Terms of Use

These Terms of Use (“Agreement”) constitute a legal agreement between you and Austin Pro Bono, Inc., a Texas nonprofit corporation (“Austin Pro Bono”). By accessing the Austin Pro Bono website, currently located at www.austinprobono.org (the “Site”), or using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms of this Agreement, as amended by Austin Pro Bono from time to time.

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.

  1. Eligibility
    1. Minimum Age. You must be at least 13 years old to use this Site, and at least 18 years old to register for the Services.
    2. Authorization. By registering to use the Nonprofit Service, you represent and warrant that you are an authorized employee or official representative of the registered nonprofit, social enterprise, company, or group. If you are not an authorized employee or official representative, you may not register to use the Nonprofit Service.
  2. Use of Site and Services As a user of the Site and/or Services, you agree to the following:
    1. Information Submitted. You are solely responsible for, and assume all liability regarding
      (a) the information and content you contribute to the Site and/or Services and
      (b) your interactions with other users through the Site and/or Services.
    2. Risk Assumption and Precautions. You assume all risk when using the Site or Services, including but not limited to risks associated with any online and offline interactions with others.
    3. Fees. You will promptly pay any fees associated with your use of the Site and/or Services as agreed upon with Austin Pro Bono.
    4. Reporting of Violations. You will promptly report to Austin Pro Bono any violation of the Agreement by others.
    5. Third Party Content. Content available on the Site or as part of the Services may be supplied by other users of the Site and/or Services and by other third parties. Any content, services, offers, or other information expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Austin Pro Bono. Austin Pro Bono does not endorse or assume any responsibility for the accuracy or reliability of any content, opinion, advice, information, or statement made on the Site or as part of the Services.
    6. Content Removal. Austin Pro Bono reserves the right, but has no obligation, to monitor, modify, or remove the information or content you submit to the Site and/or Services.
    7. Restrictions. You will not use the Site and/or Services in a manner that:
      a. violates or infringes the rights of Austin Pro Bono, other users, or any other party, including patent, trademark, trade secret, copyright, or other intellectual property rights, privacy rights, or publicity rights;
      b. promotes racism, bigotry, hatred, or harm of any kind against any group or individual;
      c. is intended to, may, or does harass, annoy, threaten, harm, or intimidate any other users of the Site or Services;
      d. reproduces, duplicates, copies, sells, resells, or exploits any portion of the Site or Services;
      e. is defamatory, inaccurate, abusive, obscene, profane, offensive, tortuous, or otherwise objectionable;
      f. violates any local, state, national, or international law or regulation;
      g. promotes illegal or unlawful activities;
      h. may defraud or deceive others;
      i. collects, stores, or disseminates personal information about any other user or third party without his/her permission;
      j. uses scripts, bots, or other automated technology to access the Site and/or Services;
      k. interferes with or disrupts the Site and/or Services or servers, computers, or networks connected to the Site and/or Services;
      l. uses the Site and/or Services for chain letter, junk mail, or spam email; or
      m. frames the Site, places pop-up windows over the Site, or affects the display of its pages without Austin Pro Bono’s prior written consent.
  3. No False Information. You will not provide inaccurate or false information to Austin Pro Bono, any user, or others.
  4. Registration and Profile. You may be required to register and maintain a profile in connection with your use of the Site and/or Services. You agree to submit accurate and truthful information during registration and maintain the accuracy of such information. You may be required to establish a username and password. You will be responsible for maintaining the confidentiality of your password and for any activity that occurs as a result of your enabling or permitting another individual or group to use your username, password, or profile. It is your responsibility to notify Austin Pro Bono if your password is lost or stolen, if you become aware of any unauthorized use of your username, password, or profile, or if you become aware of any breach of security that might affect the Site or the Services.
  5. No Advertising or Commercial Solicitation. You agree not to advertise or solicit any user to buy or sell any products or services through the Site and/or Services without Austin Pro Bono’s prior written consent. You agree not to use any information obtained from the Site and/or Services in order to contact, advertise to, solicit, make offers to, or sell to any user without their prior explicit consent.
  6. Privacy. You have read, understood, and consented to our Privacy Policy, and by using the Site and/or Services agree to abide by the Privacy Policy.
  7. 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.

  8. Third Parties
    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.

  9. Indemnity
    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.

  10. 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.

  11. Term and Termination
    This Agreement will become effective upon your acceptance of the Agreement by your access or use of the Site and/or Services and will remain in effect unless terminated by Austin Pro Bono. You may remove your account at any time by sending us email at contact@austinprobono.org. Austin Pro Bono may remove your account at any time, for any reason.
  12. Specific Terms Controlling the Volunteer Service
    1. Continued Use. If you complete a volunteer project, you agree not to engage the same nonprofit organization in subsequent volunteer projects without first making a best effort to use Austin Pro Bono to find a volunteer project with that nonprofit organization.
    2. No Guarantees. The Volunteer Service does not guarantee a volunteer match or placement.
    3. 14-day Cancellation. You agree to notify Austin Pro Bono if you need to terminate your volunteer project within 14 days of a nonprofit accepting you as a volunteer match. If you do not notify us within the 14-day period and fail to complete such project, we reserve the right to terminate your account.
    4. Project Reviews. Upon completion of a volunteer project, you agree to complete Austin Pro Bono’s project review form accurately and to the best of your ability.
    5. Volunteer Service Policies. You agree to abide by Austin Pro Bono’s policies regarding the Volunteer Service.
  13. Specific Terms Controlling the Nonprofit Service
    1. Continued Use. If you complete a volunteer project with a volunteer, you agree not to engage the same volunteer in subsequent volunteer projects without first making a best effort to use Austin Pro Bono to engage that volunteer for a volunteer project.
    2. No Guarantees. The Nonprofit Service does not guarantee a volunteer match or placement.
    3. 14-day Rematch Period. You agree to notify Austin Pro Bono if you need to be rematched to a new volunteer within 14-days of the initial match. If you do not notify us within the 14-day period, you agree that any fees charged will not be refunded.
    4. Project Reviews. Upon completion of a volunteer project, you agree to complete Austin Pro Bono’s project review form accurately and to the best of your ability.
    5. Nonprofit Service Policies. You agree to abide by Austin Pro Bono’s policies regarding the Nonprofit Service, including payment terms and obligations.
  14. General Terms
    1. The Site and Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice to you or liability to the Austin Pro Bono Affiliates. If you object to any modifications, your sole recourse is to stop using the Site or Services. Continued use of the Site or Services following modifications shall indicate your acknowledgement of such modifications and agreement to use the Site and Services as modified.
    2. The Terms of Use and Austin Pro Bono’s Privacy Policy contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us regarding the use of the Site. Notwithstanding the foregoing, your use of the Services may be subject to other agreements entered into between you and us.
    3. Any failure on Austin Pro Bono’s part to enforce any provision of the Terms of Use does not constitute a waiver of such provision.
    4. The terms of this Agreement will be governed by and construed in accordance with the laws of the State of Texas without reference to conflict of law principles and any dispute under this agreement will be resolved in the Federal and Texas State courts in Travis County, Texas.

Effective Date
November 1, 2011

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