2. The Services
The Services constitute a technology platform that enables users of IVolunteer’s mobile applications or websites provided as part of the Services (each, an “Application“) to create, locate, learn about, and schedule volunteer opportunities with organizations in need of such volunteer services. Unless otherwise agreed by IVolunteer in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT IVOLUNTEER DOES NOT PROVIDE VOLUNTEER SERVICES, OR PROVIDE VOLUNTEERING OPPORTUNITIES, IN ANY WAY. VOLUNTEERS ARE SOLELY RESPONSIBLE FOR PROVIDING THEIR SERVICES TO A VOLUNTEER ORGANIZATION, AND VOLUNTEER ORGANIZATIONS ARE SOLELY RESPONSIBLE FOR THE HOSTING OF ANY VOLUNTEERS.
Subject to your compliance with these Terms, IVolunteer grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by IVolunteer and IVolunteer’s licensors, as applicable.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by IVolunteer in writing; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services
If you are using the Services to find volunteering opportunities (a “Volunteer”), your correspondence and/or ensuing relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors or other third parties found on or through the Services (an “Organization“), including posting or acceptance of volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between Volunteer and the Organization(s) you choose to deal with. YOU AGREE THAT IVOLUNTEER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST DEED ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH AN ORGANIZATION.
If you are using the Services to find Volunteers to fill volunteer opportunities, your correspondence or ensuing relationship with the Volunteers found on or through the Services, and any other terms or conditions associated with such dealings, are solely between you and the Volunteer. YOU AGREE THAT IVOLUNTEER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST DEED ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A VOLUNTEER.
Third Party Services and Content
The Services and all rights therein are and shall remain IVolunteer’s property or the property of IVolunteer’s licensors, as applicable. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner IVolunteer’s company names, logos, product and service names, trademarks or services marks or those of IVolunteer’s licensors.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active user Services account (“Account”), which will reflect your role as either an Organization or a Volunteer. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to IVolunteer certain personal information, such as your name, email, mobile phone number, date of birth, and gender. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or IVolunteer’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by IVolunteer in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to access the Services on your behalf. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to an Organization or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
User Provided Content
IVolunteer may, in IVolunteer’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to IVolunteer through the Services textual, audio, and/or visual content and information, including but not limited commentary and feedback related to the Services, user profiles, and initiation of support requests (“User Content“). Any User Content provided by you remains your property. However, by providing User Content to IVolunteer, you grant IVolunteer a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and IVolunteer’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant IVolunteer the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content, nor IVolunteer’s use of the User Content as permitted herein, will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by IVolunteer in its sole discretion, whether or not such material may be protected by law. IVolunteer may, but shall not be obligated to, review, monitor, or remove User Content, at IVolunteer’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. IVolunteer does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IVOLUNTEER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, IVOLUNTEER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IVOLUNTEER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ORGANIZATIONS, VOLUNTEERS, OR VOLUNTEER OPPORTUNITIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IVOLUNTEER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF IVOLUNTEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IVOLUNTEER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY VOLUNTEER OR ORGANIZATION, EVEN IF IVOLUNTEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IVOLUNTEER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND IVOLUNTEER’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT IVOLUNTEER IS LIMITED TO A TECHNOLOGY PLATFORM THAT FACILITATES THE CONNECTION BETWEEN VOLUNTEERS WITH VOLUNTEER OPPORTUNITIES AND ORGANIZATIONS, AND THAT IVOLUNTEER SHALL HAVE NO OBLIGATIONS TO ORGANIZATIONS OR VOLUNTEERS WITH RESPECT TO THE INTERACTION BETWEEN SUCH PARTIES. IN NO EVENT SHALL IVOLUNTEER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). IVOLUNTEER’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE VOLUNTEER SERVICES BETWEEN VOLUNTEERS AND ORGANIZATIONS, AS APPLICABLE, BUT YOU AGREE THAT IVOLUNTEER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SUCH SERVICES PROVIDED FOR YOU OR BY YOU, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 4 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold IVolunteer and its officers, directors, advisors, employees, volunteers, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) IVolunteer’s use of your User Content; or (iv) your violation of the rights of any third party.
5. Other Provisions
Effective Date: June 12, 2020.