COVIDmobilize (the “Service”), located at https://covidmobilize.com (the “Site”), provides to its users an initiative aimed at building real-time bridges between the stable companies who have the capacity to lend a hand and the front-line organizations working through the COVID-19 crisis, to other non-profit organizations, governmental agencies, private 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 or it (if an organization) has read and understands these Terms and agrees to be bound by them.
The COVIDmobilize organization (“We”, “Us” or “the Organization” herein) as defined below reserves 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.
The “COVIDmobilize organization” is a for-profit association of individual and business entities working together to bring relief to our community during the current COVID-19 situation by connecting Authorized Users in the manner set out above and on the Site.
B. AUTHORIZED USER’S RESPONSIBILITIES
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; 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.
D. DATA SECURITY AND MONITORING
The Data used for the Service are supplied by Authorized Users and may include, but are not limited to, volunteer opportunity descriptions, organizations’ contact information, services that an Authorized User may be offering to perform, or any other information that We may deem necessary or appropriate to fulfill the mission of the organization. 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 COVIDmobilize. 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, and for any reason. 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, and standards of decency and appropriateness.
E. AUTHORIZED USER DATA; LICENSE; REPRESENTATION AND WARRANTY
Authorized User grants to COVIDmobilize a worldwide, perpetual, irrevocable, non-transferable, royalty-free license to use, reproduce, create derivative works of, sub-license and exercise all rights with respect to Authorized User’s data in any media format for data that Authorized User has submitted to COVIDmobilize.
F. DEALINGS WITH OTHER AUTHORIZED USERS, SPONSORS AND ADVERTISERS
Authorized User agrees that COVIDmobilize will not be responsible or liable for any loss or damage incurred as a result of any interaction or relationship with other Authorized Users, persons or entities which may view the Site without registering, sponsors, or advertisers, or as a result of such parties’ access to and/or use of the Site or Service.
G. LINKS AND OTHER USER CONTACT INFORMATION
Links provided to other Authorized Users, advertisers, sponsors, locations or Web sites are made available for Authorized User’s convenience only and do not indicate our endorsement of such other user, services, advertiser, sponsor, 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 Web sites or locations. We are not liable for any links, information, or applications found at any other Web site, Internet location, or source of information, or for Authorized User’s use of such information.
H. 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.
I. MODIFICATIONS TO TERMS
K. 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.
COVIDmobilize 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.
COVIDmobilize 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 COVIDmobilize 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 COVIDmobilize or through the Site or the Service shall create any warranty not expressly made or limited herein. COVIDmobilize 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.
L. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COVIDmobilize, THE ORGANIZATION, ITS AFFILIATES AND ITS RESPECTIVE DIRECTORS, OFFICERS, TRUSTEES, VOLUNTEERS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THESE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, ”DISCLAIMED DAMAGES”). ALL DAMAGES AGAINST THE COVIDmobilize ORGANIZATION ARE DISCLAIMED.
Authorized User agrees to indemnify and hold harmless COVIDmobilize, its employees, volunteers, 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 COVIDmobilize 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.
N. 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 COVIDmobilize. 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 COVIDmobilize, and agrees that COVIDmobilize 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.
Names, logos, and other materials displayed on the Site, and the layout of the Site itself which were created by the organization in connection with the Service constitute trade names, logos, trademarks, and service marks (“Marks”) and are owned by or licensed to COVIDmobilize. Authorized User is not authorized to use these Marks without the prior written consent of COVIDmobilize. As between COVIDmobilize and Authorized User, COVIDmobilize and its licensors are and shall be the owner of all Marks and all goodwill associated with such Marks.
It is not intended in this provision that the organization takes ownership of any Authorized User’s name, logo or other trade or service marks. However, by using the Services and providing the foregoing information to the organization, Authorized User grants a limited license to the organization to use Authorized User’s information, logo, trade or service marks, in connection with the Service in any manner consistent with the mission of the organization, in the organization’s sole discretion.
Q. 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 COVIDmobilize under United States copyright laws; (b) subject to other intellectual property laws; and (iii) owned by the COVIDmobilize organization. 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.
Modifications to any policies, including these Terms, 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 or unenforceable by a court of competent jurisdiction, then such provision shall be severed from these Terms while the remaining terms shall remain in full effect and continue to be 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 State of North Carolina, 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. All suits against the organization whether arising out of these Terms or not must be brought in a courts having jurisdiction over matters occurring in Buncombe County, North Carolina.