HandsOn Connect Terms of Use

Chicago Cares Terms and Conditions of Use


HandsOn Connect TERMS OF USE

HandsOn Network ("HON", "we" or "our") provides HandsOn Connect (the "Service"), located at www.HandsOnConnect.org (the "Site"), to all Volunteer Centers, non-profit organizations, governmental agencies, private businesses, volunteers or visitors to the Site (collectively referred to as "Authorized Users," and each is individually an "Authorized User"), exclusively under the following terms of service and use (the "Terms"). By using the Service, Authorized User states that he or she has read and understands the Terms and agrees to be bound by them. We reserve the right to terminate an Authorized User's account or use of the Service at any time, for any reason, including without limitation, if we learn that Authorized User has violated these Terms. Capitalized terms used, but not defined, are used as defined in the Privacy Policy or Service Provider Agreement.

A. YOUR RESPONSIBILITIES

Authorized User agrees not to reproduce, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the Service or the Site. Without our written permission, Authorized User may not: (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail, (b) access the Service using any high volume or automated means, (c) place pop-up windows over its pages, or otherwise affect the display of its pages or (d) access the Site or the Service in any manner that violates our Privacy Policy. All information that Authorized User provides to us shall be true, accurate and current.

Authorized User agrees not to use the Service to: (a) violate any local, state, national or international law, (b) impersonate any person or entity, or otherwise misrepresent Authorized User's affiliation with a person or entity, (c) stalk, harass or harm another individual, (d) promote or glorify hatred, violence or racial intolerance, (e) collect or store personal data about other Authorized Users or (f) disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Service, or interfere with or disrupt the Service, the Site or servers or networks connected to the Service or the Site.

B. PRIVACY

Authorized User will be requested to provide specific personal data to us, as described in the Privacy Policy ("Personal Data"). All uses of Authorized User's Personal Data will be treated according to our Privacy Policy. By using the Site and the Service, Authorized User is accepting the terms and conditions of our Privacy Policy. If Authorized User objects to having his, her or its information used as described in the Privacy Policy, Authorized User's sole recourse is to discontinue using the Site and the Service.

C. DATA SECURITY AND MONITORING

Data are supplied by Authorized Users and may include, but are not limited to, volunteer opportunity descriptions, organizations' contact information and news. Accordingly, we have no editorial control over such data. Any data, services, offers, or other information provided by Authorized Users are those of the respective Authorized Users and not HandsOn Connect. We do not endorse, nor are we responsible for investigating or ensuring the accuracy of, any such data, and we retain the right to modify, update, designate as inactive, or remove any data at any time. We have the right, but not the obligation, to monitor and review the data and Authorized Users' accounts to determine compliance with these Terms, laws, or regulations.

D. AUTHORIZED USER DATA; LICENSE; REPRESENTATION AND WARRANTY

Authorized User is responsible for data provided to us for inclusion on the Site and as part of the Service. HandsOn Connect acts as a passive distributor of Authorized User's data. However, if we believe Authorized User's data may create a liability for us, we reserve the right to remove Authorized User's data. Authorized User warrants that his, her or its data or use of the Site and the Service: (a) does not and will not contain unlawful, harmful, libelous, discriminatory, obscene or otherwise objectionable material of any kind; (b) encourage conduct that could violate any applicable national, state, or local laws, regulations, ordinances, or codes, or that could constitute a criminal offense or give rise to civil liability or (c) does not and will not violate any right of privacy (including the terms of our Privacy Policy). Authorized User represents and warrants that he, she or it will not knowingly transmit computer viruses, worms, harmful program routines or use the Site or the Service to access without authorization any other computer or machine.

Authorized User grants to HandsOn Connect a worldwide, perpetual, irrevocable, non-transferable, royalty-free license to use, reproduce, create derivative works of, sub-license and exercise all rights with respect to Authorized User's data in any media format for data that Authorized User has submitted to HandsOn Connect.

E. DEALINGS WITH OTHER AUTHORIZED USERS, SPONSORS AND ADVERTISERS

Authorized User agrees that HandsOn Connect will not be responsible or liable for any loss or damage incurred as a result of any interaction or relationship with other Authorized Users, sponsors, or advertisers, or as a result of such parties' access to and use of the Site or Service.

F. LINKS

Links provided to other locations or web sites are made available for Authorized User's convenience only and do not indicate our endorsement of such other location or site or its data. We do not review or control, and are not responsible for any web sites other than the Site or the Service (and in the case of the Site or the Service, only as provided for herein), or any data available on such other web sites or locations. We are not liable for any links, information, or applications found at any other web site, Internet location, or source of information, or for Authorized User's use of such information.

