Terms of Use

These Terms of Use ("Agreement") govern your access to and use of the website at pollingstrategies.ai (the "Site"), operated by Polling Strategies ("Polling Strategies," "we," "us," or "our"). By accessing or using the Site, you acknowledge that you have read and agree to this Agreement. If you do not agree, do not use the Site. This Agreement does not govern survey research or advisory services provided under a separate client engagement, which are addressed in the applicable engagement agreement or order form.

1. Data privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and process information in connection with the Site. By using the Site, you acknowledge that you have read and agree to that policy.

2. Lawful use only

You represent and warrant that your access to and use of the Site, and any content or information derived from it, will strictly comply with all applicable local, state, and federal laws and regulations, including any laws governing elections, campaign activity, data protection, and consumer research in your jurisdiction.

3. Prohibited actions

You shall not use the Site to:

• engage in any unlawful activity or coordination;
• share, publish, or misrepresent information in violation of law or your own legal obligations;
• violate campaign finance, election, or disclosure requirements that apply to you; or
• otherwise use the Site for any unlawful purpose.

4. Independent responsibility

You acknowledge that you are an independent visitor and not an agent, employee, or client of Polling Strategies by virtue of using the Site. You are solely responsible for your own compliance with law and for any decisions you make based on information found on the Site. Polling Strategies does not monitor visitor activity for legal compliance and is not responsible for your filings, reports, or decisions.

5. Intellectual property and prohibited use of Site assets

5.1 Our ownership. The Site, including all software, code, user interfaces, design, copy, graphics, logos, trademarks, and any data or content originated or compiled by Polling Strategies, is owned by Polling Strategies or its licensors and is protected by copyright, trademark, and other intellectual property laws.

5.2 No reverse engineering or extraction. You shall not, and shall not permit any third party to:

• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of the Site or any part of it;
• copy, reproduce, or clone the Site's software, code, logic, layout, or functionality for use outside the Site;
• scrape, crawl, harvest, or use automated means to extract content from the Site beyond well-behaved search-engine indexing consistent with our robots directives;
• use the Site or its content to train machine-learning or AI models without our prior written consent; or
• bypass, disable, or circumvent any technical or contractual measures that protect the Site or our intellectual property.

5.3 No plagiarism or misappropriation. You shall not:

• use the Site's code, data, outputs, or design in any product or service that competes with or substitutes for our offerings without our prior written consent;
• claim ownership of, or represent that you created, our software, code, data, or methodologies;
• remove or alter any proprietary notices, labels, or marks on the Site; or
• use our trademarks, trade names, or branding except as expressly permitted by us in writing.

Violation of this Section 5 may result in immediate termination of your access and may expose you to liability for intellectual property infringement and breach of contract.

6. Disclaimers

The Site and all content are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability. We do not warrant that the Site will be uninterrupted, error-free, or secure. Any polling data, statistics, forecasts, or commentary referenced on the Site are illustrative and may not reflect current conditions; you should not rely on them for any decision without independent verification.

7. Limitation of liability

To the fullest extent permitted by law, Polling Strategies and its owners, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your access to or use of (or inability to use) the Site, whether based in contract, tort, statute, or any other legal theory, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to the Site is limited to one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless Polling Strategies and its owners, officers, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), fines, penalties, and liabilities arising from or related to:

• your failure to comply with applicable election, campaign finance, or other laws;
• your misuse of the Site or of any content derived from it;
• your breach of this Agreement, including Section 5 (Intellectual Property); or
• any claim by a third party that your use of the Site infringes or violates that third party's rights.

9. Termination of access

We reserve the right to suspend or terminate your access to the Site immediately, without prior notice, if we reasonably believe that you have violated this Agreement, including by using the Site in a manner that violates the law, infringes our or others' intellectual property, or otherwise poses a risk to the Site or its visitors. Termination does not relieve you of obligations that by their nature survive, including indemnification, confidentiality, and intellectual property restrictions.

10. General

Governing law. This Agreement is governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles, except where a separate written contract between you (or your organization) and Polling Strategies specifies otherwise. You agree to the exclusive jurisdiction of the state and federal courts located in Wyoming for any dispute arising out of or relating to this Agreement or the Site, except that either party may seek injunctive relief in any court of competent jurisdiction.

Entire agreement. This Agreement, together with our Privacy Policy and any applicable engagement agreement or order form between you and Polling Strategies, constitutes the entire agreement between you and Polling Strategies regarding use of the Site and supersedes prior understandings on that subject.

Changes. We may update this Agreement from time to time. We will post the current version on the Site and update the "Last Updated" date above. Continued use of the Site after an update constitutes acceptance of the revised Agreement to the extent permitted by law.

Severability. If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.

Contact. For questions about this Agreement, email hello@pollingstrategies.ai.

11. Access through other entities

If you are accessing the Site as a client of, vendor to, or coalition partner of another entity, you must abide by all the terms set forth in this Agreement. Your access may be suspended or terminated if you use the Site for work unrelated to your relationship with that entity.