VolunteerMatch Terms of Service & Use: Effective until October 6th, 2025
Last Update: September 20, 2023
Impact Online, Inc. DBA VolunteerMatch (“VolunteerMatch,” “we,” or “us”) provides the VolunteerMatch site available at http://www.volunteermatch.org/ (“Site”). These VolunteerMatch Terms of Service and Use (the “Terms”) describe the terms and conditions that apply to your use of the Site and the services offered by VolunteerMatch through use of the Site, including but not limited to the VolunteerMatch online volunteer matching service, the Syndication Services (as defined in Section 4 below), and other information and services related thereto (the Site and all such services are, collectively, the “Services”). “You” means the individual person entering into these Terms on his or her own behalf; or, if these Terms are being entered into on behalf of an entity, such as an employer, “you” means the entity on whose behalf of which these Terms are entered, and in the latter case, the person entering these Terms represents and warrants that he or she has the authority to do so on your behalf.
Please read the Terms carefully. By visiting, using, or accessing any Services, accepting these Terms by clicking on the “I Accept” button, or completing the Account registration process, you represent and warrant that (a) you have read, understand, and agree to be bound these Terms, (b) you are of legal age to form a binding contract with VolunteerMatch, (c) you are not barred from using the Services under the laws of the United States, your place of residence, or any other applicable jurisdiction, and (d) you have the authority to enter into these Terms. If you do not agree with these Terms, you may not use the Services and you should leave the Site and discontinue use of the Services immediately. If you wish to register as a VolunteerMatch Member (as defined in Section 1.1 below) to make use of the Services reserved for members, you must read these Terms and indicate your acceptance during the registration process. Note, however, that these Terms apply to your access to and use of the Services regardless of whether you register an Account (as defined in Section 1.1 below) as a VolunteerMatch Member. 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.
SECTION 13 CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND VOLUNTEERMATCH. AMONG OTHER THINGS, SECTION 13 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 13 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 13 CAREFULLY.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 13) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 13.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
If you are an Organization (as defined in Section 1.1 below) who has subscribed to the Services for an Organization Subscription (as defined in Section 3 below), these Terms will be automatically renewed for additional periods of the same duration as your first Organization Subscription at VolunteerMatch’s then-current Organization Subscription Fee (as defined in Section 3.1 below) for such Services unless you cancel your Organization Subscription in accordance with Section 3.5 below.
1. VOLUNTEERMATCH ACCOUNTS
1.1. Registering. Depending on what Services you desire to receive, you may need to register for an account on the Service (“Account”) and thereby become a VolunteerMatch member (“VolunteerMatch Member”). You will find registration instructions on the Site. You may be able to create an Account profile through which you may be eligible to (a) to search for and be matched with volunteering opportunities through the Services (as a “Volunteer”); or (b) to create, post, and share opportunities (each, a “Volunteer Opportunity”) to volunteer for your nonprofit or public service organization (“Organization”) through the Services.
1.2. Eligibility. By registering as a VolunteerMatch Member, you represent that: (a) all registration information you submit is truthful, accurate, current, and complete; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. VolunteerMatch has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) if you (i) are not of legal age to form a binding contract with VolunteerMatch; (ii) provide any information that is untrue, inaccurate, incomplete, or not current (or if VolunteerMatch has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete, or not current); (iii) create an Account using a false identity or information, or on behalf of someone other than yourself; and/or (iv) do not meet VolunteerMatch’s eligibility requirements. If you are registering on behalf of an Organization, you may be required to provide additional information about your Organization and its mission, including but not limited to your Organization’s website which includes a mission statement, a description of your Organization’s impact, a description of the impact that Volunteers can make by volunteering for your Organization, and any additional documentation which VolunteerMatch may request from you from time to time. If you are registering as an Organization, in addition to the representations above, you additionally represent (1) your Organization is in compliance with the Fair Labor Standards Act and all other applicable laws and regulations; (2) all Volunteer Opportunities you post through or using the Services are safe, legal, and in service of your Organization’s stated mission; (3) in the event your Organization posts any Volunteer Opportunities which are related to fundraisers hosted in partnership with for-profit enterprises (each, a “Business Partner”), your Organization has an active and binding agreement with such Business Partner(s) with respect to the applicable fundraisers; (4) your Organization will not request monetary donations from Volunteers who fail to appear for a Volunteer Opportunity for which they have registered; and (5) your Organization will not abuse the Services by spamming (including, but not limited to, posting the same Volunteer Opportunity multiple times or in different locations or repeatedly emailing Volunteers).
