Terms of Use

Terms of Use

Version effective as of July 1, 2019

This website (the “Website”) is operated by The Volunteer Service LLC. (“TVS”). The Terms of Use set forth below are binding on all users of the Website. By directing your browser to the Website or otherwise accessing the pages of the Website, you accept these Terms of Use. TVS may change the Terms of Use, or may modify or discontinue the Website or services offered thereon, at any time at its sole discretion. TVS reserves the right, at its sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that TVS determines has violated any aspect of these Terms of Use. TVS reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by TVS.

Age Restriction

The Website is intended for use only by U.S. residents who are 13 years of age or older. If you are not a U.S. resident and 13 years of age or older, do not use or submit any information to the Website.  If you are under 13 years of age, your parent or legal guardian will need to register to use the Website on your behalf.

Interactions with Others

The Website provides a subscription based platform for individuals to learn about and sign up for volunteer service opportunities (the “Services”). We are not a party to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes, or any relations whatsoever between you and any other person or organization, whether or not you found or otherwise interacted with such person or organization through, or as a result of your use of, the Website.

We cannot and do not confirm the identity of any person or organization using the Website. You are solely responsible for determining the identity and suitability of others with whom you may interact through, or as a result of using, the Website. We do not represent or warrant that the Website is sufficient to determine whether it is appropriate for you to interact with others. Further, we do not endorse any persons who use or register on the Website.

We do not investigate or verify any person or organization’s reputation, conduct, morality, criminal background, or any information others may submit to the Website, and the burden is on you to investigate the legitimacy of any organization, posting, or service opportunity. In this regard, please be aware of scammers, and note that the service opportunities presented through the Website are intended to give you the chance to help others by donating your time and efforts (and possibly materials, if appropriate, for example, in the assembly and preparation of humanitarian aid kits). If, however, any person or organization you encounter through the Website requests that you contribute money, you should notify us immediately, as this is contrary to our policy and the purpose of the Website.

No Control Over Third Parties

No service opportunities, meetings, events, organizations, or individuals listed on the Website are controlled by us, and individuals participating with such do so at their own risk.Remember, the Website is just a platform that enables you to communicate and interact with other people and organizations in your community and around the world. We cannot be responsible for the interactions that you have with other individuals on, through, or as a result of your use of the Website, so please use good judgment and keep safety in mind when you use the Website.

Release of Claims

Because the Website is merely a platform, in the event that you have a dispute with one or more persons or organizations, you release us (and our officers, directors, members, employees, agents, volunteers, and affiliates) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

User Content

The services provided on the Website allow you to post content relating to service and volunteer opportunities. That content may include images, descriptions, files, trademarks, service marks, tradenames, personal data, and other content or information (any such materials a user submits, posts, displays, or otherwise makes available on the Website is referred to as “User Content”). You retain full ownership of all your User Content and can request (at any time) that we remove it from the Website. We reserve the right to refuse to accept, or to remove from the Website, any User Content for any reason, such as if we believe that it may subject us to legal liability or that it may violate these Terms of Use.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking them for personally identifiable information, or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal; (vii) contains any information or content that you do not have a right to make available under any law, including data protection law, or due to any contractual or fiduciary relationship; (viii) contains any information or content that you know or believe is not correct and current; or (ix) promotes, or otherwise incites, discrimination, racism, bigotry, hatred, or physical harm of any kind against any group or individual. You agree not to use the Website to do anything unlawful, misleading, malicious, or discriminatory, and you understand and agree that your failure to comply with this provision may lead to your loss of access to the Website.

You agree that any User Content that you post does not and will not violate any third party right of any kind, including, without limitation, any Intellectual Property Rights (as defined below). To the extent that your User Content contains third party content, you hereby represent that you are the owner of, or have a valid license to, all the Intellectual Property Rights of such third party content, and have the power to grant the license granted below. You hereby represent that you have the written consent of each and every identifiable natural person whose likeness appears in your User Content to use and allow us and the Website’s users to use such person’s name or likeness in the manner contemplated by the Website and by these Terms of Use, and each such person has released you and us from any liability that may arise in relation to such use. You will supply us with these written consents if we request you to do so. We reserve (as stated above) the right, but not the obligation, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions without admission or liability. For the purposes of these Terms of Use, “Intellectual Property Rights” means any and all patent rights; copyright rights; moral rights; rights of publicity and rights of privacy; trademark, trade dress, and service mark rights; goodwill; trade secrets; and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

To the extent permitted by applicable laws, we assume no responsibility and we assume no liability for any User Content that you or any other user or third party posts on the Website. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for the online display of your (and others’) User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of any such User Content.

User Content License Grant.

