TERMS OF SERVICE FOR VOTEFLARE ON THE MYDATACAN PLATFORM

Welcome to VoteFlare, a voter registration monitoring service offered by the Data Privacy Lab at Harvard University (“Harvard”) on the Harvard Data Privacy Lab’s MyDataCan platform.

By accessing content on the voteflare.org website (the “Site,” which includes all pages within the voteflare.org web domain), subscribing to or using the VoteFlare app (the “App”) on MyDataCan, and/or accessing the VoteFlare Service, you accept and agree to be bound by the following Terms of Service:

  1. Scope and Description of Service. The VoteFlare Service (the “Service”) is a voter registration monitoring service offered by the Data Privacy Lab at Harvard University. The Service includes all services provided to you by VoteFlare, including the Site and the App. We explain below how the Service works, what it does and does not do, and what its limitations are.

    Here is how the Service works:

    • You set up a MyDataCan User Account. In order to use the Service, you will need to establish a user account (“User Account”) with MyDataCan. Then you can subscribe to the App.
    • You provide your Home State and Required Information. When you subscribe to the App, VoteFlare gives you access to the VoteFlare website (the “Site”). The Site will ask you to identify the state (including the District of Columbia) where you live and where you believe you should be registered to vote. The state that you identify is your “Home State.” Depending on the Home State you have identified, VoteFlare will prompt you to input certain Required Information. The “Required Information” is any information that VoteFlare needs in order to access your Home State’s Voter Registration Database on your behalf or compare to a Registered Voter List issued by your Home State.

      Most, but not all, states or counties have established online webpages that residents can access in order to verify the current status of their voter registration and/or access additional information about voting (such as the location of their polling places or vote-by-mail options). When we talk about “Voter Registration Databases” in these Terms of Service, we are referring to these web-based resources.

      Several states’ voter registration authorities also make available full lists of their registered voters. When we talk about “Registered Voter Lists,” we are referring to these lists. 

    • You pay for the Service. VoteFlare is a non-profit project. Nevertheless, VoteFlare needs to charge you for the Service so that it can cover its costs. You may purchase the Service by credit card option or entering a coupon code, or you may gain access to the service free of charge during a promotion.
    • VoteFlare monitors your voter registration status. VoteFlare monitors your voter registration by periodically checking your Home State’s Voter Registration Database and/or its Registered Voter List.

      If your Home State is one for which VoteFlare checks the state’s Voter Registration Database, VoteFlare will periodically visit the webpage of that database, enter your Required Information, and record into MyDataCan the registration information reported back by the database, as of that date and time.

      If your Home State is one for which VoteFlare checks the state’s Registered Voter List, VoteFlare will periodically obtain the state’s most recent Registered Voter List and compare your Required Information against that latest list.

    • VoteFlare keeps you updated you about your voter registration status. VoteFlare will send you an email, a text message, or a recorded phone message (according to your preference) to tell you about the following developments:
      • VoteFlare has checked your Home State’s Voter Registration Database or Registered Voter List for the first time and has found that you are not registered to vote in your Home State.
      • VoteFlare has checked your Home State’s Voter Registration Database or Registered Voter List and has found that your voter registration status has changed.

      Other than the notifications described above, we will not disclose any details about your registration status or voter information in any of these communications. You will be required to log in to the Site to see the details. We will not ask you for any personal information in any of these communications, either.

      In addition, you may log in to the MyDataCan platform at any time and see the most recent information captured by VoteFlare when it last checked your Voter Registration Database or Registered Voter List, along with historical information from prior VoteFlare captures from your Voter Registration Database or Registered Voter List. You may also access this information on the VoteFlare website, which receives a feed of the information stored in MyDataCan. 

    • Upon request VoteFlare connects you with someone who can assist you with your voter registration. Depending on your Home State, VoteFlare may have partner organizations (“Registration Partners”) that can help you register to vote. The App includes a setting that allows you to choose whether you would like to have a representative of one of our Registration Partners contact you, either upon your request or when your voter registration has changed.
    • **Special Feature for January 2021 Georgia Elections** Upon request, where available, and while supplies last, VoteFlare may provide you with a Lyft ride to your polling station, if you are voting in the January 2021 election in Georgia. VoteFlare includes an option by which you may request a ride to your polling station, and VoteFlare will arrange for a Lyft driver to take you there. VoteFlare has set aside funds to cover these Lyft rides. If you request a ride and the fund is not depleted, your Lyft ride will be free. You will be notified at the time you request the ride whether it is available for free.

    Some Important Caveats:

    • VoteFlare *does not* register you to vote. VoteFlare only checks to see whether you are registered in the Home State you listed and, if so, monitors whether you continue to be registered.
    • VoteFlare *does not* change or correct your voter information. VoteFlare only tells you about your registration status.
    • The VoteFlare Service is available only through Election Day: January 5, 2021. VoteFlare may make this voter registration monitoring service available for subsequent elections. We will try to keep you posted.
    • VoteFlare relies on the information recorded in the Voter Registration Databases and Registered Voter Lists. VoteFlare’s purpose is to report back to you the information given to us by your Home State at that date and time. If the information contained in a Voter Registration Database or Registered Voter List is incorrect or not updated, VoteFlare will not know it. VoteFlare does not verify or guarantee that the information provided by your Home State in these Databases or Lists is accurate.
    • VoteFlare only checks your voter registration status in the Home State you listed. VoteFlare does not check to see if you are registered in any other state. If you entered the wrong Home State, VoteFlare will not know. If you maintain residences in more than one state and you are not sure if you are registered in both or all states, you will need to choose just one Home State at a time for VoteFlare to monitor. It is not possible for VoteFlare to monitor more than one Home State from a single User Account.
  1. Appropriate Use/ Conduct. You agree that you are responsible for your own use of the Service. You agree that you will use the Service in compliance with these Terms of Service and all applicable local, state, national and international laws, rules and regulations, including privacy and copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.

    In addition, you agree that you will not:

    • Impersonate any other person, including by establishing a User Account under another person’s name or using another person’s personal information;
    • Access the Service for any reason other than to access your own voter registration status or other voting information;
    • Reverse-engineer the Service;
    • Use the Service in any manner intended to damage, disable, overburden, interfere with or disrupt any part of the Service, the MyDataCan platform (“the Platform”) or the computer equipment or network(s) connected to either the Platform or the Service, or any other User’s access to or use of the Platform or the Service;
    • Attempt to gain unauthorized access to the Platform or the Service, any Platform or Service user accounts, or computer equipment or networks connected to the Platform or Service via hacking, password mining, or any other means;
    • Obtain or attempt to obtain any materials or information on or via the Platform or the Service not intentionally made available to you through the Platform or the Service;
    • Copy or use any portion of the Service;
    • Use any high volume, automated, or electronic means to access the Service (including without limitation robots, spiders or scripts);
    • Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; or
    • Force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Service.
  1. Consent to Collection and Use of Information. The Service may collect data for each User. You acknowledge that you have read and understand the MyDataCan Privacy Statement and VoteFlare Privacy Addendum. 
  1. DISCLAIMER OF WARRANTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN OR OBTAINED THEREBY ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES; (B) THE SERVICE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE WILL BE UNINTERRUPTED, TIMELY, OR SECURE; (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, OR RELIABLE; OR (D) ANY DEFECTS IN OR ON THE SERVICE WILL BE CORRECTED. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SERVICE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SERVICE MAY BE IMPAIRED.
  1. LIMITATION OF LIABILITY. EXCEPT INSOFAR AS THE FOLLOWING LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR EARNING POWER, LOSS OF DATA, LOSSES DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF THE SERVICE, UNAVAILABILITY OF ANY SERVICE, SERVER, OR COMMUNICATIONS FACILITY, OR DAMAGES DUE TO ACTS OR OMISSIONS OF OTHERS USING THE SERVICE), ARISING OUT OF OR RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION YOUR AND OTHERS’ USE OF OR INABILITY TO USE THE SERVICE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, IN THE WAYS DESCRIBED IN THE PRECEDING SENTENCE), WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, WILL NOT EXCEED THE AMOUNT, IF ANY, THAT YOU PAID US TO USE THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT WE HAVE BEEN NEGLIGENT OR OTHERWISE AT FAULT.

    YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE ESSENTIAL TO OUR WILLINGNESS TO MAKE THE SERVICE AVAILABLE TO YOU. EACH OF THESE DISCLAIMERS AND LIMITATIONS IS INTENDED TO BE SEPARATELY ENFORCEABLE, REGARDLESS OF WHETHER ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    YOU ACKNOWLEDGE THAT, FOR PURPOSES OF THE FOREGOING DISCLAIMERS AND LIMITATIONS, AS WELL AS THE INDEMNITY AND THIRD-PARTY PROVISIONS IN SECTIONS 6 AND 7 BELOW, THE TERMS “WE,” “OUR,” “US” AND “VOTEFLARE” INCLUDE THE CORPORATE BODY PRESIDENT AND FELLOWS OF HARVARD COLLEGE, ALSO KNOWN AS HARVARD UNIVERSITY, AND ITS VARIOUS SCHOOLS, THE MEMBERS OF ITS GOVERNING BOARDS, AND ITS OFFICERS, FACULTY MEMBERS, EMPLOYEES, AND FELLOWS, AND TO THE EXTENT THEY ARE WORKING ON THE VOTEFLARE PROJECT, ITS STUDENTS, CONTRACTORS AND REPRESENTATIVES (TOGETHER, THE “COVERED PERSONS”).

    CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OR REGULATIONS OF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. Indemnification. You agree to indemnify and hold harmless us (as defined for this purpose in Section 5 above) from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of the Service in violation of these Terms of Service; or (b) your violation of any law or rights of any third party.
  1. Links and Third-Party Apps and Services. The Service may include hyperlinks or referrals to websites or applications maintained or controlled by others, including apps developed and deployed by third parties for use on the Platform, services and support offered by Registration Partners, and rideshare programs and services. We are not responsible for and do not approve or endorse the contents or use of any of the information, products, or services that may be offered by these third-party websites or applications. If you decide to access linked third-party websites or applications, you do so at your own risk. You expressly relieve VoteFlare from any liability arising from your use of any third-party site. You expressly relieve Harvard and the Covered Harvard Persons from any liability arising from your use of any third-party website or application.
  1. Choice of Law. You agree that the Terms of Service and any claim or dispute arising out of or relating to the Terms of Service or your use of the Service will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Middlesex or Suffolk County, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or inconvenience of forum).
  1. Whole Agreement/ Amendments. These Terms of Service and the Privacy Policy together constitute the entire agreement between you and Harvard with respect to your use of the Platform and this Service. Harvard reserves the right to amend these Terms of Service at any time. The Service will post notice of changes to the terms on this webpage, and by accessing the Service after modifications to these Terms of Service have been posted, you agree to be bound by all the modified terms. Accordingly, you should periodically revisit this page to review the then-current Terms of Service.

Revised January 4, 2021