Welcome to Election Worker®. The (http://electionworker.us) website and all associated webpages ( the “Election Worker Site”) is furnished by Trigon Road LLC (“Trigon Road”, “we” or “us”) and is intended to provide an elections and election worker management platform designed to help city and county governments manage elections and manage and communicate with workers. These Terms of Service are an agreement between Election Worker and any and every user of the Election Worker Site and/or Services (“you”, “your”, etc.). The Terms of Service govern your access to, and use of, the Election Worker Site and Services.
By accessing, browsing, or otherwise using the Election Worker Site or Services, you agree to be bound by these Terms of Service, including any subsequent changes or modifications to them, which together with our Privacy Policy (http://electionworker.us/privacy-policy.cfm) govern the relationship between Election Worker and all users of the Election Worker Site and Services. If you do not agree to these terms of service or any changes, do not access or otherwise continue to use the Election Worker Site and Services. Your right to access the Election Worker Site and Services terminates immediately upon any breach of these Terms of Service.
The Election Worker Site and Services are intended to be used by subscribing organizations (“Subscriber(s)”) to assist in the management of elections and election workers by facilitating communication by and between those organizing and managing the Accounts (“Account Administrator(s)”), staff and personnel associated with the Accounts (“Staff”) and the workers of the various Accounts (“Workers”) to manage the schedules, equipment and other items used by Workers and Staff of the Accounts. This is the “Intended Purpose” of the Election Worker Site and Services. The Intended Purpose does not include commercial use of any kind, nor does it include the storage, use or sale of information outside the Election Worker Site. Information made available to you through your use of the Election Worker Site and Services is for use solely for the Intended Purpose.
You represent and warrant to Election Worker that you are authorized by these Terms of Service to access the Site and Services. You further represent and warrant that:
Account Administrator(s) and Staff of a Subscriber may access the Account’s Election Worker Site and Services and use the Election Worker Site and Services to establish and manage that Account for the Subscriber.
Bona fide Workers (including workers) and staff of a Subscriber, if and so long as authorized or invited by the Subscriber or Account Administrator(s), may register as Staff, and once registered, access and use the Election Worker Site and Services.
Subscribers, Account Administrators, Staff and Workers may only access those portions of the Election Worker Site and Services made specifically available to them. Any access or attempted access to other portions or functions of the Election Worker Site and Services is strictly prohibited and may result in the imposition of civil and criminal penalties as well as loss of access to the Election Worker Site and Services.
The Election Worker Site and Services may be used solely for the Intended Purpose. All other uses of the Election Worker Site and Services are strictly prohibited.
The Election Worker Site and Services may be used solely for lawful purposes. The transmission, storage, or presentation of any information, data, or material in violation of any law, rule or regulation is strictly prohibited. The Election Worker Site and Services will comply with all applicable laws, rules or regulations and, in the event of any conflict with these terms, such laws, rules and regulations shall take precedence.
You agree not to impersonate any other person or entity or use any false name or use any other person's user login and password to access the Election Worker Site or Services. We reserve the right to withdraw or cancel any user logins and passwords at any time without notice and in our sole and absolute discretion. We may allocate (or refuse to allocate) a new user login and password where we have reason to believe that any user login and password has been inappropriately disclosed, discovered, used or misused by any person, or for any other reason.
If you are a Worker, you agree that their user profiles may be viewed by Subscribers, Staff other Workers of the Accounts of the Subscriber; this includes their profile photos or avatars.
You agree that any information that they provide to the Election Worker Site and Services, including first name, last name, email address, and any other information will be collected, maintained and used in order to provide the Services to their Accounts in accordance with these Terms, our Privacy Policy, and any agreement entered into by the Subscriber or Account.
You acknowledge and agree that they will not upload or transmit (using the Election Worker Site or Services) any information or material that violates or infringes, in any way, the rights of others (including their copyrights, patents, trademarks or trade secrets), or which is unlawful, threatening, abusive, defamatory, libelous, invasive of the privacy of others, violates proprietary or publicity rights, or is vulgar, obscene, profane, harassing or otherwise objectionable to us and that we may delete or block any such material, in our sole and absolute discretion without the consent of Subscribers, Account Administrators, Staff or Workers.
Election Worker takes no responsibility to filter, censor, edit or regulate information and content provided by you or others on the Election Worker Site and Services, including content uploaded in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. However, we reserve the right to view and remove or delete anything you disclose or offer to us by or through the Election Worker Site and Services, including email, postings, which we find offensive, abusive, infringing or undesirable for any reason in our discretion.
