Former Privacy & Terms

 

 

 

Former Privacy Policy

View updated version here

Our Commitment To Privacy
Your privacy is important to us. Our ongoing commitment to the protection of your privacy is essential to maintaining the relationship of trust that exists between Impact Online DBA VolunteerMatch, Inc. ("VolunteerMatch" "we" or "us"), the nonprofits or other volunteer organizations seeking volunteers (each, an "Agency"), and our users. This privacy policy (the "Privacy Policy") is intended to help you understand how we collect, use, and disclose your information.

 

User Consent
By submitting Information through our services, you expressly consent to the processing of your Information according to this Privacy Policy. Your Information may be processed by us in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Information may be less stringent than laws in your country.

 

The Information We Collect
You may have accessed VolunteerMatch by visiting http://www.volunteermatch.org/, by using our mobile application, or through the site of one of our third-party partners with whom we have teamed to provide volunteering services (collectively, the "Services"), such as a VolunteerMatch co-branding partner or a corporate partner (collectively, "Partners"). This notice applies to all information you submit to VolunteerMatch through the Services. Please note that we cannot be responsible for the information you submit directly to third parties, including our Partners, who may have their own posted policies regarding the collection, use, and disclosure of your information. We urge you to review the policies of our Partners through whom you may access our services.

The types of information, including without limitation personal information, ("Information") we may collect from users through the Services are:

    • First and Last Name
    • Email address and password
    • Telephone number
    • Address, City and State (optional)
    • Country and Postal Code
    • Comments and feedback about volunteer experiences (optional)
    • Connection history
    • Geo-location information
    • Information about your interests and skills (optional)
    • Customized email preferences (optional)
    • Resume (optional)
    • Other categories of information required or requested by an Agency to register for a particular volunteer opportunity.

For Agencies who use the Services to host volunteer opportunities we may collect:

    • Administrator Information - First and Last Name; Email; Telephone Number; Postal Code; Username and Password. Address and City (optional); State; Country
    • Agency Information - Agency Name; Contact Information (Contact Title, First and Last Name, Telephone Number, Address, City, State, Country, Postal Code, Email); Description of Services; Mission Statement; Tax ID/EIN, NCES school ID, and/or proof of non-profit status, as applicable; Affiliations; Volunteer Type Category. Web site Address; Fax (optional).
    • Volunteer Opportunity Information - Opportunity Title; Contact Email; Description; Volunteer Type; Location Information (either Street Location or "Virtual" Designation). Required Skills and Other Requirements; Date; Time; Commitment Information; Volunteer Age; Group Size (optional); photo (optional).

How We Use Information

We do not sell, rent, or trade our user Information (whether volunteer, administrator, or nonprofit users) to outside parties. We use the Information we collect about you to provide and improve the Services, facilitate the volunteering process, respond to your requests, and to provide information to you about VolunteerMatch and related industry topics.

Please be aware that, to the extent reaccquired to provide our services, we share your Information with volunteer users, Agencies, our third-party service providers, or our Partners, as applicable. We may use our email lists for sending out VolunteerMatch outbound communications. We also reserve the right to use your Information to send you transactional e-mails, and you cannot opt out of receiving transactional e-mails without deleting your account (by emailing us at support@volunteermatch.org).

Please note that any feedback or comments provided by you on the Web site may be generally accessible by any visitor to the Web site. Therefore, please take care when posting feedback or comments to the site, as you will forfeit the privacy of that information.

 

If you are a volunteer user, we may also use your Information in the following ways:

If you indicate to us that you are interested in creating a personalized account, the information we gather from you will be used to provide you with the Services and permit you to: access the account, customize your profile with skills and interests, customize outbound email services, review your connection history and/or post a resume that can be sent as an attachment to inquiries you make using the VolunteerMatch service.

If you indicate to us that you are interested in a particular volunteer opportunity and provide us with your Information using the Services, we will forward your Information to the Agency that listed that opportunity so that the Agency can contact you regarding your potential involvement, and, if the particular Agency (including an Agency that is a Partner) has a regional or national office or is closely affiliated with or a member of a related Agency (each, an "Affiliate"), then we may also share your Information with the applicable Affiliate. Each such Agency, however, has its own policies regarding collection and use of personal information and we are not responsible for their use of your Information. For more about an Agency's policy, please contact them directly using the contact information posted for that Agency on our Web site.