By posting any User Content on the Website, including, without limitation, your or another’s name, likeness, logo, tradename, trademark, service mark, or copyrighted materials, you expressly grant to us, and you hereby represent and warrant that you have all rights necessary to grant to us, a royalty free, sublicensable, transferable, perpetual, irrevocable, nonexclusive, and worldwide license to use, reproduce, modify, publish, transmit, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Website.

Billing and Payment

TVS bills you through an online account for use of the Services. You agree to pay TVS all charges you subscribe for on the Website using this online account including, but not limited to, a no show fee of $25.00 if you do not attend a volunteer opportunity for which you registered. TVS may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This paragraph includes any agreements you make on the Website when you purchase the Service. You agree to maintain current, complete and accurate information for your billing account at any time you have a subscription. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.

Automatic Renewal

(1) Your subscription for the Service will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please email info@thevolunteerservice.com. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

(2) By subscribing, you authorize TVS to charge your credit card, debit card or other payment method at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Upon the renewal of your subscription, if TVS does not receive payment, you agree that TVS may either terminate or suspend your subscription and continue to attempt to charge your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). If you do not terminate your subscription and/or if you continue to use the Service, you agree that TVS is authorized to charge the payment method in your online account. TVS may also seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Services.

Privacy

You should appreciate that all information submitted on the Website might potentially be publicly accessible. Important and private information should be protected by you. We are not responsible for protecting, nor are we liable for failing to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize. See TVS’s privacy policy for more information regarding privacy. The privacy policy is incorporated into and made a part of these Terms of Use.

Security

TVS uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist on the internet; TVS cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.

Access and Proprietary Rights

So long as you comply with these Terms of Use, you are authorized to access, use and make a limited number of copies of information and materials available on the Website only for purposes of your personal use in order to learn more about TVS or its services, or to otherwise communicate with TVS or utilize its services. Any copies made by you must retain without modification, including any and all copyright notices and other proprietary marks. The pages and content on the Website may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of TVS or third parties which is prohibited by law and could result in substantial civil and criminal penalties.

Links

This Website may contain links to other websites that are not operated or controlled by TVS. Use of these links to access other Internet sites is at your own risk. TVS is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. TVS establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website.

Notices and Disclaimers

THE CONTENTS OF THIS WEBSITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT TVS’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

USE OF THIS WEBSITE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES TVS PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE) OR ANY LINKS TO THIS WEBSITE. TVS EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS WEBSITE AND ANY GOODS OR SERVICES PURCHASED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. IN NO EVENT SHALL TVS BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE WEBSITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. TVS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE, EVEN IF TVS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT TVS CORRECT THE MATTER OR, IF TVS FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.

Limitations of Liability

To the extent permitted by applicable laws, we are not liable for any direct, special, or consequential damages, or any other damages of any kind, resulting from or arising out of your use of, or your inability to use, the Website or any linked website or the services provided or arranged through the Website, including, but not limited to, personal injury claims, lost wages, property damage, lost profits, business interruption, and loss of programs or other data on your information handling system.

Indemnity

You shall defend, indemnify, and hold harmless us (and each of our officers, directors, members, employees, agents, volunteers, and affiliates) from any claim, demand, action, damage, loss, cost, or expense, including, without limitation, reasonable attorneys’ fees, arising out of or relating to your use of, or your participation in services provided or arranged through, the Website that violates these Terms of Use. Further, if you are using the Website on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and us for violations of these Terms of Use in accordance with this Section. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

Arbitration and Governing Law

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Connecticut. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Connecticut without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Your use of the Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on the Website may be subject to U.S. export control restrictions.

Unique and Bona Fide Profile

You agree to create only one unique profile. In addition, in order to maintain the integrity of the Website, by joining, you agree that your use of the Website shall be for bona fide volunteer opportunity-seeking purposes. From time to time, we may create test profiles in order to monitor the operation of our services.

Commercial Use Prohibited

The Website is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use the Website unless granted written permission by TVS. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the Website, or unauthorized framing may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of volunteer positions for which you apply.

Conduct; Code of Conduct

In your digital interactions with TVS, you agree to conduct yourself civilly and respectfully. While using the Website, you agree that you shall not under any circumstances harass or make mischief against the Company. TVS reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party.

In your digital interactions with TVS, you agree to conduct yourself civilly and respectfully. While using the Website, you agree that you shall not under any circumstances harass or make mischief against the Company. TVS reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party.

TVS requires that all volunteers and volunteer organizations review and accept TVS’s Code of Conduct.  The Code of Conduct is available on the Website and is incorporated into and made a part of these Terms of Use.

Communications

You agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.