Privacy Policy

Last Modified: 5/29/2024

1. Introduction

Welcome to the official website of the 46 Action PAC (the “PAC”, “we”, “us”, or “our”). This privacy policy (“Policy”) explains how information is collected, used, and disclosed by the PAC so that you can make an informed decision about using our Services. This Policy explains our practices, including the information we collect from you when you use this website, affiliated websites, and other digital, text, and online services (“Site” or “Sites”); sign up to volunteer for us; make contributions to the PAC, whether online, by mail, in person, or by other means; or participate in our events, promotions, activities, or offerings (collectively, our “Services”).

By using the Site or Services, you consent to and agree that we may collect, process, use, retain, disclose, and transfer your Personal Information as described in this Policy. This Policy supplements and is incorporated into our Terms of Use, which may be accessed at this link or on the Site. By accessing, downloading, donating to, registering with, purchasing from, or otherwise using our Site or Services, you agree to this Policy and our Terms of Use, including any updates thereto. We reserve the right to change this Policy or the Terms of Use at any time. We encourage you to review this Policy from time to time to make sure that you understand how any Personal Information we collect will be used. Your continued use of the Site or Services affirms your agreement to any changes we make to this Policy.

This Policy only applies to the information collected by us or information otherwise provided to us by third parties about you, in each instance, in connection with your use of the Site or Services. This Policy does NOT apply to information that you provide to or that is collected by any third party. This Policy applies regardless of the computer, phone, tablet, or other electronic device (“Device”) you use to access the Site or Services and whether you are accessing the Site or Services as a registered user, guest, or otherwise.

We take reasonable measures to protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.

2. What is Personal Information?

As used herein, the term “Personal Information” means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, e-mail address, or credit card number) and information about that individual or his/her activities that is directly linked to the individual. Personal Information does not include “aggregate” information, which is data we collect about the use of the Site or Services or about a group or category of services or users, from which individual identities or other Personal Information has been removed. This Policy in no way restricts or limits our collection and use of aggregate information.

3. Information We Collect About You

• Active Collection

Personal Information may be collected in a number of ways when you visit our Site or use our Services. We collect certain information you voluntarily provide to us, such as when you make a contribution, send us an email or sign up to receive email or text message updates, fill out a form, connect through a social feed, submit a comment or feedback, sign up to be a volunteer or host an event, or request information. Such information may include Personal Information, such as your name, mailing address, email address, phone number, employment information, geographic location, credit card information, and other descriptive information. We also may collect demographic information, including gender, ethnicity, date of birth, education, political affiliation, personal interest information, and social media handles. Demographic information may also be collected if you provide such information in connection with creating a profile or group, leaving comments, posting blog comments or other content, sending an email or message to another user, or participating in any interactive forums or features on the Site or through the Services. We may also obtain information from other sources and combine that with information we’ve collected on our Site and through our Services, including Personal Information we have collected about you.

To comply with Federal election law and the regulations of the Federal Election Commission, the PAC is required to make its best efforts to collect and report the name, mailing address, occupation, and name of employer for all individuals whose contributions aggregate in excess of $200 per election cycle. Generally, contributions are non-refundable.

• Passive Collection

When you use the Site or Services, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring web site, and your activity on our Site.

If you access the Site or Services from a mobile device, we may also collect information about the type of mobile device you use, your device’s unique identification numbers, the type of mobile Internet browsers you use, and information about the location of your device. We treat this information as Personal Information if it can be used to identify you individually, or if we combine it with, or link it to, any of the identifying information mentioned above.

We may also automatically collect certain information through the use of “cookies” or web beacons. Cookies are small data files stored on your hard drive at the request of a website. Web beacons are small, invisible graphic images that may be used on the Site or in emails relating to the Services to collect certain information about usage and effectiveness and monitor user activity on the Site. Among other things, cookies and web beacons help us improve our Site and your experience on the Site and with our Services. Information obtained from cookies and web beacons and linked to personally identifying information is treated as Personal Information unless it is deidentified. If you wish to block, erase, or be warned of cookies, please refer to your device or browser manufacturer to learn about these functions. If you choose to remove or reject browser cookies or location services, however, this could affect certain features of our Site and Services.

