PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY GoVoluntr, Inc. ("COMPANY"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT www.govoluntr.com (THE "SITE") AND THE SERVICE OWNED AND OPERATED BY COMPANY (COLLECTIVELY WITH THE SITE, THE "SERVICE"). BY USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the "Terms of Use"), which term also incorporates the Privacy Policy available at www.govoluntr.com/privacy, and all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated by reference and each of which may be updated by Company from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
terms and conditions, which are incorporated into these Terms of Use by this reference. The Service is available only to individuals who are least 13 years of age or older. Those under 18 must have parent/guardian consent before signing up. You represent and warrant that if you are an individual, you are of legal age or that you have parental/guardian consent to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term "Content" includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:
You shall not, directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Company does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Company has no obligation to monitor the Site, Service, Content, or User Submissions. However, Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Company and select a password and screen name ("User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user's account without such other user's express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
GoVoluntr will make every effort to accurately record volunteer hours. As a Do Gooder it is your duty to ensure you have correctly entered volunteer time with GoVoluntr and provided the necessary verification from your project supervisor. If you notice an error in recorded volunteer time it is your responsibility to notify GoVoluntr of any errors in time entered for your project. If we receive notification of a mistake GoVoluntr will correct and revise the volunteer time up to 14 days after the completion of the project.
While GoVoluntr does its best to provide Do Gooders with a positive volunteering experience, we understand that every so often volunteers may have a negative experience. Although GoVoluntr cannot take responsibility for the actions of a project supervisor we will attempt to address and rectify the concern with the sponsoring organization. If GoVoluntr receives consistent grievances about wrongful treatment of Do Gooders, GoVoluntr reserves the right to prevent the sponsoring organization from future access to the GoVoluntr site and services.
Conversely, GoVoluntr hopes that all Do Gooders conduct themselves appropriately while volunteering on a project. If, however, a Do Gooder turns out to be a No Gooder and fails to fulfill the assigned responsibilities or act in a responsible manner for the sponsoring organization GoVoluntr cannot be held accountable for these actions. Upon notification from the sponsoring organization about such misconduct, GoVoluntr will make an earnest effort to address and rectify the concern. If GoVoluntr receives consistent grievances about inappropriate conduct from a volunteer, we reserve the right to prevent that individual from future access to the GoVoluntr site and services.
Joining GoVoluntr is free. Nonprofit Users and Volunteers may utilize applicable Services at no charge. While not in the foreseeable future, GoVoluntr reserves the right to charge a subscription fee ("Fees") for the use of certain aspects or all of the Services. GoVoluntr expressly reserves the right to change the Fees at any time, upon notice to you. When you use a GoVoluntr service with an associated fee you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. Changes to fees are effective after we provide you with notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.
You are responsible for paying all fees and applicable taxes associated with your use of the Site. In the event that Content is removed from the Service for violating the Terms of Use, all fees paid will be non-refundable, unless in its sole discretion GoVoluntr determines that a refund is appropriate.
We do not charge you a fee for becoming a Project Creator. GoVoluntr will retain 7% of each successfully funded project in order to cover the expenses incurred by doing business. We reserve the right to adjust the Fees with notice to current Project Creators.
Organization Accounts are purchasable, and billed, on a recurring periodic basis (e.g., daily, weekly, quarterly or annually). The recurring and periodic terms of these Services will be presented to you at the time of your purchase. By selecting recurring periodic Services you authorize us, if applicable, to process payment against the credit card or other payment method you have until you cancel such Services in accordance with its terms. GoVoluntr reserves the right to continue to bill the credit card or other payment method you have on file for any Services purchased prior to such cancellation. In the event of any change in the price of such Services (including, without limitation, the termination of any subsidy), GoVoluntr will notify you via its platform of such change prior to processing your payment at such higher price.
