Terms of Service
Updated March 30, 2016
Mission and Purpose
Welcome to Mobilized.org, a website provided to you by Rotunda Software, LLC (sometimes referred to herein as "Company", "Mobilized", "we", "us" or "our"). Mobilized (sometimes referred to herein as "Website") helps organizations (sometimes referred to herein as "Organizations") leading group trips collect the information they need about their participants (sometimes referred to herein as "Participants") and manage the Participants through the trip preparation process.
Please ensure that you review all the following Terms of Service of the Company carefully before using www.mobilized.org. These Terms of Service apply to both Participants and Organizations (sometimes referred to herein as "you" or "your").
Mobilized offers a collection of services (the "Services") on or through this Site to help Participants and the Organizations leading them. These Services include, without limitation:
Mobilized Software. A web-based software service that enables Organizations to collect information about and manage their Participants using one simple tool. Mobilized Software includes an interactive "Trip Hub" where Participants can go to get information about their upcoming trip, share information and interact virtually with trip leaders and each other.
Some of our Services may be subject to additional terms and conditions adopted by third party suppliers, and your use of those Services is subject to those additional Terms of Service. Mobilized is not the same company as for example, PayPal, Stripe, DocuSign, WePay, or FirstGiving, and their fees and commissions are subject to change without notice from us. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.
We reserve the right, at our sole discretion, to modify or replace these Terms of Service, of, or change, suspend, or discontinue all or some of the Services (including, but not limited to, the availability of any feature, database, or content, sometimes referred to herein as "Content") at any time and for any reason. Your continued use of the Services after any such changes constitutes, and will be conclusively construed as, your review of, acceptance and agreement to such changes in these Terms of Service and Services.
Use of Services
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms of Service or law. The Services are provided only for Organizations, Participants and any persons assisting a Participant in fulfilling payments. You are responsible for all of your activity in connection with the Services. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that: is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, offensive, profane, or invasive of another's privacy; you know is false, misleading, or inaccurate; infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract; constitutes unsolicited or unauthorized advertising or promotional material or any junk mail or spam; impersonates any person or entity; and/or in any way that constitutes an abuse of the Services, including, but not limited to the access of the Services in order to create a similar or competitive service, bypass any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services); take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on us or our third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Website; take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on us or our third-party providers’ infrastructure; run Listserv, Maillist or any form of auto-responder or "spam" on the Website; or use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website.
We reserve the right to, at any time, for any reason, and without notice: remove or block any User of the Website (sometimes referred to herein as "User") or submission of any User (sometimes referred to herein as "User Submission"); delete, edit, or modify any Content, including, but not limited to, any User Submission; terminate the right of an Organization to use the services and Website if it knowingly and willingly adds content that is false, misleading, or inaccurate.
Communication and Sharing
Mobilized’s "Trip Hub" provides a platform for disseminating information for upcoming trips. You agree that content submitted on the Trip Hub will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have written permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein. The Website includes private Community Pages where participants can post your observations and comments on upcoming trips. We cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Website. The Company is not responsible for a User's misuse or misappropriation of any content or information that you post in any community forums, blogs, and other sections of the Website.
When a Participant signs up for a trip and pays a deposit and/or submits trip fees, the Participant has an opportunity to review and accept the refund and cancellation policy of the organization hosting the trip (sometimes referred to herein as the "Host Organization"). All fees paid are subject to the refund and cancellation policy of the Host Organization. Additional fees, including but not limited to late fees, penalties, optional upgrades and side trips, will be handled by the Host Organization and request for additional payment will come directly from the Host Organization. We have no responsibility or liability for the Host Organizations fees or refund or cancellation policy, or for any refunds that may be due from the Host Organization.
All fees associated with using the Website are quoted in U.S. dollars. The Organization is responsible for paying all fees and applicable taxes associated with our Website and Services in a timely manner with a valid payment method. Failure to do so will result in the suspension of an Organization’s account and termination of its right to any further use of the Services and Website.
Organizations are responsible for ensuring that the trips posted on the Website accurately reflect the nature of the trip. Failure to do so may result in removal of the Organization’s trips from the Website. We have no responsibility or liability for any descriptions of Trips, fundraising, or any other activity of an Organization on our Website.
Trip Hub Registration
You may view Content on the Website without registering, but as a condition of using certain aspects of the Services, you may be required to register with us and select a user name ("User Name") and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account and no further right to use the Services and Website.
We reserve the right in our sole discretion to refuse registration of or cancel a User Name. In lieu of creating a User Name and password for the Website, Users are permitted to register with the Website using pre-approved social networking accounts.
You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Website. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach. Fundraising using the Website requires signing up for a trip ("Trip") from an Organization already using Mobilized services.
Travel is inherently risky. By going on a Trip, you acknowledge and accept these risks and those associated with living and working in often remote and underserved areas. As a Participant, be aware that some Trip activities may be outside of your personal travel insurance coverage. The Company is not liable (to the maximum extent of the law) for any loss or harm you may suffer, including but not limited to loss caused by: delay, bodily injury or death, damage to or loss of property, emotional upset, war or terrorism, or natural disasters.
The Services permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Website. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with the Company.
You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource. Any decision to utilize a third-party’s services is done at YOUR OWN RISK.
You may not use any Mobilized logo or other Mobilized trademark without prior written permission from the Company.
Content and License
You agree that the Website contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal rights, information, and restrictions contained in any Content accessed through the Website. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any rights of the Company or any third party, provided, however that if you are an Organization that has agreed to these Terms of Service, you may use the content in the manner and for the purpose outlined by the Services and Website.
Intellectual Property of Users
By submitting User Submissions on the Website or otherwise through the Services, you agree to the following terms: The Company will not have any ownership rights over your User Submissions. However, the Company needs and you hereby grant the following license to perform and market the Services on your behalf and on behalf of its other Users and itself: You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Services and the Website, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Website (and derivative works thereof) or the Services in any media formats and through any media channels (including third-party websites); (ii) take whatever other action is required to perform and market the Services and the Website; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Services and the Website; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Services and Website. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions.
The Company takes copyright infringement violations very seriously. You agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have written permission from the rightful owner of the material, or you are otherwise legally entitled, to post the material and to grant the Company all of the license rights granted herein. You will pay all royalties and other amounts owed to any person or entity based on your submitting User Submissions to the Website Services or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Service. The use or other exploitation of User Submissions by the Company and Users as contemplated by these Terms of Service will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
All information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which that content originated. The Company will not be liable for any errors or omissions in any Content. The Company cannot guarantee the identity of any other Users with whom you may interact while using the Services and Website.
All Content you access through the Services is at your own risk and you will be solely responsible for any resulting damage or loss to any party. In appropriate circumstances, the Company will terminate User accounts that are known to it to be infringers of the intellectual property rights of others.
The Company may terminate your access to the Services and the Website, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Website Any fees paid to the Company are non-refundable. Trip payments from Participants will be forwarded to the assigned Host Organization and will be kept by or refunded to the Participant by the Host Organization directly in accordance with the Host Organization’s refund policy.
The Company makes no representations or warranties concerning any Content on the Website, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Website. THE WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses. Limitation of Liability IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) DAMAGES OR LOSS RELATED TO DISPUTES BETWEEN USERS, OR USERS AND ANY THIRD PARTY (E.G. DELIVERY OF GOODS AND SERVICES, AND OTHER TERMS, CONDITIONS, OR WARRANTIES, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) FIFTY US DOLLARS ($50.00 USD).