PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEB SITE TO PARTICIPATE WITH THE PRESIDENTS VOLUNTEER SERVICE AWARD PROGRAM YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
This website is operated by Points of Light (“POL”). These Terms and Conditions apply solely to your access to, use of, applying to become an official Certifying Organization and purchasing/certifying awards to be issued to individuals on the presidentialserviceawards.org website operated by POL and other websites which link to these Terms of Service (the "Sites"). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with POL for products, services or otherwise.
We reserve the right to change or modify any of the terms and conditions, policy or guidelines of the Sites, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites. As a participant of the program you will be required to agree to the newly posted terms and conditions before you can conduct any activity on the Sites. This includes ordering awards and having access to your account information.
All questions or comments about the Sites or content should be directed to [email protected]
Unless otherwise indicated on the Sites, the Sites and all content and other materials on the Sites, including, without limitation, the logos of POL, AmeriCorps and PVSA, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the property of POL and AmeriCorps or its licensors or administrators and are protected by U.S. and international copyright laws.
All logos and slogans contained in the Sites are trademarks of POL, AmeriCorps, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission from POL, AmeriCorps or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "PVSA" or any other name, trademark or product or service name of PVSA without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of POL and AmeriCorps and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
Use of the Sites does not entitle you to any of the following: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of POL or AmeriCorps, is strictly prohibited and may terminate participation with the PVSA program within the sole discretion of POL and subject you to all other penalties available under the law. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes, including the Digital Millennium Copyright Act referred to below. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Use of the site and participation with the program is revocable at any time.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, POL has adopted a policy of terminating, in appropriate circumstances as determined by POL in its sole discretion, volunteers or Certifying Organizations who are deemed to be repeat infringers of the rights of others with respect to copyrighted or trademarked material. POL may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You may not use the PVSA logo or other proprietary graphic material on the PVSA website to link to the Sites without the express written permission of POL. Further, you may not use, frame or utilize framing techniques to enclose any PVSA trademark, logo or other proprietary information, including the images found on the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without POL's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of POL or any third party.
POL makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party website accessible by hyperlink from the Sites, or websites linking to the Sites. Such websites are not under the control of POL and POL is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. POL provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by POL of any site or any information contained therein. When you leave the Sites, you should be aware that our Terms and Policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
We may make third party information and other content available on or through the Sites (the "Third Party Content") as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the Sites ("Third Party Products and Services"). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. POL does not control, endorse or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that POL is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
POL may run advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party organizations, products, or services on the Sites. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. POL is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-PVSA advertisers or third party information on the Sites.
You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Sites or PVSA that are provided by you in the form of email or other submissions to PVSA, or any postings on the Sites, are non-confidential and shall become the sole property of PVSA. We may utilize your materials in conjunction with the promotion of the PVS program, in marketing/press materials and to report on program performance.
Organizations/Companies can become a participating Certifying Organization if they meet and maintain the criteria required to perform the duties of the program. Certifying Organizations must meet the following qualifications:
Certifying Organizations must perform the following duties to maintain an active status with the PVSA program:
Volunteers that wish to participate in the PVSA program must meet the following criteria to earn the highest honors – Presidential recognition:
POL reserves the right to revoke, unilaterally and in its sole discretion, any awards received and/or terminate participation with the program for any individual volunteer or Certifying Organization found in violation of any of the Terms and Conditions that govern the PVSA program.
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to PVSA, to keep such information accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to PVSA.
You agree to defend, indemnify and hold harmless POL, AmeriCorps, the PVSA program, their independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites, your use of the Interactive Areas, or any act or omission relating to the Sites or the User Content, including without limitation any actual or threatened suit, demand or claim made against PVSA and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Service or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PVSA, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OFA DISCLAIMS ALL OTHER WARRANTIES,
POL reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by POL.
IN NO EVENT SHALL POL, AmeriCorps, OR ANY OF THEIR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, SPECIAL, INDIRECTOR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PVSA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PVSA's RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OFA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO OFA FOR ACCESS TO OR USE OF THE SITES.
These Terms of Service and your use of the Sites shall be governed by and construed in accordance with the laws of Atlanta, Georgia applicable to agreements made and to be entirely performed within Atlanta, Georgia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in Atlanta, Georgia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.
Notwithstanding any of these Terms and Conditions, POL reserves the right, without notice and in their sole discretion, to terminate your participation with the Sites, and to block or prevent future your participation with the program.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments about the Sites may be directed to POL at the email address [email protected].