• Third-Party Vendor Collection

At times, the PAC links to, relies on, or integrates with websites, applications, interfaces, services, and/or platforms operated by third-party companies, including service providers and third-party platforms (e.g., Google, Facebook, Twitter, etc.). These third-parties may provide analytics services about your use of the Site, Services, or other websites to us. These vendors may also automatically collect information about your visits to this Site and other websites, including your IP address, your ISP, the browser you use to visit our Site, pages viewed, time spent on pages, links clicked, and conversion information. They do this using cookies, web beacons, clear gifs, and other technologies. Personal Information collected by these vendors may be used by the PAC and our third party partners to, among other things, analyze and track data, contact you, solicit contributions, and deliver advertising or content to you based on your prior activities. We use this information to target our communications to your interests, and to better understand the usage and visitation of our Site and Services.

In some cases, third party vendors may collect Personal Information from you, such as your name and email address, on other websites and provide this information to us through partnerships we have in place with such vendors, or we may collect Personal Information that you enter directly within an advertising unit. This Policy applies to such Personal Information collected online in this manner, to the extent it is provided to us. We will treat any Personal Information we collect in this way in the same manner as other Personal Information collected on our Site and through our Services.

This Policy does not govern, and the PAC is not responsible for, the privacy practices of any websites, applications, interfaces, services, and platforms operated by third parties that are linked to, rely on, or are integrated with the Site or Services. You should check the applicable privacy policy of such third-party to determine how they will handle any personally identifiable or other information they may collect from you.

4. How We Use Information That We Collect

We use Personal Information collected through our Site and Services for the purposes described in this Policy and elsewhere as may be described on the Site or Services. The following is a non-exclusive list of how we may collect and use your Personal Information:

• Sending you the PAC and affiliated committees’ marketing, promotional, or fundraising e-mails, messages (including, but not limited to, text messages), and other correspondence and notifications;

• To notify you about new features and offerings of the Site or Services, including, but not limited to, promotions, events, news, volunteer opportunities, and/or special offers;

• Delivery of features, content, services, and products available to you through the Site or Services, which at times may be based on your location;

• Allowing affiliates, service providers, contractors, agents, sponsors, and other third parties to assist us in providing and managing the Services;

• Contacting you regarding the administration of any features or functions of the Site or Services you have registered to use;

• Sending you information about your relationship or transactions with us;

• Marketing and promoting the Site or Services, including, without limitation, promotions and other initiatives and activities;

• Where you order goods or services, performing credit checks, or other authentications;

• For the prevention and detection of fraud or infringement of our or any third-party’s rights;

• Responding to your questions or requests;

• Subject to applicable contractual or legal restrictions, in connection with a sale of all or some of the assets of the PAC;

• Subject to applicable contractual or legal restrictions, in connection with the sale or exchange of Site or Service user information, and related data, to a broker, political committee, or other non-profit or for-profit entity;

• Customizing what you see when you visit the Site or use the Services;

• Tracking your return visits to the Site and use of the Services;

• For marketing/promotional purposes and/or to provide anonymous reporting for Third-Party Platforms;

• Accumulating and reporting aggregate, statistical information in connection with the Site, Services, and user activity;

• Determining which features and services users like best to help us operate the Site and Services, enhance and improve our services and the Site and Services and display advertising and marketing information;

• Saving certain information for your ongoing use of the Site or Services; and

• For other purposes disclosed at the time you provide us with the information or which are reasonably necessary to provide the Services or other related product and/or service requested.

5. Sharing and Disclosure of Information We Collect

We reserve the right to use, share, exchange and/or disclose to affiliated committees and third parties any of your information for any lawful purpose, including, but not limited to, as described in Section 4. You may choose to opt-out of certain such uses at the time such information is collected or by subsequently changing your preferences, as further described in this Policy.

For example, we may share Personal Information as follows:

• With vendors, consultants, and other service providers who are engaged by or working with us, who need access to such information to carry out their work for us, and with whom we have a contract governing their use of the Personal Information we share with them;

• With volunteers who are engaged by or working with us, who need access to such information to carry out their work for us;

• With other political or public interest organizations, groups or causes that we believe have similar viewpoints, principles or objectives (subject to applicable legal restrictions);

• When you give us your consent to share your Personal Information in a particular manner, including if you continue to use the Site or Services after we post an update to this Policy;

• When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests, claims or legal authorities, including responding to lawful subpoenas, warrants, or court orders;

• When we believe in good faith that doing so is reasonably necessary or appropriate to respond to claims or to protect the rights, property, or safety of the PAC, our users, our employees, our volunteers, copyright owners, third parties or the public, including without limitation to protect such parties from fraudulent, abusive, inappropriate, or unlawful activity or use of our Site or Services; or

• To enforce or apply this Policy or our other policies or agreements.

