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Terms and Conditions



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The following terms and conditions are in addition to and/or a supplement to these legal notices

PLEASE READ THESE TERMS OF SERVICE BEFORE YOU REGISTER TO USE OUR SERVICES. BY REGISTERING, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHICH GOVERN YOUR USE OF THE CONTENT, SERVICE AND WEB SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE VOLUNTEER ORGANIZATION TERMS OF SERVICE, PLEASE DO NOT REGISTER.

I. General Terms Applicable to Both Volunteers and Volunteer Organizations

The following terms and conditions in this Section I are applicable to both Volunteers and Volunteer Organizations. Sections II and III contain terms applicable to Volunteers and terms applicable to Volunteer Organizations, respectively. The terms and conditions in Sections II and III are part of this Terms of Service and will apply to Volunteers or Volunteer Organizations, as applicable, and are in addition to and not in lieu of the terms and conditions contained in Section I.

Description of Service

The Volunteer Solutions Service (the "Service") is a service offered through this web site (the "Web Site"). The Service is available to prospective volunteers who register to use the Service ("Volunteers") and to legally incorporated nonprofit or government entities, schools, faith-based organizations, neighborhood associations recognized as such by the applicable city or county, and for-profit organizations that engage volunteers in direct client contact ("Volunteer Organizations"); collectively, Volunteer Organizations and Volunteers shall be referred to as "You" or "you". Through the Service, Volunteer Organizations agree to notify us of volunteer opportunities for your organization and provide us with their contact information, and we will notify Volunteers of volunteer opportunities that may match their interests and include the contact information in a database made available to Volunteers.

The Services are offered to more than one Volunteer Organization; Volunteer Organizations acknowledge that the Service is intended to facilitate Volunteer Organizations' ability to connect with potential Volunteers. Accordingly, these Terms of Service are non-exclusive, and nothing in these Terms of Service will be construed to prevent us from allowing other Volunteer Organizations from participating in the Service.

Security

You agree to comply with any rules of operation and security procedures for the Service established by us from time to time. You agree that you will not attempt to gain or allow access to any data, files or programs to which they are not entitled under these Terms of Service, and that if such access is obtained you will immediately return such materials to us.

Termination

Either party may terminate these Terms of Service for convenience on thirty (30) days written notice to the other party. In addition, we may terminate your access to the Service immediately in the event of your breach of these Terms of Service.

Intellectual Property Rights

All text, software (including source and object codes), visual, oral or other digital material, photographs, information, data, graphics and all other content of any description included in the Service, including any information you send to us for inclusion in our database or for submission to Volunteers (collectively, the "Content"), and all copyrights, trade marks, service marks, patents, patent registration rights, trade secrets, know-how, database rights, and all other rights in or relating to the Service and the Content (collectively, the "Intellectual Property") are owned by us or by our licensors, and are protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States of America ("U.S."). The Service and the Content are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You may only use the Content, the Service or the Intellectual Property as expressly permitted by these Terms of Service and for no other purposes. Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring upon you any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, laws or treaties. Furthermore, you may not use any of our trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to, or are associated with, you or are used with our consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. All present and future rights in, and title to, the Service (including database rights and the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to us for our exclusive use.

Grant of License You irrevocably grant us a nonexclusive, royalty-free, world-wide and perpetual license to copy, display, disseminate, publish, translate, modify, reformat, or create derivative works from anything that you publish or post on the Web Site ("your information") or to combine your information with other material. As a user of this Web Site, you are granted a personal, nonexclusive, nontransferable, nonassignable, revocable, limited license to access and use the Web Site, Service and Content for your Personal Use only and not for commercial purposes. "Personal Use" means your use in a business, academic, professional, organizational or individual setting, but DOES NOT include (a) any activity or use that is in competition with us, (b) using the Content, or parts of the Content, to create your own database, or (c) using the Content, or parts of the Content, for financial or other gain for any party, individual or entity. You may download one copy of the Content and make one hard copy of the Content for your Personal Use. Otherwise, you may not duplicate, transmit, redistribute or publish the Content, or parts of the Content. You may not use any network monitoring or discovery software to extract information about usage or users of the Service. You may not use any robot, spider, other automatic device or manual process to monitor or copy the Content. Any violation of the foregoing provisions constitutes unauthorized use and may result in civil or criminal liability. Requests regarding use of the Service or the Content for any purpose other than Personal Use should be directed to ericas@unitedwayem.org.