To the extent that you have provided any Information to us through our Services regarding volunteer opportunities associated with one of our Partners or have accessed the Services through a Partner, we may share your Information and connection history with the applicable Partner. Each of our Partners has its own policies regarding the collection and use of personal information, and VolunteerMatch is not responsible for their use of your Information. Furthermore, our Partners may collect additional information from you, independent of VolunteerMatch.org, in connection with the volunteer services.

If you are an Agency, we may also use your Information in the following ways:

If you submit Information to us as an Agency, then, subject to the terms and conditions as a nonprofit member of VolunteerMatch, your Information (excluding your EIN number) will be accessible by anyone who accesses VolunteerMatch. In addition, we may share your Information, including your EIN number, with selected Partners in order to verify your Agency's identity and tax status.

Agencies who receive email addresses from potential volunteer signups are strongly encouraged to adopt privacy standards similar to those of VolunteerMatch (but in each case, you must comply with all applicable privacy laws and regulations). Inappropriate use of personal information received from VolunteerMatch may jeopardize nonprofit membership with VolunteerMatch. VolunteerMatch reserves the right to determine, in its discretion, what constitutes inappropriate use of this information and to terminate Agency access to the Services for such misuse.

 

Third-party Access and Use

Occasionally, we or our Partners, use third-party service providers to help provide or improve the services we offer you. Sometimes these providers have access to the Information we collect about you as a part of providing, maintaining, and improving the Services.

We share aggregate information about our users with certain third parties. This information shows user activity at a group level, rather than on an individual basis.

In the unlikely event that VolunteerMatch undergoes a sale or transfer of all or substantially all of its assets, the acquiring entity may use your Information subject to this Privacy Policy. In addition, in the further unlikely event that VolunteerMatch is adjudicated bankrupt or insolvent (a) there will be no further use or disclosure of your personally identifiable Information by VolunteerMatch and (b) reasonable efforts will be taken to ensure your personally identifiable Information on VolunteerMatch's servers will be destroyed. In addition, there will be no use or disclosure of your personally identifiable Information by any entity that acquires assets of VolunteerMatch pursuant to such bankruptcy or insolvency proceedings.

Due to factors beyond our control, however, we cannot fully ensure that your Information will not be disclosed to third parties. For example, we may be legally obligated to disclose Information to the government or third parties under certain circumstances, or third parties may circumvent our security measures to unlawfully intercept or access your Personal Information.

 

Children's Privacy

We welcome Volunteers of all ages, including children under the age of thirteen. Due to our status as a non-profit organization, we are not required to comply with the Children's Online Privacy Protection Act (COPPA). However, we strongly encourage our volunteers aged thirteen and under to use our Services only with parental consent and supervision.

 

Cookies and Analytics

Cookies are tiny data files that web sites commonly write to your hard drive when you visit them so that they can remember you when you visit. A cookie file contains information that can identify you anonymously and maintain your account's privacy. Our Service uses cookies to maintain a user's identity between sessions so that the site can be personalized based on user preferences or a user's history. We may use information collected using third party cookies (for example, Google AdSense and DoubleClick) and Web beacons on our Services to deliver VolunteerMatch advertising displayed to you on third party sites. We also use cookie information to know when you return to our Site after visiting these third party sites. We also use analytics services (Such as Google Analytics, Optimizely, ClickTale, New Relic, and others) to help analyze how users use the Services. These analytics services use cookies to collect and store information such as how often users visit the Services, what pages they visit, and what other sites they used prior to coming to the Services. We also use the information from these analytics services to improve our Services and to provide reporting to our Partners regarding site activity and utilization. Please see the following links for more information about Google Analytics, DoubleClick, and Google AdSense: http://www.google.com/policies/technologies/ads/ and http://www.google.com/policies/privacy/.

You can set your web browser to prompt you before you accept a cookie, accept cookies automatically or reject all cookies. However, if you choose not to accept cookies from this web site, then you may not be able to access and use all or part of this web site or benefit from the information and services that it offers.

 

Web Beacons

Pages on the Services and emails that VolunteerMatch sends to you may contain small image files called web beacons. Web beacons are used as a mechanism to help us track your visits to our site and whether or not you open our emails. In addition, we use several third-party services that embed web beacons on our site for similar tracking purposes. These third-party services are used to provide additional features to users, such as the ability to share content on our site with your social network.

 

Links

The Services contain links to other third-party sites. VolunteerMatch is not responsible for the privacy practices or the content of such third-party sites.

 

How You Can Review Or Correct Your Information

If you are a nonprofit member or volunteer with a personal VolunteerMatch account (either through our mobile application, http://www.volunteermatch.org/, or a Partner's Web site) you may review and make changes to all of your Information that we collect and maintain online by simply inputting your username and password where indicated on the applicable Service.

If you are a volunteer with a personal VolunteerMatch account, once you login in, you may make any changes or correct factual errors in your account by changing the information on your login page. This option is available to better safeguard your Information, subject to downtime for standard maintenance and support. You do not need to contact us to access your record or to make any changes. If you have problems changing your Information, please contact Community Services at support@volunteermatch.org.

If you are an Agency administrator, you may make any changes or correct factual errors in your administrator, organization and opportunity information. We use this procedure to better safeguard your Information. You do not need to contact us to access your record or to make any changes. If you have problems changing your Agency's Information, please contact Community Services at support@volunteermatch.org.

If you are a nonprofit member or volunteer with an account and would like to have your Information deleted from the site, you may contact Community Services at support@volunteermatch.org.

 

Your Choices Regarding your Information and Newsletters & Communications

Subscriptions to VolunteerMatch newsletters and Opportunity Alerts are optional and VolunteerMatch allows Agencies, volunteers, subscribers or other users to unsubscribe from these newsletters and alerts at any time. In each newsletter we provide instructions regarding how to opt-out from receiving future newsletter mailings. You can change your alert settings by visiting the Opportunity Alert section of the Services. You can also email us at support@volunteermatch.org to remove your name from our newsletter subscription database and ensure that you will cease receiving future newsletters from us.

We may also use our email lists for sending out other non-promotional VolunteerMatch outbound communications such as product enhancements, tool upgrades, or service availability. Registered members are required to receive these communications.

When you visit our Services, we and others give you the following choices about use of mechanisms for tracking, including tracking of your online activities over time and across different websites and online services by third parties. Many Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies from VolunteerMatch and other parties. If you choose to remove cookies or reject cookies, this could affect certain features of our Services. You can choose to opt-out of use of cookies by certain third-party analytics providers and advertising networks to deliver ads tailored to your profile and preferences. Many such third parties are a part of the National Advertising Initiative opt-out: https://www.networkadvertising.org/choices/. If you delete your cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choice. While we and others give you choices described in this Privacy Policy, there are many ways Web browser signals and other similar mechanisms can indicate your choice to disable tracking, and we may not be aware of or honor every mechanism.

 

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of Information, we have put in place reasonable physical, electronic, and managerial procedures in an effort to safeguard and secure the Information we collect online. If you have any questions about our data security or data retention practices, please email us at support@volunteermatch.org and we will work to provide you with the answers you require.

 

Changes to Policy

This Privacy Policy is subject to occasional revision. If we make any changes to this Privacy Policy, we will change the "Last Updated" date above.

 

How To Contact Us

We appreciate your questions or comments about this privacy statement, the practices of the Services, or your dealings with VolunteerMatch. We also want to work carefully with you to resolve any disputes or issues you might have. Please send an email to support@volunteermatch.org or you can send snail mail to 

VolunteerMatch
5424 Sunol Blvd, Suite 10 PMB 1164
Pleasanton, CA 94566-7705

Effective Date: May 15, 2018

 

Former Terms of Service & Use

View updated version here

Impact Online, Inc. DBA VolunteerMatch ("VolunteerMatch," "we," or "us") provides the VolunteerMatch site available at https://www.volunteermatch.org/ ("Site") and associated mobile application ("App"). The Site and App offers the services, including but not limited to the VolunteerMatch online volunteer matching service and various syndication services, and other information and services related thereto (collectively, the "Services") to our users, whether they be nonprofit organizations, volunteers, readers of our newsletters, alerts, and/or blog, registered VolunteerMatch members, or other visitors to the Site. "You" means the individual person entering the Terms on his or her own behalf; or, if the Terms arebeing entered on behalf of an organization, such as an employer, "you" means the organization on whose behalf which this Agreement is entered, and in the latter case, the person entering this Agreement represents and warrants that he or she has the authority to do so on your behalf.

These VolunteerMatch Terms of Service and Use set forth the legally binding terms of your access to and use of the Site, App, and Services (the "Terms").

