Welcome to our website and mobile application. The Change Society, Inc. (“TCS”) is a non-profit corporation organized and formed under the laws of the State of Arizona and owns and operates the website and mobile site with the URL: www.thechangesocietyaz.org. It is our privilege to provide you with a site and mobile application to connect you with life changing experiential volunteer opportunities.
TERMS AND CONDITIONS OF USE
You may access areas of the TCS Site and App that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.
By registering on the TCS Site and App, you agree that:
- Your account and password are personal to you and may not be used by anyone else to access the TCS Site;
- You will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the TCS Site or App; and
- You will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.
- You agree to notify us immediately if you become aware any unauthorized use of your password or account identifiers by others.
TERMINATION OF REGISTRATION
If you no longer wish to have a registered account, you may terminate your account by sending an email to firstname.lastname@example.org . If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Services. Continued use of the Services indicates your continued acceptance of these terms and conditions.
If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the Services immediately and without prior notice. We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.
COMPLIANCE AND DISCLOSURE
TCS reserves the right to contact you in connection with our or your compliance with, and the performance of, these Terms or any activities related to our Services. By accessing our website or application, using of our Services, you acknowledge and agree that TCS may keep record of activities or content in connection with the Services. TCS may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: Comply with the law or legal process; Enforce these Terms of Service; Respond to claims that the activities in connection with the Services that violate the rights of third parties; or To protect the rights, property, or personal safety of TCS, Service users, or the public.
NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES
For advertisement opportunities on our Site or App, please e-mail email@example.com.
MODIFICATION OF TERMS
USE OF SERVICES
This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be copied or used. By accessing, registering for or using the Services, you agree to be bound by the following rules:
TCS Code of Conduct
TCS provides users with a virtual platform for many activities, including, but not limited to, ability to connect to TCS database, search database for volunteer opportunities, search events and programs hosted by TCS, receive updates and news regarding TCS, donation to TCS, purchase TCS merchandise, pay for special events hosted by TCS, upload or post digital content (“User Posts”) to the Site or App from TCS events.
By using TCS and participating in the TCS Services, you agree that your User Posts will not contain anything that is or could appear to be:
- Threatening, bullying, harmful, stalking another user, harassing, hateful;
- Racially, ethnically, or otherwise objectionable;
- Offensive language;
- Untrue, misleading, libelous, invasive to another person’s privacy or protected data;
- Pornographic, sexually explicit, unlawful or plagiarized;
- Infringing or allegedly infringing on a third party’s intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights;
- Anything that you do not have the legal right to transfer;
- Anything that you are legally bound not to disclose under contractual or fiduciary relationships including, but not limited to, inside information or proprietary and confidential business information;
- Unsolicited, undisclosed, or unauthorized advertising;
- Software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment;
- Data or information obtained by the unauthorized access of another’s computer or account with which such a posting or submission would constitute unauthorized use; and
- Any other post or submission that violates applicable local, state, national or international law, regulation or statute (including export laws).
- TCS takes conduct and use violations very seriously. If you use the Services in a prohibited way listed above, or if you use the Services in a way that TCS deems to be unacceptable, it will result in immediate account suspension or cancellation and the possibility that TCS will pursue civil remedies without providing advance notice.
Responsibility for User Posts
Any User Posts that are either posted publicly or privately on the TCS Services is the sole responsibility of the user who posted it. Your access to the TCS Services and User Posts is AT YOUR OWN RISK. TCS cannot be held responsible for any damage resulting from errors or omission in User Posts or User Data or any damage that is suffered as a result.
User Content Liability
When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorized by, the owner of any part of the content to submit it to the Services (this includes pictures, advertisements, event information , etc.) You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, to publish or transmit, and to authorize third-parties to use, publish or transmit your content in any format and on any platform, either now known. You acknowledge and agree that when you post content on the Site or App, you are doing so at your own discretion and risk.
TCS reserves the right to cut, crop, edit or refuse to publish, your content at our sole discretion. We may remove your content from use at any time.
User Post Content Disclaimer
TCS may contain User Posts or links to content that direct you to websites you find inappropriate or offensive. You acknowledge and agree that when you post content on the Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of TCS, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Site or App. TCS has no way to control nor does it have a duty to take any action with regard to how you interpret or use content on TCS Services. You are solely responsible for how you view and interpret User Posts on the TCS Services.
User Identity Disclaimer
TCS cannot guarantee the identity of any users with whom you interact on our Services. TCS also cannot guarantee which users gain access to the Services. Your use of the TCS service is AS IS and AT YOUR OWN RISK.
MONITORING USER POSTS
TCS expressly disclaims any and all liability in connection with User Posts. BY USING OUR SERVICES YOU UNDERSTAND AND AGREE THAT TCS RESERVES THE RIGHT, BUT DOES NOT ASSUME RESPONSIBILITY, TO MONITOR USER POSTS ON OUR SERVICES. ALL CONTENT ON THIS WEBSITE IS PRESENTED TO YOU “AS IS” AND “AT YOUR OWN RISK.”
TCS reserves the right to modify or remove User Posts in its sole discretion and without prior notice. TCS also reserves the right to terminate a user’s account and access to Services at any time in its sole discretion and without prior notice.
TCS respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:
- decompile, disassemble, or electronically transfer our Services to third parties;
- modify our Services in any way;
- reverse engineer, or permit others to reverse engineer, our Services;
- copy the user manuals, help features, user forums and other documentation associated with our Services;
- rent, lend, publicly perform, present, broadcast or distribute our Services;
- make derivative works of our Services;
- translate our Services into another computer language;
- use our Services on a device that you do not own or control;
- permit multiple users to share a single user name to our Services; or
- copy, modify, transfer, or use our Services in a way that is not specifically mentioned by us in this Terms of Service.
