Your use of VOLY (including but not limited to creating an agency profile, posting opportunities, or contacting prospective volunteers) constitutes your agency's agreement to follow and be legally bound by these Terms, and you represent to us that you have authority to enter into these Terms on behalf of your agency. If you do not agree to these Terms and/or do not have the authority to enter into these Terms, please exit VOLY immediately.
VOLY is intended for use only by agencies that have been approved by VolunteerNow for participation in VolunteerNow's volunteer-matching services. Approved agencies must be a 501(c)(3) nonprofit or tax supported entity (such as a public school or government department) that provides services to the general public.
Provided that you accept and comply with these Terms, VolunteerNow grants your agency a limited license to access and use VOLY for its organizational use. However, this permission does not include the right to download, reproduce, modify or link to any portion of the VOLY Content other than that created by your agency. For purposes of these Terms, "VOLY Content" means any text, graphics, audio, video, data, interactive features and/or other content published on VOLY by VolunteerNow, by a non-profit agency or by another user.
Unless indicated otherwise, VolunteerNow owns and/or has obtained the right to license all VOLY Content to you for the uses permitted by these Terms. VOLY Content is protected by U.S. and foreign law to the fullest extent possible, and any unauthorized use of the VOLY Content is unlawful under copyright, trademark and other laws.
Except as expressly permitted under these Terms, you may not store, distribute, display, sell or otherwise exploit the VOLY Content. You may occasionally print one copy of a page from VOLY for personal, non-commercial use, but you may not make multiple copies for distribution to others.
Any violation of these Terms – including unauthorized use of the VOLY Content – will immediately terminate the license granted to you by VolunteerNow to access and use VOLY and may subject you to legal action.
Your agency may use VOLY to create and manage an agency account, create and manage volunteer opportunity postings, and contact prospective volunteers. These are the only permissible uses of your agency's VOLY account.
You are solely responsible for maintaining the confidentiality of your agency's account information (i.e., user ID, password and/or challenge questions). You are also responsible for all activities that occur in connection with your VOLY account, irrespective of whether you personally engage in such activities. You agree to notify us immediately in the event of any known or suspected unauthorized use of your agency's VOLY account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
POSTING VOLUNTEER OPPORTUNITIES
Your agency understands that it is solely responsible for posting and updating all information related to your organization, including but not limited to volunteer opportunities. Your organization agrees to provide accurate and thorough information related to your organization's activities and to update any changes to that information promptly.
Your agency agrees to appropriately mark or remove any volunteer opportunities that have been fulfilled successfully or have expired.
Your agency is solely responsible for determining the risk factors involved in any volunteer opportunity and to provide a safe environment for all volunteers. Your agency will not ask any volunteers to work in a private residence or do personal errands for agency staff.
Your agency agrees to provide volunteer opportunities to the community in a nondiscriminatory fashion and agrees to comply with all federal, state, and local laws to avoid discrimination in use of volunteers. Further:
- Your agency understands that faith-based organizations may only post volunteer opportunities for community outreach programs that serve the general public and enhance the social welfare and general wellbeing of the community. VolunteerNow does not promote any particular religious view and does not provide support for worship or religious instruction.
- Your agency will not ask any volunteer to participate in tasks that further a political agenda. VolunteerNow does not promote any particular political views and does not provide support for activities that espouse a particular political party or candidate.
- Your agency will not misrepresent its affiliation with any person or organization and/or represent that VolunteerNow endorses or supports your organization or VOLY Content.
Your agency understands that VolunteerNow does not screen volunteers using VOLY, and as such your organization accepts sole responsibility to thoroughly interview, screen, select, and supervise volunteers found through the site.
Notwithstanding the foregoing, you and VolunteerNow may agree that VolunteerNow will perform certain background check services on behalf of your agency. For purposes of these Terms "background check" refers to any investigation of your personal history, including but not limited to criminal history; social security number trace including a consumer report under the Fair Credit Reporting Act, 15 USC § 1681; driving record; employment history; military background; civil listings; educational backgrounds; and professional licenses. Any background check services provided by VolunteerNow to your agency will be subject to a separate agreement between you and VolunteerNow.
Your organization understands that some volunteers may use the site to complete mandated volunteer requirements. If your organization chooses to accept such volunteers, your agency will be subject to separate terms related to VolunteerNow’s Mandated Volunteer Program which are available by contacting VolunteerNow.
LIABILITY AND INDEMNIFICATION REGARDING VOLUNTEER OPPORTUNITIES
You understand and acknowledge that (1) VolunteerNow does not provide accident or liability insurance for any volunteers, and (2) under no circumstances will VolunteerNow be liable for any loss, injury, claim, liability or damage of any kind resulting from use of VOLY.
Your agency hereby releases VolunteerNow and its directors, officers, partners, agents, employees, independent contractors, successors, assigns, licensees, sponsors, donors, representatives, guests and affiliates from, and covenant not to sue for, any and all claims and causes of action, whether known or unknown, arising out of, based upon, or relating to your agency's or any individual's participation in a volunteer opportunity pursued using VOLY, including without limitation any negligence of VolunteerNow and its directors, officers, partners, agents, employees, successors, assigns, licensees, sponsors, donors, representatives, guests and affiliates.
