If this Agreement is being entered into by an individual on his or her own behalf, “you” is defined to be that individual person. If this Agreement is being entered on behalf of an organization, such as an employer or nonprofit, “you” is defined to be that organization, and the individual entering this Agreement on behalf of that organization represents and warrants that he or she has the authority to do so on the organization’s behalf. If you do not agree to be bound by this Agreement, do not use the Site or Austin Pro Bono services (“Services”).
Services consist of the following, without limitation: a service for volunteers (“Volunteer Service”), and a service for nonprofits (“Nonprofit Service”). Austin Pro Bono may offer additional services and revise any of the Services or the Site, at its discretion, and this Agreement will apply to all additional services, revised Services, and the revised Site. Austin Pro Bono also reserves the right to cease offering any of the Services or the Site.
This Agreement is subject to modification by Austin Pro Bono in its sole discretion at any time. Your continued use of this Site or Services after the posting of revisions to this Agreement will constitute your acceptance of the revisions.
License to Posted Content
By posting information or content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Austin Pro Bono, an irrevocable, perpetual, nonexclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
The Site and/or Services may include links to other websites or applications (“Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or content of such Third Party Sites.
If anyone brings a claim against Austin Pro Bono or any of its parents, subsidiaries, affiliates, related companies, suppliers, licensors, partners, officers, directors, employees, agents, or representatives of each of them (together with Austin Pro Bono, the “Austin Pro Bono Affiliates”) related to your actions, content, or information on the Site or in connection with the Services, or any third party using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. The Austin Pro Bono Affiliates reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of the claims. You agree not to settle any matter without the prior written consent of Austin Pro Bono.
Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE AUSTIN PRO BONO AFFILIATES. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE SITE AND SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT THERE ARE RISKS IN USING THE SITE OR SERVICES AND YOUR USE OF THE SITE OR SERVICES IS SOLELY AT YOUR OWN DISCRETION AND RISK.
THE AUSTIN PRO BONO AFFILIATES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF OTHERS. ACCORDINGLY, THE AUSTIN PRO BONO AFFILIATES ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS.
THE AUSTIN PRO BONO AFFILIATES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, RELIABILITY, OR LEGALITY OF ANY USER-PROVIDED CONTENT OR CONTENT PROVIDED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, THE VOLUNTEER OR NONPROFIT RATINGS AND REVIEWS, THE SKILLS AND ABILITIES OF THE VOLUNTEERS, OR THE VOLUNTEER OPPORTUNITIES. ACCORDINGLY, THE AUSTIN PRO BONO AFFILIATES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM RELIANCE ON USER-PROVIDED CONTENT OR CONTENT PROVIDED BY THIRD PARTIES. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL INFORMATION YOU ACCESS OR OBTAIN THROUGH THE SITE AND/OR SERVICES.
THE AUSTIN PRO BONO AFFILIATES ARE NOT INVOLVED IN ANY RELATIONSHIPS BETWEEN USERS. THE AUSTIN PRO BONO AFFILIATES CANNOT GUARANTEE A SUCCESSFUL OR SATISFACTORY OUTCOME OF ANY PROJECT OR ENDEAVOR INITIATED WITH ANOTHER USER. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU AGREE THAT THE AUSTIN PRO BONO AFFILIATES ARE NOT REQUIRED TO ASSIST YOU IN THE DISPUTE.
THE AUSTIN PRO BONO AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE AUSTIN PRO BONO AFFILIATES MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED BY USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE.
YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE AND/OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE AND/OR SERVICES. THE AUSTIN PRO BONO AFFILIATES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE AND/OR SERVICES OR THIS AGREEMENT IS LIMITED TO $200.
THE AUSTIN PRO BONO AFFILIATES DISCLAIM ALL LIABILITY FOR, AND YOU HEREBY AGREE THAT THE AUSTIN PRO BONO AFFILIATES SHALL NOT BE LIABLE FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (2) LOSS OF OR DAMAGE TO REPUTATION OF YOU OR ANY THIRD PARTY, (3) LOSS OF INFORMATION OR DATA, (4) USE, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, (5) LINK PROVIDED IN CONNECTION WITH THE SITE OR SERVICES, (6) DELETION, MISDELIVERY, FAILURE, OR UNTIMELINESS IN POSTING OR STORING ANY INFORMATION, OR (7) MATTERS OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES.
