Terms and Conditions.

Terms & Conditions

Last updated September 1, 2020.

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF
YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

This site is operated by Cabrera for City Council at Large, also referred to as Citizens for Cabrera (together
with any affiliates, “Cabrera for City Council at Large,” “we,” or “us”). These Terms & Conditions
(“Terms”) apply solely to your access to, and use of, the website operated by Cabrera for City Council at
Large and other websites, mobile sites, and other online services which link to these Terms and are operated by Cabrera for City Council at Large (the “Sites”).
We reserve the right to change or modify any of the terms and conditions contained in the Terms at any
time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of
the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes
or modifications. Your continued use of the Sites following the posting of changes or modifications will
confirm your acceptance of such changes or modifications.
All questions or comments about the Sites or site content should be directed to
copyrightandcomplaints@mariadcabrera.com.

1. Copyright and Limited License. Unless otherwise indicated in the Sites, the Sites and all content and
other materials on the Sites, including, without limitation, Cabrera for City Council at Large’s logo, and all
designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the
selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of
Cabrera for City Council at Large or its licensors or users and are protected by U.S. and international
copyright laws. You are granted a limited, non-sublicensable license to access and use the Sites and the Site
Materials intended by us for your use for your informational, non-commercial and personal use only. Such
license is subject to the Terms and does not include: (a) any resale or commercial use of the Sites or the
Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site
Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses
of the Sites or the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data
gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites,
the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f)
any use of the Sites or the Site Materials other than for their intended purpose. Any use of the Sites or the
Site Materials other than as specifically authorized herein, without the prior written permission of Cabrera
for City Council at Large, is strictly prohibited and will terminate the license granted herein. Such
unauthorized use may also violate applicable laws including without limitation copyright and trademark
laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in
these Terms shall be construed as conferring any license to intellectual property rights, whether by
estoppel, implication or otherwise. This license is revocable at any time.

2. Trademarks. All logos and slogans contained in the Sites are trademarks of Cabrera for City Council at
Large, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or
in part, without the prior written permission of Cabrera for City Council at Large or the applicable
trademark holder. You may not use any metatags or any other “hidden text” utilizing “Cabrera for City
Council at Large” or any other name, trademark or product or service name of Cabrera for City Council at
Large without our prior written permission. In addition, the look and feel of the Site, including all page
headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of
Cabrera for City Council at Large and may not be copied, imitated or used, in whole or in part, without our
prior written permission. All other trademarks, registered trademarks, product names and company names
or logos mentioned in the Sites are the property of their respective owners. Reference to any products,
services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise
does not constitute or imply endorsement, sponsorship, or recommendation thereof by us. You may not use
a Cabrera for City Council at Large logo or other proprietary graphic of Cabrera for City Council at Large
to link to these Sites without the express written permission of Cabrera for City Council at Large. Further,
you may not use, frame or utilize framing techniques to enclose any Cabrera for City Council at Large
trademark, logo or other proprietary information, including the images found at the Sites, the content of any
text or the layout/design of any page or form contained on a page on the Sites without Cabrera for City
Council at Large’s express written consent. Except as noted above, you are not conveyed any right or
license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary
right of Cabrera for City Council at Large or any third party.

3. Third-Party Sites, Functionality and Content. The Sites may make third-party information,
advertisements, promotions and other content available on or through the Sites (“Third Party Content”).
Our Sites also may link or otherwise provide access to third-party websites and other products and services
outside our control (collectively, “Third Party Products and Services”). These Third Party Products and
Services may include, for example, event and volunteer registration and management, donation and
payment functionality, and other features, functionalities, and services powered by third parties. Cabrera for
City Council at Large does not endorse, adopt, sponsor, recommend, or otherwise accept responsibility for
any Third Party Content or Third Party Products and Services, and we make no representation or warranties
of any kind regarding them. These Third Party Products and Services and Third Party Content are not under
the control of Cabrera for City Council at Large, and Cabrera for City Council at Large is not responsible
for their content, quality, nature, reliability, privacy, data security or other practices or their handling of
information you make available to them. Your business dealings with these third parties, and any terms,
conditions, warranties or representations associated therewith, are solely between you and such third
parties. We encourage you to review their applicable terms and policies.

