1. AGREEMENT TO TERMS
These Terms and Conditions ("Terms") govern your access to and use of the website, training programs, materials, certifications, and services provided by Help America Fund ("Help America Fund," "HAF," "we," "our," or "us"), including but not limited to the Certified Arizona Election Observer Training Program (the "Program").
By accessing our website, creating an account, enrolling in the Program, or otherwise using any HAF services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our website, enroll in the Program, or use any HAF services.
2. ELIGIBILITY
To enroll in the Program and use our services, you must:
▸ Be at least eighteen (18) years of age.
▸ Be a United States citizen or a lawful permanent resident.
▸ Have the legal capacity to enter into a binding contract.
▸ Not be prohibited by law from participating in election-related activities.
▸ Comply with all applicable federal, state, and local laws.
By enrolling, you represent and warrant that you meet all eligibility requirements. We reserve the right, at our sole discretion, to refuse enrollment, suspend access, or terminate any account that does not meet these requirements or violates these Terms.
3. ACCOUNT REGISTRATION AND RESPONSIBILITIES
3.1 Account Creation
To enroll in the Program, you must create an account by providing accurate, current, and complete information, including your legal name, email address, mobile phone number, and other requested information. You are responsible for maintaining the accuracy of your account information throughout your enrollment.
3.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security. HAF is not liable for any loss or damage arising from your failure to safeguard your account credentials.
3.3 One Account Per Person
Each individual is permitted only one account. Accounts are non-transferable and may not be shared with others. Creating multiple accounts, sharing account access, or impersonating another person will result in immediate termination and may void any certification issued.
4. DESCRIPTION OF THE PROGRAM
The Program is a self-paced online training and certification program covering Arizona election law, polling place procedures, observer conduct, documentation standards, and post-election proceedings. The Program consists of instructional videos, a supplemental study guide, module quizzes, and a comprehensive final examination. Successful completion — defined as achieving a passing score of eighty percent (80%) or higher on all module quizzes and the final examination — results in issuance of a Certificate of Completion designating the user as a Help America Fund Certified Election Observer.
The Program is delivered through Thinkific, a third-party learning management platform. Your use of the platform is also subject to Thinkific's Terms of Service.
5. CERTIFICATION — SCOPE, LIMITATIONS, AND REVOCATION
5.1 What the Certification Means
The Certificate of Completion signifies that you have successfully completed the HAF training curriculum and demonstrated knowledge of the material covered in the Program as assessed by our quizzes and final examination. The certification is a private credential issued by Help America Fund.
5.2 What the Certification Does NOT Mean
The Certification does not:
▸ Constitute a license, government-issued credential, or official election observer designation by any state, county, or local government agency.
▸ Grant automatic authority to enter any polling place as an official Poll Watcher. Poll Watcher access under A.R.S. § 16-590 requires separate written appointment by a county political party chair or by a candidate on the ballot.
▸ Guarantee that you will be appointed as a Poll Watcher, assigned to any specific polling location, or deployed on Election Day.
▸ Constitute legal advice or an attorney-client relationship. The Program is educational in nature. For legal advice specific to your situation, consult a licensed attorney.
▸ Guarantee any particular outcome, including but not limited to appointment, deployment, or the successful observation of any specific election-related event.
▸ Create any employment, agency, partnership, or fiduciary relationship between you and Help America Fund.
5.3 Certification Term and Renewal
The Certificate of Completion is valid for two years from the date of issuance. Renewal requires re-completion of the Program at the then-current curriculum.
5.4 Non-Transferability
The Certificate of Completion is personal to you and is non-transferable. You may not assign, sell, gift, or otherwise transfer your certification to any other person.
5.5 HAF Right to Revoke
Help America Fund reserves the right to revoke any Certificate of Completion at any time, with or without notice, if we determine in our sole discretion that:
▸ The certification was obtained through fraud, misrepresentation, or violation of these Terms.
▸ You have engaged in conduct that violates the standards taught in the Program, including but not limited to voter intimidation, unlawful interference with the electoral process, or violation of Arizona election law.
▸ You have misused, misrepresented, or falsely characterized the certification.
▸ You have brought the Program or Help America Fund into disrepute.
▸ Continued certification would be inconsistent with the mission of the Program.
6. ACCEPTABLE USE
You agree that you will not:
▸ Use the Program or any HAF service for any unlawful purpose or in violation of any applicable federal, state, or local law.
▸ Violate any Arizona election law, including but not limited to A.R.S. §§ 16-515, 16-590, 16-591, 16-1013, 16-1016, or any federal election law including 18 U.S.C. § 594 and 52 U.S.C. § 10101.
▸ Engage in voter intimidation, coercion, or any conduct that a reasonable voter would find threatening or harassing.
▸ Attempt to interfere with, disrupt, or damage the Program's infrastructure, servers, or networks.
