Terms of use

digitdemos is a new, online participatory democracy tool that allows every resident/voter to provide real-time feedback to their legislators and other elected officials as to his or her opinions and preferences on pending legislation and other policy decisions.

Using digitdemos is easy, but subject to some terms and conditions. By using the services offered by digitdemos, including our regular and mobile forms of our website, www.digitdemos.com (the “Services”), you agree to be bound by these Terms of Use and also to our Privacy Policy.

These Terms of Use and Privacy Policy comprise a legally binding agreement between you and digitdemos. We encourage you to carefully read both documents before proceeding. If you are unable to consent to any of these Terms of Use, now or in the future, you are not allowed to use the Services. digitdemos has the right to revise these Terms of Use and Privacy Policy, at any time and in any manner, with or without notice. digitdemos may also add to these Terms of Use by reference to other terms or policies associated with specific Services, our website, or future offerings.

USING OUR SERVICES

We encourage you to learn about how to use digitdemos by visiting the How it Works page. The Services may only be used for the following purposes by Visitors and three types of Users (as those terms are defined below):

  1. Visitors: individuals who merely browse the information provided through the Services, without creating an account necessary to make fuller use of the Services (“Account”). Visitors may include individuals or entities that download summary charts, trend reports, or other aggregated data sets from digitdemos.
  2. Citizen / Level 1 Users: individuals who create an Account and make use of the Services offered under the no-cost Subscription plan.
  3. Agora / Level 2 Users: individuals who create an Account and make use of the Services offered under the lower of two paid Subscription plans.
  4. Assembly / Level 3 Users: who create an Account and make use of the Services offered under the greater of two paid Subscription plans.
  5. No other use or purpose is permitted.

To access the Services as a User, you agree to create and maintain an Account. Creating an Account is fast, simple and free, but the information you provide must be accurate, current, and complete. If digitdemos believes the information you provide is not accurate, current, or complete, we have the right to refuse you access to the Services, and to terminate or suspend your access at any time. For various reasons, digitdemos may require some information remain unchanged, in which case we will not expect a User to update that information herself, but rather send a request for corrections to admin@digitdemos.com. Each User must be at least eighteen (18) years of age as of first date of the Session applicable to the Subscription plan year.

To create an Account, simply provide a valid e-mail address, username, and password when prompted. When creating an Account, you will also be asked to provide your complete name and residential address. digitdemos will cross-reference this information with the bulk data we obtained from the public records of voter registration data distributed by the Colorado Secretary of State and make a preliminary match between your name, address, and other voting registration data. digitdemos may also employ mapping software to identify the state House or Senate district corresponding to your address. You will have the opportunity to accept the information from the Colorado Secretary of State or if it is not accurate, you may manually enter your correct information. digitdemos may contact you to validate a newly created Account, for the purpose of ensuring you are in fact the person who is listed in the Account. If you determine that digitdemos has matched the wrong state House or Senate district to your address, please let us know at admin@digitdemos.com.

The Services we offer may only be used for your personal, non-commercial use and an Account can only be associated with a single e-mail address and individual. You agree to update your Account when your information changes. All Users and Visitors agree not to use our Services for any illegal or fraudulent activity. Use of our Services is offered at the sole discretion of digitdemos and we reserve the right to disable a User’s Account and revoke permission to use any or all Services if we believe a User or Visitor has violated the terms or spirit of these Terms of Use or acted in any manner that we determine, in our sole discretion, may be detrimental to digitdemos, other Users or Visitors, the political process, or any third-party. digitdemos may also change, suspend, or discontinue the Services at any time and may remove or impose limits on certain features or content without notice or further obligation to any User or Visitor.

SUBSCRIPTION LEVELS AND CORRESPONDING SERVICES

The three Subscription levels – Citizen / Level 1, Agora / Level 2, and Assembly / Level 3 – are based in part upon the number of legislative bills (“Bills”) that a User may Select.

A User “Selects” a Bill by using the Services to choose a set of Bills introduced in either chamber. For each Selected Bill, the User will receive updates as to each Bill’s progress, votes and outcomes, such as if and how it dies in committee or is amended in some manner.

A User may interact with a Bill at various stages in the legislative process by using a dashboard-like interface to approve or disapprove of the latest draft, alternative Bills or proposed amendments, or how a User would prefer their elected official vote on a Bill in a committee or the full chamber.

