RELEASE AND WAIVER OF LIABILITY and TERMS OF SERVICE
Any user participating in any activity promoted or stated anywhere on activategood.org is an activity which the user(s) partake in AT THEIR OWN RISK.
At the present time, the volunteer community at activategood.org is not directed to users younger than 13 and is offered only to users 13 years of age or older. Any person who provides their personal information to the volunteer community at activategood.org represents that they are 13 years of age or older.
“User” is defined as any person who creates a user account at activategood.org, regardless of the extent to which the user utilizes activategood.org thereafter.
By registering with us or using or browsing activategood.org, you acknowledge that you have read, understood, and agree to be bound by the following Terms of Service, and that you forever release and hold harmless Activate Good, Inc. from any and all liability related to the use of our volunteer community or related to your participation in any events or volunteer work resulting from your use of our volunteer community.
II. Release and Waiver of Liability
Activate Good, Inc. is a nonprofit corporation organized and existing under the laws of the State of North Carolina and includes each of their directors, officers, employees, and agents (collectively, “Activate Good”).
By registering at activategood.org, the user desires to connect, share, and communicate with other willing participants in the volunteer community, and to search for, browse, sign up for, and/or track the hours and community impacts of volunteer activities hosted by Activate Good’s third-party partner organizations (“nonprofit partners”), and engage in the activities related to being a volunteer for a work project (the “volunteer work”).
The user understands that the scope of the user’s relationship with Activate Good is limited to the use of Activate Good’s volunteer community to connect, share, and communicate with other willing participants in the volunteer community and to find, sign up for, and track the hours and stated community impacts of volunteer activities with third-party partner organizations, and that Activate Good bears no responsibility for the user’s relationship with any other users in the volunteer community or with the third-party partner organizations with whom the user signs up to complete volunteer work.
The user further understands that third-party partner organizations have full discretion in deciding whether to accept the user’s offer of volunteer work and that Activate Good has no authority, influence or control over that matter. BY SIGNING UP I, the user, hereby freely and voluntarily, without duress, execute this Release under the following terms:
1. Waiver and Release. I, the user, release and forever discharge and hold harmless Activate Good and its successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from the use of activategood.org and/or the volunteer work. I, the user understand and acknowledge that this Release discharges Activate Good from any liability or claim that user may have against Activate Good with respect to bodily injury, personal injury, illness, death, or property damage that may result from the use of activategood.org or the volunteer work. It is also understood that Activate Good does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance in the event of injury, illness, death or property damage.
2. Insurance. I, the user, understand that I expressly waive any such claim for compensation or liability on the part of Activate Good beyond what may be offered freely by the representative of Activate Good in the event of such injury or medical expense.
3. Medical Treatment. I, the user, hereby release and forever discharge Activate Good from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during the use of activategood.org or the volunteer work.
4. Assumption of Risk. I, the user, understand that the time with Activate Good and/or its third-party member organizations may include activities that may be hazardous to me including, but not limited to, construction activities, loading and unloading of heavy equipment and materials, and local transportation to and from work sites. Also I, the user recognize and understand that the time with Activate Good and/or its third-party member organizations may, in some situations, involve inherently dangerous activities. As the user, I hereby expressly assume the risk of injury or harm in these activities and release Activate Good from all liability for injury, illness, death or property damage resulting from the use of activategood.org and/or the volunteer work.
5. Media and Photographic Release. As the user, I grant and convey unto Activate Good all right, title, and interest in any and all photographic images and video or audio recordings made by Activate Good during the use of activategood.org or volunteer work.
6. Privacy: Personal user profile and user community. I, the user, understand that the information I provide or post anywhere on activategood.org, including but not necessarily limited to my user profile, the skills or interests I have designated on my user profile, the volunteer opportunities I have registered for, or my contact information, is subject to viewing and sharing with any other community users, users with whom I have connected as “friends”, third-party partner organizations, or the general public. I understand that information I provide about myself may be seen by other community users, users with whom I have connected as “friends”, third-party partner organizations, or the general public depending on the privacy parameters I have established on my personal user profile, and that I am solely responsible for designating the privacy settings on my personal user profile.