▸ Circumvent any security features, access controls, or authentication measures.
▸ Copy, reproduce, distribute, or share any Program content (including videos, study materials, quiz questions, or examinations) outside the Program platform.
▸ Misrepresent your certification status, affiliation with Help America Fund, or authority to observe elections.
▸ Use the Program in any manner that could damage, disable, overburden, or impair any HAF resource.
▸ Harvest or collect information about other users of the Program.
▸ Impersonate any person or entity, including HAF staff, election officials, law enforcement, or other users.
7. INTELLECTUAL PROPERTY
7.1 HAF Ownership
All content in the Program — including but not limited to training videos, study materials, quizzes, examinations, graphics, logos, characters (including Tim, Tina, Bob, Sofia, and Dan), text, curriculum design, and software — is the exclusive property of Help America Fund or its licensors and is protected by United States copyright, trademark, and other intellectual property laws.
7.2 Limited License to You
Subject to your compliance with these Terms, Help America Fund grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Program content solely for your personal, non-commercial use in connection with your participation in the Program.
7.3 Prohibited Uses
You may not, and may not permit any third party to:
▸ Copy, reproduce, download, screen-record, or store Program content outside the platform.
▸ Distribute, share, publish, transmit, or make Program content available to any third party.
▸ Modify, adapt, translate, or create derivative works based on Program content.
▸ Reverse engineer, decompile, or disassemble any part of the Program.
▸ Use Program content for any commercial purpose or to create competing training materials.
▸ Remove any copyright, trademark, or other proprietary notices.
7.4 Trademarks
"Help America Fund," "HAF," the HAF logo, "Certified Election Observer," "Trained. Certified. Ready.," and related names and marks are trademarks of Help America Fund. You may not use these marks without our prior written permission.
8. USER SUBMISSIONS AND FEEDBACK
If you submit any feedback, suggestions, testimonials, or other content to Help America Fund ("Submissions"), you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Submissions in any medium and for any purpose, including for marketing and program improvement. You represent and warrant that your Submissions are original to you and do not infringe any third-party rights.
9. DISCLAIMERS
9.1 Educational Nature — Not Legal Advice
The Program is educational in nature. Nothing in the Program constitutes legal advice, and no attorney-client relationship is created by your enrollment or by any interaction with Help America Fund, its instructors, or its content. For legal advice regarding your rights, responsibilities, or specific situations, you should consult a licensed attorney in your jurisdiction.
9.2 Nature of Legal Content — Educational Presentation of Binding Law
The Program describes provisions of Arizona election law, the Arizona Elections Procedures Manual ("EPM"), federal election law, and related regulatory guidance. The underlying statutes, rules, and regulations are binding law that applies to any person engaged in election-observation activity. HAF's presentation, summarization, explanation, and interpretation of those authorities, however, is educational in nature and is not itself authoritative, controlling, or a substitute for the actual text of the governing law.
You acknowledge and agree that: (a) the Program materials reflect HAF's understanding of the applicable authorities as of the date of production and may not reflect subsequent amendments, court decisions, attorney general opinions, EPM revisions, or other changes in the law; (b) you are solely responsible for consulting the current versions of the underlying statutes, the EPM, and related authorities, and for confirming the applicability of any Program content to your specific situation before you act on it; (c) HAF makes no warranty that any Program content is complete, current, accurate, or applicable to any particular observer, polling location, election cycle, or set of facts; (d) any characterization in the Program of what is "required," "prohibited," "recommended," or "best practice" is HAF's educational framing, not a legal opinion or binding directive; and (e) where the Program uses simplified language, examples, dramatizations, or fictional characters and scenarios to teach a legal concept, those educational devices are illustrative only and do not substitute for the actual text of the governing authorities.
9.3 "AS IS" Provision
THE PROGRAM, THE WEBSITE, AND ALL RELATED SERVICES AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HAF DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY LEGAL OR PROCEDURAL CONTENT PRESENTED IN THE PROGRAM.
10. LIMITATION OF LIABILITY
10.1 General Limitation
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELP AMERICA FUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, FUNDERS, PARTNER ORGANIZATIONS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, REPUTATION, EMPLOYMENT, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE PROGRAM, THE WEBSITE, THE CERTIFICATION, OR ANY RELATED SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HAF HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
10.2 No Liability for Your Conduct or Its Consequences
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HELP AMERICA FUND IS NOT RESPONSIBLE OR LIABLE FOR ANY CIVIL, CRIMINAL, ADMINISTRATIVE, PROFESSIONAL, REPUTATIONAL, FINANCIAL, OR OTHER CONSEQUENCE ARISING OUT OF OR IN ANY WAY RELATED TO YOUR CONDUCT AS AN OBSERVER, POLL WATCHER, CIVIC OBSERVER, ATTORNEY, VOLUNTEER, OR IN ANY OTHER CAPACITY CONNECTED WITH ANY ELECTION-RELATED ACTIVITY — WHETHER OR NOT SUCH CONDUCT WAS INFORMED BY, TAUGHT IN, REFERENCED BY, OR OMITTED FROM THE PROGRAM.
