LAST REVISED: June 1, 2020
Acknowledgment and Acceptance of Terms of Service
Benevolist, Inc., a North Carolina corporation (“Benevolist”, “we” or “us”) provides certain services (described below) on or through our website, Benevolist.org, (the “Site” or “Platform”). By using our Site, you agree to the following terms and conditions (the “Terms of Service”). If you do not understand or agree with these Terms of Service, please do not use the Site or Benevolist (as defined below) and do not register to be a member of the Site.
If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us through the “Contact” tab on the homepage.
By completing the registration process or using any part of Benevolist (see description below), you agree to be bound by all of the terms and conditions herein. You may continue to use Benevolist.org as long as you adhere to these terms of service. Benevolist may update these terms of service from time to time on notice to its members. Continued use of Benevolist.org com after notice of any update shall constitute acceptance of the updated terms of service.
The Site offers a service that generally allows for the creation of a needs-based listing and coordination service (known and referred to as a Benevolist) for a recipient or recipients. This includes, without limitation, tools to, create a list, send or share list links, receive email invitations or notifications, coordinate dates for drop-off, and share updates. The services provided through the Site are herein referred to as the “Service”. These Terms of Service govern and apply to your use of the “Service”.
Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service. You must be an individual of 13 years of age or older to register or use the Site or the Service.
License to Use and Access the Benevolist Service
Benevolist grants you a limited license to access and make personal use of this Site and the Service. This Site or any portion thereof, may not be reproduced, modified, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without the prior express written consent of Benevolist.
Use of the Site at Your Own Risk
Your access to and use of the Site and Services and is at your own risk. Benevolist will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site or Services.
Registration, My Account Page and Inbox
Benevolist may conduct additional analysis or investigation into your non-profit, or require additional information such as an Employer Identification Number (EIN) if you want to organize a Benevolist, send a list, save and access saved information, view and edit your “My Account” page, and upload photos. Not all of the features in the previous sentence may be available at any given time and Benevolist may require registration for additional features that may be developed or added to the Benevolist Service from time to time. In order to register as a user, you must also supply a valid email address, which will be used as a unique identifier for your profile, your name, and a password.
You hereby agree that you:
- are solely responsible for maintaining the confidentiality of your password and profile;
- agree not to transfer your email address or password to any third party;
- lend or otherwise transfer your use of or access to the Benevolist Service to any third party;
- agree to immediately notify us of any unauthorized use of your profile or any other breach of security related to your profile or the Benevolist Service, and to ensure that you “log off”/exit from your profile (if applicable) at the end of each session.
You further acknowledge and agree that we are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
In addition, you agree to provide and maintain accurate information about you and update your profile if any of your information changes. Benevolist reserves the right to terminate you as a user of the site if any information provided by you false or inaccurate.
Description of the Benevolist Service (including, but not limited to)
Benevolist: A Benevolist is a coordinated list creation and management service that enables an organizer(s) to specify the needs (specific or otherwise), location, times and preferences of the recipient(s) to coordinate the effort of friends, family, colleagues, congregation members, and neighbors in the delivery and donation of needs based around important life events, catastrophe, or general maintenance/supply to a help organization.
- Benevolist does not personally endorse or support any list organizer or organization.
- We expressly disclaim any liability or responsibility for the success of any Benevolist. Benevolist does not guarantee that a list will obtain a certain amount of donations or any donations at all.
Each Benevolist organizer represents and warrants to Benevolist and all donors or volunteers to that Campaign that (i) all information provided in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any other party; (ii) all Donations contributed to a Campaign will be used solely as described by the organizer; (iii) that the organizer will comply with all applicable local, state, and federal laws in connection with soliciting Donations, including, without limitation any laws relating to marketing and solicitation for donations. We reserve the right to provide information relating to your Campaign with Donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
Service Mark and Content Restrictions
Benevolist is a service mark of Benevolist, Inc. The trade names and service marks owned by Benevolist, Inc. may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.
You acknowledge that Benevolist may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, “Content”) that may be protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. Except for Content you post to the Site, which you own, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the Benevolist, including any Content.
Content Posted by Benevolist Users
You expressly acknowledge and agree that you:
- are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other Content that you post to the Site. This includes, but is not limited to, the contents of your email communications, photos or images, your “My Account” page, invitations and any other related Content;
- are solely responsible for the accuracy, integrity and quality as well as the legal right to post such Content;
- agree that if you post any Content through the Benevolist Service, you automatically grant to Benevlost, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable, freely transferable license, in and to such Content, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Content in connection with the Service and to third parties with whom Benevolist has a relationship; and
- grant Benevolist the right to authorize the downloading and printing in whole or in part of any Content that you post to the Benevolist.
