Mobile Messaging Terms & Conditions and Mobile Messaging Privacy Policy
Information We Collect and How We Use It:
The personal information We may collect, includes your name, phone number, email address
and certain marketing preferences. We may also collect data with respect to confirmation that a
message has been delivered to you, confirmation that you have read a message, and related
information. We may use the information for the following business purposes: (1) provide the
Program and related customer service; (2) deliver information about Our products, services and
promotions, (3) improve the Program and services, (4) prevent fraud and comply with law, and
(5) protect the security of Our systems. We may combine the personal information We obtain
through your participation in the Program with offline or other online personal information We
retain about you.
When We Share Your Information: WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR
OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR PERSONAL
INFORMATION COLLECTED OR RECEIVED THROUGH THE PROGRAM TO ANY
THIRD PARTY. However, We may share your personal information with the third-party text
messaging platform provider or other trusted service partners as may be necessary to send you
messages under the Program and these Terms. We reserve the right at all times to disclose any
information as necessary to satisfy any law, regulation or governmental request, to avoid
liability, or to protect Our rights or property.
Contact Us: To exercise any of your rights related to your personal information, please contact us
using one of the following methods:
• Visit us at https://www.votejan.com
• Send us an email at info@votejan.com; or
• Write to us at 127 Sea Gull Lane, Sarasota, FL 34236
California Residents. Beginning January 1, 2020, if You are a California resident, as defined in
Section 17014 of Title 18 of the California Code of Regulations, You have certain rights with
regard to your personal information. This section describes those rights and explains how to
exercise those rights.
Access to Information. You have the right to request that We disclose certain information to you
about Our collection and use of your personal information over the past 12 months. Upon
receipt of a verifiable request, we will provide you access to personal information We have collected
about you or disclose to you the categories of personal information We have collected, the
categories of sources from which We obtained that information, and how We have used or
shared that information.
Right to Request Deletion. You also have the right to request that We delete any of your personal
information that We collected from you and retained, subject to certain exceptions as allowable
by law. You understand that We may deny your deletion request as provided by law, including,
but not limited to, retaining the information if it is necessary for Us to:
• Complete the transaction for which We collected the personal information, provide a
good or service that you requested, take actions reasonably anticipated within the context
of Our ongoing business relationship with you, or otherwise perform Our contract with
you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal
activity, or prosecute those responsible for such activities;
• Debug products or identify and repair errors that impair existing intended functionality;
• Comply with a legal obligation, including, but not limited to, preserving evidence
demonstrates our compliance with the Telephone Consumer Protection Act (“TCPA”)
during the statute of limitations period applicable to the TCPA; and/or
• Make other internal and lawful uses of that information that are compatible with the
context in which you provided it.
To exercise any of your rights related to your personal information, please contact us using one
of the methods indicated in the “Contact Us” section above.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and
Us, or between you and our third-party text messaging platform provider, or between you and
any other third-party service provider acting on Our behalf to transmit the mobile messages
related to the Program Description set forth above, arising out of or relating to federal or state
statutory claims, common law claims, these Terms, or the breach, termination, enforcement,
interpretation, or validity thereof, including, but not limited to, the determination of the scope or
applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the
fullest extent permitted by law, determined by arbitration in South Miami, FL before one
arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as
otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial
Circuit in which Our principal place of business is located, without regard to its conflict of laws
rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the
parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity
and who has knowledge of and experience with the subject matter of the dispute. If the parties
do not agree on an arbitrator within ten (10) calendar days, either party may petition the AAA to
appoint an arbitrator, who must satisfy the same experience requirement. In the event of a
dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration
agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that
the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking
emergency injunctive relief from a court. The decision of the arbitrator shall be final and
binding, and no party shall have rights of appeal except for those provided in section 10 of the
FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of
the arbitration; however, the arbitrator shall have the power to order one party to pay all or any
portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator
shall have the authority to award attorneys’ fees only to the extent expressly authorized by
statute or contract. The arbitrator shall have no authority to award punitive damages and each
Party hereby waives any right to seek or recover punitive damages with respect to any dispute
resolved by arbitration.
The parties agree to arbitrate solely on an individual basis, and this agreement does
not permit class arbitration or any claims brought as a plaintiff or class member in any class or
representative arbitration proceeding. Except as may be required by law, neither a party nor the
arbitrator may disclose the existence, content, or results, of any arbitration without the prior
written consent of both parties, unless to protect or pursue a legal right. If any term or provision
of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality,
or unenforceability shall not affect any other term or provision of this Section or invalidate or
render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute
proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This
arbitration provision shall survive any cancellation or termination of your agreement to participate in
any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and
authority to agree to these Terms and perform your obligations hereunder, and nothing
contained in this Agreement or in the performance of such obligations will place you in breach of any
other contract or obligation. The failure of either party to exercise in any respect any right provided
for herein will not be deemed a waiver of any further rights hereunder. If any provision of these
Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain in full force and effect
and enforceable. Any new features, changes, updates, or improvements of the Program shall be
subject to these Terms unless explicitly stated otherwise in writing.
