A. YOUR RESPONSIBILITIES
Authorized User agrees not to use the Service to: (a) violate any local, state, national or international law, (b) impersonate any person or entity, or otherwise misrepresent Authorized User's affiliation with a person or entity, (c) stalk, harass or harm another individual, (d) promote or glorify hatred, violence or racial intolerance, (e) collect or store personal data about other Authorized Users or (f) disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Service, or interfere with or disrupt the Service, the Site or servers or networks connected to the Service or the Site.
C. DATA SECURITY AND MONITORING
Data are supplied by Authorized Users and may include, but are not limited to, volunteer opportunity descriptions, organizations' contact information and news. Accordingly, we have no editorial control over such data. Any data, services, offers, or other information provided by Authorized Users are those of the respective Authorized Users and not HandsOn Connect. We do not endorse, nor are we responsible for investigating or ensuring the accuracy of, any such data, and we retain the right to modify, update, designate as inactive, or remove any data at any time. We have the right, but not the obligation, to monitor and review the data and Authorized Users' accounts to determine compliance with these Terms, laws, or regulations.
D. AUTHORIZED USER DATA; LICENSE; REPRESENTATION AND WARRANTY
Authorized User grants to HandsOn Connect a worldwide, perpetual, irrevocable, non-transferable, royalty-free license to use, reproduce, create derivative works of, sub-license and exercise all rights with respect to Authorized User's data in any media format for data that Authorized User has submitted to HandsOn Connect.
E. DEALINGS WITH OTHER AUTHORIZED USERS, SPONSORS AND ADVERTISERS
Authorized User agrees that HandsOn Connect will not be responsible or liable for any loss or damage incurred as a result of any interaction or relationship with other Authorized Users, sponsors, or advertisers, or as a result of such parties' access to and use of the Site or Service.
Links provided to other locations or web sites are made available for Authorized User's convenience only and do not indicate our endorsement of such other location or site or its data. We do not review or control, and are not responsible for any web sites other than the Site or the Service (and in the case of the Site or the Service, only as provided for herein), or any data available on such other web sites or locations. We are not liable for any links, information, or applications found at any other web site, Internet location, or source of information, or for Authorized User's use of such information.
G. MODIFICATIONS TO THE SERVICE
We reserve the right to modify or discontinue the Service or the Site with or without notice to Authorized User. We are not liable to Authorized User or any third party should we exercise our right to modify or discontinue the Service or the Site. If Authorized User objects to any such changes, his, her or its sole recourse is to discontinue using the Service. Continued access and/or use of the Service or the Site following notice of any such changes shall indicate Authorized User's assent to and acceptance of such changes.
H. MODIFICATIONS TO TERMS
We may change the Terms from time to time. We will notify any affected Authorized User of any such changes by posting a notice of such changes on the Site or notifying any Authorized User via e-mail. If Authorized User objects to any such changes, his, her or its sole recourse shall be to cease using the Service and/or the Site. Continued access to and/or use of the Service and/or the Site following notice of such modifications or changes shall indicate Authorized User's assent to and acceptance of the Terms, including but not limited to all posted changes.
J. DISCLAIMER OF WARRANTIES
Authorized User expressly agrees that use of the Service and the Site is at Authorized User's own risk. The Site and the Service are provided on an "as available" and "as is" basis. HandsOn Connect expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to the Service. HandsOn Connect makes no warranty that the Site or the Service will be error free or meet Authorized User's requirements, or that the Site or the Service will be uninterrupted, timely, or secure; nor does HandsOn Connect make any warranty as to the accuracy, or reliability of the results that may be obtained from or through the use of the Site or the Service, or that defects in the Site or the Service will be corrected. The entire risk as to satisfactory quality, accuracy, performance, and results to be obtained through the use of the Site or the Service is with Authorized User. No information or advice, whether oral or written, obtained by Authorized User from HandsOn Connect or through the Site or the Service shall create any warranty not expressly made herein. HandsOn Connect makes no warranty regarding any transactions or dealings entered into with any other parties through the Site or the Service. Authorized User understands and agrees that any information downloaded or otherwise obtained through the use of the Site or the Service is done at Authorized User's own discretion and risk, and that Authorized User will be solely responsible for any damage to his, her or its computer services or loss of data that results from the download of such information.
K. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HON OR HANDSON CONNECT, THEIR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, TRUSTEES, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES").
Authorized User agrees to indemnify and hold harmless HandsOn Connect, its affiliates and their respective directors, officers, trustees, employees, independent contractors and agents ("Indemnified Party") from and against any losses, liabilities, suits, claims, costs, and expenses (including reasonable attorney's fees) ("Loss") arising out of or relating to any claim, suit, judgment, or proceeding brought or asserted by any third party ("Claim") alleging any breach of such party's representations, warranties or covenants under this Agreement. Authorized User shall indemnify and hold harmless HandsOn Connect for any Loss arising out of or relating to (a) Authorized User's violation of these Terms or the rights of any other Authorized User, (b) Authorized User's use of the Site or the Service, (c) any information submitted or transmitted through the Site or Service or (d) the transmission of computer viruses, worms, harmful program routines or other similar items into the Site or the Service, or using the Site or the Service to access without authorization any other computer or machine. The Indemnified Party shall notify the Indemnifying Party of any such claim of which it becomes aware and shall: (x) at Indemnifying Party's expense, provide reasonable cooperation to Indemnifying Party in connection with the defense or settlement of any such claim and (y) be entitled to participate in the defense of any such claim at its own expense with counsel of its own choosing.
M. Proprietary Rights.
All copyright and trade secret rights in and to the Site, the Service and the data used therein are and shall be the exclusive property of HandsOn Connect. To the extent, if any, that Authorized User has any rights in or to the Site or the Service, Authorized User hereby irrevocably assigns to HandsOn Connect, and agrees that HandsOn Connect shall be the sole and exclusive owner of, all right, title and interest in and to the Site and the Service, including without limitation all copyright, trade secret and other proprietary rights therein that may be secured in any place under laws now or hereafter in effect.
Names, logos, and other materials displayed on the Site and in the Service constitute trade names, logos, trademarks, and service marks ("Marks") are owned by or licensed to HandsOn Connect. Authorized User is not authorized to use these Trademarks without the prior written consent of HandsOn Connect. As between HandsOn Connect and Authorized User, HandsOn Connect and its licensors are and shall be the owner of all Marks and all goodwill associated with such Marks.
O. COPYRIGHTS and USE RESTRICTIONS
The data included as part of the Service, including without limitation, text, databases, software, code, and graphics, is (a) copyrighted by HandsOn Connect under United States copyright laws, (b) subject to other intellectual property laws, and (iii) owned by HandsOn Connect. Such data may not be copied, reproduced, modified, posted, transmitted, republished, sold, or redistributed in any way without our express prior written consent. Authorized User must abide by all copyright notices, information, or restrictions contained in or linked to any data described herein.
Modifications to any member agreements and any policies, including this Agreement, will be e-mailed to Authorized User and/or prominently posted and available for Authorized User to view at any time on the Site. Authorized User's continued access to and/or use of the Site will constitute Authorized User's complete assent to and acceptance of all such amended terms. These Terms contain the entire terms between the parties. In the event, any provision of these Terms is held to be illegal, invalid or unenforceable, then such provision shall be severed from these Terms while the remaining terms shall remain binding on the parties hereto. The section titles in these Terms are for convenience only and have no contractual or legal effect. These Terms shall be governed by the laws of the District of Columbia, without regard to its conflicts of law provisions. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Authorized User agrees that regardless of any statute or law to the contrary, any claim or cause of action brought by Authorized User arising out of or related to the use of the Service or the Site, or specified in these Terms, must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.