You are responsible for all associated renewal fees relating to your Organization account until you elect to cancel your subscription to the Site through your Organization Account. PLEASE NOTE: Notwithstanding anything to the contrary herein, in the event you wish to cancel your subscription, (a) you must initiate the cancellation process through your Organization Account, and (b) you must complete such cancellation in accordance with the instructions provided herein. Cancellations are not retroactive. If you cancel after your membership month has commenced, you will not be entitled to a refund for that month. Cancellations do not become effective until the starting date of the next membership month. A membership month begins on the calendar date when you subscribe to the Services and concludes on the day before that calendar date the following month.
GoVoluntr reserves the right to restrict your access to paid Services for failure to remit payment. If your credit card expires during the term of this Agreement, GoVoluntr reserves the right to charge any renewal card issued to you as a replacement. You agree to promptly pay Govoluntr in the event of any refusal of your credit card issuer to pay any amount to GoVoluntr for any reason. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, GoVoluntr may immediately suspend or terminate this Agreement and your access to the Services.
By registering for an Organization Account, you agree to pay GoVoluntr the Fees for the Service applicable to the account level chosen. Fees for the Service do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use the Service. All Fees, Taxes (as defined herein) and other charges will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay GoVoluntr all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, "Taxes") for the use of the Services or resulting from this Agreement, whether imposed now or hereinafter by any governmental entity.
The information presented or contained in the Site (including, but not limited to, the Material) or provided through the Service (collectively, the "Content") is presented for informational purposes only, which should not be construed as advice. No advice or information, whether oral or written, obtained by you from a Volunteer or Nonprofit User or from the Services shall create any warranty not expressly stated in this Agreement. The advice or information provided by Volunteers is provided for informational purposes only and cannot be considered a substitute for professional advice. No action should be taken based upon any information contained in the Services. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any opinion, advice, or information contained in the Services.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Company grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
GoVoluntr respects the intellectual property of others, and we ask our users to do the same. GoVoluntr may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. GoVoluntr will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.
The Service provides you with the ability upload your content to the Site. Company will not have any ownership rights in your content, however, Company needs the following license to perform the Service. You hereby grant to Company the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit ("Host") the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text ("Artworks") in connection with the Service); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Service.
You agree to pay all royalties and other amounts owed to any person or entity due to your submission of your content to the Service or the Company's Hosting of the content as contemplated by these Terms of Use.
To enable Company to Host your content pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the "Trademarks") solely in connection with the Service.
The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "User Submissions"). By Submitting User Submissions on the Site or otherwise through the Service, you:
Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
By using the Services, you consent to receive from GoVoluntr all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. GoVoluntr may provide such electronic Contract Notices by posting them on the GoVoluntr Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the GoVoluntr Site and Services.
These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the company (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over GoVoluntr or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
To become a Project Creator, your organization must be a certified tax exempt not-for-profit organization as defined under U.S. IRC ¤50(a).'Š In addition, you must be in "good standing;'“ ie. we must not have any information about problems with your organization's public accountability. You will promptly update and notify us in case of any changes, if your status as a Project Creator varies, and/or if the IRS or any state or local government agency initiates an inquiry into your status.'Š You agree to provide any information that we may reasonably require related to your Tax-Deductible status.
You will be considered a Project Creator only after you have completed your registration, after we have reviewed and approved your organization and it's U.S. IRS 501(a) eligibility, and until this Agreement is terminated for any reason. You must provide a copy of your 501(c)(3) certificate or an IRS ruling or determination letter proving tax exempt status.
You may update your Nonprofit Profile using our online tools or by contacting us. You agree to update your Nonprofit Profile as necessary to maintain its accuracy, or when requested by us.
You acknowledge that we make no promise that you will receive any donations at all.
Any donations distributed require an Amazon Payments account. You also agree to provide us with proof or information regarding your Amazon Payments account upon request.
We reserve the right not to distribute a donation to you (even if you are the Charitable Beneficiary for that donation), if: