Terms of Service

Agreement

These terms apply to anyone who uses votestead.com or a VoteStead election. VoteStead is operated by Alien Tech Services LLC. By using the service, you agree to these terms. An association that signs a separate written agreement with us follows that agreement where it differs from these terms.

In these terms, "association" means the homeowner association, condominium association or other organization holding the vote, and includes any management company, community manager or agent that sets up or runs a vote for it. A management company that uses VoteStead for an association takes on the association duties below for that vote, together with the association.

The service

VoteStead provides online and paper-notice voting for homeowner and condominium associations. The service sends invitations and reminders, verifies owners, collects sealed ballots, counts them after 2 key holders enter their shares, and produces results and audit records. Self-serve elections are run by the association's board. Managed elections are run by VoteStead for the association.

Association duties

• Confirm the association has authority to hold the vote electronically under its governing documents and applicable law.
• Provide an accurate owner roster and keep it current before voting opens.
• Give owners any notice the governing documents or law require, and offer paper ballots to owners who do not consent to electronic voting.
• Choose key holders who are not candidates, not board members up for election and not the association's managing agent.
• Provide an attorney sign-off letter before a binding vote opens when the rule pack for the association's state requires one.
• Obtain consent before giving VoteStead an owner's mobile number for text messages.

Owner duties

• Vote only for a unit you own or are authorized to vote for.
• Keep your voting link, sign-in codes, access code and PIN private.
• Review your choices before you cast. A cast ballot is final.

Key shares

The key that opens an election's ballots is split into 3 shares, and any 2 of them reconstruct it. VoteStead does not keep a copy of a complete key. Where an association buys the independent VoteStead key holder, VoteStead will not run the count unless the VoteStead share is one of the two entered; that is a control in the service, not a property of the key split. If 2 or more shares are lost, the ballots cannot be opened, the election must be held again, and VoteStead charges nothing for the rerun. Key holders are responsible for saving their shares.

Test elections

Test elections are for practice. They are marked as tests on every page and their results are not binding.

Text message program

VoteStead Election Notices sends text messages about association elections, including voting invitations, sign-in codes and reminders. Message frequency varies by election. Message and data rates may apply. Reply STOP to cancel and HELP for help. Carriers are not liable for delayed or undelivered messages. Consent to receive texts is not a condition of voting, and owners who do not opt in vote by email or mailed notice. See our Privacy Policy for how we handle mobile numbers.

Acceptable use

• Do not vote for a unit you are not authorized to vote for.
• Do not try to access another person's account, ballot, key share or voting link.
• Do not probe, overload or disrupt the service during a live election. Report security issues to security@votestead.com.
• Do not use the service to send messages unrelated to an association vote.

Legal compliance is your responsibility

Each association, and each management company acting for one, is solely responsible for confirming that every vote it holds through VoteStead complies with all laws and rules that apply to it. That includes:

• state statutes, including community association, condominium, cooperative and nonprofit corporation laws;
• county and city ordinances and any other local rules;
• the association's declaration, bylaws, articles, rules and board resolutions;
• any court order, settlement or agency ruling that applies to the association.

Laws change, and they apply differently depending on an association's type, size, formation date and governing documents. VoteStead's state rule packs, state law pages, launch checklist and support describe how the service applies common state rules. They do not account for local ordinances or an association's own documents, and they are not a guarantee that a vote is valid. Review by VoteStead's counsel of a rule pack confirms how the software applies that summary. It is not a legal opinion for any association.

Before a binding vote, the association should have its own attorney confirm its authority to vote electronically and the notice, quorum, eligibility and counting rules that apply. To the fullest extent the law allows, VoteStead is not responsible for an election that is invalid, challenged, repeated or set aside, or for fines, costs or claims that result, when the cause is the association's own legal determinations, its governing documents, the information it provided, or its reliance on VoteStead's summaries instead of its own legal advice.

No legal advice

VoteStead is not a law firm. Our rule packs, guides and support explain how the service applies state election rules, and they are not legal advice. Each association relies on its own attorney for legal questions.

Fees

Test elections are free. A self-serve election is bought online at the published price, or set in a written quote accepted by the association. A managed election is set in a written quote accepted by the association before a binding election opens. There is no mandatory platform fee and no subscription. VoteStead Annual is an optional plan an association may buy instead of paying per election, and an association that does not buy it pays nothing between elections. Associations whose elections run through a VoteStead management partner pay VoteStead nothing directly.

An election bought online is paid at purchase and covers one binding election at the voting unit count entered on the order. If the roster carries more voting units when the election opens, the additional units are billed at the published rates then in effect. Printing, mailed notices, mailed paper ballot packets and other published add-ons are ordered separately and billed as used. VoteStead publishes no standing discount. Where a rate is agreed with an association, it is written into that association's fee schedule before signing, applies to the election fee, which is the base fee plus the per-unit fee, and does not apply to printing, postage or a VoteStead Annual plan. An election that has not opened may be cancelled for a refund of the election fee by writing to support@votestead.com. Once voting opens the election fee is earned in full.

Independence

VoteStead does not act as managing agent for, or sell other paid services to, an association whose election it runs.

Disclaimers and liability

We work to keep the service available and accurate. To the fullest extent the law allows, we provide the service, the rule packs, the state law pages and all other content as is and as available, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise the service will be free of errors or interruptions, or that state law content is complete or current.

To the fullest extent the law allows, VoteStead and Alien Tech Services LLC, and their members, employees and contractors, are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, re-run election costs or legal fees, however caused. Our total liability for all claims relating to the service is limited to the fees the association paid VoteStead in the 12 months before the event that gave rise to the claim. These limits do not apply where the law does not allow them, including liability for fraud, gross negligence or willful misconduct.

Indemnification

The association, and any management company acting for it, will defend and indemnify VoteStead and Alien Tech Services LLC against third-party claims, fines and costs, including reasonable attorney fees, that arise from: the association's authority to hold a vote electronically; its eligibility, notice, quorum or counting decisions; the accuracy of its roster and ballot content; its governing documents; or its failure to comply with a law or rule that applies to it. This does not cover claims caused by the service failing to perform as described.

Governing law

Washington State law governs these terms. Disputes go to the state or federal courts located in Washington State.

Changes

We post changes to these terms on this page with a new version number and effective date. Changes do not apply to an election already open.

Contact us

Email questions about these terms to support@votestead.com.