Spamming, or the sending of unsolicited email, from our server or using an email address or domain that is maintained on our machine as reference is strictly prohibited. Framing, mirroring, scraping or data-mining of the Election Worker Site and Services or any of its contents in any form or by any method (using bots or otherwise) is strictly prohibited. You acknowledge and agree that you will not upload or transmit through the Election Worker Site and Services any information or material that could cause or introduce a software virus, denial-of-service, or other disruptive Account.
Minors under the age of 18 years may not become Account Administrator(s) or Subscribers. If you have registered a user profile on behalf of a minor (as a parent or guardian or otherwise), or otherwise authorized a minor to use a user login or password to access the Election Worker Site and Services, you are fully responsible for: (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Election Worker Site and Services and (iii) the consequences of any misuse.
Election Worker requires that the parents or legal guardian of a minor under age of 13 years to confirm their authority and affirmatively consent to the use of the Election Worker Site and Services by such minors. Election Worker will provide access to a minor’s account to the minor’s parents, legal guardian or other authorized adult, upon such adult’s request consistent with applicable law.
For detailed information on how the Election Worker Site and Services collects, and uses your personal information, please see our Privacy Policy (https://electionworker.us/privacy-policy.cfm).
The Election Worker Site and Services is our property including brands, products, prices, services and promotional Accounts, advertising, trademarks, audio and video, images, featured articles, surveys, applications, or other information and content (collectively, “Content”), each of which (whether registered or not) is protected under copyright and trademark laws and/or other laws, rules and regulations of the United States and other countries.
Specifically, the Election Worker Site and Services are copyrighted as our collective work under the copyright laws. We own the copyright in the overall design, layout, appearance, selection, coordination, arrangement and enhancement of such content, and own the rights in (or possess a license to use) the individual components of such Content. Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, nor may it be downloaded except as necessary to facilitate the Services for the Intended Purpose. Your access to Content is not a transfer of title in any Content, and by your use of the Election Worker Site and Services, you acknowledge that you do not acquire any license, ownership or other rights to the Content or any intellectual property in or related to any such Content. Election Worker does not grant any express or implied right or license to you under any patent, trademark, copyright, trade secret, or any other intellectual property displayed on, connected to, or related to the Election Worker Site and Services.
Use or modifications of the Content, other than to use the Election Worker Site and Services for the Intended Purpose,, without our authorization is a violation of our copyright, trademark and other proprietary rights or the rights of others, and may violate other laws, including, but not limited to, the laws of privacy and publicity and communications regulations and statutes.
On various platforms, including our blog and social media pages, we make it possible for you to easily share our content using your own social media accounts. So long as you don’t alter any of our Content, you may share it to your own social media pages. Any other use of our Content on any other web site without our express written consent is prohibited.
Election Worker reserves the right to enforce our intellectual property rights to the fullest extent of the law including, but not limited to, recovery of any damages and any associated legal and other costs incurred by us and criminal prosecution when and where appropriate.
Election Worker may provide you with a means to provide feedback, ideas, testimonials, or suggestions (“Feedback”) regarding the Election Worker Site and Services. If you choose to provide Feedback to us, you agree that you retain no rights in such Feedback. Election Worker shall own all rights, including intellectual property rights, thereto. You hereby assign all such rights to us. By providing Feedback to us, you warrant that such Feedback constitutes your original work and grant to us, the unlimited, perpetual right to own, use, redistribute, modify and create derivative works from such Feedback for any purpose and in any media without compensation, and you warrant that you waive all “moral rights” in such Feedback.
The Subscriber permits the Election Worker Site and Services to include the Account’s Name and/or County, City, and State in a list of Election Worker Site and Services customers, online or in promotional materials, and to verbally reference the Account’s Name and/or County, City, and State as a customer.
You are solely responsible for your activities on the Election Worker Site and Services, including all Content that you submit or a third party submits on your behalf or using your account as well as all Content you post on our social media pages. You agree to indemnify Election Worker and its directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Services, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all Content that you submit or a third party submits on your behalf or using your identity.
This Agreement applies to all users of the Election Worker Site or Services including Subscribers.
If you are, for example, an individual who is invited to be or added as a Worker of a class or group by a Account Administrator, you are a Worker. If you are Staff and have been given administrative rights, then you are an Account Administrator. If you are agreeing to this Agreement on behalf of a Municipality, such as a County, City, or Village, you are a Municipality. Please read on below to find out what additional terms apply to you.
If you are a Municipality (such as a county, city, or village):
If the Election Worker Site and Services acknowledges you as an Account Administrator of your Account, you may have the ability to perform the following tasks:
The Subscriber shall pay Fees for access and use of the Election Worker Site and the Services as set forth in the pricing schedule http://electionworker.us/index.cfm#pricing or as otherwise agreed upon. Unless specified otherwise in the pricing schedule, all Fees are due thirty (30) days from the invoice date.
