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UGIVE - TERMS OF SERVICE AND USE
UGIVE ("UGIVE," "we," or "us") provides the UGIVE site at URL: http://www.UGIVEcincinnati.org/ and through various other URLs in connection with our partner companies and organizations ("the Site") and the services offered on it, including but not limited to the UGIVE online volunteer matching service and other information related thereto (collectively, the "Services") to our users, whether they be nonprofit organizations, schools, volunteers, readers of our newsletters or other visitors to the Site ("you") under the following terms of service and use (the "Terms"). Please read the Terms carefully. You understand and agree that the Services are provided to you exclusively under these Terms. By using the Services, you are stating that you have read and understand the Terms and that you agree to be bound by them. We reserve the right to terminate your use or access to the Services at any time for any reason, including, without limitation, if we learn that you have provided false or misleading information or have violated the Terms.

1. YOUR RESPONSIBILITIES
You agree not to use the 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 agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. Without our 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 Site for any purpose; or (d) frame the Site, 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.

2. MODIFICATIONS TO TERMS
We may change the Terms from time to time. We will notify you of any such changes via e-mail and/or by posting the changes on the start-up screen. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain areas of the Services may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such areas conflict with these Terms, these Terms shall control.

3. MODIFICATIONS TO SERVICES
We reserve the right to modify or discontinue the 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 Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified.

4. PRIVACY
As part of the registration process, you will be asked to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which is hereby incorporated by reference. If you use the Site and/or the Services, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site and/or the Services.

5. THIRD PARTY CONTENT AND MONITORING
We are a distributor and publisher of content supplied by users of the Services and by other third parties. Accordingly, we have no editorial control over such content. Any services, offers, or other information or content expressed or made available by third parties, 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 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 account 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.

6. YOUR CONTENT; LICENSE; REPRESENTATION AND WARRANTY
You are solely responsible for content you provide to us to be published on our Site through our data entry forms ("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; and (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines. 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 and create derivative works from Your Content in any media now known or not currently known. The foregoing does not apply to content contained on hyperlinked pages or any other content you do not submit to us.

7. DEALINGS WITH PARTNERS AND ADVERTISERS
Your correspondence or ensuing relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors or other third parties found on or through the Services, including posting or acceptance of volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between you and such parties. YOU AGREE THAT UGIVE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES.

8. LINKS
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside Web sites 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.

9. TERMINATION
You agree that we, in our sole discretion, may terminate your use of the Services without prior notice, and remove and discard Your Content from the Site, 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 SERVICES. You may discontinue your participation in and access to the Services at any time.

10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UGIVE 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. UGIVE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES UGIVE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES 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. UGIVE MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. 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 UGIVE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

11. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL UGIVE 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 SITE 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 SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

12. 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.

13. INDEMNIFICATION
You agree to indemnify, defend and hold harmless UGIVE, its parents, subsidiaries, affiliates, officers, directors, co-branders and other partners (including third-party partners to whom UGIVE may provide Your Content ("Third Parties")), employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) Your Content and any information you (or anyone accessing the Services using your password) submit, post or transmit through the Services, (2) your (or access to the Services as your) use of the Services, (3) your (or access to the Services as your) violation of these Terms, (4) your (or anyone using your account's) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots, spyware or other similar harmful or deleterious programming routines input by you into the Services.

14. TRADEMARKS
Certain of the names, logos, and other materials displayed 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.

15. COPYRIGHTS; RESTRICTIONS ON USE
The content of the Services ("Our Content"), including without limitation, text, databases, software, code, music, sound, photos, and graphics, is (1) copyrighted by UGIVE 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 UGIVE or its licensors. Our 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 Our Content.

16. MISCELLANEOUS
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 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 UGIVE shall be governed by the laws of the State of Ohio, 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 Hamilton County, Ohio 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 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.

