The Terms of use are also available as part of the
Volgistics Service Agreement in a printable PDF file
here. |
The Volgistics online volunteer tracking and
coordinating service (“Service”), owned and operated by Volgistics,
Inc. (“Volgistics”), is provided to the organization or entity
registered in this process, its authorized users, and the owner of the account
used for registration purposes (collectively, the “Customer”) under
the terms of this agreement and any operating rules or policies (collectively,
the “Agreement”). If Customer is using this site on behalf of an
organization or other entity, Customer confirms that it has the legal authority
to enter into this agreement on behalf of such organization or other
entity.
REGISTRATION FOR THIS SERVICE REQUIRES (a) ACCEPTANCE OF THE
TERMS CONTAINED IN THIS AGREEMENT; (b) THAT CUSTOMER IS AT LEAST EIGHTEEN (18)
YEARS OF AGE. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “I
ACCEPT” BUTTON, YOU AGREE TO BE BOUND BY THIS AGREEMENT. PLEASE READ THIS
AGREEMENT CAREFULLY BEFORE CLICKING THE “I ACCEPT” BUTTON. IF YOU DO
NOT AGREE WITH THESE TERMS, YOU SHOULD CANCEL THE REGISTRATION.
1.0
RESERVATION OF RIGHTS
Volgistics reserves the right to change the
following terms, or the policies incorporated in it by reference, or to add
additional terms or policies at any time, and such changes or additions shall
become effective upon the Customer’s next service fee payment. Volgistics
posts notices in advance of such changes at www.volgistics.com. Customer’s
next service fee payment constitutes acceptance of such change or addition. The
Customer is advised to review these terms and the incorporated policies
periodically.
2.0 OWNERSHIP
2.1 Data stored within the
Volgistics system by the Customer is the sole property of the Customer. Title
and ownership of the volunteer data entered by the Customer remains with the
Customer. No transfer of ownership shall occur under this Agreement.
2.2 Volgistics either owns or has licensed the rights to the software, content,
graphics, online documentation, reports formats, and demonstration records,
including modifications, updates, revisions or enhancements thereto, located on
this web site (the “Site”) and offered through the Service .
3.0 LICENSE
3.1 Use. The Customer (including all users authorized by
the Customer) is hereby granted a non-exclusive, non-transferable license to
use the Service in accordance with the terms of this Agreement and the
instructions on the Site for the single company or entity defined in this
registration process.
3.2 Restrictions. Customer’s use of the
Service is subject to the following restrictions. Customer shall not, and shall
not permit others to, (a) modify, copy, or otherwise reproduce the Service in
whole or in part; (b) reverse engineer, recompile, disassemble, or otherwise
attempt to derive the source code form or structure of the software used in the
Service; (c) sublicense, assign, share, timeshare, sell, rent, or otherwise
convey in any manner the Service to others; (d) remove any proprietary notices
or labels displayed on the Site; and (e) use the Service or Site for any
unlawful purpose. All rights not expressly granted to Customer are reserved by
Volgistics. There are no implied rights.
3.3 Stored Information.
Customer is solely responsible for the content of any information or data
stored in Volgistics (“Stored Information”). Customer warrants that
the Stored Information will not contain content that is libelous, obscene,
scandalous or defamatory, and that the Stored Information will not contain
content that violates the personal, proprietary, or intellectual property
rights of any third party.
3.4 Email. Customer agrees not to use
Volgistics for the purpose of sending unsolicited bulk email, or that promotes
any commercial activity unrelated to the mission of the Customer’s
organization. Unsolicited bulk-email is defined as email sent to multiple
individuals who have not previously established a relationship with the
Customer (for example, through the submission of an application or registration
form, request for additional information, or a business association) or who
have asked to be removed from the Customer’s email list.
4.0
SERVICE FEATURES
4.1 Service suitability. Volgistics provides a
variety of freely available tools to help Customer understand Service features
and capabilities, including a free trial. The Customer will use these tools to
determine that the Service suits their needs before paying for the service.
Customer acknowledges these tools, and their responsibility for using them to
determine that the Service works in a way which will suit their needs.
4.2 New features. While Volgistics may periodically make, announce, or document
proposed enhancements to the Service, Customer agrees that the Service may
include only the features available at the time they sign-up. Customer also
acknowledges that, if the Service is enhanced, there may be changes in the way
existing features work. In these cases Volgistics alerts customers by posting a
description of the change.
5.0 FEES AND PAYMENTS
5.1
Volgistics fees. The customer is completely responsible for all charges, fees
and taxes arising out of use of the Service. Volgistics reserves the right to
change fees or institute new fees at any time, and such changes or new fees
shall become effective as defined in the Payment Terms.
Changes in fees or new fees shall be posted on this site in advance of their
effective date.
5.2 Billing. Customer agrees to the Payment Terms
posted on the Site at http://www.volgistics.com/PaymentOptions.htm..
Customers pay for the Volgistics service online by credit card or check.
Customers may review their accounts at any time the Service is available.
Customers may cancel the Service at any time, as described below. Volgistics
has the right to suspend use of the Service in cases where service fees have
not been paid by Customer until such time as the service fee is paid.
5.3 Identification For the purpose of identification and billing, Customer
agrees to provide Volgistics with and maintain accurate Customer information,
including, without limitation, Customer legal name, address, telephone number,
email address; and credit card or bank account information. Failure to maintain
this information may, at Volgistics option, result in suspension or termination
of Customer’s right to use the Service.
5.4 Third party fees and
costs. In addition to the charges set forth above, Customer is responsible for
all expenses and charges associated with accessing the Internet and connecting
to the Service, any service fees associated with such access and connection,
and for providing all equipment necessary for Customer to make the
connection.
5.5 Cancellation. Customer may cancel this Agreement and
use of the Service at anytime using the 'Cancel' option under Account
Management in the Setup area. Thereafter, Volgistics will cease billing the
customer's credit card for the monthly service fee if the customer paid through
Automatic Monthly Billing. There is no refund of any fees that the customer may
have already paid, or credit balances from credits previously issued. If
Customer wishes to obtain its volunteer data, the Customer is responsible for
retrieving their volunteer data from the Site prior to their cancellation.
Customer grants Volgistics the right to destroy information left in cancelled
accounts. Volgistics will remove Customer data from the Site upon Customer
cancellation.
6.0 CONFIDENTIALITY
6.1 Confidentiality. Only
the Customer can enter, edit, and use its data. Volgistics can access Customer
data only as defined in the Volgistics’ Privacy Policy, which can be found
at http://www.volgistics.com/Privacy.htm
6.2
Security. Volgistics uses commercially reasonable practices, including
encryption and firewalls, to ensure that Customer information is disclosed only
to Customer authorized users. These practices are more fully explained at
http://www.volgistics.com/Security.htm. However,
Customer acknowledges that the Internet is an open system and Volgistics cannot
and does not warrant or guarantee that third parties cannot or will not
intercept or modify Customer data.
6.3 Credentials. Access to Customer
data is protected by a three part credential system (account number, login
name, and password). Customer selects their own login names and passwords, and
issues credentials to the individuals they authorize to use the Service. The
Customer is responsible for maintaining the confidentiality of these
credentials, and agrees that Volgistics has no obligations with regard to the
use of such credentials by third parties. The Customer is responsible for any
and all activities in the Customer’s account. The Customer agrees to
notify Volgistics immediately if Customer has any reason to believe that the
security of the Customer’s account has been compromised.
6.4
Forgotten credentials. To retrieve forgotten passwords, Customers must provide
the account number and the e-mail address associated with the forgotten
password. Forgotten passwords are sent only to the Customer email address
associated with the password. For Customer protection, assistance with the
recovery of any other lost or forgotten account credentials (account numbers or
login names) is strictly controlled, available only to the holder of the credit
card or bank account currently associated with the account, and only after
positive identification of the account holder has been established by
Volgistics, a process that may require up to 72 hours to complete.
7.0
AVAILABILITY
7.1 Availability. Volgistics uses commercially reasonable
efforts to maintain availability of the Service twenty-four (24) hours per day,
seven (7) days per week. These efforts are more fully described at
http://www.volgistics.com/Reliability.htm.
However, scheduled and unscheduled interruptions may occur, and Volgistics does
not warrant or guarantee totally uninterrupted availability of the Service.
Scheduled maintenance is normally conducted during nights or weekends, to cause
minimum inconvenience to Customers. Notifications of such interruptions are
posted in advance. In the event that an unscheduled interruption occurs,
Volgistics will apply appropriate resources to resolve the problem and return
the Service to availability as soon as possible. During these scheduled and
unscheduled interruptions, the Customer may be unable to use the Service.
