Terms of Service

The terms of service set forth below and in the linked Privacy Policy (together, the “Agreement”) constitute a legally binding agreement between you and MobileServe LLC (“Company,” “we,” “us” or “our”) governing your access to and use of any or all of: our website, technology platform, mobile application, and any related products and services we may offer from time to time (each, including without limitation the user experience and all general and tailored content, a “Service,” and collectively, the “Services”).

  1. Effect of Agreement. This Agreement governs your rights and responsibilities with respect to the Company and the Services.  Please read it carefully.  If you do not understand all of the terms and conditions of this Agreement and agree to be bound by them, you may not access or use any of the Services.  If you are under the age of 13, you may not access or use any of the Services unless your parent has provided verified consent and agreed to be bound by this Agreement. 
    1. Consent to Agreement. By accessing or using any of the Services, including without limitation the public portion of our website, you enter into this Agreement and expressly acknowledge and represent (A) that you have the legal capacity and authority to enter into this Agreement and bind yourself (and, if accessing or using the Service or Services on behalf of an organization, your organization), and (B) that you (and, if applicable, your organization) understand and accept all of the terms of this Agreement and agree to be bound by them.  This Agreement will remain in effect as long as you continue accessing or using the Services.
    2. Special Terms. If you access or use any Service that is subject to terms or conditions additional to or different from those set forth herein (a “Special Service” subject to “Special Terms”), those Special Terms will be automatically incorporated into this Agreement and will, with respect to such Special Service, supersede any conflicting term or condition (if any) set forth herein.
    3. Updates to Agreement. We may, from time to time, modify the terms and conditions of this Agreement (including any Special Terms) and/or the information referenced in hyperlinks from this Agreement (each, an “Update”).  You agree and understand that we have the right to make such Updates at any time and for any reason, in our sole discretion.  We will update terms, conditions and information by posting the new or modified terms, conditions or information to this page or in another location where we provide information or Special Terms.  Each Update will be effective immediately upon posting and will become binding on you upon your consent to it.  Your access or use of any Services after the posting of any Update will constitute your consent to the Update and acceptance of the Agreement as modified by it.  If you cannot or do not agree to any Update, you must discontinue your use of the Service(s) to which it applies.
  2. The Services.
    1. Nature of Services. We have created and provide the Services to help organizations and their personnel (collectively, “Sponsors”) easily manage service events and participants, and to help event participants (“Volunteers”) easily track and report their service time.  The appearance and functionality of Services delivered by different channels (e.g., public website, private website, mobile application) may differ.  In order to access or use any Services beyond the public portion of our website, each Sponsor or Volunteer (each, a “User” and collectively, the “Users”) must maintain a User account (“MobileServe Account”).  The Services are not available to any person without a MobileServe Account or any person whose MobileServe Account is temporarily or permanently deactivated.
    2. Changes to Services. We may make changes to our Services, or to your ability to access or use the Services, at any time and for any legal reason or no reason, in our sole discretion.  Such changes may include, but are not limited to: adding, removing or otherwise altering the functionality or features of a Service; adding to or creating new limits on any Service; suspending or deactivating your MobileServe Account; or suspending or discontinuing any Service.  If we discontinue a Service, we will make every effort to give you reasonable advance notice and a chance to get information out of that Service.
    3. License to Access and Use Services. Subject to the terms of this Agreement, including but not limited to those set forth in Section 2(D), we hereby grant to each User with an active MobileServe Account a personal, revocable, worldwide, non-exclusive, non-transferable, non-sublicensable license to access and use (in executable form only) the Services, and the software provided by us as part of the Services, that we, in our sole discretion, may make available and permit such User to access.  All rights not expressly granted to Users in this Agreement are expressly reserved by us.  Some software used in our Services may be offered under an open source license which we will make available to you, and which may override some of these terms.  You acknowledge and agree that you have no rights to access or use the Services for any purpose other than their intended purpose.
    4. Termination of License. Your license, if any, granted pursuant to the preceding sentence is terminable by us in our sole discretion at any time, without prior notice, for any reason or no reason, and will in any case automatically and immediately terminate upon: (i) your attempt to transfer the license or grant a sublicense or (ii) our suspension or deactivation of your MobileServe Account.  You may, at any time and in your sole discretion, stop using the Services.