We are not responsible for any information you provide directly to any third parties, and we encourage you to become familiar with their privacy practices before disclosing information directly to any such parties. Nothing herein restricts the sharing of aggregated or anonymized information, which may be shared with third parties without your consent.

6. Opting-Out of Certain Uses of Your Information

You may be able to adjust certain privacy, permission, and user account settings by responding to request alerts or notifications that may be presented to you on your Device prior to or following the collection of the relevant information or by navigating to the settings, account, or privacy section (as the case may be) of your Device or the applicable Third-Party Platform and limiting certain service functionality (e.g., location services, etc.). Most browsers are initially set to accept cookies and allow local storage, but you should be able to change your settings to notify you when a cookie is being set or updated, local storage is being used, and/or to block cookies and/or the use of local storage altogether. Please consult the “Help” section of your browser for more information. Please note that by blocking any or all cookies you may not have access to certain features, content and/or other personalization available through the Site or Services. Please be aware that if you limit the collection of certain information, you may not be able to use all of the features and functionality of the Site or Services.

Additionally, you may be presented with the option of whether to subscribe to receive, or be automatically entered to receive, certain marketing and promotional communications, including by text message, from us and/or our affiliated committees that we think will be of interest to you. Recipients of such communications may unsubscribe by following the specific instructions included in such communications.

Other privacy requests can be emailed to 46ActionOK@gmail.com. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process, and apply, during which time your information shall remain subject to the prior privacy settings. Additionally, you should be aware that any information provided to third parties prior to your election to opt-out or unsubscribe cannot be retrieved or rescinded by us unless required by applicable law, and you cannot retroactively opt-out or unsubscribe with respect to such third parties.

Please note that in order to keep you informed about the operation of our Services and related services, we may always send you emails and announcements that are needed for the proper functioning and administration of our Services.

7. Data Collection from Minors

Our Site and Services are not intended for individuals under the age of 18. No one under the age of 18 may provide any information to, on, or through the Site or Services. We do not intentionally collect Personal Information from children. If we learn that we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe a child has provided us with Personal Information, please contact us through the means indicated below to request deletion.

8. Links to Other Websites

Our Site, Services, or messages may contain links to other websites. Any Personal Information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. This Policy does not apply to such linked sites, and we are not responsible for the content or privacy and security practices and policies of these websites or any other websites that are linked to our Site. We encourage you to learn about their privacy and security practices and policies before providing them with Personal Information.

9. Notice to Residents of California

The PAC is a nonprofit political organization subject to Section 527 of the Internal Revenue Code and is not subject to the requirements of the California Consumer Privacy Act of 2018 (“CCPA”). Our collection and use of your Personal Information, however, is consistent with the Federal Election Campaign Act and the regulations promulgated by the Federal Election Commission. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your information for marketing purposes during the preceding year. If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options, such as your right to opt-out (which we may sometimes refer to as “unsubscribing”) or opt-in for use of your information by third parties for marketing purposes. If you are a California resident and wish to request information about how to exercise your third-party disclosure choices, please submit your request to 46ActionOK@gmail.com.

You may request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm a verifiable consumer request from you, we will delete (and direct our Contractors and Service Providers to delete) your Personal Information from our (and their) records, unless an exception applies or retention is otherwise required by federal law. As described in the CCPA we may delete your Personal Information by (a) permanently and completely erasing the Personal Information on our existing systems with the exception of archived or back-up systems; (b) de-identifying the Personal Information; or, (c) aggregating the Personal Information.

We may deny your deletion request if retaining the information is necessary for us or one of our Contractors or Service Providers 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 to identify and repair errors that impair existing intended functionality;

Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;

Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);

Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;

Comply with a legal, regulatory or law enforcement obligation; or

Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Upon receiving a Request from you, we will verify your identity based on the information we have on file for you. Upon verification of your identity, we will proceed to process your request (subject to the exceptions stated above).

Non-Discrimination: We will not discriminate against you simply for making a Request pursuant to this section of the Policy.

10. Notice to Residents of Nevada

If you are a Nevada resident who wishes to exercise your sale opt-out rights under Nevada Revised Statutes, you may submit a request to the contact information listed at the end of this Policy.

11. International Usage

The PAC, its Site, and Services are entirely controlled, operated, and administered within the United States of America. If you visit, access, interact with, and/or otherwise use the Site or Services from a location outside the United States, please be advised that any information you provide in connection with any such activity may be processed in and/or transferred to the United States of America and/or other territories and locations, where privacy protections may not be as comprehensive as those in the territory or location where you interact with or otherwise use the Services. By using the Site or Services, you affirmatively consent to the transfer, use, disclosure, provision, and other administration of your information as described herein.