Hostelling International USA Waiver and Release Form
All volunteer applicants and parents or legal guardians for each minor must read and agree to the following:
ACKNOWLEDGEMENT I understand that as a volunteer applicant I may not participate as an HI-USA volunteer until I have been approved and accepted as volunteer by an HI-USA staff member. I certify that the statements made in this volunteer application are true and complete to the best of my knowledge. I understand that any false statement, omission or misrepresentation in my application or placement interview may result in the rejection of my application or discharge from the volunteer program. When reviewing applications and assigning volunteer placements, we consider your available time, fit of skills and needs, leadership experience, and seniority based upon past service to the organization. Availability of placements varies annually. I understand that I will not be paid for my volunteer services and that filling out an application for the Hostel does not guarantee acceptance into a volunteer placement. Volunteers who do not adhere to the rules and procedures of HI-USA or who fail to satisfactorily perform their volunteer assignment are subject to dismissal. Possible grounds for dismissal may include, but are not limited to the following: gross misconduct or insubordination, theft or misuse of HI-USA materials, abuse or mistreatment of guests, program participants, staff or other volunteers, failure to abide by HI-USA policies and procedures, and failure to satisfactorily perform assigned duties. HI-USA also forbids volunteers from directly soliciting guests and program participants though there are other opportunities for visibility and professional development.
RELEASE OF LIABILITY Volunteers under the age of 18 are not allowed to participate in any volunteer activities until a signed Release Waiver has been returned to Hostelling International USA. Please carefully review and complete the agreement below, ensuring that at least one emergency contact phone number is provided and that the form is signed by a parent or legal guardian. A separate agreement must be completed for each volunteer. I wish to allow myself/son/daughter/child under my legal guardianship (“child”) to volunteer with Hostelling International USA. In consideration of Hostelling International USA providing myself/ my child with the opportunity to perform volunteer activities, I hereby agree, for myself, my heirs, assigns, executors, and administrators, to be legally bound hereby and waive, release, and forever discharge Hostelling International USA and its nonprofit partner agencies, its officers and directors, members, partners, funders, employees, agents, and volunteers (“Releases”) from any and all liability, causes of action, suits, proceedings, damages, judgments, claims and demands whatsoever arising out of my /my child’s participation as a Hostelling International USA volunteer or in any Hostelling International USA related activity. I am aware and agree that there are inherent risks of injury to myself/ my child, my/my child’s property and third parties arising from volunteer activities typically performed by Hostelling International USA volunteers, and which may be performed by myself/my child as a Hostelling International USA volunteer. I hereby give permission for myself/my child to participate in all activities through Hostelling International USA and expressly and specifically acknowledge that those activities may involve (a) physical activity (including without limitation work with heavy tools and materials), (b) contact with unidentified and unfamiliar persons, (c) travel to and from various unspecified locations, and (d) other potential risk of injury. Notwithstanding the preceding sentence, I willingly and freely assume all such risk and damage to person or property arising there from, whether or not resulting from negligence, and agree to release Hostelling International USA and its Releases from any and all liability, actions, causes of action, claims and demands of every kind and nature whatsoever which I now have or which may arise out of or in connection with my/my child’s volunteer services as a Hostelling International USA volunteer or in any Hostelling International USA related project or activity.
PHOTO RELEASE I hereby give my permission to Hostelling International USA, their Releases and to the photographer, my free and unlimited consent and permission to publish/broadcast, republish/rebroadcast or exhibit in the furtherance of their work, with or without identification of me or my child by name, any photographs, videos or audios of myself/my child, that have been obtained from my/his/her participation in Hostelling International USA activities. I furthermore waive any and all claims for any compensation by reason thereof or for damages for reasons thereof.
CONSENT OF TREATMENT I, the undersigned individual/parent or guardian, hereby consent to and authorize the administration and performance of all needed medicines and surgical treatments, diagnostic and therapeutic procedures, and the administration of any anesthetic which, in the opinion of the attending physician, may be necessary and advisable in the event of any medical emergencies regarding myself/my child. It is understood that efforts shall be made to contact the emergency contact prior to rendering emergency treatment to the patient. I attest that I am over 18 years of age, and I warrant that I have legal authority to execute this agreement on myself/my child or legal ward’s behalf. I attest that my/my child’s attendance and involvement in such activities is fully voluntary, that I/my child am/is physically fit and prepared for volunteer activities and that I am participating/I am allowing my child to participate at my/his or her own risk. I have read the foregoing Waiver and Release, and I hereby give my express consent to the execution of this release and will not revoke my consent.