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TERMS AND CONDITIONS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms of use, please do not use the Site. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF ILLINOIS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN CHICAGO, ILLINOIS.
  1. This web site (“Site”) is owned and operated by MysticFrost LLC, Volunteeripate.com (referred to as “Volunteeripate.com” herein). The Site and its contents may only be accessed for personal use. No material from Volunteeripate.com or any web site owned, operated, licensed or controlled by Volunteeripate.com may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Volunteeripate.com's copyright and other proprietary rights.
  2. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Volunteeripate.com or other respective owners which have granted Volunteeripate.com the right and license to use such Marks. Any use of content or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein.
  3. While Volunteeripate.com uses reasonable efforts to include accurate and up-to-date information on the Site, Volunteeripate.com makes no warranties or representations as to its accuracy. Volunteeripate.com assumes no liability or responsibility for any errors or representations in the content of this Site.
  4. Volunteeripate.com has no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily or involuntarily made public. If you choose to provide any of your personally identifiable information, you do so at your own risk; so be careful about what information you provide.
  5. The Site allows the arrangement of physical meetings, activities and event(s) at venues that include, but are not limited to, public areas, private homes or private retail facilities. Volunteeripate.com does not supervise these meetings, activities or event(s) and is not involved in any way with the actions of any individuals at these meetings, activities or event(s). Therefore, Volunteeripate.com has no control over the identity or actions of the individuals who are present at these meetings, activities or event(s), and Volunteeripate.com suggests that you use caution and sound judgment when attending these meetings, activities and event(s).
  6. You acknowledge and agree that your participation in any event(s) scheduled using the Site or in any other way connected with the Site is fully at your own discretion and Volunteeripate.com does not endorse or sponsor any such event(s). You further acknowledge and agree that any activity you participate in during the event(s) shall be purely voluntary and conducted at your own choice. You hereby assume all risks associated with any activities, including all risks of personal injury or property damage to yourself or others. As part of the Site, Volunteeripate.com may provide access to a waiver ("Waiver") for volunteers and/or other participants in the event(s) scheduled using the Site, which may include a click-through acceptance of the Waiver. The Waiver is provided by Volunteeripate.com as a convenience and it is your sole responsibility to verify the contents of the Waiver, whether the Waiver is accessed and acknowledged, and whether you receive reports verifying acknowledgment of the Waiver. Volunteeripate.com takes no responsibility for the failure of the Waiver to load, the unenforceability of the Waiver, and/or any other claims arising out of the Waiver. YOU DO HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE VOLUNTEERIPATE.COM, ITS SUCCESSORS, ASSIGNS, SHAREHOLDERS, OFFICERS, DIRECTORS, AND AFFILIATES (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF THE EVENT(S) OR IN ANY WAY CONNECTED WITH THE SITE EITHER ONLINE OR OFFLINE.
  7. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Volunteeripate.com is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
  8. Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. The user agrees not to impersonate any person and/or other entity or communicate under a false name or a name the user is not entitled or authorized to use. Volunteeripate.com has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
  9. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify Volunteeripate.com and its affiliates from any claims resulting from any content or materials you provide hereunder.
  10. The Site contains areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Volunteeripate.com may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
  11. You shall not transmit to Volunteeripate.com or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.
  12. Your use of the Site must be in accordance with the following:
    • Never send spam or any other unauthorized email.
    • Never harass, threaten or cause distress, unwanted attention or discomfort to a person or entity.
    • Not contain or transmit sexually explicit images or other content that is offensive.
    • Not contain or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party.
    • Not impersonate any person or communicate under a false name or a name not entitled or authorized to use.
    • Not violate (intentionally or unintentionally) any applicable local, state, national or international law, including but not limited to any regulations having the force of law.
    • You may not use your password for any unauthorized purpose.
    • By using the Volunteeripate.com service to contribute funds, you agree to the following:
      • You are at least 18 years of age.
      • You will comply with all local, state, regional & national laws in your area of residence.
      • You are to alert the Volunteeripate.com service staff about any unauthorized use of your User, Stripe or PayPal accounts. You may read the Stripe or PayPal User Agreement in its entirety here: Stripe PayPal
      • Tax & Legal Representations. As a condition of using our service, you represent to us that:
        • (a) The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post;
        • (b) You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project.
      • Prohibited Activities. You may not use the Volunteeripate.com service for activities that:
        • violate any law, statute, ordinance or regulation
        • relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) crime, (c) items that are considered obscene, (d) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (e) certain sexually oriented materials or services, or (f) ammunition, firearms, or certain firearm parts or accessories, or (g) ,certain weapons or knives regulated under applicable law,
        • relate to the promotion of commercial content (including website links) as the primary purpose of the SignUp, content that is created by an automated program, unwanted repetitive content, nonsensical content, or anything that appears to be a mass solicitation.
        • relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing,or (g) provide certain credit repair or debt settlement services,
        • involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent,
        • violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
        • involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, other ventures that facilitate gambling, games of skill and sweepstakes unless the operator has obtained prior approval from Volunteeripate.com and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
      • We encourage you to report violations of this Acceptable Use Policy to Volunteeripate.com immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email Volunteeripate.com's Compliance Department at: HelpDesk@Volunteeripate.com
      • In this document the following phrases are defined as:
        • Service: This web site, Volunteeripate.com.
        • User: An individual or entity that registers an account for the service.
        • Contributor or Donor: An individual or entity that makes a payment or contribution to an activity.
        • Volunteeripate.com processes payment transactions through 3rd-party payment solutions such as Stripe or PayPal and is not a chartered banking entity. All funds that are not part of a fee paid to Volunteeripate.com are paid directly to 3rd-party payment solutions. You will not hold Volunteeripate.com liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions.
      • Contributors, Donors and Users agree not to involve Volunteeripate.com in any litigation that occurs due to using the website Volunteeripate.com. Volunteeripate.com will not be held liable for any loss or damage due to failure to comply to the terms of this agreement.
  13. Termination. We may terminate your access to our Site for any reason. If you have had your account suspended, do not create a replacement account that engages in similar activity.
  14. U.S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Volunteeripate.com's proprietary rights in them. Volunteeripate.com web site pages may contain other proprietary notices and copyright information which should be observed.
  15. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. VOLUNTEERIPATE.COM SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, MYSTICFROST DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
  16. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MYSTICFROST OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF MYSTICFROST OR A MYSTICFROST AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  17. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
  18. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.
  19. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH.
  20. WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS.
  21. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
  22. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
  23. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
  24. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

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