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updated November 20, 2013
Pat
V. Sonti, Volunteer Mentor (hereafter, “Volunteer Mentor”) operates this Blog (hereafter,
the "Site") which shall also include any other blogs, websites,
portals, including but not limited to, various forms social media owned and
operated by Volunteer Mentor, services related to such operation, or any
communications related to Volunteer Mentor). Volunteer Mentor is utilizing
various Site Services such as blog/website template, various related content
and other related services (Site Services”) provided by Blogger and/or Google (hereafter,
“Blogger”). This Site was designed by Volunteer Mentor based on Site Services
owned and copyrighted by Blogger. The various Site Services of Blogger are
protected by copyright, trade secret, and other intellectual property laws. For
all terms and conditions and related details of Blogger and their Site services,
all
must refer directly to Blogger.
All
references hereafter to Volunteer Mentor and, where appropriate, if any, its
employees, officers, directors, shareholders, agents, consultants, assignees,
affiliates, partners, contractors, attorneys, accountants, advertisers, and any
and all other individuals and organizations providing products and services on
behalf of Volunteer Mentor. By using the Site, you, the user of the Site
("you"), agree to the terms, conditions, notices and guidelines
contained in this Terms and Conditions of Use Agreement (the
"Agreement") and all modifications hereto. We reserve the right, at
our discretion, to change, modify, add, or remove portions of this Agreement at
any time. Visitors to the Site should periodically check for changes to this
Agreement. Your continued use of the Site following the posting of changes to
this Agreement means you accept those changes. Please contact Volunteer Mentor
with any questions regarding this Agreement using the "Contact" section of the Site. IF YOU DO
NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE. VOLUNTEER MENTOR RESERVES THE RIGHT TO REFUSE OR REVOKE SERVICE TO ANY PARTY AT ANY TIME.
Such decisions will be made by Volunteer Mentor in its sole discretion.
1. Intellectual Property. The Site and all
of its content including, but not limited to, articles, other text,
photographs, illustrations, graphics, product names, designs, logos, video
material, audio clips and other content (collectively, "the Intellectual
Property") are protected by copyright, trademark, and other laws of the
United States, as well as international conventions and the laws of other
countries. The Intellectual Property is owned or controlled by Volunteer Mentor,
Blogger or the party credited as the provider or owner of the Intellectual
Property. The compilation (meaning the collection, arrangement, and assembly)
of all content on the Site is the exclusive property of Volunteer Mentor, Blogger
or the party credited as the provider or owner of the Intellectual Property and
protected by U.S. and international copyright laws. All software used on the
Site is the property of Volunteer Mentor, Blogger or the party credited as the
provider or owner of the Intellectual Property or commercial software suppliers
and is protected by U.S. and international copyright laws. Subject to the terms
and conditions hereof, you may view, copy, download, or print material
appearing on the Site subject to the following conditions:
The
material may only be used for your personal, non-commercial use;
The
material may not be modified;
All
copyright, trademark, and other proprietary notices contained in all such copies
must be kept intact; and;
The
copyright notice and permission notice: "Copyright © [insert year] Pat V.
Sonti, Volunteer Mentor. All rights reserved. Protected by the copyright laws
of the United States and international treaties" and / or "Copyright
© [insert year] Blogger. All rights reserved. Protected by the copyright laws
of the United States and international treaties" must appear on each copy.
The
copying, modification, revision, reproduction, republication, uploading,
posting, transmission, or distribution for commercial or non-personal purposes
of any other material or element from the Site including, but not limited to,
the design or layout of the Site, individual elements of the Site's design, or
the Volunteer Mentor’s logo without the express written permission of Volunteer Mentor and / or Blogger, or other owners of the Intellectual Property
is strictly prohibited. For purposes of this Agreement, the use of any such
material on any other website or networked computer environment is prohibited.
2. User Submissions. Any messages,
suggestions, materials, photos, works of art or authorship, ideas, or concepts
that are submitted through the Site shall become, and remain, the property of Volunteer Mentor. You agree that any submissions, in whole or in part, may be used by Volunteer Mentor or any of its affiliates for any purpose including modification,
reproduction, transmission, publication, broadcast, and posting in any media.