1.3. Account Responsibilities. If you sign up to become a VolunteerMatch Member, you will also be asked to provide an email address and choose a password for your Account. You are solely responsible for maintaining the confidentiality of your password and all use of your email address, password, and Account. Without limiting the foregoing, you are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify us immediately if you suspect any unauthorized use of your Account. You acknowledge and agree that you have no ownership or other property interest in your Account. You shall not have more than one Account at any given time, (although you may have multiple profiles within your Account).
1.4. Supplemental Terms. Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will either be set forth in the applicable supplemental Services or will be presented to you for your acceptance when you sign up to use the supplemental Services. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Services.
2. INTERACTIONS WITH OTHER MEMBERS
2.1. Member Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that VolunteerMatch reserves the right, but has no obligation, to intercede in any disputes between you and any other users of the Services. You agree that VolunteerMatch is not responsible for any liability relating to your interactions with other users of the Services.
Without limiting the foregoing, if you are using the Services as a Volunteer, your correspondence and/or ensuing relationship with the applicable Organization and any other volunteers, partners, advertisers, sponsors or other third parties found on or through the Services, including responding to, accepting, or completing Volunteer Opportunities, and any other terms or conditions associated with such dealings, are solely between you and the Organization you choose to deal with. You agree that if you register for a Volunteer Opportunity, you will use your best efforts to complete the volunteering duties for which you have registered. YOU AGREE THAT VOLUNTEERMATCH 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 SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST VOLUNTEERMATCH ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A VOLUNTEER ORGANIZATION.
Without limiting anything herein, if you are using the Services as an Organization, your correspondence or ensuing relationship with the Volunteers or other individuals or entities found on or through the Services, including through posting, searching for, and distributing Volunteer Opportunities, and any other terms or conditions associated with such dealings, are solely between you and the applicable Volunteer. YOU AGREE THAT VOLUNTEERMATCH 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 SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST VOLUNTEERMATCH ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A VOLUNTEER.
2.2. Content Provided by Other Members. The Services may contain Member Content (as defined in Section 7.1 below) provided by other users of the Services. VolunteerMatch is not responsible for and does not control Member Content. VolunteerMatch does not approve or endorse, or make any representations or warranties with respect to, Member Content. You use all Member Content and interact with other users of the Services at your own risk.
2.3. Community Guidelines. You shall not (and shall not permit any third party to) use the Services to: (a) bully or harass anyone or organize, promote, or participate in harassment; (b) organize, promote, or participate in hate speech or hateful conduct, including but not limited to attacking a person or a community based on attributes such as their race, ethnicity, caste, national origin, sex, gender identity, gender presentation, sexual orientation, religious affiliation, age, illness, disabilities, or other protected classifications; (c) use foul language or profanity, or share any content which uses foul language or profanity; (d) make threats of violence or threaten to harm others, including but not limited to making indirect or suggestive threats; (e) organize, promote, or support violent extremism; (f) organize, promote, encourage, discuss or engage in any illegal or dangerous behavior, such as sexual solicitation, human trafficking, and selling or facilitating the sale of prohibited or potentially dangerous goods (firearms, ammunition, drugs, and controlled substances); (g) post or share any content that contains nudity or that is sexually explicit or suggestive; (h) share content that violates anyone’s intellectual property, right of publicity, right of privacy, or other rights; (i) share content or information that constitutes unsolicited advertising or junk; (j) engage in activities intended to cause damage or gain unauthorized access to another user’s account, network, or system; or (k) use the Services to spam, manipulate engagement, or disrupt other people’s experience, including trying to influence or disrupt conversations using bots, fake accounts, multiple accounts, or other automation.
2.4. Release. You hereby release VolunteerMatch, our officers, employees, agents and successors from claims, demands, and 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 (a) any interactions with other VolunteerMatch users (including in connection with Volunteer Opportunities); and/or (b) your hosting of or participation in any Volunteer Opportunities or activities arising from or related to your use of 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 THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
3. ORGANIZATION FEES. This Section 3 applies to you and your use of the Services if you are an Organization who has subscribed for a paid subscription which allows you to create, post, and share Volunteer Opportunities through the Services (an “Organization Subscription”).
3.1. Organization Subscription Fees. You will be responsible for payment of the applicable fees for any Organization Subscription to which you have subscribed (each, a “Organization Subscription Fee”) at the time you create your Account and select your desired Services and payment package (the “Service Commencement Date”). Except as expressly set forth in these Terms, all Organization Subscription Fees are non-refundable.