4. Electronic Communications and Privacy Policy. You consent to our communicating with you about the
Sites and Cabrera for City Council at Large via email, text message, or other electronic means. Please refer
to our Privacy Policy for information on how we collect, use and disclose information from our users. You
agree that you will not provide any other person’s personal information to us unless you have the rights to
do so under applicable law and have shared our Privacy Policy with the applicable person.

5. Prohibited Conduct. You may not access or use, or attempt to access or use, the Sites to take any action
that could harm us or any other person or entity, interfere with the operation of the Sites, or use the Sites in
a manner that violates any laws. For example, and without limitation, you may not:
• a. Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of
materials you transmit;
• b. Engage in unauthorized spidering, “scraping,” or harvesting of content or personal information,
or use any other unauthorized automated means to compile information;
• c. Use the Sites to access, harvest, copy, collect, gather, or assemble information or data regarding
other users of the Sites without the applicable user’s prior express consent;
• d. Take any action that imposes an unreasonable or disproportionately large load on our network
or infrastructure;
• e. Use any device, software or routine to interfere or attempt to interfere with the proper working
of the Sites or any activity conducted on the Sites or attempt to probe, scan, test the vulnerability
of, or breach the security of any system or network, including without limitation via any viruses,
corrupted data, or other harmful, disruptive or destructive files;
• f. Attempt to modify, copy, make derivative works of, decipher, decompile, disassemble, or
reverse-engineer any of the software comprising or in any way making up a part of the Sites;
• g. Distribute any unauthorized materials or advertise or promote goods, services, or political
campaigns without our express written permission (including, without limitation, by sending
spam);
• h. Sublicense any of your rights under these Terms;
• i. Harass or materially interfere in any manner with another user’s use or enjoyment of the Sites;
• j. Engage in any other conduct that restricts or inhibits any person or entity from using or enjoying
the Sites, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other
person or entity to any liability, damages, or detriment of any type; or
• k. Otherwise use the Sites for any unlawful or unauthorized purpose, or engage in, encourage or
promote any activity that violates these Terms or any additional guidelines, policies or rules
posted on the Site or otherwise provided to you.
Violations of system or network security may result in civil or criminal liability. We may investigate and
work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or
terminate your access to the Sites for any or no reason at any time without notice.

6. Truthful and Accurate Information. When you complete forms online or otherwise provide us
information in connection with the use of our Sites, you agree to provide accurate, complete, and true
information. You agree not to use a false or misleading name or a name that you are not authorized to use.
If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, we may
refuse you access to the Sites and pursue any appropriate legal remedies.

7. Submissions. You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or
other information or materials regarding the Sites or Cabrera for City Council at Large that are provided by
you in the form of email or other submissions to Cabrera for City Council at Large, or any such postings on
the Sites, are non-confidential and shall become the sole property of Cabrera for City Council at Large.
Cabrera for City Council at Large shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these materials for any purpose without
acknowledgment or compensation to you. To the extent you have any rights, title, or interest in any of the
foregoing, you shall assign, and hereby assign, any and all such rights, title, and interest to Cabrera for City
Council at Large.

8. User Content and Interactive Areas. The Sites may include interactive areas or services, such as forums,
blogs, chat rooms or message boards, or other areas or services in which you or other users may create,
post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other
items or materials on the Sites (“User Content”). You are solely responsible for your use of the Sites and
use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create, or otherwise
publish through the Sites any User Content that would violate these Terms, including, without limitation,
any of the following:
• a. User Content that is unlawful, libelous, defamatory, false, obscene, pornographic, indecent,
lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, hateful,
inflammatory, fraudulent, deceptive or misleading;
• b. User Content that would constitute, encourage or provide instructions for a criminal offense,
violate the rights of any party, or that would otherwise create liability or violate any local, state,
national or international law;
• c. User Content that may infringe, misappropriate, or otherwise violate any patent, trademark,
trade secret, copyright or other intellectual or proprietary right of any party; or
• d. Private information of any third party, including, without limitation, addresses, phone numbers,
email addresses, Social Security numbers and credit card numbers.
Cabrera for City Council at Large takes no responsibility and assumes no liability for any User Content
posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Cabrera for
City Council at Large liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity,
pornography or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in
these Terms is at Cabrera for City Council at Large’s sole discretion, and failure to enforce such rules in
some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition,
these rules do not create any private right of action on the part of any third party or any reasonable
expectation that the Sites will not contain any content that is prohibited by such rules. As a provider of
interactive services, Cabrera for City Council at Large is not liable for any statements, representations, or
User Content provided by its users in any public forum, blog or other area of the Sites. Although Cabrera
for City Council at Large has no obligation to do so, it reserves the right, and has sole discretion, to
remove, screen or edit any User Content posted or stored on the Sites at any time and for any or no reason
without notice, and you are solely responsible for creating backup copies of and replacing any User Content
you post or store on the Sites at your sole cost and expense. Any use of the Sites in violation of the
foregoing violates these Terms and may result in, among other things, termination, or suspension of your
rights to use the Sites. Except as otherwise provided, you retain ownership of all User Content you post on
the Sites. However, if you post User Content to the Sites, unless we indicate otherwise, you grant Cabrera
for City Council at Large and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, assignable,
transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such User Content throughout the world in any
manner or media now known or later developed, including without limitation in advertising, fundraising
and other communications in support of Cabrera for City Council at Large or the candidates, issues,
organizations or causes supported by Cabrera for City Council at Large, without any right of compensation
or attribution. You hereby waive any moral rights you may have in User Content. You grant Cabrera for
City Council at Large and its affiliates and sublicensees the royalty-free, perpetual, irrevocable, assignable,
transferable and worldwide right to use the name that you submit in connection with such content, if they
choose. You represent and warrant that (a) you own and control all of the rights to the User Content that
you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is
accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these
Terms and will not violate any rights of or cause injury to any person or entity.

9. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other
applicable law, Cabrera for City Council at Large has adopted a policy of terminating, in appropriate
circumstances as determined by Cabrera for City Council at Large in its sole discretion, subscribers or
account holders who are deemed to be repeat infringers. Cabrera for City Council at Large may also at its
sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe,
misappropriate, or otherwise violate any intellectual property rights of others, whether or not there is any
repeat infringement, misappropriation, or violation.

10. Copyright Complaints. If you believe that anything on the Sites infringes upon any copyright which you
own or control, you may file a notification of such infringement with our Designated Agent as set forth
below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Cabrera for City Council
at Large Legal Department
Full Address of Designated Agent to Which Notification Should be Sent: PO Box 2349, Wilmington,
DE 19899
Telephone Number of Designated Agent: 302-559-9489
E-Mail Address of Designated Agent: mailto:info@mariadcabrera.com
Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. You should note that if you
knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for
any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our
relying upon such misrepresentation in removing or disabling access to the material or activity claimed to
be infringing.

11. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS
CABRERA FOR CITY COUNCIL AT LARGE, ITS INDEPENDENT CONTRACTORS, SERVICE
PROVIDERS, CONSULTANTS AND JOINT COMMITTEE MEMBERS, AND THEIR RESPECTIVE
SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, ASSIGNS,
AND AGENTS, FROM AND AGAINST ANY AND ALL LOSS, CLAIMS, ACTUAL OR
THREATENED SUITS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND EXPENSES
(INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF,
ASSOCIATED WITH, OR RELATED TO YOUR USE OF THE SITES OR ANY ALLEGED
VIOLATION BY YOU OF THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY, INCLUDING,
WITHOUT LIMITATION, YOUR CONDUCT AND ANY USER CONTENT YOU POST, STORE OR
OTHERWISE TRANSMIT ON OR THROUGH THE SITES, OR ANY ACT OR OMISSION
RELATING TO THE SITES OR THE USER CONTENT.

12. DISCLAIMERS. YOUR USE OF THE SITES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY
PROVIDED TO THE CONTRARY IN WRITING BY CABRERA FOR CITY COUNCIL AT LARGE,
THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON
OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CABRERA FOR CITY
COUNCIL AT LARGE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR OTHER
VIOLATION OF RIGHTS AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION,
CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. CABRERA
FOR CITY COUNCIL AT LARGE DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE
SITE MATERIALS, ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, OR THE
SERVICES ARE ADEQUATE, ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE,
OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERRORFREE.
CABRERA FOR CITY COUNCIL AT LARGE IS NOT RESPONSIBLE FOR, AND EXPRESSLY
DISCLAIMS ANY LIABILITY FOR, ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED
IN THE SITES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, INCLUDING
THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY, AS WELL AS FOR ANY THIRD
PARTY PRODUCTS AND SERVICES AND FOR ANY THIRD PARTY CONTENT. WHILE
CABRERA FOR CITY COUNCIL AT LARGE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF
THE SITES AND SERVICES SAFE, CABRERA FOR CITY COUNCIL AT LARGE CANNOT AND
DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU
SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES
FROM ANY DOWNLOAD. CABRERA FOR CITY COUNCIL AT LARGE IS ALSO NOT
RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES,
PROGRAM, OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT,
ACTIVITY, OR PROGRAM ORGANIZERS OR OTHER USERS OF THE SITES OR FOR ANY THIRD
PARTY PRODUCTS AND SERVICES OR FOR ANY THIRD PARTY CONTENT. CABRERA FOR
CITY COUNCIL AT LARGE RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT
CONTAINED IN THE SITES AND ANY SERVICES OFFERED THROUGH THE SITES AT ANY
TIME WITHOUT NOTICE.

13. LIMITATION OF LIABILITY. IN NO EVENT SHALL CABRERA FOR CITY COUNCIL AT
LARGE, OR OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, ASSIGNS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF
ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF
DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE
MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT
LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON
ANY INFORMATION OBTAINED FROM CABRERA FOR CITY COUNCIL AT LARGE, OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL,
ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE
OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO
CABRERA FOR CITY COUNCIL AT LARGE’S RECORDS, PROGRAMS OR SERVICES, EVEN IF
ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CABRERA FOR CITY COUNCIL
AT LARGE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE,
WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR
OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE
THE SITES OR THE SITE MATERIALS OR THESE TERMS EXCEED THE GREATER OF ONE
HUNDRED DOLLARS ($100) OR THE AMOUNT THAT YOU PAID TO ACCESS THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.

14. Applicable Law and Venue. These Terms and your use of the Sites shall be governed by and construed
in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely
performed within the State of Delaware, without resort to its conflict of law provisions. You agree that any
action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal
courts located in the State of Delaware, and you hereby irrevocably and unconditionally consent and submit
to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

15. Termination. Notwithstanding any of these Terms, Cabrera for City Council at Large reserves the right,
without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent
your access to and use of the Sites.

16. Miscellaneous. These Terms constitute the entire agreement between you and us, superseding any prior
or contemporaneous communications and proposals (whether oral, written or electronic) between you and
us. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from these Terms and shall not affect the validity and
enforceability of any remaining provisions and will be replaced by an enforceable provision that comes
closest to the intention underlying the unenforceable provision. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and us as a result of these Terms or
your access to and use of the Sites.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive
our right to subsequently enforce the Terms or respond to any violations. Nothing contained in these Terms
is in derogation of our right to comply with governmental, court, and law enforcement requests or
requirements relating to your use of the Sites or information provided to or gathered by us with respect to
such use.