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Terms and Conditions

ConnectVA Terms and Conditions

Terms and Conditions of Use for ConnectVA.org (“ConnectVA”)

1. ConnectVA – What it is

1.1 ConnectVA is an interactive website that offers certain services and information to Central Virginia’s civic community as part of ConnectVA’s mission to be a virtual nonprofit and civic hub that provides information-sharing tools and resources to empower individuals, advance organizations, and strengthen community. Most pages are available to the general public, who as unregistered visitors can browse general content maintained by ConnectVA, organization and personal profiles, and postings by registered users, such as jobs, events, items in the Item Exchange, and messages on the Message Board. Certain pages and services are available only to registered users according to the permissions granted to them upon registration, upon assignment of permissions as an Organization Author or other role, or by the ConnectVA administrators. The registration types, roles and corresponding permissions are described on the website.

2. ConnectVA, is a program of the Partnership for Nonprofit Excellence – Who we are

2.1 ConnectVA is a program of the Partnership for Nonprofit Excellence (“PNE”).  PNE is a charitable tax-exempt organization under Section 501(c)(3) of the United States Internal Revenue Code.

3. Registration and User Agreement – Our Agreement with you

3.1 This page states the Terms and Conditions under which you may register for ConnectVA and use the services made available to our users. If you do not accept the Terms and Conditions stated here, you are not permitted to register for ConnectVA or to use the services made available on this website.

3.2 By registering for, accessing or using ConnectVA, you represent and warrant that the organization or business you are registering has authorized you to register for and use ConnectVA on its behalf, if applicable, and that you have the capacity to understand, agree to and comply with these Terms and Conditions.

3.3 We reserve the right, in our sole discretion, to change, modify, amend, add or remove portions of these Terms and Conditions at any time. While we will make reasonable efforts to notify users of any material changes to these Terms and Conditions, you should check these Terms and Conditions periodically for changes. By accessing and using ConnectVA services after we post any changes to these Terms and Conditions, you are agreeing to accept those changes, whether or not you have reviewed them.

4. How to Join ConnectVA

4.1 In order to register for ConnectVA, you are required to complete the applicable registration form and to provide certain information to verify your identity. When completing the registration form you warrant and represent that the information you provide is true, accurate and complete. You must complete the registration process in order to establish your ConnectVA account.

4.2 We may refuse to grant you a ConnectVA account or we may suspend or terminate your ConnectVA account if you are not an authorized representative of the organization or business you have registered, the entity you registered does not meet the requirements set forth in these Terms and Conditions or on the registration page, any element of it impersonates someone else, is or may be protected by intellectual property rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

4.3 Only registrations from organizations that have obtained, applied, or will apply for IRS code 501(c) status, qualify for tax exemption, and government entities or agencies will be approved as organizations listed in the Organization Directory. Only registrations from for-profit businesses will be approved for listings in the Business Directory. We will make reasonable efforts to confirm the entity status of all registrations and in the case of rejected registrations, inform the registrant of the reasons for rejection.

5. Your Personal and Organization’s Data

5.1 The “Member Profile”, “Organization Profile” and “Business Listing” sections and related postings on ConnectVA enable you to control, manage and update the public details of your own personal and organization’s data, as applicable, including your ConnectVA Daily Update subscription settings. The ConnectVA Privacy Statement contains full details of how we obtain and use your personal and organization’s data. Any data that you transmit to, or post on, ConnectVA are, and will be treated as, non-confidential and non-proprietary information intended for public view. Accordingly, you should not use ConnectVA as a depository of any confidential or sensitive information.

6. Your ConnectVA Account – Your Responsibility

6.1 You are entirely responsible for maintaining the confidentiality of your ConnectVA account information. You should not share your password or ConnectVA account with any other party. You must notify us immediately in the event of any known or suspected unauthorized use or compromise of your ConnectVA account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your ConnectVA account.

7. Reserved.

8. User Behavior – Acceptable Conduct within ConnectVA

8.1 ConnectVA is made available for your personal, organization or business’s non-commercial use only, in accordance with the purposes and mission of ConnectVA and these Terms and Conditions. You may not use ConnectVA for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. Registered users are solely responsible for their own conduct and any text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof that they submit, post, e-mail, display or otherwise transmit within ConnectVA (“Materials” or “data”). You acknowledge and agree that certain Materials, such as certain recent postings by registered users in the ConnectVA Job Finder, Community Calendar, Item Exchange and Message Board, will be included in a daily e-mail message delivered to registered users who have not unsubscribed from the ConnectVA Daily Update, according to their default or chosen subscription settings. You also acknowledge and agree that certain recent activity and postings by registered users will be displayed throughout ConnectVA, including the homepage and other pages.

8.2 You expressly agree that whenever you use the ConnectVA services you will abide by all applicable local, state, national or international laws, including, but not limited to, any regulations having the force of law. You also accept that you are solely responsible for all communications, acts or omissions that occur under your ConnectVA Account.

