Terms Of Use

Terms of Use

Welcome to Catchafire! These Terms of Use ("Agreement") constitute a legal agreement between you and Catchafire, Inc., a Delaware corporation ("Catchafire"). By accessing the Catchafire website, currently located at www.catchafire.org (the "Site"), or using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms of this Agreement, as amended by Catchafire. We may update this Agreement and we may notify you of the change by email, by posting on the Site, or by updating the date posted below. Throughout this Agreement, the words "Catchafire," "us," "we," and "our", shall refer to our company Catchafire, Inc.

If you are an individual entering into this Agreement "you" refers to you the individual. If you are entering into this Agreement on behalf of an organization or company you represent and warrant that you have the authority to bind the organization or company to this Agreement, in this instance, "you" shall refer to the organization or company.

Catchafire offers a number of "Service(s)", including: a service for volunteers ("Volunteer Service"), a service for nonprofits and social enterprises ("Nonprofit Service"), a service that assists foundations, organizations, and enterprises in sponsoring non-profits ("Strategic Partnership Service") and a service that assists corporations and organizations in developing employee volunteering ("Talent Solutions Service"). Catchafire may offer additional services and revise any of the Services offered or the Site as needed.

If you do not agree to the Terms of Service or the Privacy Policy please stop using our Site and Service immediately. As the need arises, Catchafire may make changes to the Terms of Use, you must agree to any such changes before continuing to use our Site or Service.

What this means: You are entering into an Agreement with Catchafire that governs your use of our Site and any Services offered. We may make changes to this Agreement from time to time; please check back when you get a chance.

1. Essence Of The Role
  • Minimum Age. You must be at least 13 years old to use this Site, and at least 18 years old to register for the Services.
  • Authorization. By registering to use the Nonprofit Service, Strategic Partnership Service, or Talent Solutions Service, you represent and warrant that you are an authorized employee or official representative of the registered nonprofit, social enterprise, company, or group. If you are not an authorized employee or official representative, you may not register as the Nonprofit Service, Strategic Partnership Service, or Talent Solutions Service.

What this means: You must be at least 13 years old, and if you register for an organization you must be authorized to do so.

2. Use of Site and Services

When using our Site and Service, we have a couple of rules you’ll need to follow, you agree that:

  • Information Submitted. You are solely responsible for, and assume all liability regarding (a) the information and content you contribute to the Site and/or Services and (b) your interactions with other users through the Site and/or Services.
  • Risk Assumption and Precautions. You assume all risk when using the Site or Services, including but not limited to risks associated with any online and offline interactions with others.
  • Fees. You will promptly pay any fees associated with your use of the Site and/or Services as agreed upon with Catchafire.
  • Reporting of Violations. You will promptly report to Catchafire any violation of the Agreement by others.
  • Third Party Content. Content available on the Site or as part of the Services may be supplied by other users of the Site and/or Services and by other third parties. Any content, services, offers, or other information expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Catchafire. Catchafire does not endorse or assume any responsibility for the accuracy or reliability of any content, opinion, advice, information, or statement made on the Site or as part of the Services.
  • Content Removal. Catchafire reserves the right, but has no obligation, to monitor, modify, or remove the information or content you submit to the Site and/or Services.
  • Restrictions. You will not use the Site and/or Services in a manner that:
    • violates or infringes the rights of Catchafire, other users, or any other party, including patent, trademark, trade secret, copyright, or other intellectual property rights, privacy rights, or publicity rights;
    • promotes racism, bigotry, hatred, or harm of any kind against any group or individual;
    • is intended to, may, or does harass, annoy, threaten, harm, or intimidate any other users of the Site or Services;
    • reproduces, duplicates, copies, sells, resells, or exploits any portion of the Site or Services;
    • is defamatory, inaccurate, abusive, obscene, profane, offensive, tortuous, or otherwise objectionable;
    • violates any local, state, national, or international law or regulation;
    • promotes illegal or unlawful activities;
    • may defraud or deceive others;
    • collects, stores, or disseminates personal information about any other user or third party without his/her permission;
    • uses scripts, bots, or other automated technology to access the Site and/or Services;
    • interferes with or disrupts the Site and/or Services or servers, computers, or networks connected to the Site and/or Services;
    • uses the Site and/or Services for chain letter, junk mail, or spam email; or
    • frames the Site, places pop-up windows over the Site, or affects the display of its pages without Catchafire’s prior written consent.
  • No False Information. You will not provide inaccurate or false information to Catchafire, any user, or others.
  • Registration and Profile. You may be required to register and maintain a profile in connection with your use of the Site and/or Services. You agree to submit accurate and truthful information during registration and maintain the accuracy of such information. You may be required to create a username and password. You’re solely responsible for keeping your password safe and for any activity that occurs using your account username or profile. Let us know immediately if your password is stolen.
  • No Advertising or Commercial Solicitation. You agree not to advertise or solicit any user to buy or sell any products or services through the Site and/or Services without Catchafire’s prior written consent. You agree not to use any information obtained from the Site and/or Services in order to contact, advertise to, solicit, make offers to, or sell to any user without their prior explicit consent.
  • Privacy. You have read, understood, and consented to our Privacy Policy, and by using the Site and/or Services agree to abide by the Privacy Policy.