Your agency hereby agrees to indemnify and hold VolunteerNow, its directors, officers, partners, agents, employees, independent contractors, successors, assigns, licensees, sponsors, donors, representatives, guests and affiliates harmless against any and all liabilities, claims, actions, damages, losses, judgments, fines, deficiencies, injuries, suits and proceedings at law or in equity, costs, or any other expense, fee or charge of any character or nature through all levels of appeal and any amounts paid in settlement of the foregoing which may be imposed upon, incurred or threatened by or upon VolunteerNow (or any related party as referenced above) including, but not limited to the negligence, gross negligence or strict liability, or any of its property in respect to, or arising out of, your participation as an approved agency through VOLY.
USE OF PERSONAL INFORMATION
Certain volunteer opportunities may require that prospective volunteers undergo a background check before participating. Your agency is solely responsible for determining whether a background check will be performed, and VolunteerNow has no control over whether your agency requests a background check of any prospective volunteer(s).
Your agency understands and agrees that you are solely responsible for how you use the personal information of prospective volunteers, and you hereby indemnify VolunteerNow against all liability from your agency's unauthorized disclosure, loss or misuse of a prospective volunteer's personal information.
Your agency assumes any and all risks associated with receiving and reviewing personal information and related background checks and with selecting volunteers based upon that information, and VolunteerNow shall not be liable for any harm you may experience as a result of your access to or use of that information.
VOLY may include links to other websites. Such links do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at VOLY. VolunteerNow is not responsible for the materials contained at any website linked to or from VOLY.
If you are transferred to a third-party website from a link within VOLY, the terms and conditions of the third-party website will govern your use of that site. VolunteerNow shall not be liable for any content on the third-party website, nor shall it be liable for your use or misuse of such third-party website or its content.
You may not use VOLY to stalk or otherwise harass another VOLY user or employee of VolunteerNow; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with VolunteerNow or any other person or entity; harm minors in any way, or solicit or otherwise attempt to gain any information from a minor; solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of VOLY, including user names or passwords; or access or attempt to access another user’s account without his or her consent.
You may not reverse engineer, decompile, data mine, record, "scrape," link to, collect information or otherwise manipulate content from any portion of VOLY.
You may not submit any content that infringes in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity.
You may not submit VOLY Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in VolunteerNow's sole discretion).
You may not submit VOLY Content that constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation.
You may not submit VOLY Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
By agreeing to these Terms and using VOLY, your agency agrees to indemnify and hold harmless VolunteerNow, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, independent contractors and representatives of each of them from and against any claim or demand made by any third party, including all costs, liabilities and legal fees, due to or arising out of (i) your access to or use of VOLY; (ii) your violation of these Terms; (iii) claims for libel, slander or any property damage, personal injury or death; (iv) the use, failure to use, or inability to use VOLY or any products or services available through VOLY, caused directly or indirectly by your agency; (v) the infringement by you, or any third party using your agency's account, of any intellectual property or other right of any person or entity; and/or (vi) violations of any local, state or federal law.
VolunteerNow reserves the right, at your agency's expense, to assume the exclusive defense and control of any matter for which you are required to indemnify VolunteerNow, and you agree to cooperate with VolunteerNow's defense of these claims. You agree not to settle any matter without VolunteerNow's prior written consent. VolunteerNow will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it, but no failure or delay of VolunteerNow to notify you will waive VolunteerNow's right to indemnification.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON VOLY ARE PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VOLUNTEERNOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER VOLUNTEERNOW, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT VOLY OR ANY FUNCTION CONTAINED IN VOLY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT VOLY OR THE SERVERS THAT MAKE VOLY AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VOLY IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER VOLUNTEERNOW, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN VOLY IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VOLUNTEERNOW AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE VOLY; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON VOLY OR ANY WEBSITE OR WEBSITES LINKED TO VOLY, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM VOLY; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON VOLY; OR (F) ANY OTHER MATTER RELATING TO VOLY. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION – WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE – EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
VolunteerNow may terminate or suspend your agency's account or ability to use VOLY, in whole or in part, at VolunteerNow's sole discretion, without notice or liability of any kind.
You may cancel your agency's VOLY account at any time by contacting VolunteerNow. Upon your request, VolunteerNow will delete your agency information within a reasonable time, provided that VolunteerNow may retain your information in its non-public databases for a reasonable period of time to support VolunteerNow's business requirements or as required by law. In that case, VolunteerNow will protect your information in a manner consistent with its then-current security procedures until the legal requirement expires or is removed.
In the event of any termination, whether by you or VolunteerNow, your agency's obligation to indemnify VolunteerNow as stated in these Terms will continue in full force and effect.
CHOICE OF LAW AND FORUM
These Terms and the relationship between you and VolunteerNow shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Unless expressly waived by VolunteerNow, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Dallas County, Texas. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of VOLY or these Terms must be filed within one (1) year after such claim of action arose or be forever barred. In the event of any action to enforce or interpret these Terms, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
These Terms are the entire agreement between you and VolunteerNow relating to the subject matter herein and supersede any prior agreements between you and VolunteerNow.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind VolunteerNow in any respect whatsoever.
The failure of VolunteerNow to insist upon or enforce the strict performance with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of VolunteerNow's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
These Terms may be modified by our posting of changes to these Terms on VOLY, or by written agreement of both parties. Each time you access VOLY, you will be deemed to have accepted any such changes.
EFFECTIVE DATE: August 25, 2013
REVISED DATE: August 6, 2015