12. Privacy Policy Changes

From time to time, we may modify this Policy to reflect industry initiatives, third-party requirements or changes in the law, technology, our information collection and use practices, or the features and functionality of the Site or Services, and such modifications shall be effective upon posting. When we change this Policy in a material way, a notice will be posted on our website along with the updated Policy. Your continued use of the Services after we post a revised Policy (and, where appropriate, notify you of this change) signifies your acceptance of the revised Policy. It is therefore important that you review this Policy regularly to ensure you are updated as to any changes.

13. Accuracy

It is your responsibility to give us current, complete, truthful, and accurate information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful, or complete information, or you fail to update such information. We will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Policy.

14. Retention

When you access our Site or Services, we will retain your Personal Information as long as it is necessary for our business purpose. We may retain your Personal Information for longer periods if required by law, if you give us your permission, or in case of a legal dispute in which your Personal Information may be used as evidence.

15. Sole Statement

This is the sole statement of the PAC’s Privacy Policy and no summary, restatement, or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.

16. Contact Us

If you have any questions about this Policy or any of the terms or conditions, please contact us at 46ActionOK@gmail.com.

Terms of Use

Last Modified: May 29, 2024

Welcome to the 46 Action PAC (the “PAC,” “we,” “us,” or “our”) website (our “Site”). Through our Site we provide services including news, updates, blogs and other information distributions, volunteer opportunities, contribution opportunities, donation receipts, and other political committee events, promotions, and activities (collectively, “Services”). Your use of our Site and our Services is governed by these Terms of Use, as updated periodically, together with any documents expressly incorporated by reference (collectively, “Terms”). Our Privacy Policy, as updated periodically, can be accessed here and is hereby expressly incorporated into these Terms by reference. References to “you” or “your” mean our Site visitors, blog readers, volunteers, and all other users of our Services. These Terms do not alter in any way the terms or conditions of any other agreement or contract you may have with the PAC for products, services, or otherwise.

Please read these Terms carefully before you start to use the Site or Services. BY ACCESSING OR USING THIS SITE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE, INCLUDING THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES OR THE SITE.

1. Use of the Services

Accessing the Site and Services: You are responsible for both making all arrangements necessary for you to have access to the Site and Services and ensuring that all persons who access the Site or Services through your Internet connection are aware of these Terms and comply with them.

We reserve the right to withdraw or amend the Site, Services, and material we provide through the Services or Site, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site or Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of or the entire Site and/or Services.

Outdated Information:We may update the content of the Site or our Services from time to time, and the content may not necessarily be complete or up-to-date. Any of the material on the Site or Services may be out of date at any given time and we are under no obligation to update such material.

Reliance on Information Posted:The information presented on or through the Site or Services is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Services, or by anyone who may be informed of any of contents of the Site or Services.

Submissions: You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or the PAC that are provided by you in the form of email or other submissions to the PAC, or any postings on the Site, are non-confidential and shall become the sole property of the PAC. The PAC 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.

User Content: The PAC 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 the PAC liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity or other objectionable content you may encounter. Your use of the Site or Services is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms is solely at the PAC’s 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 Site or Services will not contain any content that is prohibited by such rules. The PAC is not liable for any statements, representations, or user content provided by its users in any blog, post, forum, or other interactive area. Although the PAC has no obligation to do so, it reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or stored on its Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any user content you post or store on the Site at your sole cost and expense.

Security: We endeavor to use reasonable security measures to protect against unauthorized access to your data. We cannot, however, guarantee absolute security of your data or Personal Information (as defined in our Privacy Policy) nor can we promise that our security measures will prevent third-party “hackers” from illegally accessing the Site, Services, or their contents. You agree to immediately notify us of any unauthorized use of your data or Personal Information or any other breach of security related to your use of the Site or Services. You further confirm that you understand all risks of unauthorized access to your data and any Personal Information you provide to us.

2. Contribution Policy

All contributions to the PAC, through the Site or otherwise, must be made from a contributor’s own funds, not funds provided to the contributor by another person, and using a personal credit card, not a corporate credit card. Contributions to the PAC are NOT deductible for federal income tax purposes. Contributions may not be made by any federal government contractor, foreign national lacking permanent-resident status in the United States, or using the general treasury funds of a corporation, labor organization, or national bank.

