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Legal Notice - Safevote, Inc.

WARNING

It is illegal to tamper or interfere with the operations of this site, at any time.

Unauthorized access or use of this system is monitored and may subject violators to criminal and/or civil action. By accessing this site you expressly consent and are advised that if there is evidence of illegal activity, the evidence may be provided to law enforcement.

This site is not included in any attack test that we may conduct. If you want to test our systems, you are welcome -- we will from time to time announce attack tests in our front page and in the media in general, which tests will be performed on systems which can take the challenge without any legal consequence to the attacker. This is not the case for this site.

LEGAL REQUIREMENTS FOR INTERNET VOTING

    Safevote meets or exceeds all the requirements for legally binding online elections in the private sector. This includes the means to authenticate voters, count ballots properly, and provide for security, auditing and election integrity. Your organization's bylaws should also allow online voting. Many countries have similar requirements for online voting.

    Safevote's online election security was qualified by the California Secretary of State for a shadow election conducted in Contra Costa County in November 2000, and also by the Swedish Government's Ministry of Justice Statskontoret for a biding online election conducted in the Student Union at Umeå University in April 2001.

    Safevote meets or exceeds the Swedish Government Internet Voting Requirement SOU:2000:125.

    Safevote complies with the Voting System Requirements (VSR). The VSR evolved during public discussions at the Internet Voting Technology Alliance (IVTA) in September-November 2000. It recognizes the need for strict voting standards, with a set of 16 requirements that support fail-safe privacy, verifiable security and tamper-proof ballots.

INTELLECTUAL PROPERTY, ASSURANCE, WARRANTY AND LIABILITY FOR PRODUCTS, SERVICES AND CONTENTS

    All products and service specifications, claims, features, representations, and/or comparisons provided in this site are correct to the best of our knowledge at the date of publication, but are subject to change without notice. 

    ANY INFORMATION, PRODUCT OR SERVICE OBTAINED FROM THIS WEB SITE, IRRESPECTIVE OF ACCESS CONDITIONS AND ANY PAYMENT TO US,  IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY ASSUMED CONTENT, ASSURANCES, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THE ENTIRE RISK AS TO THE RESULTS OF THE INFORMATION RECEIVED IS ASSUMED BY YOU. WE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN ORDER TO ACCESS THE INFORMATION. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LICENSE AND SALES DISCLAIMER

    Nothing on our Web Site shall be construed as conferring any license under any of the Safevote's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise, unless otherwise stated in a properly issued order. All products and services are licensed and not sold, full copyright remains with us or with our licensors.

COPYRIGHT RESTRICTIONS

    The entire contents of our Web Site are protected by international copyright and trademark laws, including the graphical designs, images and logos. The owners of the copyrights and trademarks are Safevote, its affiliates or other third party licensors. YOU MAY NOT DISASSEMBLE, REVERSE ENGINEER, MODIFY, COPY, REPRODUCE, REPUBLISH,  EXPORT, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL OBTAINED FROM THIS  SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR  SOFTWARE, EVEN IF YOU HAVE PURCHASED A USER LICENSE FROM US. You are allowed to make one copy for your personal archival purposes for any of our products you may be licensed to use. In some cases, we may also allow public copying or citation of a material obtained from this Web site, which authorization is specified in each page, but always requiring source and author citation. We do no allow any use of the Safevote logo as a "hot" link or for other purposes, unless such use is previously approved by us in writing. All products, fonts and company names cited in this web site may be a property, trademark or registered trademark of their respective owners.

MARKS, COPYRIGHTS AND LICENSES

    "SAFEVOTE", "SVOTE", "MYSAFEVOTE", "INTERNET VOTING TECHNOLOGY ALLIANCE", "IVTA", "YOUR INTERNET DECISION PORTAL", "INTERNET DECISION PORTAL", "INTERNET VOTING PORTAL", "WANT TO MAKE THE BEST DECISION?", "LEADERS IN INTERNET VOTING TECHNOLOGY", "LEADERS IN PRIVATE AND SECURE INTERNET VOTING TECHNOLOGY", "MULTI-PARTY", "MP", "DIGITAL VOTE CERTIFICATE", "DIGITAL VOTE CERTIFICATE", "DVC", "ELECTRONIC BALLOT", "EB", "FAIL-SAFE PRIVACY", "DIGITAL VOTER VERIFICATION", "DVV", "CERTIFIED TALLY & REPORT", "CT&R", "DELTA" and "DELTA-NET" are service and product marks of Safevote Inc., 2000.  The marks "INTERNET VOTING TECHNOLOGY ALLIANCE" and "IVTA" are licensed non-exclusively and without cost to the Internet Voting Technology Alliance, a non-profit open Internet Workgroup, The entire website is published and © Copyright 2000-6 by Safevote. All rights reserved. All software developed by Safevote is Copyright and distributed under license, not sold.  License to load and read the webpages ending in .HTML and .HTM as well as their included links with whatever ending is thereby granted to the reader except where a password, including equivalent protection, is needed, for which a special license must be obtained from Safevote together with the password itself. It is a breach of copyright to access information protected by password in any Internet address maintained by Safevote, unless said password is legally obtained from Safevote and the reader has a valid license from Safevote to use it.

    Other product and company names cited may be copyrighted and trademarked by their owners, specifically but not exhaustively, ZSentry, ZSENTRY and NMA by NMA, Inc.; IBM and OS/2 by IBM Corp.; Windows, Word, Excel, Outlook and Microsoft by Microsoft Corp.

