Engage Terms and Conditions

Effective October 28, 2020

Points of Light, (“POL”“we” or “our”) provides the Engage software services platform and application (the “Service”) and this site (the “Site”), to volunteer centers, nonprofit organizations, universities and colleges, schools, governmental agencies, businesses, volunteers or visitors to the Site (collectively referred to as “Authorized Users,” and each is individually an “Authorized User,”or “you”), exclusively under the following terms of service and use (the “Terms”). By using the Service, you affirm you are over the age of 13 and you have read and understand the Terms and agrees to be bound by thereby. 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

You agree 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, you may not: (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail, (b) access the Service or Site using any high volume or automated means (including but not limited to robots, spiders, crawlers, and scripts), (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 you provide to us shall be true, accurate and current.

You agree not to use the Service or Site to: (a) violate any local, state, national or international law, (b) impersonate any person or entity, or otherwise misrepresent your 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 without their explicit permission 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

You will be requested to provide specific personal data to us, as described in the Privacy Policy(“Personal Data”). All uses of your Personal Data will be treated according to our Privacy Policy. By using the Site and the Service, you accept the terms and conditions of our Privacy Policy. If you object to having your information used as described in the Privacy Policy, your 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 and other information, news, comments and recommendations, and photos. 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 POL. 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. POL 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, threatening, malicious, 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 Authorized User has the rights to any original content, marks, or images that Authorized User posts to the Site. Authorized User 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.

E. DEALINGS WITH OTHER AUTHORIZED USERS, SPONSORS AND ADVERTISERS

You agree POL 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. You agree to conform to POL’s nondiscrimination policy in its interaction with other Authorized Users, including but not limited to consideration in qualifying for a volunteer opportunity. Specifically, Authorized Users may not discriminate based on race, color, religion, gender, sexual orientation, national origin, age genetic information, disability, or veteran status in their use of the Service or the Site.

F. LINKS

Links provided to other locations or web sites are made available for your 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 your use of such information.

G. PAYMENT TERMS

POL reserves the right to update access to the Site at any time in the future, such as to require a subscription (with or without a fee associated with it) to maintain access to some or all of the Site’s features. POL will communicate any changes in advance providing the option to all Authorized Users to opt-in or opt-out of a subscription. As a subscriber, you may be subject to Supplemental Terms, including, but not limited to, those which amend the terms of cancellation provided in Section I.

H. MODIFICATIONS TO THE SERVICE

We reserve the right to modify or discontinue the Service or the Site with or without notice to you. We are not liable to you or any third party should we exercise our right to modify or discontinue the Service or the Site. If you object to any such changes, your 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.

I. MODIFICATIONS TO TERMS

We may change the Terms from time to time by posting a notice of such changes on the Site or notifying you via e-mail. If you object to any such changes, your 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 your assent to and acceptance of the Terms, including but not limited to all posted changes.

J. 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.

K. DISCLAIMER OF WARRANTIES

You expressly agree that use of the Service and the Site is at your own risk. The Site and the Service are provided on an “as available” and “as is” basis. POL 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. POL makes no warranty that the Site or the Service will be error free or meet any Authorized User’s requirements, or that the Site or the Service will be uninterrupted, timely, or secure; nor does POL 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 Users. No information or advice, whether oral or written, obtained by you from POL or through the Site or the Service shall create any warranty not expressly made herein. POL makes no warranty regarding any transactions or dealings entered into with any other parties through the Site or the Service. You understand and agree that any information downloaded or otherwise obtained through the use of the Site or the Service is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer services or loss of data that results from the download of such information.

L. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL POL, ITS AFFILIATES AND THE IRRESPECTIVE 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”).

M. INDEMNIFICATION

You agree to indemnify and hold harmless POL, 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. You shall indemnify and hold harmless POL for any Loss arising out of or relating to (a) your violation of these Terms or the rights of any other Authorized User, (b) your use of the Site or the Service, (c) any information submitted or transmitted through the Site or Service, to include submissions that infringe on the copyright or other intellectual property of third parties,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.

N. 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 POL. To the extent, if any, that you have any rights in or to the Site or the Service,you hereby irrevocably assign to POL, and agrees that POL 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 anyplace under laws now or hereafter in effect.

O. 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 POL. Authorized User is not authorized to use these Trademarks without the prior written consent of POL. As between POL and Authorized Users, POL and its licensors are and shall be the owner of all Marks and all goodwill associated with such Marks.

P. 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 POL under United States copyright laws, (b) subject to other intellectual property laws, and (c) owned by POL. Such data may not be copied, reproduced, modified, posted, transmitted, republished, sold, or redistributed in any way without our express prior written consent. You must abide by all copyright notices, information, or restrictions contained in or linked to any data described herein.

Q. MISCELLANEOUS

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 Georgia, 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you 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.

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