Terms and Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF
THESE TERMS, DO NOT USE THIS SITE.
This site is operated by Holly Gibbs for City Council (together with any affiliates, “we,” or “us”). These
Terms & Conditions (“Terms”) apply solely to your access to, and use of, the website operated by Holly Gibbs for City Council and other websites, mobile sites, and other online services which link to these
Terms and are operated by Holly Gibbs for City Council (the “Sites”).
We reserve the right to change or modify any of the terms and conditions contained in the Terms at any
time and in our sole discretion. Any changes or modifications will be effective immediately upon posting
of the revisions on the Sites, and you waive any right you may have to receive specific notice of such
changes or modifications. Your continued use of the Sites following the posting of changes or
modifications will confirm your acceptance of such changes or modifications.
All questions or comments about the Sites or site content should be directed to contact@gibbsforgulfport.com.
You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials
intended by us for your use for your informational, non-commercial and personal use only. Such license
is subject to the Terms and does not include: (a) any resale or commercial use of the Sites or the Site
Materials therein; (b) the reproduction, distribution, public performance or public display of any Site
Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative
uses of the Sites or the Site Materials, or any portion thereof; (d) use of any data mining, robots or
similar data gathering or extraction methods; (e) downloading (other than the page caching) of any
portion of the Sites, the Site Materials or any information contained therein, except as expressly
permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for their intended
purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without
the prior written permission of Holly Gibbs for City Council, is strictly prohibited and will terminate the
license granted herein. Such unauthorized use may also violate applicable laws including without
limitation copyright and trademark laws and applicable communications regulations and statutes.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to
intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at
any time.
1. Third-Party Sites, Functionality and Content
The Sites may make third-party information, advertisements, promotions and other content available on
or through the Sites (“Third Party Content”). Our Sites also may link or otherwise provide access to third-
party websites and other products and services outside our control (collectively, “Third Party Products
and Services”). These Third Party Products and Services may include, for example, event and volunteer
registration and management, donation and payment functionality, and other features, functionalities,
and services powered by third parties. Holly Gibbs for City Council does not endorse, adopt, sponsor,
recommend, or otherwise accept responsibility for any Third Party Content or Third Party Products and
Services, and we make no representation or warranties of any kind regarding them. These Third Party
Products and Services and Third Party Content are not under the control of Holly Gibbs for City Council,
and we are not responsible for their content, quality, nature, reliability, privacy, data security or other
practices or their handling of information you make available to them. Your business dealings with these
third parties, and any terms, conditions, warranties or representations associated therewith, are solely
between you and such third parties. We encourage you to review their applicable terms and policies.
2. Consent to Use of Data and Mobile Communication; SMS Program Terms
You consent to our communicating with you about the Site and the campaign by SMS, text message,
email and other electronic means. Your carrier’s normal messaging, data and other rates and fees will
apply to these communications. If you subscribe to any text programs that the Holly Gibbs for City Council makes available, the following terms apply:
By subscribing to campaign updates or alerts, you consent to receive periodic updates or alerts by
automatic text message. Text STOP to stop. For Help, text HELP or contact us
at contact@gibbsforgulfport.com. Message and data rates may apply. Neither the campaign nor the
participating carriers guarantee that messages will be delivered. The campaign may discontinue the
program at any time without notice.
3. Electronic Communications and Privacy Policy.
You consent to our communicating with you about the Sites Holly Gibbs for City Council via email, text
message, or other electronic means. Please refer to our Privacy Policy for information on how we
collect, use and disclose information from our users. You agree that you will not provide any other
person’s personal information to us unless you have the rights to do so under applicable law and have
shared our Privacy Policy with the applicable person.
4. Prohibited Conduct.
You may not access or use, or attempt to access or use, the Sites to take any action that could harm us
or any other person or entity, interfere with the operation of the Sites, or use the Sites in a manner that
violates any laws. For example, and without limitation, you may not:
1. Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of
materials you transmit;
2. Engage in unauthorized spidering, “scraping,” or harvesting of content or personal information,
or use any other unauthorized automated means to compile information;
3. Use the Sites to access, harvest, copy, collect, gather, or assemble information or data regarding
other users of the Sites without the applicable user’s prior express consent;
4. Take any action that imposes an unreasonable or disproportionately large load on our network
or infrastructure;
5. Use any device, software or routine to interfere or attempt to interfere with the proper working
of the Sites or any activity conducted on the Sites or attempt to probe, scan, test the
vulnerability of, or breach the security of any system or network, including without limitation via
any viruses, corrupted data, or other harmful, disruptive or destructive files;
6. Attempt to modify, copy, make derivative works of, decipher, decompile, disassemble, or
reverse-engineer any of the software comprising or in any way making up a part of the Sites;
7. Distribute any unauthorized materials or advertise or promote goods, services, or political
campaigns without our express written permission (including, without limitation, by sending
spam);
8. Sublicense any of your rights under these Terms;
9. Harass or materially interfere in any manner with another user’s use or enjoyment of the Sites;
10. Engage in any other conduct that restricts or inhibits any person or entity from using or enjoying
the Sites, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other
person or entity to any liability, damages, or detriment of any type; or
11. Otherwise use the Sites for any unlawful or unauthorized purpose, or engage in, encourage or
promote any activity that violates these Terms or any additional guidelines, policies or rules
posted on the Site or otherwise provided to you.