Please read the Terms carefully. You understand and agree that these terms set forth the legally binding terms and conditions for your use of the Site, App, and Services, and the Site, App, and Services are made available and provided to you under these Terms. By visiting, using or accessing Site, App, and/or the Services, you agree to comply with and be bound by the Terms. If you do not agree with these Terms, you should leave the Site and discontinue use of the Site, App, and Services immediately. If you wish to register as a VolunteerMatch member to make use of the Services reserved for members, you must read these Terms and indicate your acceptance during the registration process. Note, however, that these Terms apply to your access to and use of the Site, App, and Services regardless of whether you register an account as a VolunteerMatch member. We reserve the right to terminate your use or access to the Services at any time for any reason, including, without limitation, if we learn that you have provided false or misleading information or have violated the Terms.

1. VOLUNTEERMATCH ACCOUNT

Registering. Depending on what Services you desire to receive, you may need to register and become a VolunteerMatch member. You will find registration instructions on the Site.

Eligibility. By registering as a VolunteerMatch member, you represent that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. Your member profile may be deleted or suspended without warning if we have reason to believe that you do not meet eligibility requirements.

Email address and Password. If you sign up to become a VolunteerMatch member either to post volunteer opportunities or to search volunteer opportunities, you will also be asked to choose an email address and password for your VolunteerMatch profile. You are solely responsible for maintaining the confidentiality of your password and all use of your VolunteerMatch email address, password, and profile. You agree not to use the VolunteerMatch profile, email address, or password of another VolunteerMatch member at any time unless expressly authorized by such VolunteerMatch member. You agree to notify us immediately if you suspect any unauthorized use of your VolunteerMatch profile or access to your password.

Fees. If you are posting volunteer opportunities on the Site, you acknowledge that we reserve the right to charge for the Services and to change the fees from time to time in our discretion, upon notice to you at the then-current e-mail address stored in your VolunteerMatch profile. Upon using the Services to post volunteer opportunities, you will be responsible for the payment of any applicable fees, and shall pay such fees to us.

Term. This Agreement shall remain in full force and effect while you use the Site, App, and/or Services, or are a VolunteerMatch member. You may terminate your VolunteerMatch membership at any time, for any reason, by sending an email to support@volunteermatch.org. We may terminate or suspend your membership for any reason in our sole discretion, effective immediately upon sending notice to you at the primary e-mail address you have stored in your VolunteerMatch profile.

Access to the Site, App, and Services is made available for your personal, internal, non-commercial use. You may not frame the Site or Services, or make available, or facilitate distribution of the Site, Services, App, or Content (as defined below) through any means or medium unless otherwise expressly approved in writing by VolunteerMatch.

2. YOUR RESPONSIBILITIES

You must not use the Site, App, or Services to: (a) violate any local, state, national or international law or regulation; (b) violate any third-party right, including any intellectual property or privacy right; (c) stalk, harass, threaten, or harm another individual; (d) collect or store personal data about other users without their express consent; (e) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity (including a non-profit organization or VolunteerMatch); or (f) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, through the use of automated software or otherwise. You must not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content, Site, or Services, use of the Content, Site, App, or Services, or access to the Content, Site, App, or Services. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, App, or Services or access the Site, App, or Services in order to build a similar or competitive service. You may not introduce software or automated agents to the Site, App, or Services so as to produce multiple accounts, generate automated searches, requests, and/or queries, or to strip, scrape, or mine data from the Site, App, or Services. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to access the Services or monitor or copy our web pages or the content contained thereon; or (c) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. All information that you provide to us will be true, accurate and current.

3. MODIFICATIONS TO TERMS

We may change the Terms or the VolunteerMatch Privacy Policy, from time to time. We will notify you of any such changes via e-mail or by posting notice to the Site and/or App. You agree that such amended Terms will be effective 30 days after the notice is sent to you or posted on the Site and/or App, and your continued access to the Site or App or use of the Services after that time shall constitute your acceptance of the amended Agreement. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. These changes will be effective immediately for new users of our Site, App, or Services. If you object to any such changes, your sole and exclusive remedy shall be to terminate your membership by sending an email to support@volunteermatch.org. In addition, certain areas of the Services may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such areas conflict with these Terms, these Terms shall control. Any future release, update, or other addition to functionality of the Site, App, or Services shall be subject to these Terms.

