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Terms of Use

Last Updated: January 11, 2026

Thank you for visiting the website of the Election Security Exchange (“ESX,” “we,” “us,” or “our”). Your use of our website and any of our other online properties (collectively, the “Site”) is subject to terms and conditions of use described below (hereinafter “Terms of Use”), as well as the corresponding Privacy Policy, which is incorporated herein by reference. The Site and any information, material, or content made available on or through the Site are subject to these Terms of Use; please read these Terms of Use carefully before accessing our Site.

By visiting the Site, you acknowledge that you have read and reviewed the Terms of Use and agree to be bound by their terms. These Terms of Use apply to any person who accesses or uses the Site (“users,” “you,” or “your”). If you do not agree to these Terms of Use, we ask that you do not access or use the Site.

  1. Changes to Terms of Use or the Site

We reserve the right to change, modify, or discontinue the Site or any portion of the Site, including any and all content, at any time, without notice to you. ESX reserves the right, in its sole discretion, to update, revise, supplement, and otherwise modify these Terms of Use, and to impose new or additional terms and conditions. Such updates, revisions, supplements, modifications, and additional rules, policies, terms and conditions shall be effective immediately and incorporated into these Terms of Use upon notice, which may be given by posting updates to this webpage and changing the “Last Updated” date at the top of this webpage. Your continued use of the Site following the posting of changes to these Terms of Use will mean you accept those changes.

  1. Use of the Site

You are granted a limited, non-exclusive, revocable right to access and use the Site for lawful, non-commercial purposes in furtherance of ESX’s mission, including your personal use and internal use within your employer or organization, and to receive ESX services. This right does not include the right to, and you shall not (nor shall you facilitate, direct, or assist a third party to):

  • Modify, reproduce, or resell any part of the Site’s content or data (excluding your personal information), or otherwise commercially exploit any of the Site’s content or data (even if that content or data is provided by a third party);
  • Access, tamper with, or use non-public areas of the Site or ESX’s computer systems;
  • Except to the extent permitted under ESX’s Vulnerability Disclosure Policy:
    • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
    • use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Site, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Site contrary to this Site’s robots.txt protocol (which, for the avoidance of doubt, shall not prevent or prohibit such activities by public search engines for purposes of creating publicly available searchable indices);;
    • interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus or other malware, flooding, spamming, overloading, or mail-bombing the Site;
  • evade or attempt to evade site access restrictions or technical controls in violation of these Terms of Use, rate limits, blocks, or other technical controls for malicious or prohibited purposes; Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through, or in connection with the Site;
  • Use the Site or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain ESX’s express written consent; or
  • Use the Site or its contents for any purpose prohibited or restricted by law.

Notwithstanding anything to the contrary in these Terms of Use, ESX authorizes Good Faith Security Research on ESX’s In-Scope Systems as expressly permitted under ESX’s Vulnerability Disclosure Policy, subject to all limitations, prohibitions, expectations, and requirements stated therein. If there is any inconsistency between these Terms of Use and the Vulnerability Disclosure Policy, the Vulnerability Disclosure Policy will control for activity conducted in good faith under the Vulnerability Disclosure Policy for the purposes of security research.

Except for the limited right expressly granted to you in these Terms of Use, ESX and its licensors expressly reserve all other rights and licenses. 

ESX reserves the right to terminate your use of the Site and any related website for violating any of the prohibited uses.

You are solely responsible for (and agree that ESX has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which you may suffer) of any such breach. 

  1. Privacy & Your Information

By accessing and using the Site, you agree to the terms of ESX’s Privacy Policy, which are incorporated into these Terms of Use by reference. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth (and more fully described) in the Privacy Policy.

  1. Use Outside of the United States

ESX makes no representation that the materials contained or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that these Terms of Use comply with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Site from any territory where its contents are illegal, and that you, and not ESX, are responsible for compliance with applicable local laws.

  1. Updates and Upgrades

From time to time, we may need to deploy or provide patches, updates, upgrades, additional content, or other modifications to the Site (for example for maintenance and enhancements, to add or remove features, or to resolve software bugs or address security concerns).

These updates and upgrades may result in the Site being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw, or disable the Site for longer periods while we deploy these updates and upgrades. 

  1. Termination/Suspension

You agree that ESX may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Site, including any online account thereon, without notice, for any reason in ESX’s sole discretion, including, without limitation, violation of these Terms of Use or ESX’s belief that your use or access would violate any applicable law or would be harmful to the interest of, or potentially cause financial loss or legal liability to, ESX, another user, or any other third party.

  1. Trademarks

ESX, or third parties from whom ESX has permission, own the trademarks and service marks that are used on the Site. All rights are reserved by ESX and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of ESX and its licensors may not be used without prior written consent of ESX or its licensors, as the case may be. Without limiting the foregoing, no ESX trademark or trade dress may be used in connection with any product or service that is not ESX’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits ESX.

  1. Copyright and Other Proprietary Rights

ESX, or third parties from whom ESX has permission, own the Site and all content that is used on the Site. All proprietary content and materials on the Site including, without limitation, the Site’s layout, organization, design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms of Use or by written consent of the owner of the proprietary rights.

  1. Feedback

To the extent permitted by applicable law, any comments or materials sent to ESX, including but not limited to suggestions, ideas, comments, submissions, or questions (collectively “Feedback”), shall become property of ESX upon receipt. ESX shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, copyright, create derivative work, distribute to others, and otherwise exploit the Feedback without permission. ESX shall be free to use any suggestions, ideas, comments, or concepts contained in such Feedback for any purpose whatsoever, including developing products or making improvements to the Site incorporating such Feedback.

