UNITED WAY POLICIES
Policies listed below include:
- Volunteer United Copyright Policy
- Volunteer United Terms of Service
Effective October 13, 2015
This notice may be changed or updated from time to time by posting such amended or updated notice on this website. If we materially alter this Policy, we will notify you of such changes by posting a notice on our website. A subsequent donation by you will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should not make a donation with us and you should notify us that you do not want your information used in accordance with the changes.
We believe that you should have control over who receives the personal information you provide to us as a donor (such as your name, address, zip/postal code, e-mail address, telephone number). Therefore, we do not trade, sell or share your personal information with third parties unless they are carrying out business activities, operations or functions on our behalf. Further, we do not send donor mailings on behalf of other organizations.
II. USE AND DISCLOSURE OF YOUR INFORMATION
By submitting information to us you acknowledge, consent and agree that United Way of Greater Rochester, Inc. may access, read, preserve and disclose the personal information you provide to us as a donor, along with your usage history, submitted messages or data and similar information regarding your use of the website in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) detect, prevent, or otherwise address fraud, security, or technical issues; (c) respond to your requests for customer service; (d) protect the rights, property, or personal safety of United Way of Greater Rochester, Inc., its visitors, or the public, (e) where we sell any or all our business assets; or (f) as otherwise set forth herein. With your prior consent we may also provide your personal information to the agency you have designated as the recipient of your generosity.
III. CONTACT US
United Way of Greater Rochester
Attention: Laurie Ganon
75 College Avenue
Rochester, NY 14607
Effective May 24, 2012
Revised October 13, 2015
This notice may be changed or updated from time to time by posting such amended or updated notice on this website. If we materially alter this Policy, we will notify you of such changes by posting a notice on our website. Your continued use of our website will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the website and you should notify us that you do not want your information used in accordance with the changes.
We believe that you should have control over who receives the personally identifiable information you submit through this website (such as your name, address, zip/postal code, e-mail address, telephone number). Therefore, we do not trade, sell or share your personal information with third parties unless they are carrying out business activities and functions on our behalf.
However, we have structured our website so you can visit it without identifying yourself or revealing any personal information. If you choose to provide us with information with which you can be identified, you can be assured that it will only be used in accordance with this Policy. Please do not provide sensitive information or health information. If you should do so inadvertently, we will use and disclose that information in the same manner as any other information you provide to us.
II. AGGREGATE INFORMATION WE COLLECT
In general, our website host automatically gathers certain usage information like the numbers and frequency of visitors to United Way of Greater Rochester, Inc.'s website, or what portions of the Website you access and in which order. We only use such data in the aggregate. This aggregate data helps us determine how much our customers use parts of the website, so we can improve our website to assure that it is as appealing as we can make it for as many of you as possible.
III. PERSONAL INFORMATION WE COLLECT
At our website, we do not collect personally identifiable information from individuals unless they provide it to us. We do not require you to register or provide information to us in order to view our website.
United Way of Greater Rochester, Inc. only collects personally identifiable data through our website, such as names, addresses, zip/postal codes, e-mail addresses, etc., when submitted by a visitor. For example, personally identifiable information may be collected through this website in order to respond to a stated desire to volunteer time to us or make a donation online. This information is used solely by United Way of Greater Rochester, Inc. United Way of Greater Rochester, Inc. lists are never sold to third parties. We do not trade, share or sell your personal information with third parties unless they are carrying out business activities and functions on our behalf.
IV. USE AND DISCLOSURE OF YOUR INFORMATION
By submitting information to us you acknowledge, consent and agree that United Way of Greater Rochester, Inc. may access, read, preserve and disclose the personally identifiable information you provide to us, along with your usage history, submitted messages or data and similar information regarding your use of the website in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) detect, prevent, or otherwise address fraud, security, or technical issues; (c) respond to your requests for customer service; (d) protect the rights, property, or personal safety of United Way of Greater Rochester, Inc., its visitors, or the public, (e) where we sell any or all our business assets; or (f) as otherwise set forth herein. With your prior consent we may also provide your personal information to the agency you have designated as the recipient of your generosity.
We maintain commercially suitable physical, electronic and procedural security measures that comply with legal requirements to safeguard the personally identifiable information submitted to us through this website.
Nonetheless, the transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically on our website, and transmission of such data is therefore entirely at your own risk.