G. MODIFICATIONS TO THE SERVICE

We reserve the right to modify or discontinue the Service or the Site with or without notice to Authorized User. We are not liable to Authorized User or any third party should we exercise our right to modify or discontinue the Service or the Site. If Authorized User objects to any such changes, his, her or its sole recourse is to discontinue using the Service. Continued access and/or use of the Service or the Site following notice of any such changes shall indicate Authorized User's assent to and acceptance of such changes.

H. MODIFICATIONS TO TERMS

We may change the Terms from time to time. We will notify any affected Authorized User of any such changes by posting a notice of such changes on the Site or notifying any Authorized User via e-mail. If Authorized User objects to any such changes, his, her or its sole recourse shall be to cease using the Service and/or the Site. Continued access to and/or use of the Service and/or the Site following notice of such modifications or changes shall indicate Authorized User's assent to and acceptance of the Terms, including but not limited to all posted changes.

I. TERMINATION

Authorized User agrees that we, at our sole discretion, may terminate Authorized User's use of the Service and/or the Site without prior notice, and remove and discard Authorized User's data from the Site and the Service, for any reason, with or without prior notice, including, without limitation, if we believe that Authorized User has violated or acted inconsistently with these Terms or the Privacy Policy. Authorized User agrees that we shall not be liable to Authorized User or any third party for termination of Authorized User's access to the Site or the Service. Authorized User may discontinue his, her or its participation in and access to the Service at any time.

J. DISCLAIMER OF WARRANTIES

Authorized User expressly agrees that use of the Service and the Site is at Authorized User's own risk. The Site and the Service are provided on an "as available" and "as is" basis. HandsOn Connect expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to the Service. HandsOn Connect makes no warranty that the Site or the Service will be error free or meet Authorized User's requirements, or that the Site or the Service will be uninterrupted, timely, or secure; nor does HandsOn Connect make any warranty as to the accuracy, or reliability of the results that may be obtained from or through the use of the Site or the Service, or that defects in the Site or the Service will be corrected. The entire risk as to satisfactory quality, accuracy, performance, and results to be obtained through the use of the Site or the Service is with Authorized User. No information or advice, whether oral or written, obtained by Authorized User from HandsOn Connect or through the Site or the Service shall create any warranty not expressly made herein. HandsOn Connect makes no warranty regarding any transactions or dealings entered into with any other parties through the Site or the Service. Authorized User understands and agrees that any information downloaded or otherwise obtained through the use of the Site or the Service is done at Authorized User's own discretion and risk, and that Authorized User will be solely responsible for any damage to his, her or its computer services or loss of data that results from the download of such information.

K. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL HON OR HANDSON CONNECT, THEIR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, TRUSTEES, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES").

L. INDEMNIFICATION

Authorized User agrees to indemnify and hold harmless HandsOn Connect, its affiliates and their respective directors, officers, trustees, employees, independent contractors and agents ("Indemnified Party") from and against any losses, liabilities, suits, claims, costs, and expenses (including reasonable attorney's fees) ("Loss") arising out of or relating to any claim, suit, judgment, or proceeding brought or asserted by any third party ("Claim") alleging any breach of such party's representations, warranties or covenants under this Agreement. Authorized User shall indemnify and hold harmless HandsOn Connect for any Loss arising out of or relating to (a) Authorized User's violation of these Terms or the rights of any other Authorized User, (b) Authorized User's use of the Site or the Service, (c) any information submitted or transmitted through the Site or Service or (d) the transmission of computer viruses, worms, harmful program routines or other similar items into the Site or the Service, or using the Site or the Service to access without authorization any other computer or machine. The Indemnified Party shall notify the Indemnifying Party of any such claim of which it becomes aware and shall: (x) at Indemnifying Party's expense, provide reasonable cooperation to Indemnifying Party in connection with the defense or settlement of any such claim and (y) be entitled to participate in the defense of any such claim at its own expense with counsel of its own choosing.

M. Proprietary Rights.

All copyright and trade secret rights in and to the Site, the Service and the data used therein are and shall be the exclusive property of HandsOn Connect. To the extent, if any, that Authorized User has any rights in or to the Site or the Service, Authorized User hereby irrevocably assigns to HandsOn Connect, and agrees that HandsOn Connect shall be the sole and exclusive owner of, all right, title and interest in and to the Site and the Service, including without limitation all copyright, trade secret and other proprietary rights therein that may be secured in any place under laws now or hereafter in effect.