You additionally agree that Volunteer Mentor is free to use any ideas,
concepts, techniques, or know-how contained in any communication you send to or
post on or via the Site for any purpose whatsoever including, but not limited
to, developing, manufacturing, marketing, and selling products and services
based upon such information without any obligation to compensate you or anyone
else for them. By making such submissions, you are assigning and transferring
any and all right, title and interest in those submissions to Volunteer Mentor,
including any moral rights. You represent and warrant by submitting any
materials that such submission does not infringe any third-party intellectual
property rights. You agree not to transmit any unlawful, threatening, libelous,
defamatory, obscene, pornographic, or profane material, or any other material
that could constitute or encourage conduct that could be considered a criminal
offense or violate any law. Further, you agree not to use any facilities or
resources available on or through Volunteer Mentor to perpetrate prohibited
conduct, whether against Volunteer Mentor, or any other third party. Examples
of prohibited conduct include, but are not limited to chain letters,
pornography, or other communication that creates a nuisance or is otherwise
offensive to the recipient or the Volunteer Mentor’s clients and customers.
DO NOT POST YOUR PERSONALLY
IDENTIFIABLE CONTACT INFORMATION IN ANY PART OF THE SITE, INCLUDING YOUR E-MAIL
ADDRESS.
3. Trademarks. The trademarks, logos, and
service marks, including but not limited to, Volunteer Mentor, Blogger or the
party credited as the provider or owner of the Intellectual Property,
(collectively, the "Trademarks") displayed on the Site are the
trademarks of Volunteer Mentor , Blogger or the party credited as the provider
or owner of the Intellectual Property. Nothing contained in the Site should be
construed as granting by implication, estoppel or otherwise, any license or
right to use any Trademark displayed on the Site without the written permission
of Volunteer Mentor, Blogger or the party credited as the provider or owner of
the Intellectual Property that owns the Trademarks displayed on the Site. Your
use of the Trademarks displayed on the Site, or any other content on the Site,
except as provided in this Agreement, is strictly prohibited.
4. User Responsibilities. If you choose to
become a registered user of any of part of the Site, you agree that you will
conduct yourself in a mature manner that lends itself to civil discourse. You
also agree that you will provide true, accurate, current and complete
information about yourself as prompted by the registration process. You also
agree to update that information as necessary to maintain its accuracy. If your
behavior leads to complaints from other users or you provide any information
that is untrue, inaccurate, not current or incomplete, or if Volunteer Mentor has
reason to believe such information is untrue, inaccurate, not current or
incomplete, Volunteer Mentor has the right to suspend or terminate your account
and refuse you any or all current and future use of any of the Site, or the
services and products Volunteer Mentor offers.
5. Memberships. Only when, if, and as
applicable, payment for the services or products provided to you at and / or
through this Site may be made by automatic credit card or check debit and you
hereby authorize Volunteer Mentor to transact such payments on your behalf. If
you purchase a membership to Volunteer Mentor, you hereby agree that Volunteer Mentor
may immediately authorize your credit card (or other approved facility) in the
amount equal to the then current membership rate. Membership fees are earned
upon receipt and are non-refundable whether or not the cancellation is at your
request. By making such a purchase you also authorize Volunteer Mentor to
charge the then prevailing membership amount to your credit card (or other approved
facility) again during each subsequent membership period. If you decide to
terminate your membership you must do so AT LEAST one day prior to the end of
the then current period to avoid being charged further. For your convenience,
if you do not cancel at least one day prior to the end of the then current
membership period, you are agreeing to continue as a member upon the terms and
conditions set forth herein, including the continued charging of your credit
card (or other approved facility) at the then current periodic rate until you
cancel your membership. If you have a question about a transaction on your
credit card statement, please use the links in the “Contact” section. As a
member of Volunteer Mentor you agree that your membership is non-transferable
and may not be assigned or transferred to any other person or entity, nor may
you provide any other person or entity access to your subscription, either
directly or indirectly. You must keep your password strictly confidential. You
agree to be personally liable for all charges you incur during or through the
use of the Site. Your liability for such charges shall continue after
termination of your membership for any reason.
6. Privacy. By accepting this Agreement,
you expressly consent to our use of your personal information as explained in
our “Privacy Policy”, which is on the “Home” webpage of the Site by reference.
7. Electronic Order Entry Risk Disclosure and
Disclaimer. By accepting this Agreement, you expressly consent to the terms,
as and when if applicable, of Electronic Order Entry Risk Disclosure and
Disclaimer for any products and / or services and related e-commerce transactions
as explained in our “Electronic Order Entry Risk Disclosure and Disclaimer”,
which, as and when available, will be on the “Home” webpage of the Site by
reference.
8. Limits on Liability. Volunteer Mentor is
not liable for:
The
contents of any communication, message, or other information sent by you or
third parties to Volunteer Mentor, or posted by you or other third parties on
any part of the Site;
The
contents of any website not designed, controlled, owned, or operated by Volunteer Mentor that is accessed from or linked to any part of the Site;
Any
damages or injury caused by, including but not limited to, any failure of
performance, error, omission, interruption, defect, delay in operation of
transmission, computer virus, or line failure;
The
results of any interpersonal interactions to which you are exposed or in which
you become involved through the Site or other Volunteer Mentor products and
services, and;
Any
direct, indirect, incidental, special, or consequential damages arising out of
or relating to use of or inability to use any of the Site or related services,
or download any of the software through any of the Site, even if Volunteer Mentor
has been advised of the possibility of such damages. If you are dissatisfied
with any portion of any of the Site, or with any of these Terms of Use, your
sole and exclusive remedy is to discontinue using the Site.