    5. Limitations on Use. With respect to your access and use of the Services and your MobileServe Account, you agree that you will not:
      1. impersonate, stalk, threaten, or otherwise harass any person;
      2. violate any law, statute, rule, permit, ordinance or regulation, including any applicable export and re-export control laws and regulations;
      3. use the Services at a time or in a manner that distracts you or prevents you from obeying traffic or other safety laws;
      4. attempt to access data not intended to be accessed by you or log in to an account that you are not allowed to access;
      5. attempt to access the Services using a method other than the interface and the instructions that we provide;
      6. interfere with or disrupt the Services or the servers or networks connected to the Services;
      7. post information or interact on the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
      8. use the Services for any commercial purpose, including without limitation, operating a service bureau, acting as an application service provider, or providing volunteer management to third parties;
      9. use the Services in any way that infringes the Company’s or any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights of publicity or privacy;
      10. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
      11. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
      12. “frame” or “mirror” any part of the Services, without our prior written authorization, or use metatags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
      13. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for or in connection with the Services;
      14. rent, lease, lend, sell, redistribute, license or sublicense the Services or access to all or any part of the Services;
      15. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or their contents;
      16. link directly or indirectly to any other websites without our express written consent;
      17. transfer or sell, or attempt to transfer or sell, your MobileServe Account, password and/or any identification to any other party;
      18. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; or
      19. cause any third party to engage in the restricted activities set forth herein.
  1. User Accounts.
    1. Creation. You may need a MobileServe Account in order to access or use some of our Services.  To obtain a MobileServe Account, you may register with us and create your own MobileServe Account or one may be created for and assigned to you by a Sponsor such as your employer or educational institution.  By registering, you certify that the information you provide is accurate and pertains only to you.  You are responsible for the security and use of your MobileServe Account.  If you are under the age of 13, you may not create or use a MobileServe Account unless your parent provided verified consent during the account creation process.  If you are a parent of a child under the age of 13, please see our Privacy Policy for information.
    2. Security and Use. You will need a password to access and use your MobileServe Account.  To protect your account and access to the Services, keep your password confidential and do not reuse your MobileServe Account password on any third-party applications or websites.  You are solely responsible for all acts conducted through your MobileServe Account.  It is a violation of this Agreement for you to permit anyone else to access or use your MobileServe Account.  If you are using a MobileServe Account assigned to you by a Sponsor, additional terms may apply and administrators affiliated with your Sponsor may be able to access, disable and/or terminate the account.
    3. Profile and Settings. If you have a MobileServe Account, we may display your profile name, profile photo, and actions you take on the Services. Such information may be visible to Sponsors and other Volunteers with whom you connect on the Services.  We will respect the choices you make in your MobileServe Account settings to limit sharing or visibility.  You can find more information about how MobileServe uses and stores content in the Privacy Policy and in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
  2. Communications By creating a MobileServe Account, or using a MobileServe Account created for you by a Sponsor, you agree to receive communications from us, including via email, text message, phone call, and push notifications.  Communications from us may include but are not limited to: messages concerning your MobileServe Account or use of the Services and other administrative messages and service announcements.  You may opt out of some of these communications.  Standard text messaging or data charges applied by your mobile phone carrier will apply to any communications you receive on your mobile phone.
  3. We will not sell your personal information or do anything with your personal information that is not directly related to our provision of the Services.  Our Privacy Policy ([link]) provides information about our policies and practices regarding the personal information and other User Data (as defined below) of all users, including individuals under the age of 13.  The Privacy Policy is incorporated herein by reference.  By entering into this Agreement, you authorize us to use your User Data (as defined below) in accordance with the Privacy Policy.
  4. Intellectual Property.
    1. Copyright. We respond to notices of alleged copyright infringement and terminate the MobileServe Accounts of repeat infringers according to the process set forth in the U.S. Digital Millennium Copyright Act (“DMCA”).  If you believe in good faith that materials hosted on our Services infringe your copyright, you may send us a notice at support@MobileServe.org requesting that the infringing materials be removed, or access to them blocked. Such notice must meet statutory requirements imposed by the DMCA and must be in writing.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  We do not provide legal advice and suggest that you discuss any contemplated notice or counter-notice with an attorney.
    2. Our Intellectual Property. All intellectual property rights owned by the Company, including without limitation: source and object code; executable code; algorithms; databases; web pages; manuals and other documentation; inventions; copyrights in software; registered and unregistered trademarks, service marks and trade names; logos; branding; trade secrets; methods; and other tangible or intangible intellectual property (“Company IP”), is and will remain the property of the Company regardless of your ability to access or use it the course of your access and use of the Services under this Agreement.  This Agreement does not transfer title to Company IP or grant you any rights to Company IP other than the license set forth in Section 2(C).  Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.  This Agreement does not grant you the right to use any branding or logos used in our Services.  You may not remove, obscure, or alter any legal notices displayed in or along with our Services.
    3. User Data. Some of our Services allow you to upload, submit, store, send or receive (“provide”) content, including without limitation your name, email address, mailing address, telephone number and other personal information (all such personal information together with all other content provided by you or on your behalf, your “User Data”).  Our automated systems analyze your User Data (including emails) to provide you personally relevant product features, such as customized search results, tailored content, and spam and malware detection. This analysis occurs as the User Data is sent, received, and when it is stored.  You retain ownership of any intellectual property rights that you hold in that User Data. Subject to the terms of this Agreement, you grant to us the non-exclusive, worldwide right to use, host, store, reproduce, modify, transmit, publish, publicly perform, publicly display and distribute your User Data hosted on the Services in accordance with the terms of the Privacy Policy, for the limited purpose of operating, promoting and improving our existing Services and developing new Services.  This license continues even if you stop using our Services (for example, for display of an organization listing you added to our opportunities engine).  Some Services may offer you ways to access and remove User Data you have provided or to narrow the scope of our use of the User Data submitted in those Services.  Do not provide to our Services any User Data for which you do not have the necessary rights to grant us the license contemplated by this Section.  You acknowledge that you have no rights with respect to the User Data of any Sponsor or Volunteer other than yourself.
    4. Third-Party Content. The Services display some content that is not ours or yours.  This content is the sole responsibility of the individual or entity that makes it available.  You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law.  We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law, but we do not review third-party content as a matter of course.
  5. Confidentiality You agree not to use any technical, financial or other proprietary or confidential information relating to our business, operations or Services, including without limitation User Data other than your own, obtained by you in connection with or as a result of your use of the Services (collectively, “Confidential Information”) for your own use or for any purpose not authorized by this Agreement.  You will not disclose or permit disclosure of any Confidential Information to third parties.  You will take all reasonable measures to protect and avoid disclosure of Confidential Information in order to prevent it from entering the public domain. Notwithstanding the foregoing, “Confidential Information” will not include information that (i) was already known to you at the time of its disclosure by us, (ii) is generally available to the public or becomes publicly known through no wrongful act by you, or (iii) is received by you from a third-party who has a legal right to provide such information to you.
  6. Indemnity You (and your organization, if applicable) agree to hold harmless and indemnify us, and our affiliates, officers, agents, and employees, from any claim, suit or action arising from or related to your use of the Services or violation of this Agreement, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs or attorneys’ fees.
  7. Limitation of Liability. THE COMPANY AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION FINANCIAL LOSSES OR LOST PROFITS, REVENUES OR DATA, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE BREACH HEREOF, REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED (IF ANY), IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).  IN ALL CASES, THE COMPANY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.  NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS PARAGRAPH IS INTENDED TO LIMIT OR RESTRICT THE INDEMNIFICATION RIGHTS OR OBLIGATIONS SET FORTH UNDER SECTION 8.
  8. Disclaimer of Representations and Warranties. THE SERVICES ARE PROVIDED “AS-IS.” WE MAKE NO REPRESENTATIONS ABOUT THE SERVICES, THEIR CONTENT, FUNCTIONS, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
  9. VolunteerMatch
  • Use and distribution of the VolunteerMatch Listings and/or VolunteerMatch Services are limited to the User’s personal, noncommercial purposes.
  • Title to and ownership of the VolunteerMatch Listings remains with Company’s suppliers.
  • The User may not (a) alter or modify the VolunteerMatch Listings, (b) copy, reproduce, republish, post, transmit, sell, offer for sale, publicly display, or redistribute (except as set forth above) the VolunteerMatch Listings or VolunteerMatch Services, or any portion thereof, in any way, or (c) reverse engineer, decompile, disassemble, or in any way attempt to derive the source code for the VolunteerMatch Services.
  • All express and implied warranties regarding the VolunteerMatch Listings and VolunteerMatch Services are disclaimed on behalf of Company’s suppliers.