Conduct

You are solely responsible for your information and warrant that you have all legal rights and licenses necessary for you to comply with the preceding paragraph. In connection with the Services and Content, you will not: (a) act in an unwanted, threatening, harassing, abusive or offensive manner toward any user; (b) use the Service for political, commercial or advertising purposes; (c) harm or exploit minors in any way, which includes requesting personal or other information; (d) post, submit or otherwise do anything with the Service, Content, or Web Site that is unlawful, harmful, tortious, defamatory, profane, obscene, libelous, or hateful to the average user; (e) act in a racially, ethnically, or otherwise objectionable manner; (f) collect or store personal data of any other user; (g) post or reference indecent or pornographic materials (whether in visual, textual, or audio format); (h) discuss, incite or otherwise solicit illegal activity; (i) violate or infringe upon the confidentiality, or proprietary or other rights, of any individual or third party,(j) send any communications to any user for any purpose other than Personal Use; or (k) transmit fraudulent, deceptive, or misleading communications or intercept or attempt to intercept email or other private communications not intended for you.

Links

Links to all third-party Web Sites are provided solely as a convenience to you and not as an endorsement by us or by the operator of this Web Site of the third party or of the content contained on the third-party Web Site. We do not monitor third-party Web Sites. We do not assume any responsibility for the content of linked third-party Web Sites or make any representation regarding the accuracy of materials on such third-party Web Sites. If you choose to access a linked third-party Web Site, you do so at your own risk.

Disclaimers

THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS " BASIS. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY OR INTEGRATION.

NEITHER WE NOR OUR LICENSORS make any representation, warranty or guarantee regarding the reliability, usefulness, adequacy, suitability, completeness, timeliness, or validity of the Service or the Content. Neither we nor our licensors are responsible for the content of any information, communication, or material developed, posted, or uploaded by a third party. NEITHER WE NOR OUR LICENSORS edit or control such information, communication or material, oR have any responsibility to you or any other party for the content of any information, communication, or material on this Web Site, including but not limited to errors or omissions.

No Endorsement

We provide the Service in conjunction with the operator of this Web Site as a convenience to the public. The Service is solely for the purposes of allowing Volunteers and Volunteer Organizations to communicate regarding volunteer opportunities. The inclusion of any organization, including without limitation Volunteer Organizations, or person, including without limitation a Volunteer, in the Service or the Content does not constitute a representation, warranty, or endorsement with respect to the competence, suitability, or reliability of such organization or person by us. Your contact with any such organization or person is at your own risk, and we are not liable for any damage, loss or injury resulting from your contact with any such organization or person. You agree that we are not endorsing, sponsoring or otherwise participating in the actual volunteer opportunities provided through this Service.

Accordingly, you agree that you will indemnify, defend and hold us harmless from any and all claims or suits (including, without limitation, reasonable legal fees and expenses) that arise out of your breach of these Terms of Service.

Limitation of Liability

NEITHER WE NOR ANY OF OUR LICENSORS SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE OR CONTENT. WE AND OUR LICENSORS DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND EXPENSES), RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, (A) ANY THIRD PARTY WEB SITES, SERVICES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE SERVICE); (B) THE TERMINATION OF YOUR ACCESS TO THE SERVICE; (C) ANY ERRORS IN, OR OMISSIONS FROM, THE CONTENT (INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS); (D) THE COMPLETE OR PARTIAL UNAVAILABILITY OF THE SERVICE OR THE CONTENT; (E) YOUR USE OF, OR INABILITY TO USE, THE SERVICE; (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICE; OR (G) ANY COMPUTER VIRUSES, "WORMS" OR "TROJAN HORSES," ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE WHICH IS ATTACHED TO, OR MADE A PART OF, THE SERVICE OR THE CONTENT BY ANY PERSON, GROUP OR ORGANIZATION.

Restrictions on Linking and Framing Activities

We are concerned about the integrity of the Web Site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, we are concerned with activities such as linking to an internal or subsidiary page of the Web Site that is located one or several levels down from the home page ("deep linking" or "deep link"), or bringing up or presenting content of the Web Site within another Web site ("framing" or "frame"). In this regard, without limiting the provisions contained in these Terms of Service, you must make a specific request for, and secure permission from, us prior to deep linking to, or framing, this Web site or any of its content, or engaging in similar activities. If you would like to deep link to, or frame, this Web Site, or any of its content, you must request permission from us by writing to ericas@unitedwayem.org.

Authorized Third Parties

We reserve the right to allow third parties to provide any necessary services to us and/or to users to enable us to provide the Service.

Remedies for Violations

We reserve the right to seek any and all remedies available at law, in equity or otherwise for violations of these Terms of Service, including, but not limited to, the right to block access to the Service from a particular Internet address.

