Volunteer Square, Inc. Access Agreement
Volunteer Square, Inc. makes available a website for nonprofit organizations to publicize their need for volunteers, at www.volunteersquare.com, and a service allowing a) prospective volunteers to identify themselves to a nonprofit organization, and b) the nonprofit (“you” or “the nonprofit”) to contact prospective volunteers (“the Services”). In this agreement “nonprofit” means an entity formed under state nonprofit law, including those with or without a 501c3 federal tax exemption, and government entities formed for nonprofit activities. You wish to use the website and Services. This agreement sets out the terms under which Volunteer Square, Inc. (“we” or “us”) will make available and you will use the website and Services. You agree to the terms of this agreement by clicking on the “I agree” button below. This agreement will begin when you have clicked on “I agree” and we notify you by email that we accept your offer to enter into this agreement.
1. OUR RESPONSIBILITIES
We will: a) post on our website information you give us about the nonprofit and your volunteer needs, and b) make available to you information provided by prospective volunteers, without a background check or any screening for the suitability or reliability of the person or accuracy of the information. The information will include name, contact information, volunteer interests, and skills.
2. YOUR RESPONSIBILITIES
You agree to provide us with accurate information about the nonprofit and your volunteer needs. You will promptly notify us by email at firstname.lastname@example.org of any changes in that information, such as if your volunteer needs have been met. You agree to use the website and Services a) only for attracting and identifying prospective volunteers, and b) only for lawful, noncommercial purposes within your mission, and not to use the website or Services to fundraise or to promote products or services.
4. RIGHTS IN DATA
From time to time, you may post material such as text, graphics, user interfaces, visual interfaces, photographs, sounds, audio, video, artwork, computer code, interactive features, and any other materials, along with the “look and feel” of all of the above (“Content”), placed on the website or used in the Services. Content does not include Information. You hereby grant us a nonexclusive, irrevocable, worldwide, and royalty-free right to use, copy, perform, execute, display, distribute, and create derivative works of, including the right to sublicense all Content in connection with our website, Services, and mission. In addition, you grant us the irrevocable, worldwide, royalty free right to use your name, tradename, and trademarks (“Trademarks”) in connection with our website, Services, and mission. You represent and warrant that you own or have the right to license the Content and Trademarks to us.
We grant you the right to use our name and the trademark which includes the words “Volunteer Square”, on your website, without any modification of its appearance on our website, other than size. You may only modify the size if the proportions in the resulting image are the same as in the original trademark. This license is for the life of this agreement.
5. DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, RELEASE, AND INDEMNITY
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS", AND "AS AVAILABLE", WITH ALL FAULTS. WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES RELATING TO THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM THEIR USE.
IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, OR THIRD PARTIES WE USE TO IMPLEMENT THE WEBSITE AND SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF SUCH PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER APPLIES TO ALL CLAIMS AND DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. You will not be liable to us for punitive damages for claims arising out of this agreement or your use of the website or Services.
Some jurisdictions do not allow the disclaimer of certain warranties or limitation of liabilities. Therefore, some of the disclaimers and limitations above may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under the applicable law.
You hereby release us, our officers, directors, employees, volunteers, and licensors or who we use to implement the website or Services, from all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs), including without limitation personal injuries, death, and property damage, related to or arising from any your use of the website and Services and resulting activities.
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, volunteers, and third parties we use to implement the website and Services from and against any and all third party claims, liabilities, damages, losses, and costs, (including reasonable attorneys' fees and court costs) that such parties may experience as a result of your use of the website or Services or breach of this agreement.
We may change the agreement from time to time by written notice to you, including that we may charge for the website or Services. We may also change or discontinue the website or Services with or without notice to you. In addition, we may in our sole discretion and without notice decline to post your Content. We may terminate your use of the website or Services or this agreement by notice to you. We may remove and discard your Content from the website without your consent. If you disagree with any of these changes or are dissatisfied with the website or Services your sole remedy is to stop using the website and Services. You may end this agreement at any time by discontinuing your use of the website and Services and notifying us by email at email@example.com. Sections 3, 4, 5 and 6 will survive termination of this agreement.
Volunteer Square, Inc.
304 Main Avenue #424
Norwalk, Ct. 06851