We care about the safety and security of your transactions through our website. We use a method that is standard industry security protocol, to make it difficult for anyone else to intercept the credit card information you send to us. Alternatively, contributions may also be made by calling United Way of Greater Rochester, Inc. at 585-242-6400.
A cookie is a text file saved to your computer's hard drive. The text file contains small pieces of data sent by a web server and stored on your computer when you visit certain websites. Your browser can "read" this information when you visit the site again. A cookie cannot access your computer files or hard drive. You may set your computer not to accept cookies.
Cookies are used on this website for visitor tracking only, to distinguish new versus repeat contributors. Cookies are not associated with credit card numbers or other personally identifiable information. Third parties do not track our visitors across websites.
All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website.
VII. THIRD PARTY LINKS
This website contains links to other sites. Please be aware that the United Way of Greater Rochester, Inc. is not responsible for the privacy practices of such other sites. We encourage our visitors to be aware when they leave our website and to read the privacy notices of each and every website that collects personally identifiable information. This privacy notice applies solely to information collected by this website.
VIII. USERS ONLY OF LEGAL AGE OF MAJORITY
Our services and this website are not intended for use by children. You may not use this website or submit ANY personal information through our website if you are under the age of 13. By using this website, you agree that you are at least 18 years of age or older. We are not liable for any damages that may result from a visitor’s misrepresentation of age. Under no circumstances may anyone under age 13 use our website. Parents or legal guardians of children under 13 cannot agree to these terms on their behalf.
IV. CONTACT US
United Way of Greater Rochester
Attention: Laurie Ganon
75 College Avenue
Rochester, NY 14607
Volunteer United Terms of Service
(Last Updated March 27. 2020)
ACCEPTANCE OF THE TERMS OF SERVICE
PLEASE CAREFULLY READ ALL OF THE FOLLOWING GENERAL TERMS AND CONDITIONS BEFORE USING THE VOLUNTEER UNITED SERVICE. You are either a volunteer or organization seeking volunteers. These Terms of Service govern your access and use of our Volunteer United Service located here and its respective internet-based services, features, content, and functionality (the “Service”). The United Way of Greater Rochester, Inc., a New York not-for-profit corporation (collectively with our affiliates, “we”, “us”, or “our”), is the owner and operator of the Service, whether as a guest or registered user.
This Service is offered and available to users who are 18 years of age or older and reside in the United States. By using the Service, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. You are responsible for regularly reviewing these Terms of Service, because your continued use of the Service following the posting of changes to these Terms will mean you accept those changes. If, at any time, you do not wish to accept the Agreement, you should immediately discontinue any use of the Service. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms are expressly rejected by us and shall be of no force or effect.
In agreeing to these Terms of Service, you agree that we may at any time, in our sole and absolute discretion, with or without prior notice to you and without penalty or damage, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Services or any part thereof, including as between different users of the Service, whether temporarily or permanently.
ACCESSING THE SERVICE AND ACCOUNT SECURITY
You are responsible for both:
- Making all arrangements necessary for you to have access to the Service.
- Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
INTELLECTUAL PROPERTY RIGHTS
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms of Service, we hereby grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable limited license to: (i) access and use the Service on a device that you own or control solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services to you, in each case solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service Any rights not expressly granted herein are reserved by us and or licensors.
These Terms of Service permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except that you may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
If you wish to make any use of material on the Service other than that set out in this section, please address your request to: email@example.com.
Our name, “Volunteer United” and all related names, logos, product and service names, designs, and slogans are our trademarks or that of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- To send unsolicited communications of any type or nature, including without limitation to contact users for employment, contracting or any purpose not related use of the Services as set forth herein;
- To transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, tortious, hateful, libelous, indecent or otherwise offensive or objectionable materials or information;
- To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); and
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service, or expose them to liability.
Additionally, you agree not to:
- Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service;
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
- Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent;
- reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, in whole or in part, except as expressly permitted by us;
- Use any device, software, or routine that interferes with the proper working of the Service;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack; and
- Otherwise attempt to interfere with the proper working of the Service.
The Service may contain message boards, chat rooms, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Service.