17. SURVIVAL
The terms of Sections 5 through 17 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.

18. VIOLATIONS
Please report any violations of the Terms to info@ugivecincinnati.org

Our Commitment To Privacy
Your privacy is important to us. Our ongoing commitment to the protection of your privacy is essential to maintaining the relationship of trust that exists between UGIVE and all of our users, whether they be nonprofit organizations, schools, volunteers, volunteers with a personalized account, readers of our newsletters or other visitors to the site. This notice of our privacy policy is intended to help you understand our online information security practices.

The Information We Collect
You may have accessed UGIVE directly by visiting our Web site, the home page of which is located at www.UGIVEcincinnati.org, or through the Web site of one of our third-party partners with whom we have teamed to provide volunteering services. This notice applies to all information you submit to UGIVE, whether through the UGIVE Web site or through the Web site of one of our Partners. Please note that we cannot be responsible for the information you submit directly to third parties, including our Partners, who may have their own posted policies regarding the collection and use of your information. We urge you to review the policies of our Partners through whom you may access our services.

How We Use Information
We use the Information we collect about you to facilitate the volunteering process and to provide information to you about UGIVE and related industry topics. We use return email addresses to answer the email we receive. We do not, however, sell, rent or trade our volunteer, administrator, nonprofit, school or general email addresses to outside parties.

Please be aware that, to the extent required to provide our services, we share your Information with volunteers, schools, nonprofit organizations, or our Partners, as applicable:

If you indicate to us that you are interested in a particular volunteer opportunity and provide us with your Information, we will forward your Information to the nonprofit organization that is hosting that opportunity so that the organization can contact you regarding your potential involvement, and, if the particular nonprofit organization (including a nonprofit organization that is a Partner) has a regional or national office or is closely affiliated with or a member of a related nonprofit organization (each, an “Affiliate”), then we may also share your Information with the applicable Affiliate.

To the extent that you have provided any Information to us through our Web site regarding volunteer opportunities associated with one of our Partners, we may share your Information with the applicable Partner. Each of our Partners has its own policies regarding the collection and use of personal information, and UGIVE is not responsible for their use of your Information. Furthermore, our Partners may collect additional information from you, independent of www.ugivecincinnati.org, in connection with the volunteer services.

We share your Information with your school so that your school volunteer coordinator may log the number of hours you have volunteered during a specified period of time (“Hours”). Your school has its own policies regarding the use of your Information, and UGIVE is not responsible for your school’s use of your Information. Furthermore, your school may collect additional information from you, independent of www.ugivecincinnati.org, in connection with the volunteer services.

§ For Nonprofit Organizations:

If you submit Information to us as a nonprofit organization, then, subject to the terms and conditions as a nonprofit member of UGIVE, your Information (excluding your EIN number) will be accessible by anyone who accesses UGIVE. In addition, we may share your Information, including your EIN number, with selected Partners in order to verify your organization’s identity and tax status.

Nonprofits who receive email addresses from potential volunteer signups are strongly encouraged to adopt privacy standards similar to those of UGIVE. Each such organization, however, has its own policies regarding collection and use of personal information and we are not responsible for their use of your Information. Inappropriate use of personal information received from UGIVE may jeopardize nonprofit membership with UGIVE. UGIVE reserves the right to determine, in its discretion, what constitutes inappropriate use of this information. For more about a nonprofit organization’s policy, please contact them directly using the contact information posted for that organization on our site.

Children’s Privacy
We welcome Volunteers of all ages to visit our site, including children under the age of thirteen. Due to our status as a non-profit organization, we are not required to comply with the Children’s Online Privacy Protection Act (COPPA). However, we strongly encourage our Volunteers aged thirteen and under to use our services only with parental consent.

Cookies
Cookies are tiny data files that Web sites commonly write to your hard drive when you visit them so that they can remember you when you visit. A cookie file contains information that can identify you anonymously and maintain your account’s privacy. Our site uses cookies to maintain a user’s identity between sessions so that the site can be personalized based on user preferences or a user’s history. You can set your Web browser to prompt you before you accept a cookie, accept cookies automatically or reject all cookies. However, if you choose not to accept cookies from this Web site, then you may not be able to access and use all or part of this Web site or benefit from the information and services which it offers.

