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Terms of Use
Avviato, Inc, d.b.a., HandsOn Connect Cloud Solutions, (“Avviato”, “HOC” “HOC-CS”, “we” or “our”) provides the LlamaSite software services platform and application (the “Service”) and this site (the “Site”), to volunteer centers, nonprofit organizations, universities and colleges, schools, governmental agencies, businesses, volunteers or visitors to the Site (collectively referred to as “Authorized Users,” and each is individually an “Authorized User”), exclusively under the following terms of service and use (the “Terms”). By using the Service, Authorized User states that he or she has read and understands the Terms and agrees to be bound by them. We reserve the right to terminate an Authorized User’s account or use of the Service at any time, for any reason, including without limitation, if we learn that Authorized User has violated these Terms. Capitalized terms used, but not defined, are used as defined in the Privacy Policy or Service Provider Agreement.
A. YOUR RESPONSIBILITIES
Authorized User agrees not to reproduce, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the Service or the Site. Without our written permission, Authorized User may not: (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail, (b) access the Service using any high volume or automated means (including but not limited to robots, spiders, crawlers, and scripts), (c) place pop-up windows over its pages, or otherwise affect the display of its pages or (d) access the Site or the Service in any manner that violates our Privacy Policy. All information that Authorized User provides to us shall be true, accurate and current.
Authorized User agrees not to use the Service to: (a) violate any local, state, national or international law, (b) impersonate any person or entity, or otherwise misrepresent Authorized User’s affiliation with a person or entity, (c) stalk, harass or harm another individual, (d) promote or glorify hatred, violence or racial intolerance, (e) collect or store personal data about other Authorized Users without their explicit permission or (f) disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Service, or interfere with or disrupt the Service, the Site or servers or networks connected to the Service or the Site.
B. PRIVACY
Authorized User will be requested to provide specific personal data to us, as described in the Privacy Policy (“Personal Data”). All uses of Authorized User’s Personal Data will be treated according to our Privacy Policy. By using the Site and the Service, Authorized User is accepting the terms and conditions of our Privacy Policy. If Authorized User objects to having his, her or its information used as described in the Privacy Policy, Authorized User’s sole recourse is to discontinue using the Site and the Service.
C. DATA SECURITY AND MONITORING
Data are supplied by Authorized Users and may include, but are not limited to, volunteer opportunity descriptions, organizations’ contact information and news. Accordingly, we have no editorial control over such data. Any data, services, offers, or other information provided by Authorized Users are those of the respective Authorized Users and not LlamaSite. We do not endorse, nor are we responsible for investigating or ensuring the accuracy of, any such data, and we retain the right to modify, update, designate as inactive, or remove any data at any time. We have the right, but not the obligation, to monitor and review the data and Authorized Users’ accounts to determine compliance with these Terms, laws, or regulations.
D. AUTHORIZED USER DATA; LICENSE; REPRESENTATION AND WARRANTY
Authorized User is responsible for data provided to us for inclusion on the Site and as part of the Service. LlamaSite acts as a passive distributor of Authorized User’s data. However, if we believe Authorized User’s data may create a liability for us, we reserve the right to remove Authorized User’s data. Authorized User warrants that his, her or its data or use of the Site and the Service: (a) does not and will not contain unlawful, harmful, libelous, discriminatory, obscene or otherwise objectionable material of any kind; (b) encourage conduct that could violate any applicable national, state, or local laws, regulations, ordinances, or codes, or that could constitute a criminal offense or give rise to civil liability or (c) does not and will not violate any right of privacy (including the terms of our Privacy Policy). Authorized User represents and warrants that he, she or it will not knowingly transmit computer viruses, worms, harmful program routines or use the Site or the Service to access without authorization any other computer or machine.
E. DEALINGS WITH OTHER AUTHORIZED USERS, SPONSORS AND ADVERTISERS
Authorized User agrees that LlamaSite will not be responsible or liable for any loss or damage incurred as a result of any interaction or relationship with other Authorized Users, sponsors, or advertisers, or as a result of such parties’ access to and use of the Site or Service.
F. LINKS
Links provided to other locations or web sites are made available for Authorized User’s convenience only and do not indicate our endorsement of such other location or site or its data. We do not review or control, and are not responsible for any web sites other than the Site or the Service (and in the case of the Site or the Service, only as provided for herein), or any data available on such other websites or locations. We are not liable for any links, information, or applications found at any other website, Internet location, or source of information, or for Authorized User’s use of such information.
G. MODIFICATIONS TO THE SERVICE
We reserve the right to modify or discontinue the Service or the Site with or without notice to Authorized User. We are not liable to Authorized User or any third party should we exercise our right to modify or discontinue the Service or the Site. If Authorized User objects to any such changes, his, her or its sole recourse is to discontinue using the Service. Continued access and/or use of the Service or the Site following notice of any such changes shall indicate Authorized User’s assent to and acceptance of such changes.
H. MODIFICATIONS TO TERMS
We may change the Terms from time to time. We will notify any affected Authorized User of any such changes by posting a notice of such changes on the Site or notifying any Authorized User via e-mail. If Authorized User objects to any such changes, his, her or its sole recourse shall be to cease using the Service and/or the Site. Continued access to and/or use of the Service and/or the Site following notice of such modifications or changes shall indicate Authorized User’s assent to and acceptance of the Terms, including but not limited to all posted changes.