  1. Children’s Privacy

The Site is not intended for and we do not knowingly collect personal information from individuals under the age of 18. If we learn that we have collected personal information from an individual under the age of 18 without parental consent, we will delete that information and otherwise comply with the requirements of the applicable law. If you believe that we might have any information from or about a child, please contact us as described in our Privacy Policy.

  1. Third-Party Websites

The Site may contain links to other unrelated websites or other services on the internet. ESX is not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms of Use and our Privacy Policy do not apply to such unrelated websites and you should review the privacy policy and terms of use for any website that you visit. ESX is not liable for any losses or damages incurred as a result of your dealings with such third parties or third-party websites.

  1. Resource Library

The Site provides access to a “Resource Library”, which is a collection of election-security materials that we have reviewed and chosen to publish on the Site. Some materials are created by and owned by ESX while others consist of links to third party resources such as government agencies, academic institutions, educational entities, and other non-governmental organizations. Materials for consideration of inclusion in the Resource Library may be submitted by users or partner organizations (“Submissions”).

If you choose to submit materials for possible inclusion in the Resource Library for which you are the owner, you grant ESX a non-exclusive, worldwide, perpetual and irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and otherwise make available those materials, in whole or in part, through the Resource Library, the Site, or other ESX programs or offerings. By providing a Submission, you represent and warrant that the content is your original work or that you otherwise have all necessary rights, permissions, and authority to provide it; that the Submission does not infringe, misappropriate, or violate any intellectual property, privacy, confidentiality, or other rights of any third party; and that it does not contain sensitive, restricted, or proprietary information. You agree to indemnify and hold us harmless for any third-party claims arising from any actual or alleged infringement of others’ intellectual property, privacy, confidentiality, or other rights to the extent arising from your submission.

Materials submitted for possible inclusion in the Resource Library for which you are not the owner will require permission from the owner.

Materials included in the Resource Library may be made publicly accessible. You understand that any personal information or other content included in a Submission may become publicly visible if the Submission is published. ESX is not obligated to review, use, or publish any Submission. We may edit, refuse, or disable access to any Submission at any time at our sole discretion. You may not submit any materials that are unlawful, defamatory, fraudulent, infringing, or that otherwise violate these Terms of Use.

  1. Disclaimer of Warranties

THE SITE, INCLUDING ANY CONTENT MADE AVAILABLE THROUGH THE SITE, IS PROVIDED BY ESX ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS MADE REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY, OR USEFULNESS OF THE SITE. ESX DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL OR OTHER COMMUNICATIONS SENT FROM THE SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS. 

INFORMATION IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL, SECURITY, OR PROFESSIONAL ADVICE. YOU REMAIN RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS AND SHOULD SEEK PROFESSIONAL ADVICE BEFORE ACTING ON ANY INFORMATION.

Neither ESX, its affiliates, any third-party supplier, nor their respective officers, directors, employees, or agents, are responsible or liable to you under any theory of liability or indemnity in connection with or related to your access or use of the Site or any of its content.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ESX AND ITS LICENSORS WILL NOT BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE SITE OR ANY OF ITS CONTENT. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR DAMAGE TO YOUR DEVICE OR OTHER EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, TO THE EXTENT PERMISSIBLE BY LAW, ESX AND ITS LICENSORS’ AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID ESX FOR THE EVENT GIVING RISE TO THE CLAIM OR (B) FIFTY DOLLARS ($50).

SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.

  1. Indemnification

You agree to indemnify, defend, and hold harmless ESX and its owners, officers, representatives, directors, employees, consultants, third-party suppliers, licensors, and agents from any and all losses, expenses, claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to (a) your use of the Site; (b) your use of any material, information, or data downloaded or otherwise obtained from the Site; (c) your violation of these Terms of Use; or (d) your infringement of any intellectual property or other right of ESX or any other person or entity.

  1. Governing Law and Venue

All matters arising out of or relating to these Terms of Use are governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia) or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the District of Columbia. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. You and ESX expressly agree to submit to the exclusive jurisdiction and venue of the state or federal courts in the District of Columbia, United States of America, in all disputes arising out of or relating to the use of the Site. ESX’s failure to enforce any right or provision of the Terms of Use does not constitute a waiver of that right or provision.

  1. Assignment

You may not assign or transfer your rights in and to the Site without prior written consent of ESX. ESX may assign its rights in and to the Site to a third party at its sole and absolute discretion.

  1. Entire Agreement

These Terms of Use and the ESX Privacy Policy constitute the entire agreement between you and ESX relating to the Site and any content and materials obtained through the Site, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by ESX. These Terms of Use will inure to the benefit of ESX’s successors and assigns. 

  1. Notice

ESX may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to ESX.

  1. Contact Us

If you have questions, complaints, or claims about the Site or these Terms of Use, please contact us at [email protected].

  1. Miscellaneous

Notwithstanding anything to the contrary in the Terms of Use, if any portion of the Terms of Use is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, the Terms of Use as a whole shall not be deemed unlawful, void, or unenforceable, and only that portion of the Terms of Use that is unlawful, void, or unenforceable shall be stricken from the Terms of Use. 

The headings contained in the Terms of Use are for convenience of reference only, are not to be considered a part of the Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms of Use. 

All covenants, agreements, representations, and warranties made in the Terms of Use that by their nature should survive, as may be amended by ESX from time to time, shall survive your acceptance of the Terms of Use and the termination of the Terms of Use.