3.2. Payment. You agree to pay all Organization Subscription Fees and other applicable charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable (collectively, the “Fees”) as described within the Services or otherwise provided by VolunteerMatch. You must provide VolunteerMatch with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (each, a “Payment Provider”) as a condition to signing up for an Organization Subscription. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing VolunteerMatch with your credit card number or PayPal account and associated payment information, you agree that VolunteerMatch is authorized to immediately invoice your Account for all Organization Subscription Fees as they become due and payable and that no additional notice or consent is required. You agree to immediately notify VolunteerMatch of any change in your billing address or the credit card or PayPal account used for payment hereunder. VolunteerMatch reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by email delivery to you.
3.3. Taxes. The Fees do not include any Sales Tax (defined below) that may be due in connection with the Services. If VolunteerMatch has a legal obligation to collect Sales Tax from you, VolunteerMatch shall collect such Sales Tax in addition to the Fees. If any services, or payments for any services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to VolunteerMatch, you shall be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you shall indemnify VolunteerMatch for any liability or expense VolunteerMatch may incur in connection with such Sales Taxes. Upon VolunteerMatch’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
3.4. Withholding Taxes. You agree to make all payments of Organization Subscription Fees to VolunteerMatch free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to VolunteerMatch will be your sole responsibility, and you will provide VolunteerMatch with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
3.5. Automatic Renewal. Your Organization Subscription will continue indefinitely until terminated in accordance with these Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at VolunteerMatch’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your Organization Subscription at least thirty (30) days prior to the Renewal Commencement Date. If you do not wish your Organization Subscription to renew automatically, or if you want to change or terminate your Organization Subscription, please login to your account at VolunteerMatch.org and select ‘Order History.’ If you don’t have access to your Organization’s account contact us at the VolunteerMatch Help Desk for further assistance. If you cancel your Organization Subscription, you may use your Organization Subscription until the end of your then-current Organization Subscription term; your Organization Subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Organization Subscription Fees paid for the then-current Organization Subscription period. By subscribing, you authorize VolunteerMatch to charge your Payment Provider now, and again at the beginning of any subsequent Organization Subscription period. Upon renewal of your Organization Subscription, if VolunteerMatch does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that VolunteerMatch may either terminate or suspend your Organization Subscription (at our sole discretion) and continue to attempt to charge your Payment Provider until payment is received. Upon receipt of payment, your Organization Subscription will be activated, and, for purposes of automatic renewal, your new Organization Subscription commitment period will begin as of the day payment was received.
3.6. Free Trials and Other Promotions. Any free trial or other promotion that provides Organization Subscription-level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of that Service is prohibited unless you pay the applicable Organization Subscription Fee. If you are inadvertently charged for an Organization Subscription, please contact VolunteerMatch to have the charges reversed.
4. SYNDICATION SERVICES
Some of the features offered to Organizations via the Services involve the distribution or syndication of Volunteer Opportunities and related Content (as defined in Section 7.1 below) via downloadable widgets (including without limitation the “Site Syndication” or “Search Lite” widget), APIs, client applications, RSS, or other technologies (collectively, the “Syndication Services”). Subject to your compliance with these Terms, including payment of any applicable Organization Subscription Fees, VolunteerMatch grants you a non-exclusive, non-transferable, revocable, limited, non-sublicensable license to (a) access and use the Syndication Services, (b) download and install any software provided by VolunteerMatch to you that is required to use the Syndication Services as provided by your election through the Services (“Code”), and (c) view the Content that VolunteerMatch delivers to you via the Syndication Services, in each of the foregoing cases, solely for your personal, internal, non-commercial use as provided by these Terms.
5. 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 and cancel your Account pursuant to Section 9.3. 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. You further understand that the Syndication Services are evolving. As a result, VolunteerMatch may require you to accept updates to the Code that you have installed on your computer system. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
6. PRIVACY
The collection, use, and disclosure of your personal information is described in our Privacy Policy (above).
7. CONTENT AVAILABLE THROUGH THE SERVICES
7.1. Responsibility for Content. You acknowledge that any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Services (collectively, “Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not VolunteerMatch, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available (“Make Available”) through the Services (collectively, “Your Content”), and that other users of the Services, and not VolunteerMatch, are similarly responsible for all Content that they Make Available through the Services (“Member Content”), including any services, offers, or other information expressed or made available by users of the Services as part of such Member Content. VolunteerMatch is an only a distributor of Member Content. We neither endorse nor are responsible for the accuracy or reliability of any Member 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 Member 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 any other lawful purpose. You understand and acknowledge that we do not monitor Member Content for accuracy or reliability.