Without limiting the generality of the foregoing, HAF shall not be liable for any loss, damage, penalty, sanction, prosecution, arrest, citation, revocation, suspension, disciplinary action, professional discipline, civil judgment, criminal conviction, tort liability, defamation liability, or other adverse outcome that you may suffer as a result of:
▸ Any act or omission by you at, near, or in connection with any polling place, tabulation center, canvass proceeding, county recorder's office, or other election-related location.
▸ Any statement made by you, whether verbal, written, recorded, transmitted, or published, in any medium, about any voter, election official, poll worker, observer, candidate, party, election, or election-related event.
▸ Any conduct by you that violates or is alleged to violate any federal, state, or local election law, criminal law, civil-rights law, or professional-conduct rule, including but not limited to A.R.S. §§ 16-515, 16-590, 16-591, 16-593, 16-1013, 16-1016, 18 U.S.C. § 594, and 52 U.S.C. § 10101.
▸ Any violation of the terms of a poll watcher appointment issued under A.R.S. § 16-590, or of any directive of an inspector, marshal, election board, county recorder, county elections official, or law enforcement officer.
▸ Any dispute, complaint, investigation, or legal proceeding involving you and any voter, election official, other observer, party, candidate, county, state, or federal agency, or any private party.
▸ Your reliance on any Program content, character portrayal, scenario, dramatization, example, or interpretation of law that turns out to be inaccurate, incomplete, out-of-date, or inapplicable to your specific situation.
▸ Any decision to serve, or not to serve, as an observer in any capacity.
You expressly acknowledge that election observation is an activity that carries inherent legal, reputational, and personal risk, and that you assume that risk in full. HAF's role is educational — it does not supervise you in the field, does not direct your conduct on any particular date at any particular location, and does not accept responsibility for what you do or fail to do.
10.3 Damages Cap
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF HELP AMERICA FUND TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PROGRAM, THE CERTIFICATION, OR THESE TERMS EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO HAF, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10.4 Jurisdictional Variation
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full. In such jurisdictions, HAF's liability shall be limited to the maximum extent permitted by applicable law.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Help America Fund, its officers, directors, employees, agents, licensors, funders, partner organizations, and affiliates from and against any and all claims, demands, damages, losses, liabilities, judgments, settlements, penalties, sanctions, costs, and expenses (including reasonable attorneys' fees and costs of investigation, defense, and appeal) arising out of or relating to:
▸ Your access to or use of the Program, the website, or the certification.
▸ Your violation of these Terms or the HAF Privacy Policy.
▸ Your violation of any applicable law or the rights of any third party, including but not limited to any voter, election official, poll worker, other observer, candidate, party, or member of the public.
▸ Your conduct as an observer, poll watcher, civic observer, attorney, or volunteer, whether or not you are formally appointed as a Poll Watcher and whether or not your conduct was informed by the Program.
▸ Any misrepresentation by you of your certification status, affiliation with HAF, authority to observe, or role in any election-related activity.
▸ Any statement made by you, in any medium, about any voter, election official, observer, candidate, party, election, or election-related event.
▸ Any claim that your conduct at or near a polling place, tabulation center, canvass proceeding, or other election-related location constituted voter intimidation, unlawful interference, trespass, disorderly conduct, or any other unlawful act.
▸ Any claim by any third party arising from your acts or omissions in any election-related capacity.
HAF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HAF in asserting any available defenses. You will not settle any matter subject to indemnification without HAF's prior written consent.
12. TERMINATION
12.1 Termination by You
You may terminate your account at any time by contacting us at [email protected]. Upon termination, your access to the Program will cease. Certain provisions of these Terms, including Sections 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law), 14 (Dispute Resolution), 15 (Miscellaneous), and 16 (Election-Law Specific Acknowledgment), will survive termination.
12.2 Termination by HAF
Help America Fund may suspend or terminate your access to the Program at any time, with or without notice, for any reason, including but not limited to: violation of these Terms; conduct that is or may be harmful to HAF, its users, or third parties; unlawful or improper use of the Program; or business or operational reasons.
13. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-laws principles. Any legal action or proceeding arising under or relating to these Terms or your use of the Program shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of those courts.
14. DISPUTE RESOLUTION
14.1 Informal Resolution First
Before filing any formal legal claim against Help America Fund, you agree to first contact us at [email protected] and provide a written description of your concern. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice.