Third-party Access and Use
Occasionally, we or our Partners hire third-party service providers to help provide or improve the services we offer you. Sometimes it is necessary for these providers to have access to the Information we collect about you. In those cases, we take reasonable steps to ensure that these providers do not use or otherwise disclose any Information we collect about you except for the purpose of fulfilling their service obligations to us and our Partners. We may share your Information with third-party service providers in connection with the following:

§ Some of our corporate partners will match your volunteer hours contribution with a donation. In such cases, we will hire third-party service providers to help calculate the corporate partner’s donation amount.

§ Our corporate partners may also hire third-party service providers to help coordinate volunteer events. We may share information with these third-party service providers in order to facilitate coordination of these events.

§ Information collected from nonprofit members may be shared with other websites in order to advertise volunteer events. We share aggregate information about our users with certain third parties. This information shows user activity as a whole rather than on an individual basis; such aggregate information cannot be used to individually identify you. We use aggregated information we collect about users to continue to improve our service for you.

In the unlikely event that UGIVE undergoes a sale or transfer of all or substantially all of its assets, the acquiring entity will be subject to this Privacy Policy in its use of your personally identifiable Information. In addition, in the further unlikely event that UGIVE is adjudicated bankrupt or insolvent (a) there will be no further use or disclosure of your personally identifiable Information by UGIVE and (b) your personally identifiable Information will be destroyed. In addition, there will be no use or disclosure of your personally identifiable Information by any entity that acquires assets of UGIVE pursuant to such bankruptcy or insolvency proceedings.

Your privacy is very important to us. Due to factors beyond our control, however, we cannot fully ensure that your Information will not be disclosed to third parties. For example, we may be legally obligated to disclose Information to the government or third parties under certain circumstances, or third parties may circumvent our security measures to unlawfully intercept or access your Personal Information.

Links
This site contains links to other sites. UGIVE is not responsible for the privacy practices or the content of such Web sites.

How You Can Review Or Correct Your Information
If you are a nonprofit member, school administrator or volunteer with an account you may review and make changes to all of your Information that we collect and maintain online by simply inputting your username and password where indicated on the Web site. If you are a volunteer with an account, once you login in, you may make any changes or correct factual errors in your account by changing the information on your login page. This option is available 24 hours a day to better safeguard your Information. You do not need to contact us to access your record or to make any changes. If you have problems changing your Information, please contact support@UGIVEcincinnati.org.

For Nonprofit Organizations and Schools:
If you are a nonprofit or school administrator, you may make any changes or correct factual errors in your administrator, organization and opportunity information 24 hours a day. We use this procedure to better safeguard your Information. You do not need to contact us to access your record or to make any changes. If you have problems changing your organization's Information, please contact support@UGIVEcincinnati.org

If you are a nonprofit member or volunteer with an account and would like to have your Information deleted from the site, you may do so by contacting support@UGIVEcincinnati.org

Your Ability to Opt-out of Newsletters & Communications
Subscriptions to UGIVE newsletters are optional and UGIVE allows nonprofit organizations, volunteers, subscribers or other users to unsubscribe from newsletters at any time. In each newsletter we provide instructions regarding how to opt-out from receiving future newsletter mailings. You can also email us at support@UGIVEcincinnati.org to remove your name from our newsletter subscription data base and ensure that you will cease receiving future newsletters from us.

We reserve the right to send you certain communications relating to the UGIVE service, such as the occasional service and product announcement or administrative message, that are considered part of your UGIVE account without offering you the opportunity to opt out of receiving them.

Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of Information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the Information we collect online.

Changes to Policy
UGIVE may change this privacy policy from time to time. UGIVE will notify you of any such changes by posting notice of the changes on the UGIVE start-up screen. If you object to any such changes, your sole recourse shall be to cease using the UGIVE Web site. Continued use of the UGIVE Web site following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

How To Contact Us
We appreciate your questions or comments about this privacy statement, the practices of this site, or your dealings with UGIVE. Please send email to support@UGIVEcincinnati.org or you can send snail mail to 9380 Montgomery Road, Suite 207, Cincinnati, OH 45242.

Effective Date: May 1, 2008