“You” means the individual person entering the Terms on his or her own behalf; or, if the Terms is being 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.
- WHO CAN REGISTER AND USE OF SITE AND SERVICES
- Minimum Age: You must be at least 13 years old to use this Site, and at least 18 years old to register for the Services.
- Authorization: You represent and warrant that you are an authorized employee or official representative of the registered nonprofit, social enterprise, company, or group for which you are registering for the 2SERVE Services.
By registering on Site, You represent that:
- You agree to submit accurate and truthful information to 2SERVE to register and maintain a profile in connection with your use of the Site and/or Services.
- You may be required to create a username and password. You’re solely responsible for keeping your password safe and for any activity that occurs using your account username or profile.
- You assume all liability and risk regarding (a) the information and content you contribute to the Site and/or Services and (b) your interactions with other users through the Site and/or Services.
- You will promptly report to 2SERVE any violation of the Agreement by others.
- You agree not to advertise or solicit any user to buy or sell any products or services through the Site and/or Services without 2SERVE’s prior written consent.
- Restrictions. You must not use the Site and/or Services in a manner that:
- violates any local, state, national, or international law or regulation;
- violates any third-party right, including any intellectual property or privacy right;
- stalk, harass, threaten, or harm another individual;
- collect or store personal data about other users without their express consent;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity (including a non-profit organization);
- reproduces, duplicates, copies, sells, resells, or exploits any portion of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, tortuous, or otherwise objectionable;
- promotes illegal or unlawful activities;
- uses scripts, bots, or other automated technology to access the Site and/or Services;
- interferes with or disrupts the Site and/or Services or servers, computers, or networks connected to the Site and/or Services;
- 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 acknowledgement of such changes and satisfaction with the Site, App, and/or Services as so modified.
- LICENSE TO POSTED CONTENT
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. However, by posting information or content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to 2SERVE, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
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.
- THIRD PARTIES and RESPONSIBILITY
We are a distributor and publisher of content supplied by users of the Services and by other third parties (“Content”). We do not edit, endorse, screen, monitor or control such Content. We have the right, but not the obligation, to monitor and review the Content on Site and your account to determine compliance with these Terms. You understand and acknowledge that we do not monitor Content for accuracy or reliability.
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 2SERVE 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 2SERVE 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 associates with such dealings, are solely between you and the volunteer. YOU AGREE THAT 2SERVE 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 2SERVE 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 2SERVE 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 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.”
You agree to defend, indemnify and hold harmless 2SERVE, its officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the Site or Service;
- your violation of any term of these Terms of Service;
- any claim that your actions or actions using your account harmed a third party.
- your Content and any information you (or anyone accessing the Services using your password) submit, post or transmit through the Services,
- any viruses, trojan horses, worms, time bombs, cancelbots, spyware or other similar harmful or deleterious programming routines input by you into the Services.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
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. 2SERVE 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. 2SERVE 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 2SERVE 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. 2SERVE 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 2SERVE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL 2SERVE 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.
- TERM AND TERMINATION
This Agreement becomes effective once you use our Site or register for our Service. It will remain in effect until this Agreement is terminated by us. You agree that we, in our sole discretion, may terminate your 2SERVE 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. If you wish to terminate your account send us an email at Support@2-SERVE.org.
- OTHER TERMS
- The Volunteer Service does not guarantee a volunteer match or placement.
- You agree to notify 2SERVE immediately in writing by emailing Support@2-SERVE.org if you need to terminate your volunteer project for any reason. If you do not notify us and fail to complete such project, we reserve the right to terminate your account.
- You agree to abide by all other 2SERVE policies and Agreements regarding your Volunteer Service.
- MISCELLANEOUS TERMS
- The Site and any Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice to you or liability to 2SERVE. If you object to any modifications, your sole recourse is to stop using the Site or Services. Continued use of the Site or Services following modifications shall indicate your acknowledgement of such modifications and agreement to use the Site and Services as modified.
- When you visit the Site, or send us emails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
- Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about 2SERVE must be addressed to our agent for notice and sent via email to: Suppot@2-SERVE.org. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Please report any violations of the Terms to firstname.lastname@example.org