By submitting a User Contribution your post will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you hereby grant us our service providers, and each of our and their respective licensees, successors, and assigns an irrevocable, perpetual, unrestricted, transferable, fully-paid, royalty-free, and worldwide license to use, reproduce, broadcast, modify, adapt, translate, transmit, sell, store, privately and publicly display, privately and publicly perform, create derivative works based upon, distribute, and promote the User Contribution through all or any portion of the Service, including without limitation, such other products or services as we may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes. You also hereby irrevocably and unconditionally waive the right to be identified as the author of your User Contribution.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our service providers, and each of our and their respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for us.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
- Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation,] any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD US AND OUR LICENSEES AND SERVICE PROVIDERS, HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy below for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
This Service includes content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Our goal is to provide a service with outstanding uptime and reliability. Planned downtime, intellectual property claims and matters outside of our reasonable control are some of the circumstances that may lead to the Service being unavailable. Although we strive to operate without interruption, we do not guarantee that the Service will always be made available.
We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. We cannot, however, guarantee security of the information contained in your account or otherwise collected by us and we cannot promise that such measures will prevent third party "hackers" from illegally accessing the Service. We are not responsible or liable for any third party access to or use of the information contained in your account or otherwise collected by us.
CHANGES TO THE SERVICE
We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.
LINKING TO THE SERVICE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent.
This Service may provide certain social media features that enable you to:
- Link from your own or certain third-party Services to certain content on this Service.
- Send emails or other communications with certain content, or links to certain content, on this Service.
- Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party Services.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any Service that is not owned by you.
- Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Service other than the homepage.
- Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
DONATIONS; THIRD PARTY SERVICE PROVIDERS
Certain portions of the Service contain features and functionality that may link to or be provided from a third party, including without limitation any payment service provider, website platforms, directories, servers, networks, and systems (collectively, “Third Party Services”). The functionality of the Service to make a donation to us uses a Third Party Service. We provide access to these Third Party Services to you as a convenience only and we do not, in any way, control or manage such Third Party Services. As such, we are not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via the Service, we are not endorsing or warranting such Third Party Services in any way. We cannot be responsible for the content, security, terms or privacy policies of such Third Party Services.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS", “WITH ALL FAULTS”, AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT, AND NO PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, WE DO NOT, AND NO PERSON ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
WE CANNOT AND DO NOT WARRANT THAT YOUR MATERIALS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION, SUPPLIED BY YOU WILL NOT BE INTERCEPTED, DELETED, MISAPPROPRIATED OR USED BY OTHERS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
IN NO EVENT WILL WE BE LIABLE FOR THE ONLINE OR OFFLINE CONDUCT OF A USER (INCLUDING ANY VOLUNTEER OR ORGANIZATION SEEKING VOLUNTEERS) AND YOU HEREBY IRREVOCABLY RELEASE US FROM ANY LIABILITY RELATING THERETO.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless us and our licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Contributions, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Service or violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
GOVERNING LAW AND JURISDICTION
All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of Rochester and County of Monroe. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
INTERPRETING THE AGREEMENT
A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The very nature of the Service provides communications between you and us by electronic means (e.g., via the Service, email, text message). For purposes of forming a legally binding agreement, you consent to receive communications from us in an electronic form and agree that all terms and conditions, agreement, notices, disclosures and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge that there is inherent risk in use of the Internet and that information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.
LIMITATION ON TIME TO FILE CLAIMS
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You acknowledge and agree that you and us are, and at all times during these Terms of Service shall remain, independent contractors in relation to each other, and that neither you or us (or our respective employee or other representatives) are authorized to make any representations or any commitment on the other’s behalf unless previously authorized in writing. Each party’s obligations to the other hereunder are exclusively contractual in nature. These Terms shall not be deemed to create any partnership, joint venture, agency, fiduciary or employment relationship or any other legal relationship between you and us.
WAIVER AND SEVERABILITY
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
YOUR COMMENTS AND CONCERNS
All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: firstname.lastname@example.org.
Volunteer United Copyright Policy
(Last Updated March 27, 2020)
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
The United Way of Greater Rochester, Inc., a New York not-for-profit corporation (collectively with our affiliates, “we”, “us”, or “our”), takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Volunteer United Service located here and its respective internet-based services, features, content, and functionality (the “Service”) infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
United Way of Greater Rochester, Inc.
75 College Ave, Rochester, NY 14607
585-242-6532 or email@example.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.