N. TRADEMARKS

Names, logos, and other materials displayed on the Site and in the Service constitute trade names, logos, trademarks, and service marks ("Marks") are owned by or licensed to HandsOn Connect. Authorized User is not authorized to use these Trademarks without the prior written consent of HandsOn Connect. As between HandsOn Connect and Authorized User, HandsOn Connect and its licensors are and shall be the owner of all Marks and all goodwill associated with such Marks.

O. COPYRIGHTS and USE RESTRICTIONS

The data included as part of the Service, including without limitation, text, databases, software, code, and graphics, is (a) copyrighted by HandsOn Connect under United States copyright laws, (b) subject to other intellectual property laws, and (iii) owned by HandsOn Connect. Such data may not be copied, reproduced, modified, posted, transmitted, republished, sold, or redistributed in any way without our express prior written consent. Authorized User must abide by all copyright notices, information, or restrictions contained in or linked to any data described herein.

P. MISCELLANEOUS

Modifications to any member agreements and any policies, including this Agreement, will be e-mailed to Authorized User and/or prominently posted and available for Authorized User to view at any time on the Site. Authorized User's continued access to and/or use of the Site will constitute Authorized User's complete assent to and acceptance of all such amended terms. These Terms contain the entire terms between the parties. In the event, any provision of these Terms is held to be illegal, invalid or unenforceable, then such provision shall be severed from these Terms while the remaining terms shall remain binding on the parties hereto. The section titles in these Terms are for convenience only and have no contractual or legal effect. These Terms shall be governed by the laws of the District of Columbia, without regard to its conflicts of law provisions. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Authorized User agrees that regardless of any statute or law to the contrary, any claim or cause of action brought by Authorized User arising out of or related to the use of the Service or the Site, or specified in these Terms, must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.


Chicago Cares Terms and Conditions of Use

Effective Date: April 16, 2019

 

This is an agreement between Chicago Cares and users of Chicago Cares’ website (chicagocares.org) and governs your use of our website and services operated by Chicago Cares (“Site and Services”). Throughout these Terms and Conditions of Use (“Terms”), “Chicago Cares,” “we,” “our,” or “us” refers to Chicago Cares. “You” or “your” refers to anybody using our Site and Services.

These Terms are binding for all users of our Site and Services. Please read these Terms carefully and note that we may change the Terms from time to time.

These Terms and the Privacy Policy (www.chicagocares.org/privacy-policy), which is incorporated in these Terms. Our Privacy Policy explains what data and/or personal information we collect about you and how we use and share your data and/or personal information. Information that you provide to us or that we collect about you and your Company through your access to and use of the Site and Services is subject to our Privacy Policy.

Electronic Communications

You agree to receive emails and other electronic communications from us. You agree that electronic messages we send to you are communications “in writing” for legal purposes.

We reserve the right to contact you by email for purposes of informing you of changes to our Site and Services or these Terms. We may also contact you regarding surveys or feedback regarding the Site and Services.

Your Data

We will take commercially reasonable steps to ensure the integrity of our systems and prevent hacks. However, no system is impenetrable. You agree that we are not responsible for someone hacking your account.

We may change the services we offer or suspend or cease performance of the services at any time or for any reason. We also reserve the right to cancel or refuse services. We may also remove or edit content or delete accounts.

Links to Third Party Websites or Services

Sometimes we may post links to other websites or services. We cannot control the content on other websites or services, and we are not responsible for the content on those websites or services. By linking to such websites or services, we do not agree with or endorse the content or owners of those websites or services. Please be aware that the content of those websites or services may also change from time to time. Even if we linked to something, we are not responsible for what is at the other end of the link.

Communications Between Us and You

If you sign up for our email list and indicate that you want to receive such information, you agree that we or our third party partners or service providers may communicate with you from time to time regarding our Site and Services.

We reserve the right to contact you by email for purposes of informing you of changes to our Site and Services or these Terms. We may also contact you regarding surveys or feedback regarding the Site and Services.

No Unlawful or Prohibited Use/Intellectual Property

We grant you a non-exclusive, non-transferable, revocable license to access our Site and Services, as long as you agree with our Terms.

You agree not to use our Site and Services to do anything illegal. You also agree that you will not do anything that violates these Terms. You agree that you will not try to hack us or try to sabotage our services in any way. You agree that you will not try to access another user’s data or do anything that prevents someone else from using our Site and Services. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content.

You may not access, use, or copy any portion of the Site and Services through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms.

All of the content on our Site and Services is protected by various laws. That means all articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content that is collected online, or other content that is combined with information collected online, are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries, or by other applicable laws and regulations. All individual articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content are also copyrighted works. All copyrights in the Site and Services are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws.

You agree not to use, publish, reproduce, distribute, enter into a database, display, perform, modify, create derivative works, transmit, or exploit in any way our materials, except that you may make use of the content for your own personal use as follows: you may make one machine readable copy and/or print copy that is limited to occasional articles of personal interest only.

International Users

If it is against the law to use our Site and Services where you are, or if it is unlawful to transfer your data to the United States, do not use our Site and Services. We make no representation that Site or Services is appropriate or available for use in locations other than the United States. If you choose to access the Site and Services from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.

Idemnification

You agree to indemnify and hold harmless Chicago Cares, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of our Site and Services or breach of these Terms. You will cooperate as fully as required by us in the defense or settlement of any claim.

Arbitration

In case of any disputes between us that cannot be resolved through informal discussions, you agree to submit such disputes to a neutral arbitration organization appointed by the American Arbitration Association and in accordance with the Federal Arbitration Act. The arbitrator’s decision and award is final. You and we also both agree not to disclose the contents of the arbitrator’s decisions related to the arbitration to anyone (except as required by law or for the purposes of enforcement or appeal of the arbitration award).

Arbitration will cover all disputes and claims regarding these Terms, including tort claims, direct claims, or indirect claims. The arbitrator can issue rulings on any substantive or procedural issues arising in the dispute, including the scope of the dispute. This arbitration clause will continue to be valid even if these Terms are no longer valid for some reason. If you have a claim or dispute, you must contact us first, so we can try to resolve the matter. You agree to give us 60 days to try to resolve the dispute before requesting arbitration. The arbitration of any dispute or claim will follow the relevant rules of the American Arbitration Association as modified by these Terms.

If you and we have to participate in arbitration of disputes between us, such arbitration shall take place in Chicago, Illinois. The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

You must contact us within one year of the date of the event or facts giving rise to a dispute or you will have waived the right to pursue a claim based on such event or facts.

Class Action Waiver

Any arbitration will be on an individual basis. By using our Site and Services, you agree that you cannot make “class action” claims.,p>

Unless both you and we agree, the arbitrator cannot group claims together.

Liability Disclaimer

We may make improvements and/or changes in the Site and Services at any time.

We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the site, or information accessible therein. We make no representation that the Site and Services and their content are free of viruses or other disabling devices or harmful components. To the maximum extent permitted by applicable law, the Site and Services and information accessible therein are provided “as is” without warranty of any kind. We disclaim all warranties with regard to the Site and Services and information accessible therein, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Chicago Cares, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site and Services, the delay or inability to use the Site and Services, or for any information, software, products, services, or related graphics obtained through the Site and Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of damages. Because some states and/or jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitation may not apply to you.

Representations

You represent and warrant that no materials you submit to us or our Site and Services will violate, plagiarize, or infringe upon the rights of third parties or contain libelous or unlawful material. You represent that you are at least 18 years old.

Copyright Infringement

If you are a copyright owner or an agent of a copyright owner, and you believe that any content on the Site and Services, mobile apps, or other website or online services infringes such copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our Designated Copyright Agent with the following information in writing:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material;
  • contact information of the complainant, such as an address, telephone number, and, if available, an e-mail address;
  • a statement that the complainant has a good faith belief that use of the material is not authorized; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be included in the Notice and submitted to our Designated Copyright Agent by mail and e-mail to the following address:

Chicago Cares, Inc.
2 North Riverside, Suite 1800
Chicago, IL 60606
312.780.0800
info@chicagocares.org

Termination/Access Restriction

We reserve the right to prevent you from visiting our Site and Services and using our services, without notice.

Illinois Law and Enforceability

This agreement and our Site and Services are governed by the laws of the State of Illinois. You and your Company agree that the courts of the State of Illinois have exclusive jurisdiction over any matters, disputes, and claims relating to the content, use of, or any other matter relating to our Site and Services.

If you are in a location that does not permit any of the terms in this agreement, you agree you will not use our Site and Services.

Using the Site and Services does not mean that there exists a joint venture, employment, or partnership between or among us. If any part of this agreement invalid or unenforceable, the rest of the agreement will continue to be valid and enforceable.

This agreement and the Privacy Policy is the entire agreement between you and us. The most recent version of the Terms is the valid version. Please review the Last Updated date at the bottom of these Terms.

Contact Us

If you have any questions or comments, please contact us. We welcome your questions regarding these terms:

Chicago Cares, Inc.
2 North Riverside, Suite 1800
Chicago, IL 60606
312.780.0800
info@chicagocares.org

Last Updated: April 16, 2019