Harmful or Illegal Use
By using the Services, you agree to respect TCS and fellow Service users. To the extent permitted by applicable law, you are NOT ALLOWED to:
- permit multiple users to share a single user name to our Services;
- undergo excessive use of CPU time, bandwidth, network capacity, disk IO, or storage space;
- use our network to send unsolicited bulk electronic mail messages (“Spam”);
- use “warez,” including pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.;
- use or launch any automated system on our network, including (without limitation) “robots” or “spiders.”
- use BitTorrents or related technology on our servers;
- use a false email return address to confuse other users;
- attempt to access other networks or accounts that do not belong to you on our network;
- undergo any act that interferes with the Services of another user or network;
- circumvent security measures on the network or our Services;
- engage in illegal activities or engage in activities harmful to the operations of TCS, our Services or other customers and users;
- use the network or Services to collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, User Posts or other User Data;
- engage in terroristic activities;
- send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights; or
- provide false data on any of the Services.
INTELLECTUAL PROPERTY RIGHTS
The content provided in the Services, is owned by or is licensed to TCS. This includes, but is not limited to the text, graphics, photos and interactive features created by and for TCS (collectively, “TCS Content”). This also includes trademarks, service marks, and logos contained in our Services (“TCS Marks”), subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. By registering for our Services, you are not granted a right or license to the TCS Content or Marks.
The TCS Content and Marks displayed on our Services are provided to you AS IS, for your information, and personal use only. TCS Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of TCS Content obtained through the Services for any commercial purpose.
If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide TCS’s Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the allegedly infringing material is located on the TCS Services, with enough detail that we are able to find it on the Services;
- Your Address, Telephone Number, and Email Address where you may be reached;
- A statement by you that you have a good faith belief that the use of the material is not authorized by copyright or intellectual property owner, it’s agent, or the law;
- A statement made by you, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or that you are authorized to act on their behalf;
TCS does not own any data, information, or material that you submit to the Services (“User Data”). You, not TCS, are fully responsible for the quality, integrity, legality, accuracy, intellectual property ownership, reliability, appropriateness, or the right to use all of the User Data. TCS cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Data.
If your information changes, it is your responsibility to update your account to reflect these changes. If TCS feels that your account information is not complete, current, or accurate, or that your account violates these Terms of Service, TCS may suspend or terminate your account.
TERM AND TERMINATION
Termination or Cancellation by TCS
TCS reserves the right, at its sole discretion, to terminate your password, account, or use of the Services and may withhold, remove and/or delete User Data without notice if you materially breach this Agreement. A material breach of this Agreement includes, but is not limited to, your failure to abide by these Terms and Conditions.
If TCS suspends or cancels your account, your right to use the Services will stop immediately. Once your account is cancelled and deleted, you will not have access to any User Data that you contributed on our Services.
REPRESENTATIONS AND WARRANTIES
TCS’s Representations and Warranties
TCS represents and warrants that in performing the Services provided in this Agreement that:
- It has the authority and is legally able to form a binding contract with you;
- It will, at a minimum, conform to generally accepted industry standards and practices;
- It will be qualified by education and experience to perform the duties required in this Agreement; and
- It is sufficiently staffed and equipped to fulfill its obligations under this Agreement.
YOUR REPRESENTATIONS AND WARRANTIES
By registering for and using our Services:
- You represent and you warrant that you are legally able to form a binding contract with TCS, and you are not barred from receiving Services under the laws of the United States or other jurisdictions.
- You agree to provide current and accurate identification, contact, and other information as part of the registration process for access to our Services.
- You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity.
- You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account.
- You agree to immediately notify TCS of any unauthorized use of your account or any other breach of security. TCS will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
- You understand that all User Posts and User Data are the sole responsibility of the account owner from which the User Post or User Data originated. TCS does not claim ownership to or responsibility for, any User Post or User Data.
- TCS reserves the right, but does not assume the responsibility, to monitor or review any activity on TCS’s Services. You agree that you are responsible for the conduct of your account and any User Data that is created, transmitted, stored, or displayed by, from, or within your account while using the Services. You will be held responsible for any consequences, legal or otherwise, that arise from your use of the Services.
- You agree that you will not engage in any activity that interferes with or disrupts TCS services or servers or networks connected to TCS services.
- You represent and you warrant that you will not use TCS Services in any way considered “prohibited” (please read the “Use of Services” section above for more information). These actions are subject to the strict regulation of TCS and are grounds for suspension or termination of your account.
By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless TCS, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:
- Any claim due to or arising out of your violation of the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Service;
- Your use of and/or access (or any use or access by a third party on your account) to the websites or Services;
- Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
- The unavailability of websites or Services.
In the event that a claim, suit, or action (“Suit”) is brought against you, we will provide notice of this Suit to your contact information we have on file.
LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TCS, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE TCS SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TCS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO TCS SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO TCS DURING THE PRIOR THREE MONTHS IN QUESTION.
THE TCS SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TCS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TCS SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. TCS DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF TCS SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A TCS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
EXCLUSIONS AND LIMITATION
Some states and jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there will not be third party beneficiaries to the Terms of Service
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and TCS by this Agreement.
You agree that TCS may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on TCS Services.
Choice of Law and Forum
The Terms of Service and the relationship between you and TCS are governed by the laws of the state of Arizona. You and TCS agree to submit to the personal and exclusive jurisdiction of the courts located within Phoenix, Arizona.
Location and Data Transfers
Our Services and the servers that make the TCS website available may not be located in the country where you live and are governed by U.S. Law. By using the TCS services, you agree to the transfer, collection, processing and use of data by TCS.
TCS may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. TCS may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If TCS does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by TCS in writing.
Statute of Limitations
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 TCS Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
QUESTIONS OR ADDITONAL INFORMATION