4. SYNDICATION SERVICES

Some of the Services offered via the Site and/or App involve the distribution or syndication of VolunteerMatch Content via downloadable widgets (including without limitation the "Site Syndication" or "Search Lite" widget), client applications, RSS, or other technologies that allow the distribution or syndication of content authorized by VolunteerMatch ("Syndication Services"). Some of the Syndication Services may be subject to separate or additional terms and conditions ("Additional Terms"). In the event that no Additional Terms apply to particular Syndication Services which you receive, the terms of this Section 4 apply to your use of the Syndication Services. VolunteerMatch grants you a non-exclusive, non-transferable, revocable, limited, non-sublicenseable license to (i) access and use the Syndication Services, (ii) download and install any software provided by VolunteerMatch to you that is required to use the Syndication Services as contemplated by VolunteerMatch ("Code"), and (iii) view the Content that VolunteerMatch delivers to you via the Syndication Services, in each of the foregoing cases, solely for your personal, internal, non-commercial use of viewing or making available for viewing Content on a website owned or controlled by you. All rights not expressly granted by VolunteerMatch to you are reserved.

You acknowledge that the Code and its structure, organization and source code may constitute valuable trade secrets of VolunteerMatch and its suppliers. Except as expressly allowed under Section 5 or otherwise in writing by VolunteerMatch, you must not (a) modify, adapt, alter, translate, or create derivative works from the Code or the Content; or (b) sublicense, distribute, sell, use for service bureau use, lease, rent, loan or otherwise transfer the Code or Content to any third party.

5. MODIFICATIONS TO SERVICES

We reserve the right to modify or discontinue the Site, App, or Services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Site, App, or Services. If you object to any such changes, your sole recourse shall be to cease using the Site, App, and/or Services. Continued use of the Site, App, and/or Services following notice of any such changes shall indicate your acknowledgment of such changes and satisfaction with the Site, App, and/or Services as so modified.

6. PRIVACY

The collection, use, and disclosure of your personal information is described in our Privacy Policy (above).

7. THIRD PARTY CONTENT AND MONITORING

We are a distributor and publisher of content supplied by users of the Services and by other third parties ("Content"). Accordingly, we have no editorial control over such Content. Any services, offers, or other information expressed or made available by third parties as part of the Content, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of us. We neither endorse nor are responsible for the accuracy or reliability of any Content, or opinion, advice, information, or statement made on the Services by anyone. We have the right, but not the obligation, to monitor and review the Content on the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not monitor Content for accuracy or reliability. You acknowledge and agree that by using the Site and the Services, which include maps provided by Google, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

8. YOUR CONTENT; LICENSE; REPRESENTATION AND WARRANTY

You are solely responsible for any information, comments, feedback, data, materials, photos or other content of any type or description that you provide or make available to us through or to the Site, App, or Services, including any data entry forms found through the Site ("Your Content"), and we act as a passive conduit for the distribution and publication of Your Content. However, we reserve the right to remove Your Content if we believe Your Content violates these Terms or may otherwise create liability for us. You represent and warrant that Your Content (a) does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) is not defamatory or trade libelous; (d) is not pornographic or obscene; (e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; and (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines. You hereby grant to us a worldwide, perpetual, irrevocable and royalty-free license, sublicensable through multiple tiers of sublicensees, to use, reproduce, modify, distribute, display, perform, and create derivative works from Your Content in any media or through any means now known or not currently known for the purposes of providing and maintaining the Services. You acknowledge that some of Your Content will be publicly available for other users of the Site, App, or Services to view, such as feedback and comments. You acknowledge and agree that you are solely responsible for Your Content.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Site, App, or Services in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed and an identification of the material on the Site, App, or Services that you claim is infringing; (iii) a description of where the material that you claim is infringing is located on the Site, App, or Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. In connection with our Site, App, and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights. VolunteerMatch's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, VolunteerMatch
5424 Sunol Blvd, Suite 10 PMB 1164
Pleasanton, CA 94566-7705 USA; Facsimile: +1 (510) 227-2787; Attn: Copyright Agent; and email: copyrightagent@volunteermatch.org. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys' fees incurred by us in connection with the written notification and allegation of copyright infringement.