8.3 The following non-exhaustive types of inappropriate behavior will not be tolerated in ConnectVA and by establishing a ConnectVA account you agree that you will not:
(a) use ConnectVA in a manner inconsistent with its purposes or these Terms and Conditions;
(b) use user data for purposes other than those related to the purposes of ConnectVA or mutually agreed to between or among users;
(c) act in breach of the ConnectVA Privacy Statement;
(d) upload, post, email or otherwise transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, intimidating, offensive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or confidentiality, hateful, harmful or racially, ethnically or otherwise objectionable;
(e) interfere with other users’ use and enjoyment of ConnectVA;
(f) infringe upon the intellectual property of other users;
(g) jeopardize or prejudice the operation, quality or integrity of ConnectVA, or the operation, quality or integrity of any telecommunications network;
(h) use ConnectVA for any commercial purpose including any direct marketing, surveys, contests or multi-level marketing or other unlawful activity, or to use ConnectVA to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material; users who register for a listing in ConnectVA’s Business Directory may display information about their business as specifically allowed in the Business Directory;
(i) impersonate any person or entity, including, but not limited to, a director, officer, employee, agent or representative of ConnectVA, the Partnership for Nonprofit Excellence or Southside or falsely state or otherwise misrepresent your affiliation with a person or entity;
(j) mislead others by, for example, concealing or disguising the origin of a message or the nature of any Materials;
(k) harvest or otherwise collect information about others, including e-mail addresses, without their consent or use any robot, spider, website search/retrieval application, or other device to retrieve or index any content in ConnectVA for unauthorized purposes;
(l) distribute, download, upload or transmit any material which contains viruses, malware, adware or any other harmful or deleterious programs;
(m) use ConnectVA in a manner contrary to the terms and conditions of any Internet Service Provider whose services you may use;
(n) attempt to gain unauthorized access to any aspect of ConnectVA;
(o) modify, adapt, translate, or reverse engineer any part of ConnectVA;
(p) reformat or frame any portion of the web pages that are part of ConnectVA; or
(q) remove any copyright, trademark or other intellectual property or proprietary rights notices posted in ConnectVA.

9. ConnectVA’s Role

9.1 ConnectVA does not control or take responsibility for the Materials submitted, posted, emailed, displayed or otherwise transmitted by users and, as such, we cannot guarantee the accuracy, truthfulness, integrity or quality of such Materials. Although we have adopted these Terms and Conditions for users, you understand that by using ConnectVA, you may be exposed to Materials that you find offensive or objectionable.

9.2 By registering for ConnectVA, you agree to receive email communications from us in the form of the Daily Update and other periodic communications. You can edit your Daily Update subscription settings Daily Update on the Subscription Options page. However, if you wish to unsubscribe from all email communications from us, you must deactivate your account.

10. Payments made on ConnectVA

10.1 Any pages of ConnectVA that require payments (e.g. job postings, business directory listings, donations and certain ConnectVA program events) will be hosted on secure servers of a third-party electronic payment processing service provider engaged by but not affiliated with ConnectVA. No credit card or other financial information is stored in ConnectVA. Any pages of ConnectVA that require payments will contain or direct the user to details about the purchase in accordance with applicable laws and regulations. Any specific terms and conditions brought to the attention of the purchaser during an online sale will govern that purchase. ConnectVA does not take responsibility for the electronic payment processing service except as required by law, or a dispute between a user and the third-party provider. However, ConnectVA will make reasonable efforts to assist the affected user.

11. Limits on ConnectVA’s Responsibilities

11.1 Under no circumstances will we be liable in any way for any Materials (other than for content created by us), including but not limited to, for any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials submitted, posted, emailed, displayed or otherwise transmitted to or through ConnectVA.

11.2 As one of the primary purposes of ConnectVA is to provide a real-time environment for users to communicate and interact with other users, ConnectVA cannot accept a general obligation to monitor the users’ use of ConnectVA. However, ConnectVA will make reasonable efforts to address any breaches of these Terms and Conditions when it is notified of a material breach thereof. Accordingly, we may, but shall have no obligation to, remove Materials that we determine in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or which we feel may infringe or violate any party’s intellectual property, privacy or other proprietary rights or these Terms and Conditions.

12. Exclusions of Liability – When we will not be Responsible

12.1 YOUR USE OF ConnectVA IS AT YOUR SOLE RISK. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OR INABILITY TO USE ConnectVA OR ANY MATERIALS, WHETHER BASED ON STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL CAUSE, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 We do not warrant that ConnectVA will operate uninterrupted or be error free, that defects will be corrected, or that ConnectVA or the servers that make it available are or will be free of viruses, defects or bugs.

12.3 We are not responsible for any errors or malfunctions in any communications network, computer systems, servers, equipment or software including any injury or damage to users or to any persons’ computer related to or resulting from using ConnectVA in any way.