7.2 License to Your Content and Username. 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 for the purposes of providing and maintaining the Services, including by making the Services available to other users and the general public. VolunteerMatch does not claim ownership of Your Content, and you retain any rights that you have in Your Content. However, when you Make Available any Content on or to the Services, you represent and warrant that you own and/or have sufficient rights to Your Content to grant the license set forth in this section. By submitting Your Content to any forums, comments, or any other area on the Services, you hereby expressly permit VolunteerMatch to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
7.2 Feedback. If you provide VolunteerMatch with any feedback or suggestions regarding the Services (“Feedback”), you hereby grant VolunteerMatch an unlimited, worldwide, royalty-free, transferable, sublicensable, and irrevocable license to use, distribute, creative derivative works of, and otherwise exploit such Feedback in any manner.
7.4. Storage. VolunteerMatch has no obligation to store any of Your Content. VolunteerMatch has no responsibility or liability for: the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service.
7.5. Investigations and Monitoring. VolunteerMatch may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Services and/or Content, including Your Content and all Member Content, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat or text communications.
Without limiting the foregoing, VolunteerMatch reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for VolunteerMatch; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Services or if VolunteerMatch otherwise believes that criminal activity has occurred; and/or (e) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. Upon determination of any possible violations by you of any provision of these Terms, VolunteerMatch, may, at its sole discretion immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
Without limiting any of the foregoing, if you are an Organization using the Services, you hereby acknowledge and agree that VolunteerMatch reserves the right to investigate any complaints about the safety, legality, or validity of Volunteer Opportunities you publish using the Services. VolunteerMatch reserves the right to suspend, cancel, or remove any Volunteer Opportunities which it believes may violate these Terms in any way. Additionally, VolunteerMatch reserves the right to suspend, block, or delist any Organizations regarding which it has received complaints.
If VolunteerMatch believes that criminal activity has occurred, VolunteerMatch reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Service, including Your Content, in VolunteerMatch’s possession in connection with your use of the Service, to (1) comply with applicable laws, legal process or governmental request, (2) enforce this Agreement, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property, or personal safety of VolunteerMatch, its users or the public, and all enforcement or other government officials, as VolunteerMatch in its sole discretion believes to be necessary or appropriate.
7.6. Procedure for Making Claims of Intellectual Property Right Infringement. It is VolunteerMatch’s policy to terminate access privileges (including, but not limited to, the Account) of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to VolunteerMatch by the respective intellectual property owner or their legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes intellectual property rights infringement, please provide our designated intellectual property agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (b) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (c) a description of the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf. Contact information for VolunteerMatch’s designated agent for notice of claims of infringement is as follows: Copyright Agent, VolunteerMatch, 5424 Sunol Blvd, Suite 10 PMB 1164 Pleasanton, CA 94566-7705 USA; Facsimile: +1 (510) 227-2787; Attn: Copyright Agent; and by contacting us at the VolunteerMatch Help Desk.
7.7. Third-Party Services and Links. You acknowledge and agree that by using the Services, which include maps provided by Google, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy). We may also provide links to other third-party websites, applications, or advertisements. 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 sites or their content. We encourage you to review the terms of use and privacy policies for any such third-party links you visit on the Services. 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.
8. INTELLECTUAL PROPERTY
8.1. VolunteerMatch IP. You acknowledge that VolunteerMatch and its suppliers own all right, title and interest in and to the Services, including without limitation, the Site, the Syndication Services, the Code, any Content available through or on any of the foregoing (excluding Your Content and Member Content), and all underlying software and technology, including without limitation all Intellectual Property Rights. The provision of the Services does not transfer to you or any third party any rights, title, or interest in or to such Intellectual Property Rights. VolunteerMatch and its suppliers reserve all rights not granted in these Terms. “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.