14.2 Binding Arbitration
If informal resolution is unsuccessful, and to the extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Program shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be conducted in Maryland, and judgment on the award may be entered in any court of competent jurisdiction. YOU AND HAF EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
This arbitration provision does not apply to: (a) claims that may be brought in small-claims court; or (b) claims by HAF to protect its intellectual property rights.
15. MISCELLANEOUS
15.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Help America Fund regarding the Program and supersede all prior or contemporaneous communications, whether written or oral.
15.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
15.3 No Waiver
The failure of Help America Fund to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
15.4 Assignment
You may not assign these Terms or any rights or obligations hereunder without HAF's prior written consent. HAF may assign these Terms at any time without notice.
15.5 Force Majeure
Help America Fund shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government action, labor disputes, or infrastructure or utility failures.
15.6 Notices
Notices to you may be made via email to the address associated with your account, posting on the website, or by other reasonable means. Notices to HAF must be sent to [email protected] with a copy by first-class mail to the address in Section 17.
15.7 Changes to These Terms
Help America Fund may modify these Terms at any time. When we make material changes, we will update the "Last Updated" date and, where appropriate, provide notice through email or a prominent notice on our website. Your continued use of the Program after changes take effect constitutes your acceptance of the modified Terms.
16. ELECTION-LAW SPECIFIC ACKNOWLEDGMENT AND ASSUMPTION OF RISK
By enrolling in the Program, you specifically acknowledge, agree, and represent that:
16.1 Certification Confers No Legal Authority
▸ The Program provides education about, but does not confer, any legal right or authority to be present inside a polling place, at a tabulation center, or at any restricted election location.
▸ Formal Poll Watcher access under A.R.S. § 16-590 requires written appointment by a county political party chairperson or by a candidate on the ballot. That appointment is separate from Program certification, and Program certification does not entitle you to receive an appointment.
▸ The HAF Certificate of Completion is a private educational credential. It is not issued by, endorsed by, or recognized as an official designation by the State of Arizona, any county, any political party, any court, or any government agency.
16.2 Personal Responsibility for Legal Compliance
▸ Election observation involves compliance with detailed statutory requirements, including but not limited to prohibitions on voter intimidation (A.R.S. § 16-1013; 18 U.S.C. § 594; 52 U.S.C. § 10101), electioneering within the 75-foot limit (A.R.S. § 16-515), photography or recording within the 75-foot limit (A.R.S. § 16-515(G)), and possession of weapons on polling place premises (A.R.S. § 13-3102(A)(11)).
▸ You bear full and sole personal responsibility for compliance with all applicable federal, state, and local election laws, criminal laws, civil-rights laws, and administrative rules, as well as with the terms of any poll watcher appointment issued to you and any directive of an inspector, marshal, election board, county recorder, county elections official, or law enforcement officer.
▸ Help America Fund is not responsible for any violation of law by any observer, whether trained through the Program or otherwise, and does not supervise, direct, or control any observer's conduct in the field.
▸ Nothing in the Program should be construed as instruction, encouragement, direction, or authorization to violate any law, to disregard any lawful directive of an election official, or to act outside the scope of any appointment or credential you may hold.
16.3 Assumption of Risk
YOU EXPRESSLY ACKNOWLEDGE THAT ELECTION OBSERVATION IS AN ACTIVITY THAT CARRIES INHERENT LEGAL, REPUTATIONAL, PROFESSIONAL, FINANCIAL, AND PERSONAL RISK, INCLUDING BUT NOT LIMITED TO THE RISK OF CRIMINAL PROSECUTION, CIVIL SUIT, PROFESSIONAL DISCIPLINE, DEFAMATION LIABILITY, ARREST, CITATION, REMOVAL FROM A POLLING PLACE, REVOCATION OF APPOINTMENT OR CREDENTIAL, ADVERSE PUBLICITY, AND LOSS OF EMPLOYMENT. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISK IN FULL.
16.4 No Substitute for Independent Legal Judgment
▸ The Program does not substitute for your own independent legal judgment or for the advice of a licensed attorney representing your interests specifically.
▸ Before engaging in any election-observation activity, you are responsible for reviewing the current text of the governing statutes, the current Elections Procedures Manual, the terms of any appointment you hold, and any applicable county or precinct-level directives — and, where appropriate, for consulting a licensed Arizona attorney regarding your specific situation.
▸ HAF does not represent you, does not act as your attorney, and does not accept responsibility for the legal consequences of any decision you make or any action you take.
17. CONTACT INFORMATION
Questions about these Terms should be directed to:
Help America Fund
Email: [email protected]
Website: helpamericafund.org
BY ENROLLING IN THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND THE HAF PRIVACY POLICY, INCLUDING WITHOUT LIMITATION THE ASSUMPTION OF RISK AND SOLE RESPONSIBILITY FOR YOUR CONDUCT SET FORTH IN SECTIONS 10, 11, AND 16.