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OpenOMB Terms and Conditions of Use

Your Acceptance of OpenOMB.Org's Policies

Thank you for visiting https://www.OpenOMB.org (the “Website”). By using and/or visiting the Website, you agree to abide by and be bound by these Terms and Conditions of Use. You understand that Protect Democracy Project, the owner and operator of this website, has the right to update these policies from time to time upon posting revised policies on the Website. By continuing to use the Website, you agree to the policies as amended. If you do not agree to any of these terms, please do not use the Website. The terms “you” or “user” refer to all individuals and entities accessing the Website for any reason. The terms “us” or “we” refer to Protect Democracy Project.

Purpose of the Website

This Website was created to make it easier to find, track, and understand the public apportionments issued by the White House Office of Management and Budget (OMB). The URL https://openOMB.org features all of OMB's public apportionments from FY2022 to the present, and information on how to read, understand, and search those apportionments. For more information, please see About OpenOMB. (OpenOMB is maintained by Protect Democracy Project and is not affiliated with OMB, the Executive Office of the President, the U.S. Congress, or any component of the U.S. government.)

Restrictions on Use

You agree that you will not use the Website:

  • To conduct or forward unauthorized surveys, contests, pyramid schemes, or chain letters;
  • To defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, such as rights of privacy and publicity;
  • To harvest or otherwise collect information about others, including email addresses, without their consent;
  • To interfere with or disrupt the integrity or performance of the Website;
  • In any way that degrades the Website's reliability, speed, or operation;
  • In any way that restricts or inhibits any other user from using the Website in its intended purpose;
  • In any manner that tends to reflect negatively on Protect Democracy Project;
  • In violation of these Terms and Conditions of Use or of any other policy listed on the Website; or
  • In violation of any applicable laws or regulations.

Links to Third Party Websites

The Website includes links to third party websites. Links are provided for your convenience and do not imply endorsement by Protect Democracy Project of any third party site or operator. Protect Democracy Project has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Protect Democracy Project will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve Protect Democracy Project from any and all liability arising from your use of the Website, as well as any third party website.

Intellectual Property Rights

The entire Website is copyrighted by Protect Democracy Project. The underlying data is made publicly available by OMB at https://apportionment-public.max.gov/. Certain articles or materials with the Website are also separately copyrighted by Protect Democracy Project, Protect Democracy United, or by others as indicated. All rights reserved. All other content on the Website, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (collectively the “Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are either owned by Protect Democracy Project, or are licensed to Protect Democracy Project, and are subject to copyright and other intellectual property rights (except for works of the federal government for which there is no copyright protection).

The Website is provided to you AS IS for your information only. If you download or print a copy of the Content for authorized purposes, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted Content or by using the Marks. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. The restrictions in this section do not apply with respect to any portion of the Website that is explicitly provided through an open source license.

Digital Millennium Copyright Act (DMCA)

In operating the Website, we may act as a “services provider” (as defined by the Digital Millennium Copyright Act (“DMCA”)) and offer services as an online provider of materials and links to third party sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Sites. Protect Democracy Project has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Protect Democracy Project has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Protect Democracy Project or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms & Conditions. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is:

Protect Democracy
Attn. General Counsel
2020 Pennsylvania Avenue NW, 163
Washington, DC 20006-1811
Email: copyright@protectdemocracy.org

Please provide us with the following information:

  1. A description of the copyrighted work that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on our Website, with enough detail that we may find it on the Website;
  3. Your address, telephone number, and email address;
  4. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  5. Include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. The electronic signature of the person authorized to act on behalf of the copyright owner of the work that is allegedly infringed.

We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROTECT DEMOCRACY PROJECT, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. PROTECT DEMOCRACY PROJECT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OR FROM THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED, AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

Limitation of Liability

IN NO EVENT SHALL PROTECT DEMOCRACY PROJECT OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED, AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROTECT DEMOCRACY PROJECT ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE MAXIMUM AMOUNT OF DAMAGES ATTRIBUTABLE TO PROTECT DEMOCRACY PROJECT RELATING TO THIS WEBSITE SHALL BE ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PROTECT DEMOCRACY PROJECT SHALL NOT BE LIABLE FOR LABELS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

By using the Website, you agree to release Protect Democracy Project, and their officers, directors, employees, and agents, from any liability arising from content posted by others. In addition, you agree to indemnify, defend, and hold harmless Protect Democracy Project, and their officers, directors, employees, and agents, from any and all claims, causes of action, damages, judgments, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third party right, or of any law, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that any content you contribute violates these Terms and Conditions of Use, including any third party right, or any law. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Website.

Assignment

These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Protect Democracy Project without restriction.

Ability to Accept Terms and Conditions of Use

You affirm that you have reached the age of majority in your jurisdiction, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use.

General

These Terms and Conditions of Use shall be governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. Any claim or dispute between you and Protect Democracy Project that arises, in whole or in part, from the Website shall be decided exclusively by a court of competent jurisdiction located in the District of Columbia. These Terms and Conditions of Use, together with any other legal notices published by Protect Democracy Project on the Website, shall constitute the entire agreement between you and Protect Democracy Project concerning the Website. If any provision of these Terms and Conditions of Use is deemed invalid by a court of competent jurisdiction, such provision shall be restated in accordance with applicable law to best reflect the intention of the parties, and the remaining provisions of these Terms and Conditions of Use shall remain in full force and effect. No waiver of any term of this these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and Protect Democracy Project's failure to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision. YOU AND PROTECT DEMOCRACY PROJECT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: December 13, 2024