November 1, 2011
We generally collect two types of information - personally identifiable information ("PII") and non-personally identifiable information ("Non-PII"). PII is any information that can be used to specifically identify you as an individual. For example, you may submit and we may collect your name, email address, address, phone number, or similar information through the Site. Non-PII consists of information that does not specifically identify you. The following section describes how we collect and use your PII and Non-PII.
Cookies are bits of data placed on your hard drive when you visit websites. A cookie file contains
When you are using the Site, we automatically gather basic information from your browser, such as IP address, browser type, ISP, OS, and date/time stamps to analyze trends, administer the site, analyze bugs, and gather broad demographic information. We do not share log files externally.
When you register to our service, you provide a variety of information to help us match you with the best possible volunteer or volunteer experience. We display some of this information on our site publicly (such as name, location, and profile) and this information is displayed to all registered users of the Site. We will not publicly display any of your contact information, professional experience, skills, cause interests, or volunteer biography. Entities with whom you have been matched or other parties that you have authorized, however, will be able to view this information.
When associating your Austin Pro Bono account with other Internet services, we will collect information about you from your accounts on those websites. We collect this information to help us improve our ability to match you with a volunteer or volunteer opportunity and to improve your overall user experience on the Site.
We may also contact you by telephone solely in connection with Austin Pro Bono services. If you would rather not receive phone calls from us, please remove your phone number from your profile.
Without your affirmative consent, we will not sell, rent, or otherwise share your PII with other third parties, unless required as described under the Required Disclosures section below. In the case of posting a volunteer opportunity and accepting a volunteering match, we regard this as affirmative consent and will disclose your PII with the matched party.
Notwithstanding the foregoing, we may use third party suppliers and service providers to facilitate our services, and they may have access to your PII. For example, we may outsource one or more aspects of our Site to a supplier or service provider who performs services according to our requirements. Although we endeavor to select only reputable companies who share our commitment to privacy and will restrict how these suppliers or service providers may use or disclose the PII to which they have access, we are in no way responsible for such third parties or their activities.
Due to factors beyond our control, we cannot fully ensure that your information will not be disclosed to third parties. For example, third parties may circumvent our security measures to unlawfully intercept or access your information.
Certain PII that you provide through the registration process (such as name, location, and profile image) may be accessible and made public through syndication programs, search engines, crawlers, and other similar programs.
We make every reasonable effort to preserve your privacy, but may need to disclose your PII when
required by law or if we have a belief that such action is necessary to:
You may control the information you provide to us in various ways.If you would like to change any of your information in our database, you can do so by logging onto your account and following the directions.To cancel your account, send an email request to email@example.com from the email address you provided us in your registration.
Any person who provides information through the Site represents that they are 13 years of age or older. We do not knowingly collect PII from anyone under the age of 13. In compliance with the Children's Online Privacy Protection Act, any information we receive from users we believe to be under the age of 13 will be purged from our database. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to the Site, please contact us immediately.
You may use the Email Preferences features on the Site to opt-out of notifications, promotional email and newsletters. You will also have the ability to opt-in in the event that we share your information with other third-party organizations for their marketing or promotional uses or various other programs or features.
To protect your privacy and security, we take reasonable steps to verify your identity before granting profile access. You are responsible for maintaining the secrecy of your unique password and account information at all times.The Site has reasonable safeguards to protect against the loss, misuse and alteration of the information under our control. Notwithstanding these efforts, we can make no assurances that the information you submit will be secure, and that unauthorized third parties will not be successful in breaching our security measures and accessing your information. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Site or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If a security breach occurs, we may post a notice on the Site or send an email to you at any email address you may have provided to us.
The Site is hosted in the United States. If you access the Site from any other region with laws or regulations governing personal data collection, use and disclosure, that differ from the laws of the United States, please note that you are transferring your data to the United States which may not have the same data protection laws as other regions, and by providing your personal data you consent to:
In the event of a change of control of Austin Pro Bono from, for example, a sale to, or merger with, another entity, or upon Austin Pro Bono's filing for a bankruptcy, information Austin Pro Bono receives from you is an Austin Pro Bono asset and may be transferred.
Effective DateNovember 1, 2011
© Copyright Austin Pro Bono, 2012. All rights reserved.