7. Privacy: Signing up as a volunteer for volunteer opportunities. I, the user, understand that by signing up to participate in volunteer opportunities at activategood.org, the information I have provided or posted anywhere on activategood.org, including but not necessarily limited to my user profile, the skills or interests I have designated on my user profile, the other volunteer opportunities I have registered for, or my contact information may be viewed by the third-party partner organizations hosting the volunteer opportunities and used to assess my qualifications to participate in those volunteer opportunities. Additionally, I understand that at times, Activate Good may view this information I have provided or posted on activategood.org to identify whether I may be an appropriate match for a volunteer opportunity.
8. Participating in volunteer work. I, the user, understand that my sign up or participation in any volunteer opportunities and / or volunteer work promoted or stated anywhere on activategood.org is completely voluntary and that I participate in these activities at my own risk. Additionally, I understand that it is within my rights to cancel my sign up or participation in volunteer opportunities and / or volunteer work at any time for any reason, and that it is also within the rights of the third-party partner organization hosting the volunteer opportunity / volunteer work to reject or cancel my sign up or participation in the volunteer opportunity / volunteer work at any time if it is deemed I am not an appropriate match for their volunteer opportunity / volunteer work. Additionally, I, the user, further understands that Activate Good has no authority, influence or control over third-party partner organizations’ decision to reject, cancel, or work with a user in its volunteer community.
9. Underage Users. I, the user, understand that at this time the minimum age for registration and use of Activategood.org is no less than 13 years of age. I, the user, understand that my ability to bring an underage volunteer to a volunteer opportunity posted or promoted at activategood.org depends on whether or not the third-party partner organization has permitted underage volunteers for that volunteer opportunity and that Activate Good has no authority, influence, or control over third-party partner organizations’ decision to accept or reject underage volunteers for a volunteer opportunity.
10. Other. As the user I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of North Carolina in the United States of America, and that this Release shall be governed by and interpreted in accordance with the laws of the State of North Carolina. I agree that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release, which shall continue to be enforceable.
III. TERMS OF SERVICE
1. Nonprofit or Agency Partners with user accounts. Mutual CAN-SPAM Compliance Agreement: All nonprofits or public agencies using activategood.org agree that any personal information provided by users (prospective volunteers, confirmed volunteers, or any other users) on activategood.org is shared with the nonprofit for the purpose of the volunteer opportunity for which the user is registering. Nonprofit Partners must NEVER sell, share or use this information in any manner not consistent with the intended purpose of allowing contact between the volunteer and the nonprofit.
2. Copyright Infringement. User agrees that any content they submit to activategood.org is their own, and is not copyrighted or borrowed from other parties. In the event of a case of copyright infringement, the user accepts full and sole responsibility for the violation and releases Activate Good from any liability or claim that external parties may have against the user and that the user releases Activate Good from any and all responsibility, including subsequent legal fees and penalties.
3. Content. I, the user, agree that I will not post, email, or make available any content or use activategood.org:
In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
in a manner that is harmful to minors in any way;
in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to activategood.org without authorization;
to interfere or attempt to interfere with the proper working of activategood.org or prevent others from using activategood.org, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to activategood.org, or that otherwise negatively affects other persons’ ability to use activategood.org;
to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy activategood.org or the content contained therein;
to facilitate the unlawful distribution of copyrighted content;
in a manner that includes personal or identifying information about another person without that person’s explicit consent;
in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through activategood.org or to users; and
in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
4. User Behavior. Additionally, you agree not to:
“Stalk” or otherwise harass anyone;
Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any user of activategood.org or to proxy authentication credentials for any user of activategood.org for the purposes of automating logins to activategood.org;
Post any content containing child pornography to activategood.org;
Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
Post any content that constitutes pornography, contains nudity, or is adult in nature.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from activategood.org – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the activategood.org infrastructure;
Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, activategood.org;
Use activategood.org as a generic file hosting service;
Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of activategood.org or for using it for purposes unrelated to activategood.org); and
Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of activategood.org.
You agree not to authorize or encourage any third party to use activategood.org to facilitate any of the foregoing prohibited conduct. You also agree that these activategood.org Terms of Service inure to the benefit of our service providers (including our social network, database, or software platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with the activategood.org Terms of Service. Technology and hosting for aspects of activategood.org are provided by activategood.org’s online service provider. However, the Creator of activategood.org controls the content, membership and policy of activategood.org, including those pages served by such service provider on behalf of activategood.org. Notwithstanding anything to the contrary, by participating on activategood.org you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using activategood.org and participation with Activate Good.