1. JRAID ACCOUNT
Registering. Depending on what Services you desire to receive, you may need to register and become a JRAid member. You will find registration instructions on the JRAid Website.
Eligibility. By registering as a JRAid member, you represent that: (a) all required registration information and any other information you submit to JRAid is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the JRAid Website and the Services associated with the JRAid Website does not violate any applicable law or regulation. All information that you provide to us will be true, accurate and current. Your member profile may be deleted without warning if we have reason to believe that you do not meet eligibility requirements.
Username and Password. When you sign up to become a JRAid member through the JRAid Website, you will also be asked to choose a username and password for your JRAid profile. You are entirely responsible for maintaining the confidentiality of your password and all use of your JRAid username, password, and profile. You agree not to use the JRAid profile, username, or password of another JRAid member at any time unless expressly authorized by such JRAid member. You agree to notify us immediately if you suspect any unauthorized use of your JRAid profile or access to your password.
Form Documents: Depending on the Services for which you sign up, you or your parent or legal guardian will be required to complete one or more form documents that will be provided on the JRAid Website or will be sent to you or your parent or legal guardian via e-mail. Such forms might include, but are not limited to, an Individual Waiver and Release form and/or an Individual Background Check form.
Volunteer Opportunities and Minors: Users of the JRAid website who are under the age of 18 must provide JRAid with the e-mail address of a parent or legal guardian. JRAid will use the e-mail address of a parent or legal guardian to send an Individual Waiver form to be signed by the parent or legal guardian and returned to JRAid. It is JRAid policy that no individual or individuals under the age of 16 be allowed to take part in a volunteer opportunity unless a parent or legal guardian is accompanying such individual or individuals.
JRAid will provide you the Services chosen by you substantially as described on the JRAid Website. The JRAid Website and the Services are made available for your personal, internal, non-commercial use. You may not frame the JRAid Website, or make available, or facilitate distribution of any of the content on the website through any means or medium. You may link to the JRAid Website from other websites if you obtain JRAid's prior consent. Please send an e-mail to support@JRAid.org to get more information about linking to the JRAid Website.
2. YOUR RESPONSIBILITIES
You must not use the JRAid 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 JRAid Website, or disobey any requirements, procedures, policies or regulations of networks connected to the JRAid Website.
Neither the JRAid Website, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use the JRAid Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the JRAid Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
JRAID NEITHER WARRANTS NOR REPRESENTS THAT USE OF CONTENT DISPLAYED ON THE JRAID WEBSITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH JRAID.
You must not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the JRAid Website. 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 monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the JRAid Website for any purpose; or (d) frame the JRAid Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
4. MODIFICATIONS TO SERVICES
We reserve the right to modify or discontinue the JRAid 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 JRAid Website or Services. If you object to any such changes, your sole and exclusive remedy shall be to terminate your membership through the JRAid Website or by sending an e-mail to support@JRAid.org. Continued use of the JRAid Website or Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the JRAid Website or Services as so modified.
6. THIRD PARTY CONTENT AND MONITORING
7. 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 for publication through or to the JRAid Website or in connection with the Services ("Your Content").
However, we reserve the right not to make available on the JRAid Website or 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.
With regard to any photos submitted by you through or to the JRAid Website, you represent and warrant that that on behalf of yourself and on behalf of any minor child that appears in the photo, and of whom you are legal guardian or parent, you grant JRAid a royalty-free, world-wide, perpetual, non-exclusive license to display, distribute, edit, reproduce, and create derivative works of such photo, in whole or in part, in any media now existing or subsequently developed, for any educational, promotional, publicity, exhibition, and all other standard JRAid purposes. You understand that all photos submitted through or to the JRAid Website shall become the exclusive property of JRAid and will not be returned. You further understand that photos may be made available to the public, including but not limited to posting on the JRAid Website. Whether or not any photo is published on the JRAid Website, JRAid does not guarantee any confidentiality with respect to any photo submitted through or to the JRAid Website.
