Terms of use
Last Revised on November 15, 2019
Welcome to Connectonebayarea.org, a service for adults to find volunteer-learner matches in their community online, operated by ConnectOne for Advancement (“ConnectOne”).
By accessing the ConnectOnebayarea.org website, including through a mobile application, (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”). If you wish to access the Website, or have a request posted or volunteer through our service (the “Service”), please read these Terms of Use. The term “Website” is deemed to refer to using of the Service by means of a computer, a mobile device or a mobile application.
You should also read the ConnectOne Privacy Notice, which is incorporated by reference into this Agreement and available on the Website. If you do not accept and agree to be bound by all of the terms of this Agreement, including the ConnectOne Privacy Policy, do not use the Website or the Service. Please contact us with any questions regarding this Agreement.
1. Acceptance of Terms of Use Agreement.
1. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website and to be a “Participant.” For purposes of this Agreement, the term “Participant” means a person who provides information to ConnectOne to participate in the Service in any manner. This Agreement includes ConnectOne’s (i) Privacy Notice, (ii) our Safety Tips published on the Website and (iii) terms disclosed and agreed to by you if you become a Participant.
2. By accessing the Website or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and the Website.
3. This Agreement may be modified by ConnectOne from time to time, with such modifications to be effective upon posting by ConnectOne on the Website.
2. Eligibility.
You must be at least 18 years of age to access and use the Service. You must be at least 18 years of age to be a volunteer through the Service. You represent you are at least 18.
Any use of the Service is void where prohibited. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
If you become a Participant, you represent and warrant that you have never been convicted of or pled no contest to a sex crime, and that you are not required to register as a sex offender with any government entity. If you become a Participant, you agree to disclose to ConnectOne if you have ever been convicted of a crime other than a minor traffic violation. Using the Website may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Service.
3. Your Content and Privacy.
You are solely responsible for your Content. We use the word “Content” to mean any information, material, or other content you send ConnectOne to post on the Website to be a learner, or otherwise provide to us (such as feedback, educational material, comments, or suggestions shared with us). You agree that you and your Content shall not violate the rights of any third party (such as copyrights, trademarks, contract rights, privacy rights, or publicity rights), this Agreement. ConnectOne reserves the right to exclude or require modification of Content before posting on the Website.
4. Term and Termination.
1. This Agreement will remain in full force and effect while you use the Service and/or are a Participant.
2. You may change or cancel your participation at any time by sending ConnectOne an email notice of cancellation. If you cancel your participation, ConnectOne requires a reasonable amount of time to process the action.
3. ConnectOne may terminate or suspend your participation in the Service at any time without notice if ConnectOne believes that you have breached this Agreement, including, but not limited to, by using the Website and Service for non-personal use, engaging in prohibited or inappropriate activities, and any breach of your representations and warranties. ConnectOne is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension from our Service.
4. After your participation is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
5. Your Interactions with Other Participants.
1. You are solely responsible for your interactions with your match. You understand that ConnectOne currently does not conduct criminal background checks on all Participants. ConnectOne makes no representations or warranties as to the conduct of its Participants. ConnectOne reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time using available public records.
2. ConnectOne is not responsible for the conduct of any Participant. In no event shall ConnectOne, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Participants you meet through the Service.
You agree to release us and our officers, agents, employees, consultants, volunteers, affiliates, subsidiaries, sponsors, and other third-party partners from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with another Participant, or in connection with the advice or opinions given by another Participant. You also agree to release other Participants from Claims based on negligence arising out of or in any way connected to advice or opinions given to you. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.
You agree to take all necessary precautions in all interactions with other Participants. In addition, you agree to review and follow the ConnectOne’s Safety Tips, located on the Website, prior to using the Service. You understand that the ConnectOne makes no guarantees, either express or implied, regarding your ultimate compatibility or benefits from the volunteer or learner you meet through this Service. You should not wire or otherwise send money, to other Participants.
6. Proprietary Rights.
ConnectOne owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of ConnectOne and its licensors.