Governing Law and Jurisdiction

These Terms of Service are governed by, and construed in accordance with, the laws of the U.S. and the Commonwealth of Virginia, without giving effect to its conflicts-of-law principles. You agree to submit to the personal jurisdiction of the federal and state courts located in the Commonwealth of Virginia with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of these Terms of Service.

Access Outside the United States

We do not represent that the Service or the Content are appropriate or available for use in countries outside the U.S. If you choose to access or use the Service from outside the U.S., you are responsible for compliance with foreign and local laws, if applicable.

General

These Terms of Service constitute the entire agreement with respect to your access to, and use of, the Service. If any provision of these Terms of Service is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

We reserve the right to change these Terms of Service at any time. Any changes to these Terms of Service are effective immediately. You are responsible for regularly reviewing these Terms of Service. Continued use of the Service after any such changes constitutes your consent to such changes.

The section headings in these Terms of Service are used solely for convenience and have no legal or contractual significance.

Notwithstanding any other provisions of these Terms of Service or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Service.

II. Terms Applicable Specifically to Volunteers

Registration; Password and Access to the Service

Your registration constitutes an application to use the Service. When you register, you agree to provide us with accurate, complete information. It is your responsibility to inform us of any changes to such information. You will create a password to access the Service. You are responsible for all use of the Service by anyone accessing the Service through your password, and you will defend, indemnify and hold us harmless from and against any and all claims, liabilities or expenses arising out of any such use of the Service.

Content

"Content" as defined under the Intellectual Property Rights heading includes without limitation the content of any email messages we send to you.

III. Terms Applicable Specifically to Volunteer Organizations

Registration; Password and Access to the Service

Your registration constitutes an application to use the Service. After you register, we review your application to determine your eligibility to use the Service. We also review any volunteer opportunities you provide us from time to time for eligibility for inclusion in the Service. The review process generally takes about two business days. When you register, you agree to provide us with accurate, complete information. It is your responsibility to inform us of any changes to such information. You will create a password to access the Service. You are responsible for all use of the Service by anyone accessing the Service through your password, and you will defend, indemnify and hold us harmless from and against any and all claims, liabilities or expenses arising out of any such use of the Service.

Content

"Content" as defined under the Intellectual Property Rights heading includes without limitation any information you send to us for inclusion in our databases or for submission to Volunteers.

Term

The initial term of these Terms of Service will expire twelve (12) months after the Effective Date (the "Term"). The Effective Date will be the date on which we grant our approval at the conclusion of the review process. The Term will automatically renew for successive one (1) year periods, unless one of us provides the other with written notice at least thirty (30) calendar days prior to the expiration of the then current Term that it does not wish for these Terms of Service to be renewed; provided, however, that if you do not update your information on the Web Site during any consecutive twelve (12) month period, these Terms of Service will automatically terminate at the end of such twelve (12) month period.

Indemnification

In addition to the indemnity specified above, the Volunteer Organization agrees that it will indemnify, defend and hold us harmless from any and all claims or suits (including, without limitation, reasonable legal fees and expenses) that are brought by a Volunteer or any other third party that is related to or arises out of volunteer opportunities provided by such Volunteer Organization.

Warranty by Volunteer Organization

Volunteer Organizations that list opportunities with us represent and warrant that they are either (a) legally incorporated nonprofit or government entities, schools, faith-based organizations, neighborhood associations recognized as such by the applicable city or county, or (b) for-profit organizations that engage volunteers in direct client contact.

Limitation of Liability

In addition to the limitation of liability provision above, the following limitation of liability applies. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE OR CONTENT. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND EXPENSES), RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS TAKEN OR OMISSIONS MADE BY ANY VOLUNTEER, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS TAKEN OR OMISSIONS MADE IN THE COURSE OF ANY VOLUNTEER'S PERFORMANCE OF SERVICES FOR YOU AS A DIRECT OR INDIRECT RESULT OF THE SERVICE.

Independent Contractors

Our relationship is that of independent contractors. These Terms of Service shall not be construed as creating an employer/employee, agency or joint venture relationship between the parties.

 

 


Contact United Way of Olmsted County, Inc.


The inclusion of any organization or person in this database does not constitute a representation, warranty, or endorsement with respect to the competence, suitability, or reliability of such organization or person by United Way of Olmsted County, Inc.; nor does United Way of Olmsted County, Inc. sponsor or endorse any third-party web site. Legal Notices
The Official Site Of United Way of Olmsted County's Volunteer Center
United Way of Olmsted County, Inc. - 903 West Center Street, Suite 100 - Rochester MN 55902
Phone (507) 287-2000 - FAX (507) 287-2063 - E-mail volunteer@uwolmsted.org