Terms of Service, Website Disclaimer & Limitation of Liability

1. Nature of the Service

The Site provides public opinion research, polling data, aggregates, prediction market information, analysis, white papers, and related content for informational and research purposes only. Nothing on the Site constitutes legal, financial, campaign strategy, investment, or other professional advice. All content is provided for general informational purposes.

2. No Warranty

THE SITE AND ALL CONTENT, DATA, POLLS, AVERAGES, MARKET INFORMATION, ANALYSES, AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR TITLE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION DISPLAYED ON THE SITE.

3. Third-Party Data and Reliance

A significant portion of the data, polls, averages, prediction market prices, and other information displayed on the Site is obtained from third-party sources, including but not limited to Polymarket, public polling organizations, news sources, and other aggregators. We do not control, independently verify, or guarantee the accuracy, completeness, timeliness, or reliability of any third-party data. You acknowledge and agree that any reliance on such third-party data or on any content from the Site is at your sole risk.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMERICA FIRST POLLING LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00).

5. Indemnification

You agree to indemnify, defend, and hold harmless America First Polling LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (a) your access to or use of the Site; (b) your violation of these Terms; (c) your violation of any rights of any third party; or (d) any content you submit or transmit through the Site.

6. Binding Arbitration and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Cheyenne, Wyoming, unless the parties agree otherwise in writing. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

7. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles. Subject to the arbitration provision above, any legal action or proceeding shall be brought exclusively in the state or federal courts located in Wyoming.

8. Communications and Consent (Including SMS/MMS)

By submitting information through any contact form on the Site or by otherwise opting in, you consent to receive communications from us, which may include emails, text messages (SMS/MMS), and other electronic communications regarding research updates, project communications, and related information.

For text messaging: Message frequency varies. Message and data rates may apply. You may reply STOP to unsubscribe or HELP for help. Consent is not a condition of purchasing any goods or services. We comply with applicable requirements under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and related regulations to the extent they apply to our communications.

9. Privacy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Modifications

We reserve the right to modify these Terms at any time in our sole discretion. Updated Terms will be posted on the Site with a revised “Last Updated” date. Your continued use of the Site after any such changes constitutes your acceptance of the revised Terms.

11. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

12. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and America First Polling LLC concerning the Site and supersede all prior or contemporaneous communications and proposals.

13. Contact

America First Polling LLC — Cambridge, Massachusetts (Kendall Square) — Email: info@americafirstpolling.org