Terms of Service

1. The Deal

VoteOut (“VoteOut,” “we,” “us”) is a civic-information website operated by Bryan Weaver, a Texas sole proprietor, at voteouteveryone.com. By using the site or buying anything from us, you (“you,” the “user”) agree to these Terms of Service. If you do not agree, do not use the site.

2. What VoteOut Is

VoteOut is an independent political-speech project. Its purpose is to help voters identify which candidates on their ballot are incumbents so they can make informed decisions about whether to replace them. The site’s viewpoint is anti-incumbent: it advocates the defeat of incumbents from all parties equally.

VoteOut is not affiliated with any candidate, campaign, political party, political action committee, or government body. VoteOut does not coordinate with any candidate or committee. VoteOut does not endorse any specific challenger.

3. Opinion, Commentary & Political Speech

VoteOut’s content about named individuals is limited to two things: (a) identifying people as currently employed by the government or as incumbents in an election, based on public records; and (b) advocating that incumbents as a class be replaced. VoteOut does not make claims about any individual’s character, competence, record, voting history, statements, or personal conduct.

Factual identification (e.g., “this person is the incumbent in District X”) is sourced from public records including the FEC, state secretary-of-state filings, and official government rosters. Anti-incumbent advocacy is constitutionally protected political speech.

By using the site, you acknowledge that you understand the difference between factual incumbent identification and the site’s categorical anti-incumbent viewpoint, and you waive any claim that VoteOut’s advocacy viewpoint, standing alone, harmed any individual.

4. Information Accuracy — Always Verify Your Ballot

Ballot information is sourced from public APIs (Google Civic Information, OpenFEC, OpenStates) and static fallback data maintained by VoteOut. We do our best to keep the data accurate but cannot guarantee it is complete, current, or error-free.

Always verify your ballot with official sources before voting — typically your Secretary of State, County Clerk, or the U.S. Election Assistance Commission. VoteOut is a reference tool, not an official ballot.

5. Postcard Sales

When postcard sales are available, you may purchase a physical postcard listing the incumbents on your ballot. The postcard is mailed only to the address you provide as the buyer. Delivery is fulfilled by a third-party print-and-mail provider (currently Lob) and typically arrives within 5–10 business days of order confirmation.

All sales are final once the order has been submitted to the print provider. If your postcard does not arrive within 15 business days, or arrives damaged, contact support@voteouteveryone.com and we will reprint and resend at no additional charge.

Payments are processed by Stripe. We do not see or store your payment card number.

6. Not a Campaign Contribution

The price of a VoteOut postcard is the price of a printed-and- mailed product. It is not a campaign contribution to any candidate, campaign, or political committee, and it is not tax-deductible. You will not receive a campaign finance receipt.

7. Acceptable Use

You agree not to use the site to: (a) submit addresses you are not authorized to use; (b) scrape, copy, or republish ballot data at scale without permission; (c) attempt to compromise the security of the site; (d) impersonate any person or entity; (e) use the site for any purpose that violates applicable law; or (f) use postcard sales to send unlawful, harassing, or threatening communications.

VoteOut may suspend or block access for users who violate these rules and may cancel and refund any order that appears to violate these rules.

8. Intellectual Property

VoteOut’s source code, design, brand, and written content are the property of Bryan Weaver, a Texas sole proprietor. All rights reserved. You may link to the site freely. You may not copy, reproduce, or redistribute the source code, branding, or site content to build a competing product or service without prior written permission.

Candidate names, likenesses, and campaign materials depicted on the site or on postcards are used for the purpose of news reporting, commentary, and political speech about matters of public concern, which we believe constitutes fair use under 17 U.S.C. § 107. If you are a candidate or rights-holder and believe content should be removed, see Section 9.

9. Copyright Complaints (DMCA)

If you believe content on the site infringes your copyright, send a written notice to support@voteouteveryone.com including all of the following, as required by 17 U.S.C. § 512(c)(3):

• Your physical or electronic signature.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the infringing material and its location on the site (URL).
• Your contact information (address, phone, email).
• A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the rights-holder or authorized to act on their behalf.

We will respond to valid notices in accordance with the DMCA. We reserve the right to terminate access for repeat infringers.

10. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. VoteOut does not warrant that the site will be uninterrupted, secure, or error-free, or that ballot information will be accurate or complete.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOTEOUT’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR A POSTCARD PURCHASE IS LIMITED TO THE AMOUNT YOU PAID VOTEOUT IN THE 12 MONTHS PRECEDING THE CLAIM, OR $50, WHICHEVER IS GREATER.

VOTEOUT IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA, EVEN IF VOTEOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN DAMAGES, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless VoteOut and its operator, officers, employees, and agents from any claim, liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising from (a) your misuse of the site, (b) your violation of these Terms, (c) your violation of any law or the rights of any third party, or (d) content you submit to the site.

13. Binding Arbitration & Class Action Waiver

Please read this section carefully. It requires you and VoteOut to resolve most disputes through individual binding arbitration and waives your right to a jury trial and to participate in a class action.

Agreement to arbitrate. You and VoteOut agree that any dispute, claim, or controversy arising out of or relating to these Terms, the site, or a postcard purchase (including non-contractual claims) will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will be conducted by a single arbitrator, by telephone or video unless both parties agree otherwise, applying Texas law. Judgment on the award may be entered in any court of competent jurisdiction.

No class actions. You and VoteOut each agree that any arbitration or legal proceeding will be brought solely in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative action.

Exceptions. Either party may (a) bring an individual action in small-claims court if eligible, or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual-property rights or prevent unauthorized use of the site.

Opt-out. You may opt out of this arbitration agreement within 30 days of first agreeing to these Terms by emailing support@voteouteveryone.com with the subject line “Arbitration Opt-Out” and including your name and the email address you used for any VoteOut order. Opting out of arbitration does not opt you out of any other part of these Terms.

Severability of this section. If the class- action waiver is found unenforceable as to any claim, that claim must be severed and litigated in court under Section 14, but the remainder of this Section 13 remains in effect.

14. Governing Law & Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. For any dispute not subject to arbitration under Section 13, exclusive venue lies in the state or federal courts located in Harris County, Texas, and both parties consent to personal jurisdiction in those courts. Nothing in this section limits rights you may have under a consumer-protection statute of your state of residence that cannot be waived by contract.

15. General Provisions

Entire agreement. These Terms, together with the Privacy Policy and any order confirmation, are the entire agreement between you and VoteOut and supersede any prior agreement on the same subject.

Severability. If any provision is held unenforceable, the rest remains in force and the unenforceable provision will be modified only to the extent necessary.

No waiver. VoteOut’s failure to enforce any provision is not a waiver of its right to do so later.

Assignment. You may not assign these Terms. VoteOut may assign these Terms to a successor entity, including in connection with a change of business structure (e.g., formation of a limited liability company) or sale of assets.

Force majeure. Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disaster, war, labor disruption, or failure of third-party print or payment providers.

No third-party beneficiaries. These Terms do not create rights in any person or entity that is not a party to them.

16. Changes to These Terms

VoteOut may update these Terms over time. Material changes will be posted on this page with a new “Last updated” date. Continued use of the site after a change means you accept the updated Terms. If you do not agree to a change, your remedy is to stop using the site.

17. Contact

Questions about these Terms? support@voteouteveryone.com.