7.2 Reliability. Volgistics uses commercially reasonable practices,
including redundancy, fail-over and backup practices, to provide the Service
with no unplanned interruptions of service and no loss of Customer data, as
more fully described at http://www.volgistics.com/Reliability.htm. However
Volgistics does not warrant or guarantee that such events will not occur.
Volgistics’ sole and exclusive obligation for any loss or damage to the
Service or data is to use reasonable efforts to provide Customer with the most
recent backup of the Service or data.
8.0 SUPPORT SERVICES
8.1
Methods. Volgistics provides support to Customers through on-line documentation
and support. To obtain on-line support, Customers post and receive messages in
their Volgistics Mailbox. The Service does not include technical support by
phone or fax.
8.2 Scope. Volgistics can assist Customers with questions
related to their account, billing, costs, service availability, questions
related to the use of Service features, and assistance related to the
resolution of Service conditions which would prevent it from functioning in
accordance with its specifications. Support for Internet connectivity, external
software such as web browsers, word processors, spread sheets, and PDF readers,
including the use of printers with such programs, are outside the scope of
Volgistics support services. Volgistics does not limit the number of support
inquiries a Customer may make, however it may answer inquiries by referring the
Customer to the location in the online documentation where the answer to an
inquiry is located.
8.3 Timeliness. Volgistics strives to respond to
all inquiries right away, however Customers should allow up to (3) three
business days for the reply to any individual inquiry.
9.0 WARRANTY
9.1 Warranty. Volgistics warrants that the Service functions in accordance
with the specifications described on the Site.
9.2 DISCLAIMER OF ALL
OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, VOLGISTICS HEREBY
EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW, COURSE
OF DEALING, TRADE USAGE, REPRESENTATION STATEMENT OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT SHALL VOLGISTICS BE LIABLE TO CUSTOMER FOR ANY
SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGE, HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY ARISING IN ANY WAY OUT OF THIS AGREEMENT, EVEN IF
NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE. VOLGISTICS’ AGGREGATE
LIABILITY TO THE CUSTOMER FOR DAMAGES UNDER THIS AGREEMENT, REGARDLESS OF THE
FORM OF THE ACTION AND WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE,
SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY THE CUSTOMER TO VOLGISTICS FOR
THE SERVICE DURING THE PRIOR TWELVE (12) MONTHS.
10.0 MISCELLANEOUS
10.1 Termination. Volgistics reserves the right to restrict, suspend or
terminate Customer access to the Service in whole or part without notice and
without liability, in the event of any Customer breach or threatened breach of
this Agreement. In addition, Volgistics may terminate this Agreement, for any
reason or for no reason, with thirty (30) days notice to Customer. If this
Agreement is terminated by Volgistics for reasons other than Customer breach,
Customer volunteer data will be made available by Volgistics for Customer
downloading for up to ninety (90) days after termination. After ninety (90)
days Volgistics shall destroy remaining data in Customer's account.
10.2 Governing Law and venue. The validity, construction and interpretation
of this Agreement and the rights and duties of the parties hereto shall be
governed by the internal laws of the State of Michigan. Customer agrees that
the venue for any dispute concerning the Service shall be in Kent County,
Michigan.
10.3 Headings. Headings in this Agreement are for reference
purposes only and shall not affect the interpretation or meaning of this
Agreement.
10.4 Severability. If any provision of this Agreement is
held by court of competent jurisdiction to be contrary to law, then the
remaining provisions of this Agreement will remain in full force and effect.
Payment obligations defined in article 5 shall survive the expiration or
termination of this Agreement for any reason.
10.5 Attorneys’ Fees
and Costs. In the event of a breach of this agreement or any other breach by
Customer or its employees, agents, or representatives, Volgistics shall be
entitled to recover costs and attorneys’ fees incurred. No other parties
shall be entitled to collect attorney fees or costs associated with any legal
action related to this agreement or the Service.
10.6 Force Majeure.
Notwithstanding any provision contained in this Agreement, Volgistics shall not
be liable to the extent performance of any terms or provisions of this
Agreement is delayed or prevented by civil disorders; wars; acts of enemies;
strikes; lack of available resources from persons other than parties to this
Agreement; labor disputes; electrical equipment or availability failure; fires;
floods; acts of God; or federal, state or municipal action, statute, ordinance
or regulation.
Revised 05-01-2009
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