What this means: There are a number of rules you must follow while using our Site and Service.

3. License to Posted Content

Any posted information will be owned by you. However, by posting information or content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Catchafire, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

What this means: Any information you submit to us is owned by you, but you give us a license to use that information.

4. Third Parties

Our Site and Service may have links to third party websites. Generally, most third party websites are safe; however, we do not edit, endorse, screen, monitor or control these websites. Please exercise caution when visiting a third party site.

What this means: Third party links may be accessible through our Site, please use caution when visiting any third party sites.

5. Indemnity

You agree to defend, indemnify and hold harmless Catchafire, its parent corporation, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • your use of and access to the Site or Service;
  • your violation of any term of these Terms of Service;
  • any claim that your actions or actions using your account harmed a third party.

You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

What this means: You agree to indemnify us for your use of the Site and Service and for any claims that your actions harmed a third party.

6. Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CATCHAFIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

THE SITE AND SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU UNDERSTAND AND AGREE THAT THERE ARE RISKS IN USING THE SITE OR SERVICES AND YOUR USE OF THE SITE OR SERVICES IS SOLELY AT YOUR OWN DISCRETION AND RISK.

CATCHAFIRE AND ITS AFFILIATES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF OTHERS. ACCORDINGLY, CATCHAFIRE AND ITS AFFILIATES ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS.

CATCHAFIRE AND ITS AFFILIATES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, RELIABILITY, OR LEGALITY OF ANY USER-PROVIDED CONTENT OR CONTENT PROVIDED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, THE VOLUNTEER OR NONPROFIT RATINGS AND REVIEWS, THE SKILLS AND ABILITIES OF THE VOLUNTEERS, OR THE VOLUNTEER OPPORTUNITIES. ACCORDINGLY, CATCHAFIRE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM RELIANCE ON USER-PROVIDED CONTENT OR CONTENT PROVIDED BY THIRD PARTIES. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL INFORMATION YOU ACCESS OR OBTAIN THROUGH THE SITE AND/OR SERVICES.

CATCHAFIRE IS NOT INVOLVED IN ANY RELATIONSHIPS BETWEEN USERS. CATCHAFIRE CANNOT GUARANTEE A SUCCESSFUL OR SATISFACTORY OUTCOME OF ANY PROJECT OR ENDEAVOR INITIATED WITH ANOTHER USER. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU AGREE THAT CATCHAFIRE IS NOT REQUIRED TO ASSIST YOU IN THE DISPUTE.

CATCHAFIRE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CATCHAFIRE MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED BY USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE.

YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE AND/OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE AND/OR SERVICES.

CATCHAFIRE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE AND/OR SERVICES OR THIS AGREEMENT ARE LIMITED TO $200.

CATCHAFIRE DISCLAIMS ALL LIABILITY FOR, AND YOU HEREBY AGREE THAT CATCHAFIRE SHALL NOT BE LIABLE FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (2) LOSS OF OR DAMAGE TO REPUTATION OF YOU OR ANY THIRD PARTY, (3) LOSS OF INFORMATION OR DATA, (4) USE, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, (5) LINK PROVIDED IN CONNECTION WITH THE SITE OR SERVICES, (6) DELETION, MISDELIVERY, FAILURE, OR UNTIMELINESS IN POSTING OR STORING ANY INFORMATION, OR (7) MATTERS OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES.

What this means: Our Site and Service are offered as-is and we limit our liability as much as legally allowed. Please read the whole section as the provisions may affect your rights.

7. Term and Termination

This Agreement becomes effective once you use our Site or register for our Service, and will remain in effect until this Agreement is terminated by us. If you wish to terminate your account send us an email at help@catchafire.org. However, we reserve the right to remove your account at any time, for any reason.

What this means: This Agreement becomes effective once you begin using our Site or Services.

8. Specific Terms Controlling the Volunteer Service
  • Continued Use. If you complete a volunteer project, you agree not to engage the same nonprofit organization in subsequent volunteer projects without first making a best effort to use Catchafire to find a volunteer project with that nonprofit organization.
  • No Guarantees. The Volunteer Service does not guarantee a volunteer match or placement.
  • Cancellation. You agree to notify Catchafire immediately in writing by emailing help@catchafire.org if you need to terminate your volunteer project for any reason. If you do not notify us and fail to complete such project, we reserve the right to terminate your account.
  • Volunteer Service Policies. You agree to abide by all other Catchafire policies and Agreements regarding your Volunteer Service.

What this means: When you use our Volunteer Service there will be specific guidelines controlling your use of the Volunteer Service.

9. Specific Terms Controlling the Nonprofit Service
  • Continued Use. If you complete a volunteer project with a volunteer, you agree not to engage the same volunteer in subsequent volunteer projects without first making a best effort to use Catchafire to engage that volunteer for a volunteer project.
  • No Guarantees. The Nonprofit Service does not guarantee a volunteer match or placement.
  • Cancellation. If you wish to cancel our Nonprofit Service you must notify us immediately at help@catchafire.org. We may suspend or terminate your account at the time of cancellation. You may be charged for cancelling your account.
  • Nonprofit Service Policies. You agree to abide by Catchafire’s policies regarding the Nonprofit Service, including payment terms and obligations.

What this means: When you use our Nonprofit Service there will be specific guidelines controlling your use of the Nonprofit Service.

10. Specific Terms Controlling the Talent Solutions Service
  • No Guarantees. The Talent Solutions Service does not guarantee volunteer matches or placements.
  • Reporting Accuracy. You agree that the accuracy of data reported to you through the Site or Services represent a reasonable effort and are not guaranteed to be completely accurate. You agree that Catchafire will not be liable for any damages arising from use or reliance on the data.
  • Notification of Changes. You agree to notify Catchafire of any changes that may affect Catchafire, others, or your use of the Site or Services, such as the departure of a volunteer from your group.
  • Talent Solutions Service Policies. You agree to abide by Catchafire’s policies regarding the Talent Solutions Service.

What this means: When you use our Talent Solutions Service there will be specific guidelines controlling your use of the Talent Solutions Service.

11. Specific Terms Controlling the Strategic Partnerships Service
  • No Guarantees. The Strategic Partnership Service does not guarantee volunteer matches or placements.
  • Reporting Accuracy. You agree that the accuracy of data reported to you through the Site or Services represent a reasonable effort and are not guaranteed to be completely accurate. You agree that Catchafire will not be liable for any damages arising from use or reliance on the data.
  • Notification of Changes. You agree to notify Catchafire of any changes that may affect Catchafire, others, or your use of the Site or Services, such as the departure of a volunteer from your group.
  • Strategic Partnership Service Policies. You agree to abide by Catchafire’s policies regarding the Strategic Partnership Service.

What this means: When you use our Strategic Partnership Service there will be specific guidelines controlling your use of the Strategic Partnership Service.

12. General Terms
  • The Site and any Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice to you or liability to Catchafire. If you object to any modifications, your sole recourse is to stop using the Site or Services. Continued use of the Site or Services following modifications shall indicate your acknowledgement of such modifications and agreement to use the Site and Services as modified.
  • The Terms of Use and Catchafire’s Privacy Policy contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us regarding the use of the Site. Notwithstanding the foregoing, your use of the Services may be subject to other agreements entered into between you and us. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
  • Any failure on Catchafire’s part to enforce any provision of the Terms of Use does not constitute a waiver of such provision.
  • When you visit the Site, or send us emails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
  • Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Catchafire must be addressed to our agent for notice and sent via email to: help@catchafire.org. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  • The "What It Means" clarifiers are only intended to help assist in the readability of this Agreement. The "What It Means" provisions are not part of the Agreement, are not intended to clarify or assist in interpreting any provision in this Agreement, and do not impart any binding or contractual obligations or responsibilities to either Party.