The number of Bills that a User may Select and later interact with is listed below and corresponds to each Subscription level and the fees charged for each Subscription level are listed below. digitdemos may from time to time offer discounts or other promotion-based pricing that may be lower than the ones listed in these Terms of Use. Users pay Subscription fees in a single payment and a Subscription corresponds the 12-month year that covers an entire legislative session, which in Colorado typically runs from January through May (each, a “Session”). If a User joins after the close of the immediately preceding Session, her Subscription and associated Services will cover next full Session. If a Subscriber joins any time prior to the official close of any Session, his Subscription will apply only to the remainder of that current Session. For this reason, digitdemos urges all new paid Users to be mindful of the Session ending date. Because there may be good reasons for a User to closely follow the last minute wrangling of Colorado’s legislature, we will assume such Subscriptions are intentional and will not refund fees on the basis of mistake or poor timing.

The number of Bills listed for each Subscription level is the maximum number that can be Selected during a Session. An individual User may choose not to Select all of the Bills allowed by the Subscription level for a given Session and there are no refunds or adjustments if a User does not Select the full number of allowed Bills, if at the time of Subscription there are at least that many Bills still pending in the Session. During the Subscription year or a Session, a User may opt to upgrade from a lower level Subscription (including a no-charge Subscription for Citizen / Level 1) to a higher level Subscription, however the User assumes full responsibility for first determining whether there are a sufficient number of Bills still pending in the Session to make a higher level Subscription worth the extra cost.

  1. Citizen / Level 1 – up to a maximum of 25 Bills – no charge
  2. Agora / Level 2 - up to a maximum of 50 Bills - $25
  3. Assembly / Level 3 – up to a maximum of 100 Bills - $50

For Users joining at any of the three Subscription levels during a Session, they may Select up to the maximum number of Bills corresponding to the plan level. In the event there are fewer than the maximum number of Bills remaining in the Session, the balance up to the maximum can be Selected and tracked retrospectively. If a User joins after the end of one Session but before the beginning of the next Session, in addition to the maximum number of Bills that may be Selected for the coming Session, she may also Select and track up to 25 Bills retrospectively, from the prior Session.


FACTORS THAT MAY ADVERSELY AFFECT THE SERVICES FOR USERS

The Services for Users are highly dependent upon various factors that may be beyond the control of digitdemos. For example, digitdemos obtains a database of registered voters from the Colorado Secretary of State, and uses this public information to cross-check the information a new User enters when creating an Account. The public information obtained from the Colorado Secretary of State may not be current, digitdemos may incorrectly correlate a new User with the voter registration data of a different individual, or the vendor or service digitdemos uses may not initially map a User to the correct state House or Senate district. In all such instances, digitdemos relies upon the User to inform us about discrepancies and other issues. We encourage all such correspondence be sent to admin@digitdemos.com.

The Services are designed to reflect the current voting rules adopted by Colorado’s legislative bodies. However these rules can change from time to time, and at any time, with little or limited notice. These rule changes may not come to our attention in time to implement changes to our system that might provide continuity in the Services for Users or Visitors. Some rule changes may simply not be conducive to a business such as digitdemos or may be commercially impractical to implement in new or upgraded Services.

The factors above and other issues unique to public institution and rule changes or other actions taken at their discretion may change the nature of the Services, the ability of digitdemos to offer and deliver some or all of the Services as anticipated or described on the website or elsewhere, for some or all of a Session or during a Subscription year.

Users acknowledge and agree that any such changes may reduce the extent to which they may find the Services useful or the relative value they associated with the Services when signing up for a Subscription. While digitdemos will work to minimize the impact of any such changes on the Services and the experience of Users, it shall not be liable for refunds or abatement of any fees paid or committed to be paid for a Subscription.

LET’S TALK

We care about our Users and Visitors and encourage your questions, concerns, ideas, and requests. Please contact us with your questions about the Services, Account, or Subscriptions at admin@digitdemos.com.

By becoming a User at any Subscription level or providing your e-mail address if requested for the use of any of the Services, you agree to receive Administrative Communications from us by e-mail. These e-mails will be related to your Account, Subscription or other use of Services. Since we need to communicate with you from time to time about your Account and other administrative matters, it is not possible for you to unsubscribe from Administrative Communications. However, we do not intend to send Administrative Communications to Users who have not renewed a Subscription or whose Account has been disabled, or Visitors who have expressly requested that they no longer receive such messages. All Users and Visitors consent to receive some inadvertent Administrative Communications that may be unintentionally sent by digitdemos following the time when such e-mail should cease. If you receive such messages, please contact admin@digitdemos.com and we will make reasonable efforts to correct any issues.

USE AND SHARE OUR CONTENT, WITH SOME LIMITS

You acknowledge and agree that the materials displayed on the digitdemos website, www.digitdemos.com, any future mobile apps, e-mail messages, and other Services, or shown to you in the course of accessing or using our Services are protected by copyright law as collective works and/or compilations. This includes summary charts, trend reports, or other aggregated data sets from digitdemos that we may prepare and offer for download, linking, or other sorts of sharing. This may also include authorized third-party content. Collectively, this material is considered “Content”.

