If you are an individual entering into this Agreement “you” refers to you the individual. If you are entering into this Agreement on behalf of an organization or company you represent and warrant that you have the authority to bind the organization or company to this Agreement, in this instance, “you” shall refer to the organization or company.
Volcally offers a number of “Service(s)”, including: a service for volunteers (“Volunteer Service”), a service for nonprofits and social enterprises (“Nonprofit Service”), a service that assists foundations, organizations, and enterprises in sponsoring non-profits (“Strategic Partnership Service”) and a service that assists corporations and organizations in developing employee volunteering (“Talent Solutions Service”). Volcally may offer additional services and revise any of the Services offered or the Site as needed.
1. 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.
2. Authorization. By registering on behalf of a Nonprofit organization, you represent and warrant that you are an authorized employee or official representative of the registered nonprofit, social enterprise, company, or group. If you are not an authorized employee or official representative, you may not use Nonprofit services on Volcally.
2. USE OF SITE AND SERVICES
When using our Site and Service, you are agreeing to the following:
1. Information Submitted. You are solely responsible for, and assume all liability 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.
2. Risk Assumption and Precautions. You assume all risk when using the Site or Services, including but not limited to risks associated with any online and offline interactions with others.
3. Fees. You will promptly pay any fees associated with your use of the Site and/or Services as agreed upon with Volcally.
4. Reporting of Violations. You will promptly report to Volcally any violation of the Agreement by others.
5. Third Party Content. Content available on the Site or as part of the Services may be supplied by other users of the Site and/or Services and by other third parties. Any content, services, offers, or other information expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Volcally. Volcally does not endorse or assume any responsibility for the accuracy or reliability of any content, opinion, advice, information, or statement made on the Site or as part of the Services.
6. Content Removal. Volcally reserves the right, but has no obligation, to monitor, modify, or remove the information or content you submit to the Site and/or Services.
7. Restrictions. You will not use the Site and/or Services in a manner that:
1. violates or infringes the rights of Volcally, other users, or any other party, including patent, trademark, trade secret, copyright, or other intellectual property rights, privacy rights, or publicity rights;
2. promotes racism, bigotry, hatred, or harm of any kind against any group or individual;
3. is intended to, may, or does harass, annoy, threaten, harm, or intimidate any other users of the Site or Services;
4. reproduces, duplicates, copies, sells, resells, or exploits any portion of the Site or Services;
5. is defamatory, inaccurate, abusive, obscene, profane, offensive, tortuous, or otherwise objectionable;
6. violates any local, state, national, or international law or regulation;
7. promotes illegal or unlawful activities;
8. may defraud or deceive others;
9. collects, stores, or disseminates personal information about any other user or third party without his/her permission;
10. uses scripts, bots, or other automated technology to access the Site and/or Services;
11. interferes with or disrupts the Site and/or Services or servers, computers, or networks connected to the Site and/or Services;
12. uses the Site and/or Services for chain letter, junk mail, or spam email; or
13. frames the Site, places pop-up windows over the Site, or affects the display of its pages without Volcally’s prior written consent.
8. No False Information. You will not provide inaccurate or false information to Volcally, any user, or others.
9. Registration and Profile. You may be required to register and maintain a profile in connection with your use of the Site and/or Services. You agree to submit accurate and truthful information during registration and maintain the accuracy of such information. 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 will let us know immediately if your password is stolen.
10. No Advertising or Commercial Solicitation. You agree not to advertise or solicit any user to buy or sell any products or services through the Site and/or Services without Volcally’s prior written consent. You agree not to use any information obtained from the Site and/or Services in order to contact, advertise to, solicit, make offers to, or sell to any user without their prior explicit consent.
3. POSTED INFORMATION OWNERSHIP
Any posted information will be owned by you. Volcally will not republish your posted information.
4. THIRD PARTIES
Our Site and Service may have links to third party websites. Generally, most third party websites are safe; however, we do not edit, endorse, screen, monitor or control these websites. Please exercise caution when visiting a third party site.
You agree to defend, indemnify and hold harmless Volcally, its parent corporation, 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:
1. your use of and access to the Site or Service;
2. your violation of any term of these Terms of Service;
3. any claim that your actions or actions using your account harmed a third party.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
6. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF VOLCALLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE SITE AND SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT THERE ARE RISKS IN USING THE SITE OR SERVICES AND YOUR USE OF THE SITE OR SERVICES IS SOLELY AT YOUR OWN DISCRETION AND RISK.
VOLCALLY AND ITS AFFILIATES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF OTHERS. ACCORDINGLY, VOLCALLY AND ITS AFFILIATES ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS.
VOLCALLY AND ITS AFFILIATES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, RELIABILITY, OR LEGALITY OF ANY USER-PROVIDED CONTENT OR CONTENT PROVIDED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, THE VOLUNTEER OR NONPROFIT RATINGS AND REVIEWS, THE SKILLS AND ABILITIES OF THE VOLUNTEERS, OR THE VOLUNTEER OPPORTUNITIES. ACCORDINGLY, VOLCALLY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM RELIANCE ON USER-PROVIDED CONTENT OR CONTENT PROVIDED BY THIRD PARTIES. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL INFORMATION YOU ACCESS OR OBTAIN THROUGH THE SITE AND/OR SERVICES.
VOLCALLY IS NOT INVOLVED IN ANY RELATIONSHIPS BETWEEN USERS. VOLCALLY CANNOT GUARANTEE A SUCCESSFUL OR SATISFACTORY OUTCOME OF ANY PROJECT OR ENDEAVOR INITIATED WITH ANOTHER USER. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU AGREE THAT VOLCALLY IS NOT REQUIRED TO ASSIST YOU IN THE DISPUTE.
VOLCALLY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VOLCALLY MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED BY USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE.
YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE AND/OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE AND/OR SERVICES.
VOLCALLY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE AND/OR SERVICES OR THIS AGREEMENT ARE LIMITED TO $10.
VOLCALLY DISCLAIMS ALL LIABILITY FOR, AND YOU HEREBY AGREE THAT VOLCALLY SHALL NOT BE LIABLE FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (2) LOSS OF OR DAMAGE TO REPUTATION OF YOU OR ANY THIRD PARTY, (3) LOSS OF INFORMATION OR DATA, (4) USE, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, (5) LINK PROVIDED IN CONNECTION WITH THE SITE OR SERVICES, (6) DELETION, MISDELIVERY, FAILURE, OR UNTIMELINESS IN POSTING OR STORING ANY INFORMATION, OR (7) MATTERS OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES.
7. TERM AND TERMINATION
This Agreement becomes effective once you use our Site or register for our Service, and will remain in effect until this Agreement is terminated by us. If you wish to terminate your account send us an email at Support@Volcally.com. However, we reserve the right to remove your account at any time, for any reason.
8. SPECIFIC TERMS CONTROLLING THE VOLUNTEER SERVICE
1. Continued Use. If you complete a volunteer project, you agree not to engage the same nonprofit organization in subsequent volunteer projects without first making a best effort to use Volcally to find a volunteer project with that nonprofit organization.
2. No Guarantees. The Volunteer Service does not guarantee a volunteer match or placement.
3. Cancellation. You agree to notify Volcally immediately in writing by emailing Support@Volcally.com 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.
4. Volunteer Service Policies. You agree to abide by all other Volcally policies and Agreements regarding your Volunteer Service.
9. SPECIFIC TERMS CONTROLLING THE NONPROFIT SERVICE
1. Continued Use. If you complete a volunteer project with a volunteer, you agree not to engage the same volunteer in subsequent volunteer projects without first making a best effort to use Volcally to engage that volunteer for a volunteer project.
2. No Guarantees. The Nonprofit services provided on Volcally does not guarantee a volunteer match or placement.
3. Cancellation. If you wish to cancel your participation in our Nonprofit services you must notify us immediately at Support@Volcally.com. We may suspend or terminate your account at that time.
4. Nonprofit Service Policies. You agree to abide by Volcally’s policies regarding the Nonprofit services, including agreed upon payment terms and obligations where applicable.
10. GENERAL TERMS
1. The Site and any Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice to you or liability to Volcally. 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.
4. 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.
5. Any questions about pricing, complaints, or inquiries about Volcally must be sent via email to: support@Volcally.com.
Last Updated: February 13, 2017