Last Updated: Aug 18, 2014

THIS SERVICE AGREEMENT (this “Agreement”) is made between Catchafire, a Delaware corporation (“Catchafire”, “we”, “our” or “us”) and you (“Volunteer”, “your”, or “you”) relating to the services to be provided by Volunteer (hereinafter Catchafire and Volunteer may be referred to singularly as the “Party” or collectively referred to as the “Parties”). By clicking the consent box or creating an e­signature, Volunteer affirmatively agrees to be bound by this Agreement, the Catchafire Terms of Service, and the Catchafire Privacy Policy.

PLEASE BE AWARE THAT THERE ARE ARBITRATION PROVISIONS WITHIN THIS AGREEMENT.

  1. PURPOSE.
    Catchafire is a company that assists non­profit organizations, charities, social enterprises, or other organizations (“NPO(s)”) in finding professional volunteer talent to volunteer for NPOs. Volunteer has agreed to utilize Catchafire’s service and be matched with an NPO. Volunteer’s purpose in entering into this Agreement, is to find an NPO with which Volunteer may provide professional volunteer services. Both Parties desire to set forth certain terms and conditions relative to their rights in connection with this Agreements. This Agreement applies to Catchafire’s Volunteer Service, as defined in our Terms of Use. Both Parties agree that by entering into this Agreement valuable and adequate consideration has been exchanged between the Parties.
    What this means: We are a volunteer matching service that helps you, the Volunteer, meet NPO(s) that you wish to work with.
  2. DEFINITIONS.
    1. “NPO(s)” means a non­profit organization, charity, social enterprise, or other organization.
    2. “Volunteer” means any prospective volunteer(s) who may wish to work with a NPO.
    3. “Registered NPO” means an NPO that has registered on Catchafire’s website.
    4. “Matched NPO” means an NPO that has been matched through the Catchafire Service and with whom the Volunteer has agreed to work with on any Projects.
    5. “Project” is defined as a volunteer engagement with a pre­defined scope and deliverables.
    6. “Work Product” is defined as any services or material created by a Volunteer for a Matched NPO, including but not limited to copyrightable works, systems, strategic plans, marketing plans, business assessments, implementations, services, advice, consultations.
    7. “Confidential Information” is defined as information that is marked “confidential” or “proprietary” or information that a reasonable person would understand to be confidential. This includes but is not limited to information about Matched NPO’s business models, plans, marketing campaigns, designs, intellectual property, proprietary data, software, advertisements or other materials.
    What this means: We have some definitions that you’ll need to understand in order to read through this Agreement.
  3. SERVICES PROVIDED BY VOLUNTEER.
    Volunteer agrees to provide volunteer services to a Matched NPO matched through the Catchafire matching process by assisting a Matched NPO in completing a Project listed on the Catchafire website. After being matched, Volunteer agrees to notify Catchafire immediately if Volunteer does not wish to work with the specific Matched NPO. Failure to notify Catchafire in a timely manner will constitute Volunteer’s acceptance of working with the Matched NPO for the duration of any Project. Volunteer agrees that he or she will use their best reasonable efforts when providing any volunteer services. What this means: As a Volunteer, you agree to volunteer with an NPO and be matched with an NPO. If you do not wish to work with an NPO you should contact us immediately.
  4. VOLUNTEER’S REPRESENTATIONS AND WARRANTIES.
    For the duration of this Agreement, Volunteer represents and warrants that:
    1. Volunteer will use his or her reasonable best efforts in fulfilling any Projects assigned by a Matched NPO. Volunteer will act in a professional, businesslike, and respectful manner while working with Catchafire or the Matched NPO.
    2. Volunteer has provided truthful and accurate information regarding their professional skill and background.
    3. Volunteer will abide by this Agreement, the conditions listed in the Terms of Use and any other applicable agreements.
    4. Volunteer has paid for or owns all rights to any Work Product produced by Volunteer and provided to Catchafire or the Matched NPO.
    5. Volunteer has the right to transfer ownership to any Work Product provided to Catchafire or the Matched NPO.
    What this means: In order to work with Catchafire, there will be a few things you must represent and warrant to us.
  5. CATCHAFIRE’S REPRESENTATIONS AND WARRANTIES.
    Catchafire represents and warrants that it will use commercially reasonable efforts to match Volunteer with the proper NPO.
    What this means: We warrant and represent that we will use commercially reasonable efforts to match you.
  6. VOLUNTEER STATUS.
