Terms of Use

BE AMERICAN POLITICAL ACTION COMMITTEE ("BE AMERICAN PAC")

Effective Date: June 21, 2025

PLEASE READ THESE TERMS CAREFULLY

1. INTRODUCTION AND ACCEPTANCE

1.1 Binding Agreement. These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Be American Political Action Committee, a federal political action committee registered with the Federal Election Commission (“Be American PAC,” “we,” “us,” or “our”). These Terms govern your access to and use of our website, mobile applications, electronic communications, donation platforms, and other services (collectively, the “Services”).

1.2 Acceptance. By accessing or using the Services, making a contribution, or otherwise engaging with Be American PAC, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you are not authorized to use the Services or make contributions to Be American PAC.

1.3 Modifications. We reserve the right, at our sole discretion, to modify these Terms at any time. Any modifications will be effective immediately upon posting the updated Terms on our website. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes. You are responsible for regularly reviewing these Terms.

2. ELIGIBILITY AND LEGAL COMPLIANCE

2.1 Eligibility Requirements. You may only use the Services and make contributions to Be American PAC if you:

(a) Are a United States citizen or a lawful permanent resident of the United States (i.e., a “green card” holder);

(b) Are at least 18 years of age;

(c) Are making contributions using your own personal funds and not funds provided to you by another for the purpose of making a contribution;

(d) Are not making contributions in the name of another person;

(e) Are not a federal government contractor;

(f) Are not a corporation, labor organization, national bank, or foreign national without permanent resident status; and

(g) Are otherwise eligible to make political contributions under applicable federal law.

2.2 Certification. By making a contribution to Be American PAC, you expressly certify that you meet all eligibility requirements set forth in Section 2.1 and that your contribution complies with all applicable federal laws and regulations.

2.3 Compliance with Campaign Finance Laws. You acknowledge and agree that:

(a) Federal law limits contributions to $5,000 per calendar year to Be American PAC;

(b) Federal law prohibits contributions from corporations, labor organizations, national banks, federal government contractors, and foreign nationals (except those with permanent resident status);

(d) Federal law requires Be American PAC to use its best efforts to collect and report the name, mailing address, occupation, and employer of individuals whose contributions exceed $200 in a calendar year; and

(e) Contributions are not tax-deductible as charitable contributions for federal income tax purposes.

2.4 Verification. We reserve the right to verify your eligibility and compliance with applicable laws before accepting any contribution. This may include requesting additional information or documentation from you.

3. CONTRIBUTIONS AND PAYMENT PROCESSING

3.1 Contribution Authorization. By making a contribution to Be American PAC, you authorize us to charge the payment method you provide for the amount specified.

3.2 Recurring Contributions. If you opt to make recurring contributions:

(a) You expressly authorize Be American PAC to charge your payment method on a recurring basis according to the frequency and amount you select;

(b) You acknowledge that your authorization will remain in effect until you notify Be American PAC that you wish to change or terminate your recurring contribution; and

3.3 Cancellation of Recurring Contributions. You may cancel recurring contributions at any time by:

(a) Emailing us at [email protected];

(b) Calling our office at [Phone Number]; or

3.4 Contribution Refunds. We reserve the right to refuse or refund any contribution at our sole discretion, including but not limited to situations where:

(a) We have reason to believe the contribution does not comply with applicable law;

(b) The contribution exceeds applicable contribution limits;

(d) We determine, in our sole discretion, that accepting the contribution would be contrary to our policies or interests.

3.5 Payment Processing. We may use third-party payment processors to process contributions. Your use of such services is subject to the terms and privacy policies of those third parties in addition to these Terms.

4. PROHIBITED ACTIVITIES

4.1 General Prohibitions. You agree not to engage in any of the following prohibited activities:

(a) Violating any applicable law, rule, or regulation in connection with your use of the Services;

(b) Providing false, inaccurate, or misleading information;

(d) Making contributions in the name of another person;

(e) Attempting to exceed or circumvent contribution limits;

(f) Using the Services for any fraudulent or illegal purpose;

(g) Interfering with or disrupting the Services or servers or networks connected to the Services;

(h) Attempting to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services;

(i) Using any robot, spider, scraper, or other automated means to access the Services for any purpose;

(j) Bypassing measures we may use to prevent or restrict access to the Services;

(k) Harassing, threatening, intimidating, or abusing any person; or

(l) Engaging in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us to liability or detriment of any type.