Election Worker has the right to charge interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date for any delinquent payments until paid in full. The Subscriber will be responsible for all reasonable expenses (including attorneys' fees) incurred by the Election Worker Site and Services in collecting delinquent amounts. Election Worker has the right to disable your Election Worker Site and Services Account if delinquent until such a time your Election Worker Site and Services Account is in good order.
Election Worker reserves the right to charge a reasonable hourly fee for services related to “Account Clean-Up”, “Data Imports” and “Data Clean-up” that fall outside of Election Worker's regular customer service practices.
Election Worker does not guarantee that its security measures will be effective under all conditions. If Election Worker discovers a data breach within the meaning of Article 4.12 of the GDPR, it will notify all subscribers without undue delay.
The Election Worker Site and Services may provide links on the Election Worker Site to other third party sites or content. Election Worker has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked by the Election Worker Site and Services. Election Worker provides links to you only as a convenience, and the inclusion of any link on the Election Worker Site and Services does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Election Worker Site and Services, our Terms of Service no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
You acknowledge that the Election Worker Site and Services are provided “as is” and without any warranties of any kind whatsoever. Neither Election Worker, nor any of our employees or agents, warrant that the services will be uninterrupted, error free, or free from viruses or other harmful components. Election Worker is not responsible for and hereby disclaim any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the information and/or completeness. Election Worker expressly disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement.
Under no circumstances will Election Worker, its officers, employees, directors, affiliates or subsidiaries or other third parties mentioned in, or involved in creating, producing, or delivering the Election Worker Site and Services be liable for any compensatory, direct, incidental, consequential, indirect, special or punitive damages whatsoever (including, without limitation, costs and expenses of any type incurred, lost profits, lost data or Accounts, and business interruption) arising out of your access to, use of, inability to use or the results or use of the Election Worker Site and Services, any websites linked to the Election Worker Site and Services, or any materials contained at any or all such sites (including, without limitation, those caused by or resulting from a failure of performance, error, omission, linking to other web sites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure or destruction, unauthorized access to, alteration of, or use or misuse of any computer or system) whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions or conduct of any Worker or other third party. Any cause of action you may have with respect to your use of the Election Worker Site or Services must be commenced within one (1) year after the claim or cause of action first arises. Election Worker’s maximum liability related to the Election Worker Site and Services shall be $100.00.
To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. In such jurisdictions, you nonetheless agree that Election Worker’s maximum liability related to the Election Worker Site and Services shall be $100.00.
You assume all responsibility and risk for the use of the Election Worker Site and Services and the Internet in general.
Election Worker is not responsible for any damage to your computer, mobile device or any other equipment or any corruption, unauthorized access to or loss of data that may result from your use of the Election Worker Site and Services. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of visiting the Election Worker Site and Services. Election Worker has no legal duty to update or correct information on this website or the Internet in general.
Election Worker has attempted to properly display the colors and proportions of our products and services shown on the Election Worker Site and Services. However, colors and proportions may not appear accurately depending on your equipment.
This Terms of Service and any transactions on this Service shall be governed by and construed in accordance with the laws of the Wisconsin applicable to agreements made and entirely to be performed within the State of Wisconsin, without resort to its conflict of law provisions.
IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, TO ENJOIN OR RESTRAIN THE OPERATION OF THE ELECTION WORKER SITE OR SERVICES.
ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THAT ARE NOT RESOLVED BY MUTUAL AGREEMENT MAY BE RESOLVED BY BINDING ARBITRATION TO BE CONDUCTED BEFORE AXLEY ATTORNEYS OR ITS SUCCESSOR (“AXLEY”). UNLESS OTHERWISE AGREED BY THE PARTIES, ARBITRATION SHALL BE HELD IN MADISON WISCONSIN BEFORE A SINGLE ARBITRATOR MUTUALLY AGREED UPON BY THE PARTIES, OR IF THE PARTIES CANNOT MUTUALLY AGREE, A SINGLE ARBITRATOR APPOINTED BY AXLEY, AND WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY AXLEY UNLESS SPECIFICALLY MODIFIED IN THESE TERMS. THE ARBITRATION MUST COMMENCE WITHIN FORTY-FIVE (45) DAYS OF THE DATE ON WHICH A WRITTEN DEMAND FOR ARBITRATION IS FILED. THE ARBITRATOR’S DECISION AND AWARD WILL BE MADE AND DELIVERED WITHIN SIXTY (60) DAYS OF THE CONCLUSION OF THE ARBITRATION AND WITHIN SIX (6) MONTHS OF THE SELECTION OF THE ARBITRATOR. THE ARBITRATOR WILL NOT HAVE THE POWER TO AWARD DAMAGES OF ANY SORT OR AMOUNT DISCLAIMED IN OR LIMITED BY THESE TERMS AND MAY NOT MULTIPLY ACTUAL DAMAGES OR AWARD PUNITIVE DAMAGES. THE ARBITRATOR MAY, IN HIS OR HER DISCRETION, ASSESS COSTS AND EXPENSES (INCLUDING THE LEGAL FEES AND EXPENSES OF THE PREVAILING PARTY) AGAINST ANY PARTY TO A PROCEEDING. ANY PARTY REFUSING TO COMPLY WITH AN ORDER OF THE ARBITRATOR WILL BE LIABLE FOR COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, INCURRED BY THE OTHER PARTY IN ENFORCING THE AWARD. NOTWITHSTANDING THE FOREGOING, IN CASE TEMPORARY OR PRELIMINARY INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF IS APPROPRIATE, ELECTION WORKER MAY PROCEED IN COURT WITHOUT PRIOR ARBITRATION FOR THE PURPOSE OF AVOIDING IMMEDIATE AND IRREPARABLE HARM. THE PROVISIONS OF THIS ARBITRATION SECTION AND ANY AWARD RENDERED BY THE ARBITRATOR WILL BE ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
YOU UNDERSTAND THAT EXCEPT FOR THESE TERMS, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THE CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
As to any dispute or claim not subject to arbitration, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state or federal court in Dane County, Wisconsin and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Terms of Service and shall be tried to a judge and not a jury.
ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS WORKER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). YOU EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. NO ARBITRATOR OR COURT SHALL HAVE THE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION OR COURT CASE. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR.
The failure of Election Worker to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. Some of the waivers and limitations of your rights set forth in in these Terms of Service may not be enforceable in certain jurisdictions, and therefore you may have additional rights. If any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
Election Worker may suspend or terminate any access or use of the Election Worker Site and Services for failure to comply with these Terms of Service, for providing Election Worker with untrue or inaccurate information, for infringement upon Election Worker’s proprietary rights, or for any reason whatsoever, or for no reason.
We reserve the right to monitor our systems electronically and to access and disclose any information as is permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason we in good faith deem necessary.
Third Party Materials and other materials may be made available via the Election Worker Site and Services by third parties not within our control. This may include documents and other products that are the copyrighted works of publishers, content uploaded by users and other materials. We are under no obligation to, and do not, scan content posted or otherwise attempt to confirm that such content does not infringe. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright or intellectual property rights to remain on the Election Worker Site and Services. If you believe any materials on the Election Worker Site and Services infringe a copyright or other intellectual property right, you should provide us with written notice that at a minimum contains:
DMCA Notices should be directed by email to: support@trigonroad.com or by mail to: Trigon Road, LLC, 6105 Spring Pond Court, McFarland, Wisconsin 53558
It is Election Worker’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that Election Worker determines are reasonable under the circumstances.
Logos and designs and other trademarks displayed on the Election Worker Site and Services are our trademarks unless otherwise indicated. You agree not to display or use any logo or other trademark of Election Worker in any manner without our prior, written consent.
By accepting these Terms of Service, you agree to receive advertising, marketing materials, and other promotional communications from us. Periodic advertising and notifications from or about us and our products and services will normally be, but is not limited to, email and other electronic or other communication. If you do not wish to receive some or all e-mail marketing communications, email us at: support@trigonroad.com.
We reserve the right, without notice and in our sole and absolute discretion, to terminate your account and your license to use the Election Worker Site and the Services and to block or prevent future access to and use of the Election Worker Site or Services. Without limiting the foregoing, and in accordance with the Digital Millennium Copyright Act (DMCA), it is Election Worker's policy to terminate, in appropriate circumstances as determined in our sole and absolute discretion, subscribers or account holders who we determine are repeat infringers. If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Service and shall not affect the validity and enforceability of any remaining provisions. If you believe your copyright has been violated by material uploaded by a user of the Election Worker Site and Services, please email us at support@trigonroad.com.
Election Worker reserves the right to change or modify any of the terms and conditions contained in this Terms of Service, at any time and in its sole and absolute discretion. If Election Worker decides to change this Terms of Service, it will post a new version of the Terms of Service and update the effective date set forth above. Any changes or modifications to this Terms of Service or policy will be effective upon posting of the revisions. Your continued use of the Election Worker Site and Services following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review the Terms of Service and any other applicable policies, including their dates, to understand the terms and conditions that apply the Election Worker Site and the Services.
Policy last revised: June 2023