You acknowledge and agree that Benevolist, Inc.:
- does not control the Content posted by its users or any third party not under the control of Benevolist;
- is not liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via Benevolist;
- reserves the right (but has no obligation) to evaluate Content before allowing it to be posted on or through the Site and at the sole discretion of Benevolist, Benevolist may do one or all of the following;
- monitor the submission of Content;
- alter, remove, or refuse to post or allow to be posted or stored any Content; and
- disclose any Content or any communication through the Benevolist Service, and the circumstances surrounding the transmission thereof.
- may contract any third party in order to operate in whole or in party any portion of Benevolist;
- may respond to all legitimate governmental inquiries or requests;
- 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;
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
Under no circumstances will Benevolist Inc., its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns or its representatives be liable for any loss or damage caused by your reliance on any Content posted by any users or third parties not under the control of Benevolist.
Notification of Claims of Infringement
If you believe that any of your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Benevolist for notice of claims of copyright or other intellectual property infringement.
Please provide Benevolist with the following notice:
- Identify the material on the Site that you claim is infringing, with enough detail so that it may be located;
- A 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;
- A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Benevolist will remove the infringing Content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
You agree not to:
- post content or distribute materials (through the Site) that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or that we otherwise deem distasteful or objectionable (at our sole discretion);
- interfere with or disrupt the operation of the Benevolist Service; including but not limited to transmission of a program that is harmful or invasive or that is intended to damage Site functionality;
- engage in any other conduct which, at Benevolist’s sole discretion, is considered inappropriate, unauthorized or objectionable; or
- use any feature of the Service to engage in “spamming”
- to permit us to access your Profile, records, and to monitor your use for any reason (typically to provide customer service);
- to comply will all applicable laws, regulations, and ordinances as a condition of use of the Benevolist Service;
- to notify Benevolist at the “Contact Us” page if you feel another user is in violation of these terms;
Under no circumstances will Benevolist, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns or its representatives be liable for any loss or damage caused by your conduct or the failure of the Benevolist organizer to attain permission from the Benevolist Recipient to create a Benevolist on their behalf.
Those who feel that their personal information has been posted without their permission should contact Benevolist immediately through the “Contact us” page to have the applicable Benevolist removed from the Site.
Links to Third Party Sites/Vendors; Contact with Advertisers; Contact with other Users
The Site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Benevolist, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that we are not responsible for:
- the availability of such external sites or resources, and we expressly do not endorse and are not responsible or liable for any content, advertising, products, services or other content (collectively, “Third Party Content”) on or available from such sites or resources;
- any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such Third Party Content available on or through any such site or resource;
- any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other material available, or through such third parties, on our Site or the actions of such third parties; or
- your interactions with any organizations and/or individuals found on or through the Service.
We may update the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
You agree to indemnify, defend and hold harmless Benevolist, and its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all claims, liabilities, damages, costs, expenses or demands, including, but not limited to, attorneys’ fees, arising from or related to:
- your use of the Site and/or the Benevolist Service;
- any violation of these Terms of Service by you
- any infringement by you (or another user of the Benevolist Service using your Profile) of any intellectual property or other right of any person or entity; or
- your violation of any applicable law or regulation.
Limitation of Liability
YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED TO YOU “AS-IS” AND ON AN “AS-AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, BENEVOLIST (AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BENEVOLIST MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BENEVOLIST OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
BENEVOLIST’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SITE AND IN NO EVENT WILL IT EXCEED $500; YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH BY BENEVOLIST WILL BE A REFUND IN AN AMOUNT EQUAL TO THE DOLLAR AMOUNT PREVIOUSLY PAID BY YOU TO BENEVOLIST FOR ACCESS TO THE SITE. Benevolist WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR OTHER USER ON THE SITE; (iii) ANY CONTENT OBTAINED FROM THE SITE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BENEVOLIST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Dispute Resolution by Binding Arbitration
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing Benevolist.org support at email@example.com. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Benevolist.org has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration in Wake County, North Carolina in accordance with the rules of the American Arbitration Association. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. The costs of the arbitrator shall be equally divided provided, however, that the arbitrator may award costs and fees to the prevailing party.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Wake County, North Carolina, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You agree that we:
- in our sole discretion, may terminate your password, profile (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service;
- shall not be liable to you or any third party for any termination of your access to the Benevolist Service; and
- reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Benevolist Service; or
Benevolist will not be liable for a delay in providing access to the Site to the extent that delay is caused by Internet access outages, insurrection, war, riot, explosion, nuclear incident, fire, flood, earthquake, volcanic activities, general national strikes, embargo, state import or export restrictions, or other event beyond Benevolist’s reasonable control.
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Site should be directed to firstname.lastname@example.org.