    Volunteer agrees that Volunteer is volunteering his or her time to the Matched NPO. Volunteer acknowledges he or she is not an employee of the Matched NPO, has no expectation of future employment with the Matched NPO, and that he or she is not eligible for health insurance, life insurance, retirement, or any other benefits. If the volunteer has, is, or comes to be employed by Matched NPO, his or her volunteer service shall not be credited for pension or retirement purposes. Additionally, Volunteer agrees that he or she has not been promised and does not expect any compensation or anything of value in exchange for volunteering.
    What this means: You agree all work done by you will be as a volunteer and you do not expect any compensation for your time or effort.
  7. TERM AND TERMINATION.
    This Agreement shall become effective as of the date Volunteer enters into it and shall continue until termination. Either Party may terminate this Agreement by giving notice to the other Party in writing. Volunteer may terminate this Agreement by emailing Catchafire at help@catchafire.org.
    What this means: You may terminate this Agreement by contacting us in writing.
  8. NON­CIRCUMVENTION.
    Once Volunteer has begun using the Catchafire service, Volunteer agrees that he/she will not attempt to work with any Registered NPO(s) outside of the Catchafire matching program that he/she does not already have a pre­existing relationship with. Volunteer understands the Catchafire matching program is an integral part of the Catchafire service and any breach of this provision will be a material breach of this Agreement and will cause harm to Catchafire. Volunteer shall notify Catchafire immediately if any Registered NPO attempts to circumvent the matching process and contact Volunteer directly in regards to any Project(s). Failure to abide by this provision is a material breach of this Agreement. Volunteer acknowledges that a breach of this provision will cause harm to Catchafire and may result in cancellation or suspension of Volunteer’s account and access to Catchafire.
    What this means: You agree not to attempt to circumvent our service once you have registered. You agree to contact us if an NPO is attempting to circumvent our Service.
  9. OWNERSHIP.
    All Work Product created by Volunteer for the Matched NPO under this Agreement shall be deemed as a “work for hire” as defined by US Copyright Law. Additionally, upon completion and delivery of any Work Product, Volunteer shall transfer all title, right, or ownership of the Work Product to the Matched NPO. In the event, that any Work Product is not considered a “work for hire”, Volunteer agrees that it will voluntarily assign any and all rights to any Work Product created under this Agreement to the Matched NPO. Volunteer will not be responsible for any fees related to the assignment of its rights to the Matched NPO. Pursuant to Catchafire’s agreement with the Matched NPO, Volunteer shall receive a limited, irrevocable, non­exclusive, non­sublicensable license from Matched NPO to use the Work Product for Volunteer’s portfolio, to advertise Volunteer’s services, and for non­commercial purposes. Volunteer agrees that he or she will not otherwise resell, prepare derivative works, relicense, lease, assign, loan or use the Work Product for any other commercial purposes.
    What this means: You agree that any Work Product prepared by you and delivered to the NPO will become the NPO’s property.
  10. NO VIOLATION.
    In performing the services under this Agreement and in connection with the services, Volunteer will not violate, or in any way infringe upon the rights of, third parties, including property, contractual, employment, trade secrets, proprietary information and non­disclosure rights, or any trademark, copyright or patent rights.
    What this means: You agree that you aren’t violating any agreements or other rights of third parties by entering into this Agreement.
  11. CONFIDENTIAL INFORMATION.
    Volunteer agrees not to disclose any Confidential Information received from any NPO(s) or Catchafire unless compelled to by a court of law. After the completion of any Project(s), Volunteer agrees to return or destroy any Confidential Information to their rightful owners.
    What this means: You agree that you will not disclose Confidential Information received from us or any NPO.