The
Site may include links to other Internet sites, both related and unrelated to
the Site. Additionally, other sites may link to the Site with or without the
permission of Volunteer Mentor. Volunteer Mentor is not responsible for the
content or availability of these sites. Descriptions of or references to
individuals, companies, products, services or publications not owned by Volunteer Mentor on the Site or any linked website do not imply any endorsement of such
individuals, companies, products, or publications by Volunteer Mentor. Volunteer Mentor shall not be liable for any damages or costs arising out of or in any way
connected with your use or involvement with any of the individuals, companies,
products, services, or publications accessed through the Site.
9. Indemnification. You agree to indemnify
and hold Volunteer Mentor, if any, its shareholders, directors, officers,
employees, agents and representatives harmless from all claims, liabilities,
losses, damages, and expenses (including attorneys' fees and expenses) arising
out of or relating to (a) your use of any parts of the Site or related
services; (b) your use of any products or services offered by third-parties
through the Site; (c) your download and/or use of any of the software available
for download through any part of the Site; or (d) your alleged breach of this
Agreement.
10.
Disclaimer of Warranties. The
information, material, services, and products (including the products and
services offered through the Site and provided by third parties) included on
any part of the Site may include inaccuracies, typographical errors, “bugs” and
other problems. Volunteer Mentor may make changes or improvements to the Site
at any time.
ALL OF THE CONTENT, PRODUCTS
AND/OR SERVICES ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, VOLUNTEER MENTOR DISCLAIMS ALL
WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VOLUNTEER MENTOR
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR IT’S CONTENT,
INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, ON THE SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. VOLUNTEER MENTOR DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE
AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND/OR SERVICES OFFERED THROUGH
THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, TIMELINESS, OR OTHERWISE.
USE OF THE SITE, INCLUDING
BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE
DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND/OR SERVICES OFFERED THROUGH THE
SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS
EXCLUSIVELY WITH YOU.
11.
Termination. In addition and without
prejudice to any other legal or equitable remedies available to Volunteer Mentor,
Volunteer Mentor may terminate this Agreement at any time and for any reason
whatsoever. You may terminate this Agreement by closing your account with Volunteer Mentor, and paying any and all outstanding balances owed by you to Volunteer Mentor
under that account. You agree that the entire and sole remedy available to you
in case of any complaint or damages incurred by your use of the Site is the
refund of your most recent membership fee payment, if any.
12.
Jurisdiction. This Agreement shall
be governed by the laws of the State of New Jersey, United States of America applicable to contracts
entered into and performed exclusively in that State. Any court of competent
jurisdiction sitting within the Newark, New Jersey will be the exclusive
jurisdiction and venue for any dispute arising out of or relating to this
Agreement. The losing party shall pay all reasonable fees and costs (including
attorneys' fees) resulting from any claim or dispute arising from this
Agreement. Volunteer Mentor makes no representation that content on any part of
the Site is appropriate or available for use in other locations. Those who
choose to access any part of the Site from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. The Site may contain references to products
or services not available in all countries. Volunteer Mentor does not market
all of its products or services in all countries. Software from any part of the
Site may be subject to U.S. and Canadian export controls.
13.
Miscellaneous. This Agreement
constitutes the entire agreement between the parties, and supersedes all prior
written or oral agreements or communications with respect to the subject matter
herein. Sections 1, 2, 3, 5, 6, 8, 11, 12, 13 and 14 of this Agreement shall
survive any termination or cancellation of this Agreement. If any term of this
Agreement is declared unlawful, void or for any reason unenforceable by any
court, then such term will be deemed severable from the remaining terms and
will not affect the validity and enforceability of such remaining terms. The
section headings in this Agreement are for convenience only and must not be
given any legal import. This Agreement may be assigned by Volunteer Mentor at
any time. A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial proceedings or administrative
proceedings based upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
14.
Equal Opportunity Employer. Volunteer Mentor reserves the right to post information about employment opportunities
with the Volunteer Mentor on any part of the Site. Volunteer Mentor is an equal
opportunity employer, employing people without paying attention to race, sex,
religion, nationality, age or disability.
15.
Contact. For further information
about Volunteer Mentor or the Site, please visit the "Contact" section of the Site.
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