Description of Services
The services (the “Services”) are services offered through this web site (the “Web Site”) by Flood, Inc. (“flood,” “we” or “us”). The Services are available to prospective volunteers who register to use the Services, donors who make contributions through the Web Site, and any other individuals using the Web Site (collectively, “Users”). Users shall be referred to as “You” or “you” herein.
Registration and Access to the Service
Your registration constitutes an application to use the Services. When you register, you agree to provide us with accurate, complete information. It is your responsibility to inform us of any changes to such information.
This Agreement remains in effect until terminated by you or flood. You may terminate this Agreement upon our receipt of your notice via email to flood email@example.com and by our subsequently disabling your user ID. If you are unsatisfied with the Services provided through the Web Site, your sole remedy is to terminate this Agreement. We may terminate this Agreement, in whole or with respect to a Service, with or without cause, at any time immediately upon our disabling your ID. We may notify you of termination of the Agreement via email or other written notice to the address you provide to us in the registration process. After the termination of this Agreement or a Service, you are not authorized to access or use the Service, and you shall cease all such access and use. If you nonetheless access or use the Service in spite of termination of the Agreement or Service, your use of, or access to, the Service will be subject to the version of the Agreement then in effect as to all current Users.
Intellectual Property Rights
All text, software (including source and object codes), visual, oral or other digital material, photographs, information, data, graphics, emails we send to you, and all other content of any description included on the Web Site, excluding information included in the definition of “your information” in the “Grant of License” section below (collectively, the “Content”), and all copyrights, trade marks, service marks, patents, patent registration rights, trade secrets, know-how, database rights, and all other rights in or relating to the Services and the Content (collectively, the “Intellectual Property”) are owned by us or by our licensors, and are protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States of America (“U.S.”). The Services and the Content are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. No Content or Intellectual Property may be copied, modified, published, broadcast, or otherwise distributed without our prior written permission.
Grant of License
As a User of this Web Site, you are granted a personal, nonexclusive, nontransferable, non-assignable, revocable, limited license to access and use the Web Site, Services and Content for your Personal Use only and not for commercial purposes. “Personal Use” means your use for non-profit or educational purposes, but DOES NOT include (a) any activity or use that is in competition with us, (b) using the Content, or parts of the Content, to create your own database, (c) using the Content, or parts of the Content, for financial or other gain for any party, individual or entity, or (d) the posting, publication, transmission, or dissemination of the Content, or parts of the Content, in digital or electronic form by means of the World Wide Web, electronic mail, any online services, or any other medium now existing or hereafter developed. You may download one copy of the Content and make no more than one (1) hard copy of the Content for your Personal Use. Otherwise, you may not duplicate, transmit, redistribute or publish the Content, or parts of the Content. You may not use any network monitoring or discovery software to extract information about usage or Users of the Services. You may not use any robot, spider, other automatic device or manual process to monitor or copy the Content. Any violation of the foregoing provisions constitutes unauthorized use and may result in civil or criminal liability.
You are solely responsible for your information and warrant that you have all legal rights and licenses necessary for you to grant us a license to your information. In connection with the Services and Content, you will not: (a) act in an unwanted, threatening, harassing, abusive or offensive manner toward any User; (b) use any of the Services for political, commercial or advertising purposes; (c) harm or exploit minors in any way, which includes requesting personal or other information; (d) post, submit or otherwise do anything with the Services, Content, or Web Site that is unlawful, harmful, tortious, defamatory, profane, obscene, libelous, or hateful to the average User; (e) act in a racially, ethnically, or otherwise objectionable manner; (f) collect or store personal data of any other User; (g) post or reference indecent or pornographic materials (whether in visual, textual, or audio format); (h) discuss, incite or otherwise solicit illegal activity; (i) violate or infringe upon the confidentiality, or proprietary or other rights, of any individual or third party; (j) send any communications to any User for any purpose other than Personal Use; or (k) transmit fraudulent, deceptive, or misleading communications or intercept or attempt to intercept email or other private communications not intended for you. In addition, by posting your information to the Web Site, you represent that you have all necessary rights in and to your information, and that your information will not infringe on any personal or proprietary rights of any third parties.