TECHNICAL SUPPORT & HOW TO CONTACT US

    Technical support is available 24/7 with five main facilities listed by decreasing order of preference: (1) Support Center online, offering an integrated knowledge base with categorized articles, allowing customers to quickly find Frequently Asked Questions, How-To's, and Documents, with self service; (2) Support Tickets submitted by the customer via the Support Center; (3) email sent by the customer according to the instructions described in the service agreement, (4) by submitting a request, or by sending a Secure Email ZSentry as described in the Contact Us page, or (5) phone support, as listed in the Contact Us page. The customer will be responsible for handling direct technical support to the voters during the election.

RETURN POLICY

    You may return and obtain a refund for any product or service that you may buy in our Web site.

    TIME LIMIT FOR RETURN
    Election Services: 7 Calendar Days
    Downloaded Products: 7 Calendar Days
    Shrink-Wrap Products: 30 Calendar Days

    TIME LIMIT OF PARTIAL RETURN FOR ELECTION SERVICES:
    If you request a return after the "TIME LIMIT FOR RETURN" defined above but before you send us the election ballot or the voter information, we shall provide you with either a full credit for your next election or 80% of the value paid by you, at your choice.

    To return and request a refund it is mandatory that you return to us within the "TIME LIMIT FOR RETURN" or the "TIME LIMIT OF PARTIAL RETURN FOR ELECTION SERVICES" defined above, a copy of your payment confirmation document (e.g., your credit card order confirmation number or your check number), with purchase description, date and value. If you received it, please send us also a copy of our invoice to you. You can return them by postal mail or e-mail.

    For Downloaded and Shrink-Wrap Products, please also request from us a Return Declaration which you must completely fill out and sign. You will be required to declare that you have fully deleted the product from your computer, including any outstanding backup copies. Once you have deleted the product and all copies, please send back to us the signed Return Declaration.

    After your request has been received, and we confirm it with our archives, your refund will be processed by us. This return policy is subject to change without notice and does not apply to purchases from third-parties. Please contact them directly for their product return policies.

SHIPPING POLICY

    Paid election services are delivered upon confirmation of payment and are available online according to the agreement timeline. Downloaded products are delivered upon confirmation of payment and are available online forthwith.

    Safevote uses two shipping methods for material items: UPS and FedEx package delivery. Not all methods are available for all items or destinations. In addition to standard ground service, we offer two-day air, overnight and 3-Day Select delivery options. Additional fees are charged for expedited shipping. Destinations in Puerto Rico will be shipped UPS Next Day Air or UPS 2-Day. Destinations in Canada will be shipped UPS Standard to Canada and UPS World Wide Express. With the exception of software renewals, shipping rates are based upon the size, weight and service selected for the shipment. Shipping rates for software renewals are as follows:

    • Standard UPS Ground shipping and handling - No Charge
    • UPS Next Day Air shipping and handling - $35.00
    • UPS 2-Day shipping and handling - $25.00
    • UPS 3-Day Select shipping and handling - $15.00

    Any references to delivery times are estimates, not guarantees. For UPS, ground shipping times vary from one to seven business days depending on the proximity of your shipping address to our facility. Orders placed after 3:00pm (Pacific Time) will be shipped on our next business day. Deliveries are not made on weekends or holidays. Our business days are Monday through Friday except holidays. Renewal orders and product updates will be shipped when they become available. Shipping policies and pricing are subject to change without notice.

FREE DOWNLOAD POLICY

    Any product that is downloaded without payment requirement to us is considered as a "free downloaded product". Free downloaded products carry no warranty and no service-support rights but may be freely supported by us at our own choice at any time, without any obligation, continuation rights or liability being accepted by us for any such services.

THIRD PARTIES

    Whenever mentioned in our Web Site in the context of information privacy or other, the expression "third-parties" or "third-party" is to be understood as an entity that is not Safevote, Inc.

YOUR PRIVACY AND INFORMATION RELEASE

    We will not forward to a third-party any personal, address or credit information supplied to us by you, unless required by legal process. Any other information we may receive is treated as public and non-confidential.

GOVERNING LAW

    This Legal Statement and service agreements provided by Safevote are governed by California State law, without regard to other choices of law rules, and all parties agree beforehand that any action to enforce this Statement or any service agreement will be maintained in state or federal court located in San Diego County, California, U.S.A. All parties consent to the jurisdiction of such courts.

SIGNATURE AND MAIL DELIVERY

    Service agreements and modifications may be signed electronically, by email exchange. If signed electronically, a printed confirmation may also be physically signed and sent to Safevote, for signature and return of one copy, by postal mail. The postal address for Safevote is: Safevote, Inc., PO Box 9765, San Diego CA, ZIP 92169, USA

FEEDBACK INFORMATION

    We welcome any suggestions or comments regarding our Web Site, products and services. Any information provided to us in connection with our Web Site, in correspondence to us or voluntarily by any means, shall be provided by you and received by us on a non-confidential basis. We shall be free to use such information on an unrestricted basis, however still respecting Your Privacy.

Contents of this entire site are © Copyright, Safevote Inc., 2000-2006.
Titles and product names are trademarks of Safevote, Inc. as described in our Legal Statement. ZSentry™ is ™ of NMA, Inc.