4.2 Enforcement. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Section 4, including without limitation, reporting you to law enforcement authorities.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership. The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel, and the design, selection, and arrangement thereof (collectively, the “Content”), are owned by Be American PAC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License. Subject to your compliance with these Terms, Be American PAC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use.

5.3 Restrictions. You shall not:

(a) Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, rent, lease, or otherwise exploit any of the Content;

(b) Delete or alter any copyright, trademark, or other proprietary rights notices from the Content;

(c) Use any Content in any manner that suggests an association with any of our products, services, or brands without our prior written consent;

(d) Use any meta tags or any other “hidden text” utilizing our name or trademarks; or

(e) Use the Services or Content other than for their intended purposes.

5.4 Trademarks. The Be American PAC name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Be American PAC or its affiliates or licensors. You may not use such marks without the prior written permission of Be American PAC.

6. USER CONTENT AND COMMUNICATIONS

6.1 User Content. If you submit, post, or share any content on or through the Services, including but not limited to comments, feedback, or suggestions (“User Content”), you grant Be American PAC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

6.2 Representations and Warranties. You represent and warrant that:

(a) You own or control all rights in and to the User Content you submit;

(b) All User Content you submit is accurate and not misleading; and

(c) Your User Content and our use thereof will not infringe upon or violate the rights of any third party or violate any applicable law, rule, or regulation.

6.3 Monitoring and Enforcement. We have the right, but not the obligation, to:

(a) Monitor any User Content submitted to the Services;

(b) Remove or refuse to post any User Content for any reason;

(d) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

7. DISCLAIMER OF WARRANTIES

7.1 No Warranties. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BE AMERICAN PAC NOR ANY PERSON ASSOCIATED WITH BE AMERICAN PAC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

7.2 Disclaimer. WITHOUT LIMITING THE FOREGOING, NEITHER BE AMERICAN PAC NOR ANYONE ASSOCIATED WITH BE AMERICAN PAC REPRESENTS OR WARRANTS THAT THE SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

7.3 Applicable Law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THESE DISCLAIMERS DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. LIMITATION OF LIABILITY

8.1 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BE AMERICAN PAC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BE AMERICAN PAC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

8.2 Cap on Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BE AMERICAN PAC, 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 SERVICES EXCEED THE AMOUNT PAID BY YOU TO BE AMERICAN PAC, IF ANY, FOR ACCESSING OR USING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

8.3 Applicable Law. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE LIMITATIONS OF LIABILITY IN THIS SECTION MAY NOT APPLY TO YOU. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD OF BE AMERICAN PAC, OR FOR ANY OTHER MATTER IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Be American PAC, its officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

(a) Your violation of these Terms;

(b) Your User Content;

(d) Your violation of any rights of another; or

(e) Your violation of any applicable laws, rules, or regulations.

10. TERMINATION

10.1 Termination by Be American PAC. We reserve the right to terminate or suspend your access to all or part of the Services, with or without notice, for any reason or no reason, including without limitation, breach of these Terms.

10.2 Effect of Termination. Upon termination:

(a) Your right to use the Services will immediately cease;

(b) We may, but are not obligated to, delete any of your User Content; and

11. GOVERNING LAW AND JURISDICTION

11.1 Governing Law. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the District of Columbia and applicable federal law, without giving effect to any choice or conflict of law provision or rule.

11.2 Jurisdiction. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the District of Columbia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. ARBITRATION

12.1 Agreement to Arbitrate. You and Be American PAC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

12.2 Arbitration Procedures. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules then in effect, except as modified by this Section 12. The arbitration will be conducted in the District of Columbia, unless you and Be American PAC agree otherwise. The arbitration will be conducted by a single arbitrator with experience in the subject matter of the Dispute.

12.3 Class Action Waiver. YOU AND BE AMERICAN PAC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.4 Costs of Arbitration. The AAA rules will govern payment of all arbitration fees. Be American PAC will pay all arbitration fees for claims less than $75,000. If your claim is greater than $75,000, the payment of fees will be governed by the AAA’s rules.

13. SEVERABILITY

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14. WAIVER

No waiver by Be American PAC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Be American PAC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15. ENTIRE AGREEMENT

These Terms, our Privacy Policy, and any other documents expressly incorporated by reference herein, constitute the sole and entire agreement between you and Be American PAC with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

16. CONTACT INFORMATION

Questions or comments about the Services or these Terms may be directed to Be American PAC at:

Email: [email protected]

By using the Services or making a contribution, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Paid for by Be American PAC. Not authorized by any candidate or candidate’s committee.

TERMS OF USE