Contributions are subject to federal contribution limits and source prohibitions. Federal law requires us to use our best efforts to collect and report the name, mailing address, occupation, and name of employer of individuals whose contributions aggregate in excess of $200 per election cycle. All contributions to the PAC are final. Refunds and cancellations may be given at the sole discretion of the PAC. If you believe that an error has been made in connection with your online contribution, contact us at 46ActionOK@gmail.com. We will endeavor to work with you to correct any such error. All contribution confirmations will be sent via e-mail. It is your responsibility to provide a correct and valid e-mail address and other contact information.

3. Communications and Mobile Messages

By giving us any contact information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS, and by telephone) from us concerning our Services or Site (collectively, “Communications”). Communications may be those that we are required to send to you by law concerning us, your Personal Information, the Site, or the Services (“Required Communications”).

The Communications may also be those that we send to you for other reasons. You may change the email or phone number on file for your account by contacting us through a means provided in the “Contact” section of these Terms. You may opt out of receiving all Communications, other than Required Communications, via email by clicking the unsubscribe link at the bottom of the emailed Communication. You may opt out of text messages by replying with the word “STOP.” However, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.

If you request to receive communications or information by mobile phone or text message (the “SMS Service”) through the Site, you expressly consent to receiving via your mobile device text messages, including text messages sent by an automatic telephone dialing system (“ATDS” or “autodialer”), from us or a third-party contractor we have retained for their expertise in initiating and transmitting text messages. We do not charge for this SMS Service; however, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations, and all subsequent SMS correspondence and/or transmissions. At any time, you may text STOP to cancel.

Our notices to you via email, regular mail, account notices, posts, or links on the Site or Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

4. Prohibited Conduct

You may use the Site and Services only for lawful purposes and in accordance with these Terms. The Services are for your personal and noncommercial use. You may not use the Site or Services, or assist or encourage any other party, to engage in any of the following prohibited activities:

Any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

To impersonate or attempt to impersonate us, one of our employees, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);

Submitting to the Site or Services or to us any information that may be protected from disclosure by applicable law;

Posting, uploading, transmitting, distributing, creating, or otherwise publishing user content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, discriminatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, misleading, or content that is, in the sole judgment of the PAC, objectionable;

Posting, uploading, transmitting, distributing, creating, or otherwise publishing private or personally identifying information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers, or credit card numbers;

Posting, uploading, or publishing unsolicited promotions, advertising, or solicitations;

Any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

If applicable, avoiding payment of charges or fees payable by you with respect to the Services;

Collecting, automated or non-automated scraping, or harvesting any information relating to an identified or identifiable individual, including names and information about users of the Site or Services, from the Site or Services;

Bypassing the measures we may use to prevent or restrict access to the Site or Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or Services or the content therein;

Accessing the Site or Services to monitor its availability, performance or functionality;

Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or Services, the server on which the Site or Services are stored, or any server, computer, or database connected to the Site or Services;

Attempting to disrupt, degrade, impair or violate the integrity or security of the Site or Services or the computers, services, applications/accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of our internet protocol space;

Using any automated system, including, without limitation, “robots,” “bot,” “spiders,” “offline readers,” or other automatic device, process, or means to access the Site or Services for any purpose or to access the Site or Services in a manner that sends more request messages to us than a human can reasonably produce in the same period of time by using a conventional web browser;

Accessing any content on the Site or Services through any technology or means other than those provided or authorized by the Site and Services;

Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Site’s servers or any data not intended for you; or

Otherwise attempting to interfere with the proper working of the Site or Services.

5. Intellectual Property

Intellectual Property Rights: The Site, Services and their entire contents, features, and functionality including, but not limited to, all information, software, text, displays, logos, images, video, and audio, and the design, selection, and arrangement thereof are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.

Allowable Uses: These Terms permit you to use the Site and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or as provided as part of our Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your web browser for display enhancement purposes.

If applicable, you may print one copy of a reasonable number of pages of the Site or Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

Prohibited Actions: You must not:

Modify copies of any materials from the Site or Services.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site or Services.

Access or use for any commercial purposes any part of the Site or Services or any services or materials available through the Site or Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or Services in breach of these Terms, your right to use the Site and Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site, Services or any content on the Site or Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks. Our name, trademarks, service marks, logos, designs, and slogans are trademarks of ours or our affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Site or Services are the trademarks of their respective owners. You may not use such marks without our, or the respective owner’s, prior written permission.

6. Links from the Site

You may not use a PAC logo or other proprietary graphic of the PAC to link to our Site without the express written permission of the PAC. Further, you may not use, frame or utilize framing techniques to enclose any PAC trademark, logo, or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without the PAC’s express written consent. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright or proprietary right of the PAC or any third party.