8.2. Certain Restrictions. Access to the Services is made available for your personal, internal, non-commercial use. As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms or by applicable law. You shall not (and shall not permit any third party to): (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services; (b) frame or utilize framing techniques to enclose any trademark or logo located on the Services or any other portion of the Services (including images, text, page layout or form); (c) use any metatags or other “hidden text” using VolunteerMatch’s name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Services; (f) remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (g) impersonate any person or entity, including any employee or representative of VolunteerMatch; (h) interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by these Terms, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services; or (i) take any action or Make Available any Content on or through the Services that: (1) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or profane, or contains nudity, violence, sexually explicit, or offensive subject matter, as determined by VolunteerMatch in its sole discretion; (2) constitutes unauthorized or unsolicited advertising, junk or bulk email; (3) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (4) otherwise violates the community guidelines set forth in Section 2.3. You may not post or Make Available a photograph of another person without that person’s permission. The rights granted to you in these Terms are subject to your compliance with the restrictions set forth in this section. Any unauthorized use of the Services terminates the licenses granted by VolunteerMatch pursuant to these Terms.
8.3. 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.
9. TERM AND TERMINATION
9.1. Term. These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms.
9.2. Termination of Services by VolunteerMatch. VolunteerMatch has the right to, immediately and without notice, suspend or terminate any Services provided to you at its sole discretion for any or no reason, including but not limited to (a) if you have (or if VolunteerMatch has any reason to believe you may have) breached any provision of these Terms, or (b) if VolunteerMatch is required to do so by law (for example, if provision of the Services is, or becomes, unlawful). You agree that all terminations shall be made in VolunteerMatch’s sole discretion and that VolunteerMatch shall not be liable to you or any third party for any termination of your Account.
9.3. Termination of Services by You. If you want to terminate the Services provided by VolunteerMatch, you may do so by (a) notifying VolunteerMatch at any time by contacting us at the VolunteerMatch Help Desk, and (b) closing your Account for all of the Services that you use. If you are an Organization who has subscribed for an Organization Subscription, you will have thirty (30) days from the Service Commencement Date, or any Renewal Commencement Date, to cancel such Organization Subscription, in which case VolunteerMatch may elect to refund the prorated Organization Subscription Fee for the applicable Service at its sole discretion. YOUR ORGANIZATION SUBSCRIPTION WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR ORGANIZATION SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 3.5 ABOVE.
9.4. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. VolunteerMatch will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of these Terms which by their nature should survive, shall survive termination of Services and these Terms, including without limitation, ownership provisions, indemnification provisions, warranty disclaimers, and limitation of liability.
9.5. No Subsequent Registration. If your registration(s) with, or ability to access, the Services or any other VolunteerMatch community is discontinued by VolunteerMatch due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community (including but not limited to your conduct at any Volunteer Opportunity, if applicable), then you agree that you shall not attempt to create an Account or re-register with or access the Services or any VolunteerMatch community through use of a different member name or otherwise, and (if you are an Organization who has registered for an Organization Subscription) you acknowledge that you will not be entitled to receive a refund for Organization Subscription Fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, VolunteerMatch reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
10. INDEMNIFICATION
You shall indemnify and hold VolunteerMatch, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “VolunteerMatch Party” and collectively, the “VolunteerMatch Parties”) harmless from any and all damages, judgments, losses, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of the Services; (c) your violation of these terms, including the Community Guidelines set forth in Section 2.3; (d) your violation of any rights of another party, including any user; (e) your interactions, transactions, communications, or dealings with any other user of the Services, including but not limited to those related to Volunteer Opportunities; and/or (f) your violation of any applicable laws, rules or regulations. VolunteerMatch reserves the right, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with VolunteerMatch in asserting any available defenses. This provision does not require you to indemnify any of the VolunteerMatch Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, these Terms, and/or your access to the Services.
11. DISCLAIMER OF WARRANTIES
11.1. As Is. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE ALL PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VOLUNTEERMATCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. VOLUNTEERMATCH MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VOLUNTEERMATCH 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. VOLUNTEERMATCH MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES (INCLUDING VOLUNTEER OPPORTUNITIES) THROUGH THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VOLUNTEERMATCH OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11.2. No Liability for Conduct of Third Parties. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE VOLUNTEERMATCH PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE VOLUNTEERMATCH PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU UNDERSTAND THAT VOLUNTEERMATCH DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, INCLUDING ANY VOLUNTEERMATCH MEMBERS. VOLUNTEERMATCH MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
12. LIMITATION OF LIABILITY
12.1. Disclaimer of Certain Damages. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL VOLUNTEERMATCH OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, 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 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 THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. THE AGGREGATE LIABILITY OF VOLUNTEERMATCH TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (A) FEES PAID TO VOLUNTEERMATCH BY YOU IN THE TWO (2) MONTHS PRECEDING THE CLAIM OR (B) ONE-HUNDRED DOLLARS ($100).