You agree to abide by all copyright and trademark notices, restrictions, and digital rights management protections appearing anywhere in the Services, and you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any such Content or other material or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, including digitdemos, and (ii) in any way that violates any third-party right. You also agree not to use any Content obtained from digitdemos, the Services including the website, www.digitdemos.com to disparage or portray in an unflattering light digitdemos, any Users, Visitors, or third-parties.

You agree that all Content or other information posted or transmitted through the Services is provided as-is and digitdemos makes no representation or warranty as to any Content and shall not be liable to you for any errors, misstatements, or omissions it contains. You acknowledge that all such data accessed by your use of the Services is used and relied upon entirely at your own risk and you will be solely responsible for any damage or loss to any party that may result.

IMPORTANT FINE PRINT
  1. Warranty Disclaimer. digitdemos has no special relationship with or fiduciary duty to you. You acknowledge that digitdemos has no control over, and no duty to take any action regarding: which Users or Visitors gain access to the Services; what information you access via the Services; what effects such information may have on you; how you may interpret or use such information; or what actions you may take as a result of having been exposed to it. You release digitdemos from all liability for you having acquired or not acquired information through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. digitdemos makes no representations concerning any content contained in or accessed through the Services, and digitdemos will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. The Services, our website, and any underlying software and system, are provided on an ‘as is’ basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the Service, our website, and any underlying software or system will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
  2. Privacy Policy. We care about the privacy of our Users and Visitors and so we do not share your personal information with any third-party, in any manner, for any reason, save for limited disclosure to law enforcement or other governmental agencies with valid and legal orders. Any Content or other data we share with other Users, Visitors, or third-parties will be in aggregate form only, combining some information for multiple Users in a manner that makes any one User indistinguishable. We encourage you to read Our Promise and the complete Privacy Policy.
  3. Indemnity. You agree to defend, indemnify and hold harmless digitdemos, its subsidiaries and affiliated companies, and its and their members, officers, directors, employees, contractors, and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorney's fees and costs) arising from or relating to your use of the Services, without limitation, your negligence, breach of any of the representations, warranties or promises contained herein or made in relation to the Services, or violation of any law, regulation, ordinance, directive or court order.
  4. Limitation on Liability. In no event shall digitdemos or its vendors, suppliers or partners, or its or their respective members, officers, directors, employees, or agents be liable with respect to the website, www.digitdemos.com, any future mobile apps, or other Services or subject matter of this Terms of Use under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the cost of all products or services purchased through the Services during the 12-month period preceding the applicable claim; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of any substitute goods or services; or (iv) for any matter beyond digitdemos' reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
  5. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred, assigned, or sub-licensed by you, but may be assigned, transferred, or sub-licensed by digitdemos without restriction at any time and for any reason.
  6. Termination. We may restrict, limit, or otherwise prevent your access to the Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your Account, including information about the Bills you Select and your interaction with them. If you no longer wish to use your Account and the Services, you must notify digitdemos at admin@digitdemos.com, however you still consent to receive a limited amount of Administrative Communications from digitdemos following such notification. All provisions of these Terms of Use that by their nature should survive the cessation of your use of the Services for any period of time shall indefinitely survive, including, without limitation, the limited rights and license to use the Services, provisions relating to ownership of Content and other intellectual property, warranty disclaimers, indemnity, and limitations of liability.
  7. Governing Law and Venue. You agree that: (i) the Services shall be deemed solely based in Colorado; and (ii) each Service shall be deemed a passive one that does not give rise to personal jurisdiction over digitdemos, either specific or general, in jurisdictions other than Colorado. These Terms of Use shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and digitdemos that arises in whole or in part from the Services shall be decided exclusively by a state court of competent jurisdiction located in the City and County of Boulder, Colorado, or the federal court located in the City and County of Denver, Colorado.
  8. Cooperation with Authorities and Police Enforcement. You acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports we receive of such conduct by a User or Visitor in his or her or use of the Services. When requested, digitdemos will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services or our website.
  9. Entire Agreement/Severability. The entire agreement between you and digitdemos is comprised of these Terms of Use and our Privacy Policy, and references to any other terms or policies associated with specific Services, including any future mobile apps. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and digitdemos failure to assert any right or provision under this Terms of Use shall not constitute a waiver of such right or provision.

digitdemos may revise these Terms of Use at any time by updating the document located at this URL.

digitdemos is the trade name of digitdemos, llc, a Colorado limited liability company. All mentions of digitdemos shall refer to digitdemos, llc.