Donor Information Collection and Use Terms and Conditions

 

Program Description: One Voice Solutions, Inc. (“One Voice”), on behalf of and as an independent contractor for the entities listed below (collectively, the “Aligned Groups”) is collecting donations, contributions and/or personal information through the use of various telephonic outreach methods (the “Program”), subject to these Donor Information Collection and Use Terms and Conditions (the “Terms”).  By providing your personal information when presented with a link to, or other notice of the existence of, these Terms, you agree that you are bound by these Terms. 

 

User Opt In: The Program allows individuals to make contributions to the entity (the “Organization”) on whose behalf One Voice or a designated subcontractor contacted you, as well as provide your contact information, including, but not limited to, your residential or mobile telephone number, so that Organization and other aligned groups may contact you in the future using the contact information you provided.  For the avoidance of doubt, you acknowledge and agree that the other groups listed below may contact you to the same extent, and to the fullest extent permitted under relevant law, as Organization can by virtue of your voluntary provision of your contact information. 

 

POLITICAL ORGANIZATIONS

Acronym 

American Police Officers Alliance

APOA

American Veterans Honor Fund

AVHF

Committee for Police Officers Defense

CPOD

Firefighter and EMS Fund

FFEMSF

Firefighter Support Alliance

FFSA

National Police Support Fund

NPSF

The League for Law Enforcement and Defense

LSLED

Ranger PAC

RANPAC

Seal PAC

SEALPAC

Restore Law and Order

RLAO

United Breast Cancer Support PAC

UBCSPAC

CHARITIES AND/OR NON-PROFITS

Acronym

Project Liberty

PROLIB

Colorado Police Officers Foundation

COPOF

Florida Police and Troopers 

FLPTA 

Illinois Police Association Inc.

IPA

Fraternal Order of Police Maryland State Lodge

MDFOP

Michigan State Lodge Fraternal Order of Police

MIFOP

New Jersey Police Association

NJPA

Ohio State Troopers Coalition

OHTR 

Pennsylvania Fraternal Order of Police Foundation

PAFOP

South Carolina Fraternal Order of Police State Lodge

SCFOP

West Virginia State Lodge Fraternal Order of Police

WVFOP

 

 

(collectively, the “Aligned Groups”).  For the avoidance of doubt, the Aligned Groups are distinct legal entities, and you understand that they each have their own separate mission and operations.  However, they each rely on contributions from concerned citizens like you, and you understand and agree that your contact information can be used on behalf of these separate Aligned Groups and One Voice, as detailed in these Terms. 

 

Any telephone or mobile messaging service used by Organization, an Aligned Group, OneVoice or a designated subcontractor to communicate with you does not have the capacity to randomly or sequentially generate telephone numbers.  Thus any telephone calls and mobile messages encompassed by these Terms are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”).  Nevertheless, by participating in the Program, you agree to receive autodialed and/or prerecorded calls or text messages from or on behalf of Organization and the Aligned Groups. 

 

User Opt Out: If you no longer wish to receive communications sent on behalf of Organization and wish to opt out of such communications, you can revoke your consent by asking to be placed on Organization’s Do-Not-Call list.  You understand, however, that a do-not-call request made to Organization will not revoke your consent to be contacted by any of the Aligned Groups, and vice versa.  For the avoidance of doubt, your consent to be contacted by Organization and the Aligned Groups listed above is specific to each entity, and thus if you later wish to opt out of receiving future calls or texts from or on behalf of one or more of these entities, you must communicate an opt-out request to each entity separately.

 

Dispute Resolution: In the event that there is a dispute, claim or controversy between you and Organization or an Aligned Group, or between you and any third-party acting on Organization’s or an Aligned Group’s behalf in connection with the Program, arising out of or relating to federal or state statutory claims, common law claims, these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration in Washington, D.C. before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will apply the substantive law of the Washington, DC, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing to JAMS and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).  Notwithstanding the above, in lieu of arbitration, either party may agree to commence, or to require the other party to commence, an individual claim in small claims court if either party determines that the cost of such individual arbitration would be uneconomical compared to proceeding in small claims court, subject to the jurisdictional limits of such court. 

To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.

The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.  Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.

Miscellaneous: You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation.  The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. Organization reserves the right to change these Terms from time to time, or to add individual Organizations to the Aligned Groups above. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes are communicated to you, you accept these Terms, as modified. You further warrant and agree that you will not seek to hold OneVoice liable for any actions taken by another entity, such as a designated subcontractor.