12.2. 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.
12.3. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VOLUNTEERMATCH AND YOU.
13. ARBITRATION AGREEMENT. Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with VolunteerMatch and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
13.1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and VolunteerMatch agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services, any communications you receive, any services distributed or received through these Terms and prior versions of these Terms, including claims and disputes that arose between you and us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (a) you and VolunteerMatch may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (b) you or VolunteerMatch may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms.
13.2. Informal Dispute Resolution. There might be instances when a Dispute arises between you and VolunteerMatch. If that occurs, VolunteerMatch is committed to working with you to reach a reasonable resolution. You and VolunteerMatch agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and VolunteerMatch therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to VolunteerMatch that you intend to initiate an Informal Dispute Resolution Conference by contacting us at the VolunteerMatch Help Desk or regular mail to our offices located at Legal, VolunteerMatch, 5424 Sunol Blvd, Suite 10 PMB 1164 Pleasanton, CA 94566-7705 USA. The Notice must include: (1) your name, telephone number, mailing address, email address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
13.3. Waiver of Jury Trial. YOU AND VOLUNTEERMATCH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and VolunteerMatch are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 13.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
13.4. Waiver of Class and Other Non-Individualized Relief. YOU AND VOLUNTEERMATCH AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 13.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 13.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and VolunteerMatch agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or VolunteerMatch from participating in a class-wide settlement of claims.
13.5. Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and VolunteerMatch agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (a) the name, telephone number, mailing address, email address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (d) a statement certifying completion of the Informal Dispute Resolution process as described above; and (e) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and VolunteerMatch otherwise agree, or the Batch Arbitration process discussed in Section 13.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.
You and VolunteerMatch agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
13.6. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 13.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.
13.7. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (a) all Disputes arising out of or relating to Section 13.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 13.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 13.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (b) except as expressly contemplated in Section 13.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (c) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (d) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 13.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
13.8. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or VolunteerMatch need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
13.9. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and VolunteerMatch agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against VolunteerMatch by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (a) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by VolunteerMatch.
You and VolunteerMatch agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
13.10. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to Legal, VolunteerMatch, 5424 Sunol Blvd, Suite 10 PMB 1164 Pleasanton, CA 94566-7705 USA, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
13.11. Invalidity, Expiration. Except as provided in Section 13.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with VolunteerMatch as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
13.12. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if VolunteerMatch makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to VolunteerMatch at Legal, VolunteerMatch, 5424 Sunol Blvd, Suite 10 PMB 1164 Pleasanton, CA 94566-7705 USA, your continued use of the Services, including the acceptance of services offered on the Services following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. VolunteerMatch will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
14. MODIFICATIONS TO TERMS
We may change the Terms from time to time. When changes are made, VolunteerMatch will make a new copy of the Terms available on the Site, and we will also update the “Last Update” date at the top of the Terms. If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of these Terms to you at the email address associated with your Account. VolunteerMatch may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICES. Unless otherwise stated in such update, any changes to these Terms will be effective immediately for users without an Account, and thirty (30) days after posted on the Site, unless subject to earlier consent or acceptance, in which case, changes shall be effective upon such consent or acceptance. Your continued access to the Site or use of the Services after that time shall constitute your acceptance of the amended Terms. You are responsible for providing us with your most current email address. In the event that the last email address you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you object to any such changes, your sole and exclusive remedy shall be to cease using the Services and terminate your Account by contacting us at the VolunteerMatch Help Desk.
15. GENERAL PROVISIONS
15.1. Electronic Communications. The communications between you and VolunteerMatch may take place via electronic means, whether you visit the Service or send VolunteerMatch emails, or whether VolunteerMatch posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from VolunteerMatch in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that VolunteerMatch electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
15.2. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at the VolunteerMatch Help Desk. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
15.3. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
15.4. 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 VolunteerMatch shall be governed by the laws of the State of California, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. The United Nations Convention for the International Sale of Goods does not apply to these Terms. 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 San Francisco County, California 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. Any waiver or failure to enforce any provision of these Terms shall not be deemed a waiver of any other provision or of such provision on any other occasion. No waiver is effective unless in a writing signed by the waiving party. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms cannot be transferred or assigned by you without VolunteerMatch’s prior written consent. The provisions of these Terms can only be modified as set forth in Section 14 or upon VolunteerMatch’s written agreement.
16. VIOLATIONS
Please report any violations of these Terms by contacting us at the VolunteerMatch Help Desk.