TERMS OF SERVICE AND USE - myneighborinneed.org
My Neighbor in Need, a Montana Corporation ("www.myneighborinneed.org," "we," or "us") provides the www.myneighborinneed.org website found at www.myneighborinneed.org. www.myneighborinneed.org offers services to our users, whom may include individuals or organizations seeking needs/assistance, individuals or organizations seeking to provide needs/assistance, "Good Deed Doers"/volunteers, sponsors, or other visitors to the website under the terms of service and use contained in these Terms of Service (the "Services"). "You" means the individual person entering this Agreement on his or her own behalf; or, if this Agreement is being entered on behalf of an organization, such as an employer, "you" means the organization on whose behalf which this Agreement is entered, and in the latter case, the person entering this Agreement represents and warrants that he or she has the authority to do so on your behalf.
1. Those Requesting A Need and/or those who wish to Fulfill A Need
Depending on what Services you desire to receive and/or provide, you may need to complete a form. You will find the form and the instructions on the website.
By submitting a Request A Need and/or Fulfill A Need, you represent that: (a) all required information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. Your information and access to any services that may be available to you may be deleted and/or removed without warning if we have reason to believe that you do not meet eligibility requirements.
www.myneighborinneed.org does not charge you a fee for accessing the website.
www.myneighborinneed.org will provide you access to the Services chosen by you substantially as described on the website. The website and Services are made available for your personal, internal, non-commercial use. You may not frame the website or Services, or make available, or facilitate distribution of Content through any means or medium. You may link to the website from other websites if you obtain www.myneighborinneed.org prior consent. Please use the Contact Us page at www.myneighborinneed.org to get more information about linking to the website.
2. User Responsibilities
You must not use the website or Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. You must not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content, website, or Services, use of the Content, website, or Services, or access to the Content, website, or Services. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to access the Services or monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the website for any purpose; or (d) frame the website, place pop-up windows over its pages, or otherwise affect the display of its pages. All information that you provide to us will be true, accurate and current.
3. Term Modification
4. Service Modification
We reserve the right to modify or discontinue the website or Services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the website or Services. If you object to any such changes, your sole recourse shall be to cease using the website or Services. Continued use of the Site or Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified.
Some of the Services offered via the website involve the distribution or syndication of www.myneighborinneed.org Content via downloadable widgets (including without limitation the "Zip Search" or "Search Lite" widget), client applications, RSS, or other technologies that allow the distribution or syndication of content authorized by www.myneighborinneed.org ("Syndication Services"). Some of the Syndication Services may be subject to separate or additional terms and conditions ("Additional Terms"). In the event that no Additional Terms apply to particular Syndication Services which you receive, the terms of this Section 6 apply to your use of the Syndication Services. www.myneighborinneed.org grants you a non-exclusive, non-transferable, revocable, limited, non-sublicenseable license to access and use the Syndication Services, download and install any software provided by to you that is required to use the Syndication Services as contemplated by www.myneighborinneed.org ("Code"), and view the Content that www.myneighborinneed.org delivers to you via the Syndication Services, in each of the foregoing cases, solely for your personal, internal, non-commercial use of viewing or making available for viewing Content on a website owned or controlled by you. All rights not expressly granted by www.myneighborinneed.org to you are reserved.
You acknowledge that the Code and its structure, organization and source code may constitute valuable trade secrets of www.myneighborinneed.org and its suppliers. Except as expressly allowed under Section 6, you must not (a) modify, adapt, alter, translate, or create derivative works from the Code or the Content; or (b) sublicense, distribute, sell, use for service bureau use, lease, rent, loan or otherwise transfer the Code or Content to any third party.
7. Intellectual Property
You hereby state and affirm that www.myneighborinneed.org owns all right, title and interest in and to the Services, including without limitation, the website, and all underlying software, code, source code, and technology, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
8. Third Party Content and Monitoring
We are a distributor and publisher of content supplied by users of the Services and by other third parties ("Content"). Accordingly, we have no editorial control over such Content. Any services, offers, or other information expressed or made available by third parties as part of the Content, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information and not of us. We neither endorse nor are responsible for the accuracy or reliability of any Content, or opinion, advice, information, or statement made on the Services by anyone. We have the right, but not the obligation, to monitor and review the Content on the Services and your information to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not monitor Content for accuracy or reliability.