9. INTELLECTUAL PROPERTY

You acknowledge that VolunteerMatch and its suppliers owns all right, title and interest in and to the Services, including without limitation, the Site, App, and Content (excluding Your Content), and all underlying software and technology, including without limitation all Intellectual Property Rights. The provision of the Site, App, and Services does not transfer to you or any third party any rights, title, or interest in or to such Intellectual Property Rights. VolunteerMatch and its suppliers reserve all rights not granted in these Terms. If you provide VolunteerMatch with any feedback or suggestions regarding the Site, App, or Services ("Feedback"), you hereby grant VolunteerMatch an unlimited, worldwide, royalty-free, and irrevocable license to use, distribute, creative derivative works of, or otherwise exploit such Feedback in any manner. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

10. RESPONSIBILITY FOR DEALINGS WITH THIRD PARTIES

If you are using the Services to find volunteer opportunities, 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 ("Volunteer Organization"), including posting or acceptance of volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between you and the Volunteer Organization you choose to deal with. YOU AGREE THAT VOLUNTEERMATCH 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 VOLUNTEERMATCH ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A VOLUNTEER 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, including posting volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between you and the volunteer. YOU AGREE THAT VOLUNTEERMATCH 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 VOLUNTEERMATCH ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A VOLUNTEER.

Release. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other VolunteerMatch users (including volunteer opportunities), or (ii) your participation in any volunteer activities or activities arising from or related to your use of the Services.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

11. LINKS

Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside sites or their content. We encourage you to review the terms of use and privacy policies for any such third party links you visit on the Site, App, or Services. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.

12. TERMINATION

You agree that we, in our sole discretion, may terminate your VolunteerMatch membership or other use of the Site, App, or Services without prior notice, and remove and discard Your Content from the Site, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time by emailing support@volunteermatch.org.

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE, APP, AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES, APP, AND SITE ARE ALL PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VOLUNTEERMATCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. VOLUNTEERMATCH MAKES NO WARRANTY THAT THE SERVICES, APP, OR SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES, APP, OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VOLUNTEERMATCH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, APP, OR SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, APP, OR SITE, OR THAT DEFECTS IN THE SERVICES, APP, OR SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, APP, OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. VOLUNTEERMATCH MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES (INCLUDING VOLUNTEER OPPORTUNITIES) THROUGH THE SERVICES, APP, OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE, APP, OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VOLUNTEERMATCH OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

14. LIMITATION OF LIABILITY; RELEASE

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL VOLUNTEERMATCH OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, APP, OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The aggregate liability of VolunteerMatch to you for all claims arising from or related to the Site, APP, or the Services OR THESE TERMS is limited to one-hundred dollars ($100).

15. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

16. INDEMNIFICATION

You agree to indemnify, defend and hold harmless VolunteerMatch, its parents, subsidiaries, affiliates, officers, directors, co-branders and other partners (including third-party partners to whom VolunteerMatch may provide Your Content ("Third Parties")), employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that VolunteerMatch or Third Parties may incur as a result of or arising from (1) Your Content and any information you (or anyone accessing the Services using your password) submit, post or transmit through the Services, (2) your (or access to the Services as you) violation of these Terms or applicable law or regulation, (3) your (or anyone using your account's) violation of any rights of any other person or entity (including, but not limited to, third party privacy rights), or (4) any information or content we collect from third parties through the Site or Service at your request, or (5) any viruses, trojan horses, worms, time bombs, cancelbots, spyware or other similar harmful or deleterious programming routines input by you into the Services.

17. TRADEMARKS

Certain of the names, logos, and other materials displayed in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

18. COPYRIGHTS; RESTRICTIONS ON USE

The content made available to you through the Services, other than Your Content, including without limitation, text, databases, software, code, music, sound, photos, and graphics ("Our Content"), is (1) copyrighted by VolunteerMatch and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by VolunteerMatch or its licensors. Our Content, and Content (except Your Content), may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission or the prior written permission of our applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for (a) your personal, noncommercial use if you are a volunteer or (b) your archival purposes, if you are a nonprofit or public service organization. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Content.

19. MISCELLANEOUS

The Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. The Terms and the relationship between you and VolunteerMatch shall be governed by the laws of the State of California, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms, or your use of, the Services must be instituted exclusively in the federal or state courts located in San Francisco County, California and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. This Agreement cannot be transferred or assigned by you without VolunteerMatch's prior written consent. The terms of this Agreement can only be modified as set forth in Section 3 or upon VolunteerMatch's written agreement.

20. SURVIVAL

The terms of Sections 5 through 21 as well as any other limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. Our (and our licensors') proprietary rights (including any and all Intellectual Property Rights) in and to Our Content and the Services shall survive the expiration or earlier termination of the Terms for any reason.

21. VIOLATIONS

Please report any violations of the Terms to support@volunteermatch.org

Effective Date: May 31, 2008

 

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