  • All consequential, special, and indirect damages are disclaimed on behalf of Company’s suppliers.
  • All liability arising from or related to the User’s correspondence or relationship with third parties found on or through the VolunteerMatch Services is disclaimed on behalf of Company’s suppliers.
  1. Miscellaneous
    1. Complete Agreement. This Agreement contains the entire agreement between you and us with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements and understandings, whether written, oral or implied, with respect to the subject matter hereof.
    2. Binding Effect. This Agreement is binding upon and inures to the benefit of you and us and your and our respective heirs, personal representatives, successors and permitted assigns.  Nothing in this Agreement is intended to, or will, confer any rights or benefits upon any third party.
    3. Survival. Sections 1(C), 2(D), 4, 6, 7, 8, 9, 10 and 11 shall survive any termination or expiration of this Agreement.  Upon the termination or expiration of this Agreement, the license granted to you herein terminates immediately, and you agree to immediately cease use of the Services.
    4. Applicable Law; Jurisdiction. All questions or disputes relating to (i) the Services or (ii) the interpretation, construction, validity, performance or enforcement of this Agreement and your or our rights, interests or obligations hereunder will be governed by the laws of the Commonwealth of Kentucky, without giving effect to any provisions, rules or principles that would result in the application of the law of any other jurisdiction.  Any litigation with respect to this Agreement or the Services will be venued solely in the federal or state courts located in Jefferson County, Kentucky.  You and the Company each agree to submit to the exclusive jurisdiction of such courts and waive any right to dispute such courts’ personal jurisdiction over you or us.
    5. Assignment. By entering into this Agreement, you agree that we may, without further notice to you and without obtaining your express consent, assign this Agreement and/or part or all of our rights, interests and obligations hereunder, to any person that acquires any of the Services, whether or not in connection with an acquisition of all or substantially all of our assets.  Except as set forth in the previous sentence, neither this Agreement or any of the rights, interests or obligations hereunder may be assigned by you or by us (whether by operation of law or otherwise) without the prior written consent of the non-assigning party.
    6. Headings. Captions and headings in this Agreement are included solely for convenience in locating its provisions and are not to be used in the interpretation or construction of this Agreement.
    7. Severability; Blue Pencil Doctrine. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect: (i) such provision shall be deemed amended to the minimum extent necessary to make it valid, legal and enforceable, and (ii) the remaining provisions will not be affected and will remain valid and enforceable as written.
    8. No Waiver. The provisions contained in this Agreement may be waived only by a written instrument executed by the party waiving compliance.  Any such waiver will be effective only in the specific instance and for the specific purpose for which it was given, and will not be deemed a waiver of any other provision of this Agreement or of any other or future breach or default of the same provision of this Agreement.  If you or we delay or fail to exercise any right under this Agreement, that delay or failure will not operate as a waiver of that right, and no single or partial exercise of any right will preclude any other or further exercise of that right or any other right.
    9. No Agency. The relationship between you and us is solely that of independent contracting parties.  This is not an employment agreement and does not create an employment relationship between you and us.  Nothing in this Agreement is intended to, or does, create any joint venture, franchisor-franchisee, partnership, or agency relationship between you and us.  You have no authority to bind us, and you agree not to hold yourself out as an employee, agent or authorized representative of the Company.
    10. Remedies Cumulative. Except as set forth elsewhere in this Agreement, the rights and remedies available to you or to us under this Agreement are cumulative and will not limit or eliminate any other rights or remedies that may be available.
    11. Notice. Notices of Updates may delivered as set forth in Section 1(C) and any other notice to you permitted or required by this Agreement may be delivered to you through your MobileServe Account or by phone call, email, text message, Facebook message, push notification, or other electronic delivery to a phone number, address, or account linked to your MobileServe Account or otherwise designated by you to receive communications from us.  In the event that you have provided us with a facsimile number or mailing address, we may also or in the alternative send notice to you by facsimile, first class mail (postage prepaid) or courier at that number or address, as the case may be.  You agree that any notice sent to you by any of the means set forth in this Section will be effective for all purposes under this Agreement.  Except as otherwise expressly provided herein, any notice to us permitted or required by this Agreement will be effective only if in writing and delivered by certified mail, postage prepaid, to: MobileServe LLC, Attn: Terms and Conditions, 739 E. Oak Street, Suite #4, Louisville, KY 40203.

(last updated 6/13/2018)