I. TERMINATION
Authorized User agrees that we, at our sole discretion, may terminate Authorized User’s use of the Service and/or the Site without prior notice, and remove and discard Authorized User’s data from the Site and the Service, for any reason, with or without prior notice, including, without limitation, if we believe that Authorized User has violated or acted inconsistently with these Terms or the Privacy Policy. Authorized User agrees that we shall not be liable to Authorized User or any third party for termination of Authorized User’s access to the Site or the Service. Authorized User may discontinue his, her or its participation in and access to the Service at any time.
J. DISCLAIMER OF WARRANTIES
Authorized User expressly agrees that use of the Service and the Site is at Authorized User’s own risk. The Site and the Service are provided on an “as available” and “as is” basis. LlamaSite expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to the Service. LlamaSite makes no warranty that the Site or the Service will be error free or meet Authorized User’s requirements, or that the Site or the Service will be uninterrupted, timely, or secure; nor does LlamaSite make any warranty as to the accuracy, or reliability of the results that may be obtained from or through the use of the Site or the Service, or that defects in the Site or the Service will be corrected. The entire risk as to satisfactory quality, accuracy, performance, and results to be obtained through the use of the Site or the Service is with Authorized User. No information or advice, whether oral or written, obtained by Authorized User from LlamaSite or through the Site or the Service shall create any warranty not expressly made herein. LlamaSite makes no warranty regarding any transactions or dealings entered into with any other parties through the Site or the Service. Authorized User understands and agrees that any information downloaded or otherwise obtained through the use of the Site or the Service is done at Authorized User’s own discretion and risk, and that Authorized User will be solely responsible for any damage to his, her or its computer services or loss of data that results from the download of such information.
K. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AVVIATO OR HANDSON CONNECT, THEIR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, TRUSTEES, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, “DISCLAIMED DAMAGES”).
L. INDEMNIFICATION
Authorized User agrees to indemnify and hold harmless LlamaSite, its affiliates and their respective directors, officers, trustees, employees, independent contractors and agents (“Indemnified Party”) from and against any losses, liabilities, suits, claims, costs, and expenses (including reasonable attorney’s fees) (“Loss”) arising out of or relating to any claim, suit, judgment, or proceeding brought or asserted by any third party (“Claim”) alleging any breach of such party’s representations, warranties or covenants under this Agreement. Authorized User shall indemnify and hold harmless LlamaSite for any Loss arising out of or relating to (a) Authorized User’s violation of these Terms or the rights of any other Authorized User, (b) Authorized User’s use of the Site or the Service, (c) any information submitted or transmitted through the Site or Service or (d) the transmission of computer viruses, worms, harmful program routines or other similar items into the Site or the Service, or using the Site or the Service to access without authorization any other computer or machine. The Indemnified Party shall notify the Indemnifying Party of any such claim of which it becomes aware and shall: (x) at Indemnifying Party’s expense, provide reasonable cooperation to Indemnifying Party in connection with the defense or settlement of any such claim and (y) be entitled to participate in the defense of any such claim at its own expense with counsel of its own choosing.
M. Proprietary Rights.
All copyright and trade secret rights in and to the Site, the Service and the data used therein are and shall be the exclusive property of LlamaSite. To the extent, if any, that Authorized User has any rights in or to the Site or the Service, Authorized User hereby irrevocably assigns to LlamaSite, and agrees that LlamaSite shall be the sole and exclusive owner of, all right, title and interest in and to the Site and the Service, including without limitation all copyright, trade secret and other proprietary rights therein that may be secured in any place under laws now or hereafter in effect.
N. TRADEMARKS
Names, logos, and other materials displayed on the Site and in the Service constitute trade names, logos, trademarks, and service marks (“Marks”) are owned by or licensed to LlamaSite. Authorized User is not authorized to use these Trademarks without the prior written consent of LlamaSite. As between LlamaSite and Authorized User, LlamaSite and its licensors are and shall be the owner of all Marks and all goodwill associated with such Marks.
O. COPYRIGHTS and USE RESTRICTIONS
The data included as part of the Service, including without limitation, text, databases, software, code, and graphics, is (a) copyrighted by LlamaSite under United States copyright laws, (b) subject to other intellectual property laws, and (iii) owned by LlamaSite. Such data may not be copied, reproduced, modified, posted, transmitted, republished, sold, or redistributed in any way without our express prior written consent. Authorized User must abide by all copyright notices, information, or restrictions contained in or linked to any data described herein.
P. MISCELLANEOUS
Modifications to any member agreements and any policies, including this Agreement, will be e-mailed to Authorized User and/or prominently posted and available for Authorized User to view at any time on the Site. Authorized User’s continued access to and/or use of the Site will constitute Authorized User’s complete assent to and acceptance of all such amended terms. These Terms contain the entire terms between the parties. In the event, any provision of these Terms is held to be illegal, invalid, or unenforceable, then such provision shall be severed from these Terms while the remaining terms shall remain binding on the parties hereto. The section titles in these Terms are for convenience only and have no contractual or legal effect. These Terms shall be governed by the laws of the District of Columbia, without regard to its conflicts of law provisions. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Authorized User agrees that regardless of any statute or law to the contrary, any claim or cause of action brought by Authorized User arising out of or related to the use of the Service or the Site, or specified in these Terms, must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.