Unless we expressly permit it through this Agreement, you agree not to modify, post, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our Platform, including any data, or Content of others. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
7. Prohibited Activities.
ConnectOne reserves the right to investigate and/or terminate your particpation if you have misused the Service or behaved in a way ConnectOne regards as inappropriate or unlawful, including actions or communications that occur off the Website. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
• impersonate any person or entity, or misrepresent facts about any person or entity.
• solicit money, goods, or other property.
• “stalk”, abuse, use profanity, send sexually oriented communication, threaten, intimidate, act in a rude, vulgar, sexist, or derogatory manner, defame, insult, make racially offensive statements, publish illegal material, or otherwise harass any person.
• express or imply that any statements you make are endorsed by ConnectOne without our specific prior written consent.
• ask or use Participants to conceal the identity, source, or destination of any illegally gained money or products.
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its contents.
• interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website.
• email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software).
• “frame” or “mirror” any part of the Service or the Website, without ConnectOne’s prior written authorization.
• use meta tags or code or other devices containing any reference to ConnectOne, the Website or the Service (or any trademark, trade name, service mark, logo or slogan of ConnectOne) to direct any person to any other website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
8. Staff and Volunteer Service.
When communicating with our staff or volunteer representatives (whether in-person, over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our staff or volunteer representatives is at any time threatening or offensive, we reserve the right to immediately terminate your participation.
9. Modifications to Service.
ConnectOne reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that ConnectOne shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, ConnectOne reserves the right at any time at its sole discretion to block users from certain IP addresses from accessing the Website or Service.
10. Communications.
When you become a Participant, you agree and consent to receive email messages from us. These emails may be communications relating to your participation and the Service, such as administrative notices and service announcements or changes. Please see ConnectOne’s Privacy Policy for more information regarding these communications.
11. Disclaimers.
You acknowledge and agree that neither ConnectOne nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Service, whether caused by Participants or any of the equipment or programming associated with or utilized in the Website or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content or communications; (iii) the conduct of any Participant; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Participant communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Participants or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
To the maximum extent allowed by applicable law, ConnectOne provides the website and the service on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service or the website (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. ConnectOne does not represent or warrant that the website or service will be uninterrupted or error free, secure or that any defects or errors on the website or in the service will be corrected.
1. Any material downloaded or otherwise obtained through the use of the Service or Website is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the Service or Website.
2. From time to time, ConnectOne may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content.
ConnectOne does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content on the website or provided through the service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the website or service. Under no circumstances will ConnectOne or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted on the website or service, or transmitted to or by any participants.
1. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or through the Service or provided by a Participant or Staff is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.
ConnectOne makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website, Service, or another Participant. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
12. Links.
The Website may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that ConnectOne is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that ConnectOne shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
13. Limitation on Liability.
To the fullest extent allowed by applicable law, in no event will ConnectOne, its affiliates, partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if ConnectOne has been advised of the possibility of such damages. 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 website or service or the terms of this agreement must be filed within one year after such claim or cause of action arose or be forever barred.
14. Arbitration and Governing Law.
Before making any claim, you and ConnectOne agree to try to resolve any disputes through good faith discussions. You may initiate this process by sending written notice describing the dispute and your proposed resolution.
Except as set forth in Section 9.5, you agree to submit any claim to JAMS, Inc., or its successor, (“JAMS”) for final and binding arbitration. In arbitration certain rights that you or we would have in court may not be available, such as discovery or appeal. You and ConnectOne are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with ConnectOne.
Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.
Either party may commence arbitration by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with JAMS Streamlined Arbitration Rules and Procedures and any other applicable rules that JAMS requires (“JAMS Rules”) in effect as of the demand for arbitration. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. The parties will cooperate with JAMS and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate JAMS list with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and, to the extent permitted by JAMS Rules, can award costs, fees and expenses, including attorneys’ fees to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
Class Action Waiver. You agree to resolve disputes with ConnectOne on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
15. Indemnity by You.
You agree to indemnify, defend and hold all ConnectOne parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Service, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct with any other Paricipant that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all ConnectOne Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.
16. Notice.
ConnectOne may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
17. Entire Agreement; Other.
This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between you and ConnectOne regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of ConnectOne to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind ConnectOne in any manner.
18. Amendment.
This Agreement is subject to change by ConnectOne at any time. The revised terms will be effective upon posting on the Website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement.