Terms of Service
NonProfitEasy, an online non-profit CRM software provider, powers this peer-to-peer fundraising platform. The Volunteer Center of Sonoma County manages this Human Race platform and their terms of service govern this platform:
This peer-to-peer fundraising platform allows individuals and teams to fundraise for non-profits of their choice. We look forward to being of service to you. By using this Web site at www.humanracenow.org (the “Site”), you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Service (“TOS”). These TOS govern your access to and use of this website and various online tools and services that we make available to the “Users” of this platform (the “Service”).
Please be aware that YOU MUST BE AT LEAST 18 YEARS OF AGE TO donate through and use this site without the express authorization of a legal guardian. Please remember that the Service is designed to appeal to a broad audience. Accordingly, if you are the legal guardian of a minor accessing the Service, it is your responsibility to determine whether minors should not view any of the content.
As a condition to using this site, you agree that you are subject to the laws of the State of California and that any receipt or transmission of messages, solicitations or other transactions undertaken or transmitted is deemed to occur in the United States.
(c) Follow up. Volunteer Center of Sonoma County might generate and sends a series of emails to fundraisers and donors to assist them in more effectively using the Fundraising Portal. If the User provides a phone number, we may elect to call the user to offer help as well.
(d) Volunteer Center of Sonoma County User Accounts. We make this Service available for use by the general public and nonprofit users, subject to these terms and conditions. When you use this Service for any purpose, you will be asked for your name, address, email address, and other information to identify yourself or your organization and you will be given the option to create a User account. In order to access and use the Service aside from making a donation, you must complete the account creation process. Access to and use of password-protected and secure areas is restricted to users who have created an account or subscription. Any attempt to access restricted areas without authorization is prohibited. When you create an account, you will need to choose a password to access the services. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Volunteer Center of Sonoma County of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Volunteer Center of Sonoma County cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1(d).
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Volunteer Center of Sonoma County has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Volunteer Center of Sonoma County may suspend or terminate your account and refuse any and all use of the Service (or any portion thereof).
2. PAYMENTS; TAXES. At no time does Volunteer Center of Sonoma County or its employees have access to credit card information from donors through payments on its Web site. The method of disbursing funds depends on our relationship with your organization, as described in the next paragraph.
If you donate to an organization that has signed an agreement with Volunteer Center of Sonoma County (contact us to ask about your organization), then Donors will pay the Donations by credit card to Volunteer Center of Sonoma County as your Agent. The fees deducted from the online donations pursuant to Section 1(b)(iii) will be paid to Volunteer Center of Sonoma County at the time of the transaction. Payment to the designated nonprofit organization pursuant to Section 1(b)(iii) above will be made either (a) via electronic funds transfer or via check (b) at a frequency agreed upon by the Volunteer Center of Sonoma County and the organization. The payment schedules are subject to change at any time at the sole discretion of Volunteer Center of Sonoma County. Nonprofit users will be responsible for taxes based on its net income or gross receipts.
3. DONATIONS TO NONPROFITS; OUR FEES. If you are a Fundraiser or Donor, you are solely responsible for ensuring that you have selected the correct organization to fundraise for or donate to. Any particular person may not specify donations to nonprofits for use, and you agree that you will not receive any goods or services as a result of your donation through this Service. The amount of donations to the nonprofit designated by you are charged on your credit card and paid to, and processed by, Volunteer Center of Sonoma County or its affiliates on such nonprofit organization’s behalf. Any payments of donations are final and non-refundable. Exceptions are at the sole discretion of the Volunteer Center of Sonoma County. The donations will be held in a non-operating bank account until such time as Volunteer Center of Sonoma County forwards the donations to the nonprofit or payee of funds. Volunteer Center of Sonoma County forwards donations to the nonprofit at intervals as determined by Volunteer Center of Sonoma County and the nonprofit. Your donations to the nonprofit designated by you will be net of fees as designated in Section 1(b)(iii). This fee structure is subject to change from time to time at the sole discretion of Volunteer Center of Sonoma County. Users agree not to use an invalid or unauthorized credit card in making transactions on the site. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of the Users payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with it’s reporting rules.
4. INFORMATION ON WEBSITE/USER CONDUCT PART I. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Volunteer Center of Sonoma County, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Volunteer Center of Sonoma County does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Links to other web sites do not imply an endorsement of the materials disseminated at those web sites. Volunteer Center of Sonoma County is not responsible for the materials contained at any web site linked to this site. Under no circumstances will Volunteer Center of Sonoma County be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, lewd, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Volunteer Center of Sonoma County official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose, which hereby is incorporated herein by reference;
g. upload, post, email, transmit or otherwise make available 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;
h. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission or other securities exchange, any federal, local or state rules or regulations regarding contributions, security, piracy, copyright, indecency, disclosure, disparagement or other regulations having the force of law;
k. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in these TOS.
