Terms and Conditions

DCS (“We,” “Us,” “Our”) is offering a mobile messaging program (the
“Program”), subject to these Mobile Messaging Terms and Conditions (the
“Terms”). If you do not wish to continue participating in the program or no
longer agree to these Terms, you can reply “STOP” to any mobile message
from Us in order to opt out of the Program.


User Opt In: The Program allows users to receive SMS/MMS mobile
messages by users affirmatively opting into the Program, such as through
online enrollment forms or any successor short code or long code to opt into
the Program. Regardless of the opt-in method you utilized to join the Program,
you agree that these Terms apply to your participation in the Program. The
mobile messaging service used by Us to communicate with you requires
human intervention for Our mobile messages to be initiated, and thus Our
mobile messages 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 marketing mobile messages and
you understand that consent is not required to make any purchase from Us.
Program Description: Without limiting the scope of the Program, users that
opt into the Program can expect to receive messages concerning DCS.
Cost and Frequency: Message and data rates may apply. The Program
involves recurring mobile messages, and additional mobile messages may be
sent based on your interaction with Us.

Contact Information: For support text “HELP” to any of Our mobile messages,
or email info@brianjack.com

User Opt Out and Additional Commands: To opt out (discontinue participation
in Program), reply “STOP” to any of Our mobile messages from your mobile
device. This is the easiest and preferred method to opt out of the Program.

You may receive an additional mobile message confirming your decision to
opt out. You may also opt out by texting “QUIT”, “END”, “CANCEL”,
“UNSUBSCRIBE”, or “STOP ALL” to to any of Our mobile messages you
receive, or by contacting Us via the means provided above and clearly
communicating your intent to unsubscribe from the Program. For additional
support, text “HELP” to get help.

MMS Disclosure: The Program will send SMS MTs if your mobile device does
not support MMS messaging.

Our Warranty: We will not be liable for any delays or failures in the receipt of
any mobile messages connected with this Program. Delivery of mobile
messages is subject to effective transmission from your wireless service
provider/network operator, and is outside of Our control. T-Mobile is not liable
for delayed or undelivered mobile messages.

Privacy Policy: We respect your right to privacy. You can view our privacy
policy here. We will only use information you provide to transmit your mobile
messages and respond to you, if necessary. WE DO NOT SELL, RENT, LOAN,
TRADE, LEASE OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE
NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE
PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all
times to disclose any information as necessary to satisfy any law, regulation
or governmental request, to avoid liability, or to protect Our rights or property.
When you complete forms online or otherwise provide Us information in
connection with the Program, you agree to provide accurate, complete, and
true information. You agree not to use a false or misleading name or a name
that you are not authorized to use. If in Our sole discretion, believe that any
such information is untrue, inaccurate, or incomplete, or you have opted into
the Program for an ulterior purpose, We may refuse you access to the
Program and pursue any appropriate legal remedies.

This Privacy Policy is strictly limited to the Program and has no effect on any
other privacy policy(ies) that may govern the relationship between you and Us
in other contexts.

Dispute Resolution: In the event that there is a dispute, claim or controversy
between you and Us, or between you and any third-party service provider
acting on Our behalf to transmit the mobile messages within the scope of the
Program, arising out of or relating to federal or state statutory claims,
common law claims, these Terms, Our Privacy Policy, 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 Seattle, WA
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 State of Washington, 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”).

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 to Us 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. We reserves the right to change these Terms from time to time. 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, you accept these Terms, as modified.

WEBSITE PRIVACY POLICY

At BRIAN JACK FOR CONGRESS [“Organization” or “we”], we are committed to protecting the privacy of our online guests, customers, members, and friends (collectively, “our users” or, as applicable to yourself, “you”).

We believe that maintaining privacy on the internet is very important and hope you will read this Privacy Policy carefully so that you will clearly understand both our commitment to you and your privacy and our method of collecting and using information.

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website Jack.acquire.digital (our “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy only applies to data gathered on this Website, associated email, and text messaging services, and does not apply to any other website. By using the Website, communicating with us by email, or by otherwise submitting personal information to us, you agree to the terms of this Privacy Policy; you give your consent to the collection, storage and use of personal information as explained in this Privacy Policy.

The term “personal information” refers to non-public information that personally relates to or identifies you, such as your name, password, age, gender, email address, postal mailing address, zip code, home/mobile telephone number, Social Security number and/or taxpayer identification number, and other similar information). If we combine or associate information from other sources with personal information that you provide directly to us through or in connection with our services, we will treat the combined information as personal information in accordance with this Privacy Policy.

This Privacy Policy applies to information we collect:

  • On this Website.
  • In email, text, and other electronic messages between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

OUR PLEDGE TO YOU.

We use reasonable best efforts to maintain the confidentiality, integrity, and security of our users’ personal information. Keeping user information secure, and using it only as our users agree, are matters of principle for all us. With this in mind, here is our commitment to each user:

  • We will restrict access to user information to those who need to know in order to provide services to you, and will educate them according to our internal policies to reinforce the importance of confidentiality and client and user privacy;
  • We will maintain reasonable and customary security standards and procedures to protect information about you; and
  • We will respond quickly to your request to correct inaccurate information.

UPDATES AND CHANGES TO PRIVACY POLICY.

We may revise our Privacy Policy at any time. In the event of a change in this Privacy Policy, a revised Privacy Policy will promptly be posted to our Website, and the “Updated” date will be changed. Please revisit this page to familiarize yourself with changes to the Privacy Policy. You agree to accept posting of a revised Privacy Policy as described herein as actual notice to you of such revised Privacy Policy. Your continued use of our Website after such posting constitutes consent to the collection and use of your information as described in the then-current Privacy Policy.

HOW AND WHY WE GATHER INFORMATION.

When you use this Website or at any later time, we collect certain personal information from you. We call this your “Profile.” From time to time, we may request additional information (e.g., through surveys) to help us further assess your needs and preferences. If you choose to provide such information, during registration or otherwise, you are giving us permission to collect, store and use it consistent with this Privacy Policy.

We may also obtain your personal information from your transactions with us or other users through the services provided through this Website, or from third parties such as credit reporting agencies.

INFORMATION ABOUT YOU WE COLLECT AND WHY WE GATHER SUCH INFORMATION.

We collect several types of information from and about users of our Website, including information:

  • That personally relates to or identifies you, such as your name, password, postal address, e-mail address, home/mobile telephone number, or any other identifier by which you may be contacted online or offline (“Personal Information“);
  • That is about you but individually does not identify you, such as political and religious affiliation and leaning, age, or gender; and/or
  • About your internet connection, the equipment you use to access our Website, including but not limited to, website pages viewed, sites visited before visiting this Website, frequency of visits, clickstream data, browser type, operating system, organization name, articles, internet connection speed, presentations viewed, time spent viewing pages of our website or using certain features of our website, demographic data such as server locations, clickstream data, location services, server location, cookies existing on your computer, search criteria used and results, date and time of access or visits to our website, frequency of visits to our website, connection speed, and other information which does not specifically identify you.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third-parties.

Information You Provide to Us. The information we collect on or through our Website may include:

  • Information you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, signing up for newsletters or email notifications, making a contribution, or requesting further information. We may also ask you for information when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Information you provide when you participate in surveys or promotions.
  • Details of any transactions with the Organization that you carry out through our Website. You may be required to provide financial information before completing any transaction through our Website.
  • Your search queries on the Website.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). When you visit the Website, we may send one or more cookies. “Cookies” are small text files containing a string of alphanumeric characters that may be placed on your web browser. Cookies make it easier for you to navigate our Website by, among other things, “remembering” your identity so that you do not have to input your password multiple times as you navigate between webpages on the Website and/or as you access certain services we may provide. This use of cookies for authentication (i.e., verifying that you are who you say you are) is an essential component of site security. You can set your web browser to inform you when cookies are set or to prevent cookies from being set.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Campaign, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • Server Logs. Server Logs can be either a single log file or several log files automatically created and maintained by a server of activity performed by the server, which can include information about any transaction you conduct with the server.

Please note that if you decline to use cookies, you may experience reduced functionality or slower site response times. Declining to use our authentication-related cookies may prevent you from using the Website altogether. You may also clear cookies from your computer via your web browser settings. You may also wish to use a Google Analytics opt-out web browser add-on. Information on this option is available at: http://support.google.com/analytics/bin/answer.py?hl=en&answer=2700409 .

We or our service providers may also collect web surfing data related to your use of our services (e.g., information regarding which of our web pages you access, the frequency of such access, and your product and service preferences). This may be accomplished by using cookies, web beacons, page tags or similar tools. Such web surfing data may include your Internet Protocol (IP) address, browser type, internet service provider (ISP), referring or exit pages, click stream data, operating system and the dates and times that you visit the Website. Web surfing data and similar information may be used for administrative purposes; to assess the usage, value and performance of our online products and services; and to improve your experience with our services.

EMAIL COMMUNICATIONS.

We regularly send email newsletters to our users. Users may subscribe or unsubscribe to an email newsletter at any time by changing their email preferences. On occasion, we may send emails to individuals such as registrants and members who have provided us with their email address. Email recipients may always opt out of any email category at any time by following the unsubscribe instructions included in the email message.

Emailing Us: We try to respond to email messages requiring a response in accordance with our internal policies. If you email us, your message and email address will be forwarded to the appropriate member of our team. We may choose to save this information. We are pleased to hear from you. However, any message, material, ideas, concepts or other information sent to us by email will be treated as non-confidential and non-proprietary, and we will not be liable for delays or omissions in receiving or responding to email.

HOW INFORMATION HELPS BOTH YOU AND US.

Information about you plays a key role in our ability to succeed in this mission. It also helps us service your accounts and administer our efforts.

We may also use your information to contact you about certain topics, issues, campaigns, and political candidates that may be of interest to you. If you do not want us to use your information in this way, you may choose to opt-out.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We use aggregated information provided by or collected from our users to understand and analyze the usage trends and preferences of our users, to improve the way our services and the Website work and look, and to create new features and functionality. We do not and will not sell analytics that identify personal information of our users without written consent from the user.