If the Site or Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only and the PAC does not control, endorse, or adopt any third party content. This includes links contained in social media links, sponsor or partner links, and advertisements, including banner advertisements, if applicable. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site or Services, you do so entirely at your own risk and subject to the terms and conditions for such websites.

7. Disclaimer of Warranties and Liability

No Guarantee:You understand that we cannot and do not guarantee or warrant that information or files available for downloading from the Site or the Services will be free of viruses or other malware. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site and Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Disclaimer of Warranties: YOUR USE OF THE SITE OR SERVICES, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability: WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON OR COMPANY MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF THE SITE OR SERVICES) ARISING OUT OF OR IN RELATION TO THESE TERMS OR YOUR USE OR INABILITY TO USE OUR SITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE SITE, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SITE OR SERVICES, THE USE OF THE SITE OR SERVICES, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO OUR SITE, THE SERVICES, OR ANY PROGRAM IS TO STOP USING THE SITE AND THE SERVICES AND WITHDRAW FROM ANY PROGRAM IN WHICH YOU ARE ENROLLED. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY US OR ANY OTHER PERSON OR COMPANY REGARDING COMMUNICATION OR CONTENT ON THE SITE. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE OR ONE HUNDRED DOLLARS (USD $100.00).

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Indemnification

By utilizing the Site or the Services you agree to indemnify and hold us, our affiliates, officers, directors, employees, and agents harmless from and against any and all liability, losses, costs, fines, penalties, assessments, and expenses, including attorneys’ fees and costs, incurred by us through your use of the Site or the Services in violation of these Terms including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any termination of the Terms.

9. Cooperation with Law Enforcement and Government Agencies; Required Disclosures

You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or the Services, but we have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.

You understand and agree that we may disclose your Personal Information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent, at your expense), or if we believe that such action is necessary to (i) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (ii) to enforce these Terms, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Site; or, (iii) to exercise or protect the rights, property, or the safety of us, our users, or others.

10. Dispute Resolution

ANY CAUSE OF ACTION OR CLAIM YOU MAY ALLEGE, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Arbitration

Other than for the grounds set forth in the section below labeled “Exceptions to Agreement to Arbitrate”, in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Site or Services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding and confidential arbitration in the State of Oklahoma in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.

The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.

The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.

12. Exceptions to Agreement to Arbitrate.

You and we agree that we may bypass arbitration and go to court to resolve disputes relating to your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents).

13. Class Action Waiver.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

14. Waiver of Jury Trial.

Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.

15. Governing Law, Choice of Venue, and Jurisdiction.

For all legal proceedings arising out of use of the Site, the Services, and/or relating to these Terms and the relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Oklahoma. To the extent litigation is permitted pursuant to these Terms, you and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the State of Oklahoma, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.

16. General Provisions

Relationship: You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Site or Services. These Terms are not intended to confer any third-party beneficiary rights.

Assignment: You may not assign, delegate or otherwise transfer your account or your obligations under these Terms. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third party contractors to fulfill our duties and obligations under these Terms and in connection with the Site or Services.

Interpretation: These Terms, including our Privacy Policy, constitute the sole and entire agreement between you and us regarding the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and Services. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision in the context of the entire Terms, and the other provisions of the Terms shall remain in full force and effect. No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved. Where the context so permits, words used herein in the singular shall include the plural and vice versa.

17. Text Terms and Conditions and Privacy Policy

We are offering a mobile messaging program (the “Program”), subject to these Mobile Messaging Terms and Conditions (the “Terms”). If you do not wish to continue participating in the program or no longer agree to these Terms, you can reply “STOP” to any mobile message from Us in order to opt out of the Program.

We respect your right to privacy. We will only use information you provide to transmit your mobile messages and respond to you, if necessary. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, 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. When you complete forms online or otherwise provide Us information in connection with the Program, 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 We, in Our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts. Please make sure you review those separate Privacy Policies, located on our website, to understand those governing terms.

18. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them to our Site. Your continued use of the Site or Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

19. Minors Under 18 Years of Age

The Site and Services are intended solely for persons who are 18 years of age or older. By using the Site or Services, you represent and warrant that you are of legal age to form a binding contract, typically 18 years of age or older. If you do not meet this requirement, you must not access or use the Site or Services.

20. Contact Us

If you have questions, comments, or concerns regarding these Terms, please contact us at: 46ActionOK@gmail.com.