You acknowledge that Volunteer Center of Sonoma County may or may not pre-screen Content, but that Volunteer Center of Sonoma County and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, edit, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Volunteer Center of Sonoma County and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. In this regard, you acknowledge that you may not rely on any Content created by Volunteer Center of Sonoma County or submitted to Volunteer Center of Sonoma County. Portions of this site may allow users to post their own material. The materials posted by users do not necessarily reflect the views of Volunteer Center of Sonoma County. By posting materials to the Volunteer Center of Sonoma County www.humanracenow.org web site, you represent that you have all necessary rights in and to such materials.
You acknowledge, consent and agree that Volunteer Center of Sonoma County may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Volunteer Center of Sonoma County, its users and the public; or (f) retain, transmit and/or report data, contributions and requested related information to respond to local institutions to which a donation is being made by you, to comply with regulatory requirements and to aggregate collection for analysis purposes.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; (b) retention on Volunteer Center of Sonoma County’s, its agents’ and donees’ database for a period of time; and (c) changes to conform and adapt to technical requirements of connecting networks or devices.
5. PARTNER SERVICES. Our website may provide links to third-party sites or services and may link you automatically to sponsors’ or third-party’s websites or services. We provide such links solely for the convenience of our users. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. You assume full responsibility for your use of third-party sites or services.
6. PROPRIETARY RIGHTS. You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the Service or by advertisers. Except as expressly permitted by applicable law or authorized by Volunteer Center of Sonoma County and NonProfitEasy / IQR Consulting or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
NonProfitEasy grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Volunteer Center of Sonoma County for use in accessing the Service.
(a) Trademarked Material. You own all your Marks provided by you in connection with your use of this Service (collectively, “Your Materials”). You hereby grant to NonProfitEasy a nonexclusive, royalty-free transferable, fully paid-up world-wide license to use, copy, display, transmit, publish and distribute Your Materials for the sole purpose of providing the services described in these terms and conditions. Without limiting the generality of the foregoing, You authorize Volunteer Center of Sonoma County to include Your name and logo in a press release, case studies or other announcements and on the Volunteer Center of Sonoma County Site.
(b) NonProfitEasy Material. NonProfitEasy and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by NonProfitEasy pursuant to these terms and conditions, including but not limited to the Services and any data, text, pictures, sound, graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description, provided by NonProfitEasy pursuant hereto.
7. TRADEMARKS. The names NonProfitEasy, MyWebGurus, NonProfitEasy.com, MyWebGurus.com, the NonProfitEasy logo, the MyWebGurus logo, HumanRaceNow, HumanRaceNow.org, the Human Race logo and any other product and service names that we may present on the Site from time to time may not be used in connection with any product or service that is not Volunteer Center of Sonoma County’s or NonProfitEasy’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Volunteer Center of Sonoma County or NonProfitEasy. Other trademarks, service marks or logos that appear on the Site or anywhere in the this service is rendered, in particular (but not exclusively) those of nonprofits registered with Volunteer Center of Sonoma County are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Volunteer Center of Sonoma County and the trademark owner.
8. COPYRIGHT. All content on this Site is owned by NonProfitEasy, Volunteer Center of Sonoma County, our clients, or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice. No other use of the Services’ content is permitted without the express prior permission of Volunteer Center of Sonoma County and/or NonProfitEasy, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to email@example.com or to Alicia Alexander at firstname.lastname@example.org.
9. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS. You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Each party represents and warrants that it shall perform its obligations in a manner that complies with the applicable federal, state and local laws, regulations, ordinances and codes (including identifying and procuring required registrations, certificates and approvals and posting of any necessary bonds). Without limiting the generality of the foregoing, you further warrant that you own or otherwise have sufficient rights to grant the licenses granted hereunder to Your Materials, have collected Your Materials in compliance with all applicable laws, rules, and regulations (including any infringement or misappropriation of U.S. patent, copyright, trademark or trade secret); and that the use and provision of Your Materials as contemplated herein will not infringe upon any intellectual property, privacy or other rights of any third party. NonProfitEasy, Volunteer Center of Sonoma County and its affiliates, officers, employees, agents, owners, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
b. Volunteer Center of Sonoma County makes no representation as to whether all or any portion of the online Donations is tax deductible. Volunteer Center of Sonoma County will have no liability for any claim by any federal or state tax authority with respect to the characterization by You or any User on each of the applicable federal and state tax returns;
c. NonProfitEasy and Volunteer Center of Sonoma County and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free or virus-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected;
d. any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
e. no advice or information, whether oral or written, obtained by you from Volunteer Center of Sonoma County, NonProfitEasy or through or from the service shall create any warranty not expressly stated in the TOS;
f. a small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. if you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service, immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions;
g. Volunteer Center of Sonoma County makes no representations regarding the use, distribution, tax treatment of contributions made to charitable organizations through the service; and
h. Volunteer Center of Sonoma County uses third party vendor to process credit card transactions and Volunteer Center of Sonoma County shall have no liability for the use, distribution, and transmission of funds by/through such vendors or to any charitable organizations.
10. FORCE MAJEURE. Neither party shall be liable for any default or delay in the performance of its obligations hereunder if, and to the extent that, such default or delay is caused by: fire, flood, earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any country; or any other similar cause beyond the reasonable control of such party. In such event the nonperforming party shall be excused from further performance of the obligation(s) so affected for as long as such circumstances prevail and such party continues to use its best efforts to recommence performance without delay.
11. TERM & TERMINATION. Your agreement to abide by these terms and conditions will commence automatically upon your initial use of this Service and continue until the earlier of (i) termination of your rights to use the Service by Volunteer Center of Sonoma County or (ii) your ceasing to use the Service. You agree that Volunteer Center of Sonoma County may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Volunteer Center of Sonoma County’s sole discretion and that Volunteer Center of Sonoma County shall not be liable to you or any third party for any termination of your account, associated email address, or access to the Service. Where applicable, these TOS shall survive any termination of user account or access.
12. USER CONDUCT PART II (Cont from Section 4). You must at all times use this Service in a responsible and legal manner. In particular, you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display or forward surveys, contests, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses. You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of this website and its tools and services.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by NonProfitEasy / Volunteer Center of Sonoma County and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the data and materials provided on the Service, in whole or in part, is strictly prohibited.
13. INTERSTATE NATURE OF COMMUNICATIONS ON NonProfitEasy NETWORK.
When you register with Volunteer Center of Sonoma County, you acknowledge that in using services to send electronic communications, you will be causing communications to be sent through NonProfitEasy’s computer networks, portions of which are located in California, and other locations in the United States and portions of which may be located abroad.
14. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
15. CONTRIBUTIONS TO NonProfitEasy
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to NonProfitEasy through its suggestion or feedback Web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) NonProfitEasy is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) NonProfitEasy shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) NonProfitEasy may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of NonProfitEasy without any obligation of NonProfitEasy to you; and (f) you are not entitled to any compensation or reimbursement of any kind from NonProfitEasy under any circumstances.
16. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this website or the Service (including your Account ID), use of the Service, or access to the Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this without express written consent. Any unauthorized use terminates the permission or license granted by NonProfitEasy / Volunteer Center of Sonoma County.
17. MODIFICATIONS TO SERVICE
NonProfitEasy / Volunteer Center of Sonoma County reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NonProfitEasy / Volunteer Center of Sonoma County shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the 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 advertiser. You agree that NonProfitEasy / Volunteer Center of Sonoma County shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Volunteer Center of Sonoma County has no control over such sites and resources, you acknowledge and agree that Volunteer Center of Sonoma County is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you receive a message from any unknown individual(s) or other information from the Service that looks suspicious, do not respond or make any donation or provide any personal information before investigating the situation and confirming for yourself that the sender and request are legitimate. As with any unsolicited solicitation, due caution should be taken by the recipient. For this type of information particularly, the phrase “Let the user beware” is apt.
21. TRADEMARK INFORMATION
The NonProfitEasy logo trademarks and service marks and other NonProfitEasy developed logos and product and service names are trademarks of NonProfitEasy, Inc. (the “NonProfitEasy Marks”). Without NonProfitEasy’s prior permission, you agree not to display or use in any manner the NonProfitEasy Marks. The information contained on this web site, or any other web site owned, operated, licensed, or controlled by NonProfitEasy, as well as the design and layout of such web sites, contains elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part. No text, logo, graphic, sound, or image from this web site may be copied without the express written permission of NonProfitEasy.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Volunteer Center of Sonoma County respects the intellectual property of others, and we ask our users to do the same. Volunteer Center of Sonoma County may, in appropriate circumstances, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please contact us.