Terms of Use & limitation of liability
darkpool.llc accepts no responsibility for any and all civil, administrative, or criminal liability in connection with any user browsing this Website, and for the user using the information or downloading any materials from it, including, but not limited to, any liability for errors, inaccuracies, omissions or misleading or defamatory statements. The information might include opinions or view, which, unless expressly stated otherwise, are not necessarily those of darkpool.llc, any darkpool.llc officers, employees, contractors, or any other person(s) in relation to darkpool.llc who could have any potential liability or responsibility.
All content and information might be changed or updated without any notice. darkpool.llc might also make changes or improvements at any time, without any notice.
This Website is provided to users “as is” and darkpool.llc expressly disclaims any and all representations or warranties, express or implied, to the extent permitted by law, including, but not limited to, warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement of third party rights or the presence or absence of any computer virus with respect to the Website service or any materials or content herein.
darkpool.llc hereby expressly excludes itself from liability for any claims, losses, demands or damages of any kind whatsoever with regard to any information, content or services provided at this Website, including, but not limited to, direct, indirect, incidental or consequential loss or damages, compensatory damages, loss of profits or data, or otherwise.
Any user of this Website agrees to defend, indemnify and hold darkpool.llc, its officers, employees and agents, including independent contractors and its assigns harmless from any claims, damages or costs, including attorney fees, arising from or as a result by the user of the use of this Website.
PROHIBITION AGAINST CERTAIN POLITICAL AND COORDINATED ACTIVITIES
Both federal and Ohio Law prohibit public political communications or other political-advocacy expenditures that are the result of any coordination between any candidate, campaign committee, and/or party organization (“HARD SIDE”), and any individual, independent expenditure-only organization (“IEOC” or “superPAC”), nonprofit organization, and/or other committee that intends to make any independent political expenditure, political communication, electioneering communication, or other public communication which advocates the election or defeat of any candidate (“SOFT SIDE”).
“STRATEGIC INFORMATION AND DATA” is generally intended within this Agreement /Terms of Service to mean:
Any non-public information or data relating to the activities, strategies, plans, projects, or needs of either ODP or OPC (or their affiliated entities) for the 2021-2022 election cycle;
Any non-public information or data relating to the activities, strategies, plans, projects, or needs of any candidate, candidate committee, party organization (ie., HARD SIDE) for the 2021-2022 election cycle; and/or
Any non-public information or data relating to the activities, strategies, plans, projects, or needs of any individual, independent expenditure-only organization (“IEOC” or “superPAC”), nonprofit organization, and/or other committee that intends to make any independent political expenditure, political communication, electioneering communication, or other public communication which advocates the election or defeat of any candidate during the 2021 - 2022 election cycle (ie., SOFT SIDE).
STRATEGIC INFORMATION AND DATA includes, but is not limited to, information, messages, discussion, and data concerning campaign strategies, tactics, and themes related to finance, media, public communications, field activities, and advertising, such as:
Donor/supporter lists and databases;
Pre-report campaign finance information;
Strategy memos, plans and drafts;
Voter and district targeting information;
Media production and ad buys;
Polling and focus group results; and
Nonpublic candidate information.
For the purposes of this Agreement/Terms of Service, STRATEGIC INFORMATION AND DATA includes all information, data, and other content presented, displayed, or shared on the Website, or its associated linked websites.
For the purposes of this Agreement/Terms of Service, STRATEGIC INFORMATION AND DATA does not include all information, data, and other content presented or shared at the open sessions of the Event where presentations are jointly presented to the HARD SIDE and SOFT SIDE.
All http://darkpool.llc Website users expressly agree to the following limitations upon the use and all information, data, and other content presented, displayed, or shared on the Website, or its associated linked websites, or in communications related to the upload.
If any user of this Website is employed by, contracts with, represents, advises, and or otherwise acts as an agent for any HARD SIDE organization, the undersigned shall not, discuss, convey, share, or exchange any STRATEGIC INFORMATION AND DATA received or reviewed at the Event with any SOFT SIDE individual, organization, and/or committee (or any of its affiliated entities or agents).
If any user of this Website is employed by, contracts with, represents, advises, and or otherwise acts as an agent for any SOFT SIDE organization, the undersigned shall not, discuss, convey, share, or exchange any STRATEGIC INFORMATION AND DATA received or reviewed at the Event with any HARD SIDE candidate, candidate committee, or party organization (or any of its affiliated entities or agents).
If any user of this Website is employed by, contracts with, represents, advises, and or otherwise acts as an agent for any vendor or contractor who provides services to both the HARD SIDE and SOFT SIDE (“SHARED VENDOR” or “COMMON VENDOR”), the undersigned shall not act as a conduit or other means of exchange of any STRATEGIC INFORMATION AND DATA received or reviewed at the Event between any HARD SIDE candidate, candidate committee, or party organization (or any of its affiliated entities or agents), and any SOFT SIDE individual, organization, and/or committee (or any of its affiliated entities or agents).
PERMITTED EXCHANGE OF PUBLIC AND ADMINISTRATIVE INFORMATION
Notwithstanding the foregoing, any user of this Website may discuss, convey, share and/or exchange the following without limitation:
Information, data, and other content that is obtained from publicly-available sources or communications made to the public by either the HARD SIDE or SOFT SIDE (or any of their affiliated entities or agents).