Links to all third-party Web Sites are provided solely as a convenience to you and not as an endorsement by us or by the operator of this Web Site of the third party or of the content contained on the third-party Web Site. We do not monitor third-party Web Sites. We do not assume any responsibility for the content of linked third-party Web Sites or make any representation regarding the accuracy of materials on such third-party Web Sites. If you choose to access a linked third-party Web Site, you do so at your own risk.
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY AND INTEGRATION.
Neither we nor our Licensors make any representation, warranty or guarantee (1) regarding the reliability, usefulness, adequacy, suitability, completeness, timeliness, or validity of the Services or the Content, nor (2) that the Web Site is free from any computer viruses, “worms” or “trojan horses,” any other type of destructive or malicious computer code (by whatever name it is called), or any unauthorized computer code which is attached to, or made a part of, the Services or the Content by any person, group or organization. Neither we nor our Licensors are responsible for the content of any information, communication, or material developed, posted, or uploaded by a third party. Neither we nor our Licensors edit or control such information, communication or material, or have any responsibility to you or any other party for the content of any information, communication, or material on this Web Site, including but not limited to errors or omissions.
We provide the Services as a convenience to the public. The Services are solely for the purposes of allowing Users and service organizations to communicate regarding various volunteer or donation opportunities. The inclusion of any organization or person, including without limitation a User, in the Services or the Content does not constitute a representation, warranty, or endorsement with respect to the competence, suitability, or reliability of such organization or person by us. Your contact with any such organization or person is at your own risk, and we are not liable for any damage, loss or injury resulting from your contact with any such organization or person. You agree that we are not endorsing, sponsoring or otherwise participating in the actual volunteer or donation opportunities provided through the Services.
Limitation of Liability
NEITHER WE NOR ANY OF OUR LICENSORS SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES OR CONTENT. WE AND OUR LICENSORS DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES), RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, (A) ANY THIRD PARTY WEB SITES, SERVICES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE SERVICES); (B) THE TERMINATION OF YOUR ACCESS TO THE SERVICES; (C) ANY ERRORS IN, OR OMISSIONS FROM, THE CONTENT (INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS); (D) THE COMPLETE OR PARTIAL UNAVAILABILITY OF THE SERVICES OR THE CONTENT; (E) YOUR USE OF, OR INABILITY TO USE, THE SERVICES; (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES; OR (G) ANY COMPUTER VIRUSES, “WORMS” OR “TROJAN HORSES,” ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE WHICH IS ATTACHED TO, OR MADE A PART OF, THE SERVICES OR THE CONTENT BY ANY PERSON, GROUP OR ORGANIZATION.
IF YOU SHOULD BECOME ENTITLED TO CLAIM DAMAGES FROM US (INCLUDING, BUT NOT LIMITED TO, FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS) WE WILL BE LIABLE ONLY FOR THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (IN THE AGGREGATE FOR ALL CLAIMS) THE AMOUNT YOU DONATED TO FLOOD DURING THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED.
The parties agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious or unlawful conduct.
Restrictions on Linking and Framing Activities
We are concerned about the integrity of the Web Site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Therefore, we prohibit caching, unauthorized hypertext links to the Web Site, and framing any Content available through the Web Site. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the content available on any other Internet sites linked to the Web Site. Access to any other Internet sites linked to the Web Site is at the User’s own risk.
Authorized Third Parties
We reserve the right to allow third parties to provide any necessary services to us and/or to users to enable us to provide the Services.
Remedies for Violations
Governing Law and Jurisdiction
Access Outside the United States
We do not represent that the Services or the Content are appropriate or available for use in countries outside the U.S. If you choose to access or use the Services from outside the U.S., you are responsible for compliance with foreign and local laws, if applicable.
The definition of the term “Service” in this Agreement includes the Web Site and the Content.