Welcome to The Volunteer Advantage Web site! This site, www.thevolunteeradvantage.com (the "Site"), is owned and operated by The Volunteer Advantage LLC, a Massachusetts limited liability company (the "Company", "TVA", "we", or "us").
Please read the following terms and conditions of use (the "Terms of Use") carefully, along with the TVA Privacy Policy. They are legally binding and cannot be modified except as described below. By accessing and using this Site or the TVA services offered on the Site (the "TVA Services"), users (each a "User" or "you") signify your acceptance and compliance with these Terms of Use, our Privacy Policy, and all terms, conditions, and notices related to registrations, products, services on our Site. These Terms of use apply to your access to and use of this Site and do not in any way alter the terms and conditions of any other agreement you may have with the Company for products, software, services, or otherwise, unless otherwise directed by the Company. You represent that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to agree to and abide by these Terms of Use, or if you are not, your legal guardian has agreed to be bound with you by these Terms of Use. If you do not agree to these Terms of Use, please do not access the site.
The Site and the TVA Services are for your personal or internal business use only and may not be used for any commercial purpose. Without our previous written consent, you agree not to (i) use the Site for illegal and/or unauthorized uses, including collecting information and/or e-mail addresses of other Users by electronic or other means for the purpose of sending unsolicited e-mail; (ii) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the TVA Service; (iii) develop or derive for commercial sale any data in any form whatsoever that incorporates or uses any part of the TVA Services or any data residing in it; (iv) use the TVA Services to sell a product or service or to increase traffic to your web site; or (v) "meta-search" the TVA Services.
The Site (including all past, present and future versions) may contain a variety of protected content, including but not limited to: a.) copyrighted audiovisual material, such as photographic images, artwork, illustrations, graphics, videos, music files, audio files and other materials; b.) copyrighted written material, such as text, captions, articles, blogs, directories, advertising and promotional materials; c.) other copyrighted materials, such as data, software, formulas, compilations, front and back end graphical user interfaces, and the overall "look and feel" of the Site; d.) trademarks, logos, trade names, service marks, and trade identities, and the domain names and URLs associated therewith, whether registered or unregistered (collectively the "Trademarks"); and e.) other forms of intellectual property. All of the foregoing collectively and individually are hereafter referred to as "Content."
Ownership: All right, title, and interest in and to the Site and the Content is the sole property of the Company or its licensors, except where specifically indicated, and is protected by U.S. and international copyright, trademark, patent and trade secret law, and other proprietary rights, treaties and laws as an original work, a compilation, and a collective work. Except to the minimum extent otherwise expressly permitted under applicable law or the Terms of Use, no reproduction, modification, copying, creation of derivative or similar works, selling or exploiting for commercial purposes, or other exploitation of the Web Sites, the Content or any portion thereof is permitted without the express prior written permission of the Company. This applies to copyrighted Content regardless of whether or not a copyright notice appears on such materials, and applies to Trademarks, whether registered or unregistered, and regardless of whether or not a trademark notice appears on such materials.
TVA does not guarantee, adopt, endorse, nor is responsible for the accuracy, comprehensiveness, completeness, validity or usefulness of any content, information, opinion, advice or statement available on the Site or through the Services. By using the Web Sites and/or Services, you affirm that you understand this and that you hold TVA harmless from any and all loss or damage resulting from your or anyone's reliance on any content, information, feature, functionality or other aspect of the Site and/or TVA Services.
We grant you a nonexclusive, nontransferable, revocable, limited license (the "License") to access, view, download, copy, and print Content only for your personal, non-commercial use, subject to the following limitations:
Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of the Company, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of the Company, nor may you "mirror" any material contained on this Site on any other server without prior written permission from the Company. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Trademarks. The trademarks, service marks, trade names, page headers, custom graphics, button icons, scripts and logos used and displayed on this Site (the "Trademarks") are registered and unregistered Trademarks of TVA or third parties, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TVA or other owner of the respective Trademark. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of TVA or other owner of the respective Trademark. The misuse of the Trademarks, or any other content on the Site, is strictly prohibited.
Hyperlinks. You are granted a limited, nonexclusive right to create a "hypertext" link to this Site provided that such link is to the entry page of this Site and does not portray TVA or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any TVA trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without our express written consent.
External Links. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. TVA has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content, advertising, products, services, or other materials, or their policies, including, without limitation, privacy policies or lack thereof. TVA does not endorse or make any representations about third party sites or any information, software or other products, or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that TVA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
Downloadable Materials. Any material including software, reports, forms, or other materials that are made available to download from this Site, is the copyrighted work of TVA and/or its suppliers and affiliates. If you download material from this Site, use of the material is subject to the license terms in the license agreement that accompanies or is provided with the material. You may not download or install the material until you have read and accepted the terms of the applicable license agreement. Without limiting the foregoing, copying or reproduction of the material to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided in the applicable license agreement or permitted by the express written consent of TVA.
Limited Access. Except as otherwise expressly permitted by TVA, any access or attempt to access other areas of TVA computer system or other information contained on the system for any purposes is strictly prohibited. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on TVA's infrastructure.
Additional Use Restrictions. You shall not post, transmit, e-mail, re-transmit or store material on or through any of the TVA Services which, in the sole judgment of TVA: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to its use of the Services. In addition, you may only use the Services in a manner that, in our sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact us. By way of example, and not limitation, the following uses described below of the Services are expressly prohibited:
a. upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related merchandising are prohibited under all Services, including providing links to pornographic content elsewhere;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a TVA official, agent, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
e. upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
f. upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the TVA Services that are designated for such purpose;
h. upload, post, e-mail or otherwise transmit any material 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the TVA Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the TVA Services or servers or networks connected to the TVA Services, or disobey any requirements, procedures, policies or regulations of networks connected to the TVA Services;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another;
m. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
n. effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. TVA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR ANY OTHER SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND TVA MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE. TVA DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. TVA DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.
IN NO EVENT WILL TVA, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You shall indemnify and hold harmless, and at TVA's request defend, TVA and its parents, subsidiaries, affiliates and service providers, as well as their respective owners, directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from: (i) your use of or access to the Site, Site Content, or TVA Services; (ii) any breach of your obligations, representations or warranties set forth in these Terms of Use; or (iii) your violation of any rights of others. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the government constitutes acknowledgment of TVA's or other owner's proprietary rights in them.
TVA may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.
Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by TVA or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. TVA's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by TVA. This Agreement may not be assigned in any manner by you without TVA's express, prior written permission. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts of Massachusetts (the "Massachusetts Courts") for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Massachusetts Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Massachusetts courts represent the exclusive jurisdiction for all disputes relating to this Agreement.
If you have any questions about these Terms of Use, please email us at info@thevolunteeradvantage.com
or contact us at:
The Volunteer Advantage LLC
86 Sherman Street
Cambridge, MA 02140