole and absolute discretion.
4. Present or Future Business of PoliScio. All ideas, recommendations, and/or advice conceived of or made by you during your dealings with PoliScio that relate to the present or future business of PoliScio, whether patentable or unpatentable, shall become the exclusive property of PoliScio and are hereby assigned to PoliScio, without any additional remuneration; provided that you will not be obligated to assign to PoliScio any ideas, inventions or proprietary concept that (a) do not relate to any business or activities PoliScio or its affiliates are or may become engaged, or (b) are conceived by you after your subscription has ended.
C. Notice of Copyright Infringement. If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please provide PoliScio’s Copyright Agent with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Service that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that PoliScio may contact you if necessary;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
PoliScio’s Copyright Agent for notice of claims of copyright infringement on the Service is Randy E. Miller, who may be reached as follows:
Randy E. Miller
PoliScio Analytics LLC
2001 L Street NW, Suite 500
Washington, DC 20036
PoliScio will remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
IV. Representations, Covenants and Warranties.
A. Representations. PoliScio shall not be responsible for any use that is inconsistent with the purpose of the Service. Without limiting the foregoing, PoliScio makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, relevancy, or reliability of any information or other material that is communicated through, or posted to, the Service. You acknowledge that any reliance on information or other material communicated through, or posted to, the Service will be at your own risk.
B. DISCLAIMER OF WARRANTY. YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, POLISCIO DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICE, OR ANY PARTY THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (v) WARRANTIES OTHERWISE RELATED TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY POLISCIO OR ANY THIRD PARTY.
C. LIMITATION OF LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT POLISCIO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER POLISCIO NOR ANY OF ITS PARTNERS, AGENTS, EXECUTIVES, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF USE OF THIS SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THIS SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON POLISCIO
V. Additional Terms. Other provisions that govern your use of PoliScio are set forth in online notices appearing in connection with certain information, products, software, services, or features of PoliScio (collectively the “Additional Terms”), all of which are incorporated by reference herein. Your use of any information, products, software, services, or features of PoliScio that are subject to Additional Terms constitutes your acceptance of the respective Additional Terms
VI. Indemnification. Upon a request by PoliScio, you agree to defend, indemnify, and hold harmless each of PoliScio, its partners, agents, executives, directors, employees and affiliates from any claims and expenses, including reasonable attorney’s fees and court costs, arising out of or related to any violation by you, or any partner, agent, employee or affiliate of you, of the Terms of Service or your use of the Service.
VI. Fair Credit Reporting Act. PoliScio is not a consumer reporting agency. Therefore, under the rules of The Fair Credit Reporting Act (15 U.S.C. § 1681), you may not use information from this website to determine an individual’s eligibility for (A) credit or insurance to be used primarily for personal, family, or household purposes or (B) employment purposes.
VIII. Service Restrictions, Alterations and Terminations. PoliScio shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Service. PoliScio reserves the right, but shall not be required, to correct any delays, interruptions, errors, or omissions. PoliScio may discontinue or alter any aspect of this Service, including, but not limited to: (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain users, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user’s right to use this service, at PoliScio’s sole discretion and without prior notice or liability. If this Service is being used for spam, harassment, abuse, or any other purpose other than the intended purpose, we reserve the right to terminate your account without refund and seek all available civil and criminal remedies.
X. Choice of Law. This Agreement shall be construed and controlled by the laws of the State of Delaware. By using this Service, you agree that any dispute arising from or related to the terms of this agreement will be governed by the laws of the State of Delaware, without regard to its choice of law provisions. By using this service, you agree to personal jurisdiction by the state and federal courts sitting in the State of Delaware.
XI. Arbitration. PoliScio at its sole discretion may submit any controversy or claim arising out of or relating to these Terms of Service to binding arbitration conducted before one arbitrator who is knowledgeable in computer and cyberspace law. The site of any such arbitration will be in the State of Delaware. The arbitration will be conducted in accordance with the then applicable Commercial Arbitration Rules of the American Arbitration Association. The award rendered by the arbitrator will be binding and conclusive on the parties and judgment upon such award may be entered in any court having jurisdiction thereof. Each party will bear its own costs and expenses, including fees and expenses of counsel, associated with the arbitration. The arbitrator will not be empowered to award punitive damages to either party. California users may also contact the Consumer Information Center of the Department of Consumer Affairs, Consumer Information Division, at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834 or 1-800-952-5210 or (916) 445-1254.
XII. Modification. We reserve the right to modify this Agreement at any time. Any modifications will be effective when posted through this Service, on our website or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of this Service indicates your agreement to the modifications.
XIII. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
XIV. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between PoliScio representatives and you.
XV. Terms of Service Rider.
Licensed Content on PoliScio. Licensed content owned by third parties may be available for sale within PoliScio’s FOIA research product. Licensor and its licensors, licensees, and affiliates shall have no liability to users or subscribers (“Designated End Users”) related to this content on PoliScio (the “Licensed Content”). All Licensed Content from Licensors is the copyrighted materials of Licensor or its licensors, all rights reserved.
Designated End Users shall only be permitted to use the Licensed Content for internal purposes only and not for resale or distribution. Designated End Users may download and store insubstantial portions of select data so long as such downloading is consistent with the foregoing use restriction and so long as Designated End Users comply with all applicable conventions regarding copyright and source of material attribution.
The Licensed Content is provided on an “as is” basis and without any warranties of any kind, express or implied. LICENSOR AND ITS LICENSORS AND AFFILIATES AND POLISCIO DISCLAIM ALL WARRANTIES WITH RESPECT TO THE LICENSED CONTENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT AND INFORMATION COMPLETENESS, CURRENCY, OR ACCURACY.
Designated End Users assume all responsibilities and obligations with respect to the selection of the Licensed Content to achieve the Designated End User’s intended results. Designated End Users assume all responsibilities and obligations with respect to any decision or advice made or given because of the use or application of the Licensed Content. Licensor and its licensors and affiliates are not engaged in rendering legal, accounting, tax or other professional advice or services. If legal, accounting, tax or other expert assistance is required, the services of a competent professional should be sought.
XVI. Customer Support.
Providing great customer service is one of our Company’s top priorities. We strive to answer all inquiries and customer complaints for the products we provide in a professional, timely and efficient manner. Customers may contact a member of the team during our business hours as noted on the Support page (https://www.poliscio.com/support/) via phone, email, contact form, or live chat within our website and applications. To further provide customers with self-support, PoliScio’s Support team may curate videos and documentation made available on the Support page (https://www.poliscio.com/support/).
XVII. Disrespectful Language.
Our staff provides respect and expects respect in return. All staff members have the right not to be subjected to any behavior that includes threats of physical harm or violence; ill will; inappropriate religious, cultural, or racial insults; homophobic, sexist or other derogatory remarks; or any cursing or swearing. Once our staff experience any of these disrespectful behaviors and/or actions, they have the right to conclude any support and escalate the situation to a senior staff member. Customers who continue to use disrespectful language will be blocked from communicating with the PoliScio team via phone and live chat and will be limited to contacting the team for support via email only. Further action may be taken to limit the customer’s contact with the PoliScio team which might include, but not limited to, blocking the customer entirely from PoliScio applications and team. Such steps will be communicated to the customer in writing.