HOW AND WHY OUR ORGANIZATION DISCLOSES YOUR INFORMATION TO THIRD PARTIES.

We limit the sharing of personal information outside our Organization. We do not sell, license, lease, or otherwise disclose your personal information to third parties, except as noted below:

  • We may disclose your personal information when such disclosure is legally required or appropriate pursuant to any court orders, subpoenas or any regulations, including responding to court orders and subpoenas, cooperating with government agencies, other regulatory bodies, and law enforcement officials, performing background checks, resolving disputes or performing risk-management functions.
  • We may share personal information with third parties who perform work for us under contract.
  • To help us improve our efforts, we may engage third parties to help us to carry out certain internal functions. Use of any personal information we share with these third parties is limited to the performance of the task we request. The third parties with which we share personal information are required to protect it in a manner similar to the way we protect your personal information.
  • We may make certain automatically collected information about your interactions and activities. Any such publicly available information will be accessible by other users.

We further reserve the right to disclose any of your personal information as we believe appropriate or necessary to take precautions against liability, to investigate and defend against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the services, or to protect the rights, property or personal safety of our Organization, our users, or others.

We may also use and disclose personally identifiable information and non-personally identifiable information: to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our website or network; to protect and defend our rights or property or the rights or property of others; and as required by courts or administrative agencies.

We do not and will not sell any of your information, including non-personally identifiable or personally identifiable information, to any third party for purposes of advertising, soliciting, or telemarketing. We may use a third-party service to collect anonymous visitor information like IP addresses, browser types (such as Firefox or Safari), referring pages, pages visited, and time spent on a particular service or feature. We collect this information for statistical analysis of web page traffic patterns; to administer our service and servers; to allow for auditing of our services by some third-parties who have that right; and for internal purposes to make decisions.

OUR PRIVACY POLICY DOES NOT APPLY TO THIRD-PARTY ACTIVITIES OR SITES.

The Website may provide links to third-party websites for your convenience and information. If you access those links, you will leave our Website. Any information submitted by you to a third party, will be controlled by that third-party’s Privacy Policy, which may differ from our own. This Privacy Policy does not cover the collection of information by cookies or other methods by such third-party services or other third parties, such as our business partners. We do not control how these third-party services, or third parties collect information or by what means such third-party services, or third-parties may use their own cookies to collect information about you. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, other websites or services. We encourage you to review the privacy policy of any organization before submitting your personal information.

KEEPING INFORMATION SAFE.

We limit access to your personal information to those persons who have a legitimate need to access such information to provide you with our efforts. In keeping with industry standards and practices, we maintain reasonable physical, electronic and procedural safeguards and controls to protect your information. The Website is built upon a secure infrastructure with multiple layers of protection and we use industry standard encryption technologies to safeguard your information.

We have security standards and procedures in place designed to prevent unauthorized access to your accounts and personal information. A key part of this process helps ensure that all information we have about you is accurate and up-to-date. If you ever discover inaccuracies in our data or if your personal information changes, notify us immediately.

The transmission of information via the Internet is not completely secure, and for this reason we cannot guarantee the security of information sent to us electronically. If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on or through the Website and the Services in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

OPT-OUT POLICY.

We may at times send you e-mail communications. If you prefer not to receive such marketing or promotional e-mails from us, you may unsubscribe completely by emailing us at: info@brianjack.com

Please note that opt-out requests may take up to twenty-four (24) hours to process. Please also note that at times we may need to send you e-mail communications that are transactional in nature such as service or termination announcements or payment confirmations which are communications you will not be able to opt-out of.

You will be able to modify the information concerning your account by visiting your profile page and editing any information you wish to change. You will be able to change your e-mail address, password, contact information, or other login information by visiting your account’s settings page subject to our website policy. If you wish to delete your account or need help modifying account information, please contact us at info@brianjack.com. We will require up to twenty-four (24) hours to process such requests.

If you would like us to remove your Personally Identifiable Information from our database, please send a request to: info@brianjack.com.

We are not responsible for removing your personal information from the lists of any third-party services or other third party who has previously been provided your information in accordance with this notice.

YOUR CALIFORNIA PRIVACY RIGHTS.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@brianjack.com.

REVIEWING, CHANGING OR CORRECTING INFORMATION.

You are solely responsible for helping us to maintain the accuracy and completeness of your personal and other information. We urge you to review your information regularly to ensure that it is correct and complete. If you believe that any of your information is incorrect, or if you have any questions regarding this Privacy Policy, please contact us.

You may, of course, decline to share any or all of your personal information with us or ask us to delete your personal information from our systems at any time, in which case we may not be able to provide to you some of the features and functionality found on or through the Website and the Services.

SECURITY.

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to our Organization is done at your own risk.

If we learn of a security system’s breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the service or providing personally identifiable information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of our services. We may post a notice on our Webpage if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Contact Information.

If you have any questions regarding this Privacy Policy, please contact: info@brianjack.com.