13. ConnectVA’s Proprietary Rights – Your Right to use our Materials

13.1 We do not claim any ownership rights in any Materials that users submit, post, or display on or through ConnectVA. After submitting, posting or displaying Materials on or through ConnectVA, users continue to retain all ownership rights in such Materials, and they continue to have the right to use their Materials in any lawful way they choose. By submitting, posting or displaying any Materials on or through ConnectVA, you hereby grant to us a limited, non-exclusive, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials on and through ConnectVA and in our publications. This license will terminate at the time you remove your Materials from ConnectVA, except that you agree that the license will continue solely with respect to the continued use of your Materials by other users; provided, however if you remove any of the Materials from ConnectVA, we reserve the right to remove all of your Materials from other pages.

13.2 Provided that you comply with your user obligations under these Terms and Conditions, we grant to you a non-exclusive, non-transferable, limited right to access ConnectVA and all ConnectVA-created Materials displayed in ConnectVA (“ConnectVA Materials”).

13.3 All ConnectVA Materials incorporated in or accessible through ConnectVA, are protected by United States and international copyright laws, and are owned, controlled or licensed by us or The Community Foundation Serving Richmond and Central Virginia as owner of the legacy ConnectNetwork system intellectual property, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the ConnectVA Materials in the ordinary course. Any other use of such ConnectVA Materials, including any copying, reproduction, modification, sale, distribution, extraction, reuse, transmission, publication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.

14. Your Undertakings, Warranties and Indemnities to ConnectVA – Your Commitments to Us

14.1 You represent and warrant to us that the Materials posted by you on or through ConnectVA will comply with these Terms and Conditions and you agree to defend, indemnify, and hold harmless ConnectVA, its officers, directors, employees, agents and service providers, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of ConnectVA or any Materials or your breach of the terms of these Terms and Conditions. ConnectVA may provide notice to you promptly of any such claim, suit, or proceeding.

15. Notice and Takedown Procedure

15.1 You are solely responsible for your interactions with other users. ConnectVA reserves the right, but has no obligation, to monitor and assist with resolution of disputes between you and other users.

15.2 If you feel that any Materials have been posted on ConnectVA that are in breach of these Terms and Conditions, you should report it to admin@connectva.org. Please supply us with as much information as possible, and ConnectVA will respond, using our reasonable discretion, by editing or removing content that we reasonably consider to be in breach of these Terms and Conditions. If ConnectVA deems it appropriate, the user who posted the infringing Materials will be banned or suspended from ConnectVA to limit the possibility of any further infringing Materials being posted. Notwithstanding that ConnectVA will make efforts to address all complaints as we deem fit in accordance with the foregoing, the limitations of liability contained in these Terms and Conditions shall to the fullest extent permitted by law apply to any acts or omissions by ConnectVA in respect of any complaints ConnectVA receives.

16. Termination of a ConnectVA Account

16.1 You can terminate your ConnectVA Account at any time. Termination of your account will remove your personal profile, other personal information and related Materials from view.

16.2 When reasonably possible, ConnectVA will make reasonable efforts to give users fair notice of termination or suspension of their access to ConnectVA. However, we may suspend or terminate your ConnectVA Account immediately at any time without notice, without providing any reasons and without further liability or responsibility to you. Accordingly, you should no longer attempt to use ConnectVA without first contacting us.

16.3 Once your ConnectVA Account terminates, you will have no right to access or use ConnectVA as a registered user or, at our sole discretion, as an unregistered visitor. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions of these Terms and Conditions will survive any termination of your ConnectVA account.

17. Links

17.1 ConnectVA contains links to third party websites. These links are provided by ConnectVA or by other users solely as a convenience to you and not as an endorsement of the content on such third party websites. ConnectVA is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the applicable terms and conditions of such third party websites.

17.2 ConnectVA generally welcomes the hyper-linking to ConnectVA from other appropriate websites if we give our consent or waive such required consent to such links. Notwithstanding the foregoing, we reserve the right to refuse to consent to such links without giving reasons. Any links to the website from another website must be presented in such a manner that the viewing of ConnectVA is not impaired by framing or similar techniques that may impair the visitor’s user experience.

18. Reserved.

19. Reserved.

20. General

20.1 These Terms and Conditions will be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Virginia and of the United States of America.

20.2 These Terms and Conditions are supplemented by and incorporate any relevant notices on ConnectVA or online requirements of use of ConnectVA. These Terms and Conditions are also supplemented by the policies and procedures adopted by ConnectVA. These Terms and Conditions are accepted upon your use of ConnectVA and are further affirmed by you registering for a ConnectVA account.

20.3 The failure of ConnectVA to exercise or enforce any right or provision of these Terms and Conditions will not be construed as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

20.4 If any provision of these Terms and Conditions shall be declared by a court of competent jurisdiction to be unlawful, void or unenforceable, such declaration will not modify the remaining provisions of these Terms and Conditions as far as possible and will not in any way affect the validity or enforcement of these Terms and Conditions.

20.5 EXCEPT IN CERTAIN CASES INVOLVING ONLINE PAYMENTS OR DONATIONS (IN WHICH CASE CLAUSE 10 ABOVE WILL APPLY) THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND CONNECTVA WITH RESPECT TO YOUR USE OF ConnectVA.

ConnectVA, a program of the Partnership for Nonprofit Excellence