You further represent and warrant that you have obtained valid consent from all other people appearing in the submitted photo, including the appropriate consent required for any other minor appearing in the submitted photo, and pursuant to such consents, all others appearing in the submitted photo grant to JRAid the same royalty-free, world-wide, perpetual, non-exclusive license described in the prior paragraph. JRAid will not be required to pay any additional consideration or seek any additional approval in connection with such uses.
You represent and warrant that you have obtained written permission to reproduce and use all copyrighted, trademarked or branded material, including images and text featured in any photos submitted through the JRAWebsite.
You acknowledge and agree that JRAid 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 JRAid Website to view, such as photos, feedback and/or comments. 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 JRAid Website in a way that constitutes copyright infringement, please provide us 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 JRAid Website or Services; (iv) your address, telephone number, and e-mail 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. Please e-mail support@JRAid.org for notice of claims of copyright infringement.
8. INTELLECTUAL PROPERTY
Unless otherwise indicated, the JRAid Website and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the JRAid Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of JRAid or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
You acknowledge that JRAid owns all right, title and interest in and to all of the information on the JRAid Website, and all underlying software 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.
TRADEMARKS. Certain of the names, logos, and other materials displayed in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of JRAid, 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 JRAid Website, other than Third Party Content, including without limitation, text, databases, software, code, music, sound, photos, and graphics ("Our Content"), is (1) copyrighted by JRAid 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 JRAid 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. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.
9. RESPONSIBILITY FOR DEALINGS WITH THIRD PARTIES AND RELEASE
IF YOU ARE USING THE SERVICES TO REGISTER FOR VOLUNTEER OPPORTUNITIES, YOUR CORRESPONDENCE OR ENSUING RELATIONSHIP WITH ANY THIRD PARTIES ARE SOLELY BETWEEN YOU AND THE THIRD PARTY YOU CHOOSE TO DEAL WITH. YOU AGREE THAT JRAAGREE THAT JRAID WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH RELATIONSHIP OR DEALINGS, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST JRAID ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH ANY INDIVIDUAL OR GROUP FOR WHICH YOU HAVE BEEN INTRODUCED TO BY JRAID, OR THROUGH YOUR USE OF THE JRAID WEBSITE.
If you are using the JRAID Website in connection with finding volunteers, your correspondence or ensuing relationship with any volunteers are solely between you and SUCH VOLUNTEER OR VolunteerS. YOU AGREE THAT JRAID WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH RELATIONSHIP OR DEALINGS AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST JRAID ARISING FROM OR RELATED TO YOUR RELATIONSHIP OR DEALINGS WITH ANY VOLUNTEER.
RELEASE. YOU HEREBY RELEASE JRAID, OUR OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS FROM CLAIMS, DEMANDS, ANY AND ALL LOSSES, DAMAGES, RIGHTS, 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 OR RELATIONSHIPS WITH OTHER JRAID USERS, OR (II) YOUR PARTICIPATION IN ANY OFFLINE EVENTS OR ACTIVITIES ARISING FROM OR RELATED TO YOUR USE OF THE JRAID WEBSITE OR THE SERVICES.
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."
The JRAid Website may contain links and/or advertisements to other websites maintained by JRAid in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-JRAid website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through the JRAid Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave the JRAid Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE JRAID WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JRAID 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 JRAID WEBSITE AND THE SERVICES AND ANY WEBSITE TO WHICH THE JRAID WEBSITE IS LINKED. JRAID MAKES NO WARRANTY THAT THE SERVICES OR THE JRAID WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE JRAID WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES JRAID MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE JRAID WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THE JRAID WEBSITE, OR THAT DEFECTS IN THE SERVICES OR THE JRAID 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 THE JRAID 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.
JRAID MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES OR THE JRAID WEBSITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE JRAID WEBSITE OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JRAID OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
13. LIMITATION OF LIABILITY; RELEASE
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL JRAID 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 JRAID 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 JRAID WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE JRAID WEBSITE. THE AGGREGATE LIABILITY OF JRAid TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE JRAID WEBSITE OR THE SERVICES IS LIMITED TO ONE-HUNDRED DOLLARS ($100).
14. 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.