9. Your Content; License; Representation and Warranty
You are solely responsible for any information, comments, feedback, data, materials, photos or other content of any type or description that you provide or make available to us through or to the website or Services, including any data entry forms found through the website ("Your Content"), and we act as a passive conduit for the distribution and publication of Your Content. However, we reserve the right to remove Your Content if we believe Your Content may create liability for us. You represent and warrant that Your Content (a) does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) is not defamatory or trade libelous; (d) is not pornographic or obscene; (e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines; and (g) does not, by commission or omission, contain any dishonest or misleading representations. You acknowledge and agree that Third Parties (as defined below) are third-party beneficiaries of these representations and warranties, and that they shall apply to them with the same force and effect as they apply to us. You hereby grant to us a worldwide, perpetual, irrevocable and royalty-free license, sublicensable through multiple tiers of sublicensees, to use, reproduce, modify, distribute, display, perform, and create derivative works from Your Content in any media or through any means now known or not currently known. You acknowledge that some of Your Content will be publicly available for other users of the website or Services to view. You are solely responsible for the content of Your Content.
Without limiting the foregoing, if you believe that your work has been copied and posted on the website or Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site or Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. www.myneighborinneed.org's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, www.myneighborinned.org, Conner & Pinski, PLLP, Attn: Gregory G. Pinski, P.O. Box 3028, Great Falls, MT 59403.
10. Responsibility for Dealings with Third Parties
If you are using the website and/or Services to Request A Need and/or Fulfill A Need, your correspondence or ensuing relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors or other third parties found on or through the website and/or Services including posting of a need and/or acceptance of help, and any other terms or conditions associated with such dealings, are solely your responsibility.
YOU AGREE THAT WWW.MYNEIGHBORINNEED.ORG WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE WEBSITE AND/OR THE PROVISION OR RECEIPT OF SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST WWW.MYNEIGHBORINNEED.ORG ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH ANY THIRD PARTY.
Release. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other www.myneighborinneed.org users, or (ii) your participation in any offline events or activities arising from or related to your use of the website and/or Services, including without limitation to provision or receipt of Services such as fulfilling or receiving a "Need" from www.myneighborinneed.org.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Our provision of a link to any other website or location is for your convenience and does not necessarily signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
You agree that we, in our sole discretion, may terminate your involvement or other use of the website or Services without prior notice, and remove and discard Your Content from the website, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE AND/OR SERVICES. You may discontinue your participation in and access to the website and/or Services at any time.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WWW.MYNEIGHBORINNEED.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WWW.MYNEIGHBORINNEED.ORG MAKES NO WARRANTY THAT THE SERVICES OR WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WWW.MYNEIGHBORINNEED.ORG MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR WEBSITE, OR THAT DEFECTS IN THE SERVICES OR WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE 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 MATERIAL AND/OR INFORMATION. WWW.MYNEIGHBORINNEED.ORG MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WWW.MYNEIGHBORINNEED.ORG OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14. LIMITATION OF LIABILITY; RELEASE
Limitation on Liability. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WWW.MYNEIGHBORINNEED.ORG OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. The aggregate liability, if any, of www.myneighborinneed.org to you for all claims arising from or related to the Website or the Services is limited to fifty-dollars ($50).
15. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless www.myneighborinneed.org, its parents, subsidiaries, affiliates, officers, directors, co-branders and other partners (including third-party partners to whom www.myneighborinneed.org may provide Your Content ("Third Parties"), employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that www.myneighborinneed.org or Third Parties may incur as a result of or arising from (1) Your Content and any information you (or anyone accessing the website and/or Services) submit, post or transmit through the website and/or Services, (2) your (or access to the website and/or Services as you) violation of these Terms or applicable law, (3) your (or anyone using your information) violation of any rights of any other person or entity, or (4) any information or content we collect from third parties through the website or Service at your request, or (5) any viruses, trojan horses, worms, time bombs, cancelbots, spyware or other similar harmful or deleterious programming routines input by you into the website and/or Services.
Certain of the names, logos, and other materials displayed in on the website and/or in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
COPYRIGHTS; RESTRICTIONS ON USE
The content made available to you through the website and/or Services, other than Content and Your Content, including without limitation, text, databases, software, code, music, sound, photos, and graphics ("Our Content"), is (1) copyrighted by www.myneighborinneed.org and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by www.myneighborinneed.org or its licensors. Our Content, and Content, may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for (a) your personal, noncommercial use if you are a volunteer or (b) your archival purposes, if you are a nonprofit or public service organization. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Content.
The Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the website and/or Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. The Terms and the relationship between you and www.myneighborinneed.org shall be governed by the laws of the State of Montana, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms, or your use of, the Services must be instituted exclusively in the federal or state courts located in Cascade County, Montana and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website, Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. This Agreement cannot be transferred or assigned by you without www.myneighborinneed.org's prior written consent. The terms of this Agreement can only be modified as set forth in Section 3 or upon www.myneighborinneed.org's written agreement.
The terms of Sections 5 through 21 as well as any other limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. Our (and our licensors') proprietary rights (including any and all Intellectual Property Rights) in and to Our Content and the Services shall survive the expiration or earlier termination of the Terms for any reason.