Violations of system or network security may result in civil or criminal liability. We may investigate and
work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or
terminate your access to the Sites for any or no reason at any time without notice.
5. Submissions.
You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other
information or materials regarding the Sites or Holly Gibbs for City Council that are provided by you in
the form of email or other submissions to Holly Gibbs for City Council, or any such postings on the Sites,
are non-confidential and shall become the sole property of Holly Gibbs for City Council. Holly Gibbs for
City Council shall own exclusive rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these materials for any purpose without acknowledgment or
compensation to you. To the extent you have any rights, title, or interest in any of the foregoing, you
shall assign, and hereby assign, any and all such rights, title, and interest to Holly Gibbs for City Council.
6. Indemnification.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HOLLY GIBBS FOR CITY COUNCIL, ITS
INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS AND JOINT COMMITTEE MEMBERS,
AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS,
ASSIGNS, AND AGENTS, FROM AND AGAINST ANY AND ALL LOSS, CLAIMS, ACTUAL OR THREATENED
SUITS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO,
REASONABLE ATTORNEYS’ FEES) ARISING OUT OF, ASSOCIATED WITH, OR RELATED TO YOUR USE OF THE SITES OR ANY ALLEGED VIOLATION BY YOU OF THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY,
INCLUDING, WITHOUT LIMITATION, YOUR CONDUCT AND ANY USER CONTENT YOU POST, STORE OR
OTHERWISE TRANSMIT ON OR THROUGH THE SITES, OR ANY ACT OR OMISSION RELATING TO THE SITES
OR THE USER CONTENT.
7. Disclaimers.
YOUR USE OF THE SITES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN
WRITING BY HOLLY GIBBS FOR CITY COUNCIL, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOLLY GIBBS FOR CITY COUNCIL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. HOLLY
GIBBS FOR CITY COUNCIL DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS,
ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, OR THE SERVICES ARE ADEQUATE, ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE FUNCTIONS PROVIDED WILL BE
UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.
HOLLY GIBBS FOR CITY COUNCIL IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY
FOR, ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SITES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY, AS WELL AS FOR ANY THIRD PARTY PRODUCTS AND SERVICES AND FOR ANY THIRD PARTY CONTENT. WHILE HOLLY GIBBS FOR CITY COUNCIL ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, HOLLY GIBBS FOR CITY COUNCIL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. HOLLY GIBBS FOR CITY COUNCIL IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES, PROGRAM, OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT, ACTIVITY, OR PROGRAM ORGANIZERS OR OTHER USERS OF THE SITES OR FOR ANY THIRD PARTY PRODUCTS AND SERVICES OR FOR ANY THIRD PARTY CONTENT. Holly Gibbs for City Council reserves the right to change any and all content contained in the Sites and any services offered through the Sites at any time without notice.
8. Limitation of Liability.
IN NO EVENT SHALL HOLLY GIBBS FOR CITY COUNCIL, OR OUR RESPECTIVE SUBSIDIARIES, AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE
SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE,
INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER
ON ANY INFORMATION OBTAINED FROM HOLLY GIBBS FOR CITY COUNCIL, OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES,
DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO HOLLY GIBBS FOR CITY COUNCIL’S RECORDS, PROGRAMS OR SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HOLLY GIBBS FOR CITY COUNCIL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS OR THESE TERMS EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT THAT YOU PAID TO ACCESS THE SITES.
9. Applicable Law and Venue.
These Terms and your use of the Sites shall be governed by and construed in accordance with the laws
of the Mississippi applicable to agreements made and to be entirely performed within the Mississippi,
without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of
or relating to these Terms shall be filed only in the state and federal courts located in the Mississippi,
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 these Terms.
10. Termination.
Notwithstanding any of these Terms, Holly Gibbs for City Council reserves the right, without notice and
in its sole discretion, to terminate your license to use the Sites, and to block or prevent your access to
and use of the Sites.
11. Miscellaneous.
These Terms constitute the entire agreement between you and us, superseding any
prior or contemporaneous communications and proposals (whether oral, written or electronic) between
you and us. If any provision of these Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions and will be replaced by an enforceable provision
that comes closest to the intention underlying the unenforceable provision. You agree that no joint
venture, partnership, employment, or agency relationship exists between you and us as a result of these
Terms or your access to and use of the Sites.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not
waive our right to subsequently enforce the Terms or respond to any violations. Nothing contained in
these Terms is in derogation of our right to comply with governmental, court, and law enforcement
requests or requirements relating to your use of the Sites or information provided to or gathered by us
with respect to such use.