  12. LIMITATION OF LIABILITY AND DISCLAIMER. IN NO EVENT SHALL CATCHAFIRE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS, EXPENSES OR LOSSES (INCLUDING LOST PROFITS OR OPPORTUNITY COSTS), REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. CATCHAFIRE'S LIABILITY TO VOLUNTEER FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL BE STRICTLY LIMITED TO $200 IN THE AGGREGATE. SUBJECT TO THE FOREGOING, IF ANY APPLICABLE PROVISIONS OF LAW PREVENT CATCHAFIRE FROM LIMITING ITS LIABILITY AS DESCRIBED IN THE PREVIOUS SENTENCE, CATCHAFIRE’S LIABILITY SHALL BE THE MINIMUM APPLICABLE LIABILITY ESTABLISHED BY LAW. VOLUNTEER FURTHER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE NOT GUARANTEED, THE SERVICES MAY NOT PRODUCE THE RESULTS DESIRED BY VOLUNTEER, OR THE SERVICES MAY CAUSE UNDESIRABLE RESULTS OR RAMIFICATIONS THAT COULD RESULT IN NEGATIVE CONSEQUENCES FOR VOLUNTEER. VOLUNTEER AGREES NOT TO HOLD CATCHAFIRE LIABLE FOR ANY CHANGES WHICH MAY OCCUR TO VOLUNTEER’S REPUTATION AS A RESULT OF THE PROVISION OF THE SERVICES. ALL SERVICES ARE OFFERED “AS IS” BY CATCHAFIRE. THE EXPRESS WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON­INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
    What this means: Our service is offered “as­is” and we limit our liability to the greatest extent possible.
  13. INDEMNIFICATION.
    Volunteer will indemnify and hold harmless the Matched NPO, Catchafire and its affiliates, employees, and agents from and against any and all liabilities, losses, damages, costs, and other expenses (including attorneys’ and expert witnesses’ costs and fees) arising from or relating to any breach of any representation, warranty, covenant, or obligation of volunteer in this Agreement, any claim that volunteer’s actions harmed or damaged a third party, or any intentional misconduct or negligence by volunteer while performing any obligations under this agreement. In the event of any third­party claim, demand, suit, or action (a “Claim”) for which Matched NPO or Catchafire (or any of its affiliates, employees, or agents) is or may be entitled to indemnification hereunder, Matched NPO and Catchafire may, at their option, require Volunteer to defend such Claim at Volunteer’s sole expense. Volunteer may not agree to settle any such Claim without Catchafire’s express prior written consent.
    What this means: You agree to indemnify us for your use of the Catchafire service and for any claims that your actions may have harmed a third party.
  14. APPLICABLE LAW, JURISDICTION, AND ARBITRATION.
    The validity, construction, and the enforceability of this Agreement shall be governed in all respects by the internal laws of the State of New York of the United States of America, without giving effect to principles of conflicts of laws. Each Party agrees that any suit, action or proceeding brought by such Party against any other party in connection with or arising from this Agreement for damages under $3000 USD shall be brought solely in the court of competent jurisdiction in or nearest to New York County, New York. Any other disputes and claims arising under, or with respect to, this Agreement exceeding $3000 that are not resolved by the affected Parties informally after good faith attempts to do so for ten (10) business days shall be resolved by arbitration before one (1) arbitrator in New York, New York in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The appointing agency shall be the AAA and the arbitrator shall apply New York law to both interpret this Agreement and fashion an award, except with respect to the issue of disputes regarding the scope of disputes or claims that are subject to this Arbitration provision, in which case a three (3) arbitrator panel that does not include the original arbitrator shall be empowered to resolve such disputes regarding the scope of arbitration. Any Party to this Agreement may apply to the arbitrator to seek injunctive relief until an arbitration award is rendered or the controversy is otherwise resolved. Any Party to this Agreement also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that Party, pending the appointment of the arbitrator. The decision or award of the arbitrator shall be final and binding upon all Parties. Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction.
    What this means: You agree to jurisdiction in the county of New York, NY for all claims and disputes. For any claims of $3000 or greater you agree to arbitration through the AAA.
  15. MISCELLANEOUS PROVISIONS.
    1. This Agreement, together with any exhibits, supplements, or schedules attached hereto, constitutes the sole agreement between the Parties, with the exception of Catchafire’s Terms of Use, the Privacy Policy, and the Non­Profit Services Agreement for the corresponding Matched NPO, which are subordinate to this Agreement to the extent that they conflict. Once executed, this Agreement will remain effective until the Services are completed or this Agreement is cancelled or terminated by the Parties or any legal provisions or orders. Any modifications of this Agreement must be in writing and signed by both Parties.
    2. If any provision in this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. If any provision is held invalid or unenforceable with respect to particular circumstances, it nevertheless shall remain in full force and effect in all other circumstances.
    3. The failure of Catchafire to enforce strictly any term, right or condition of this Agreement shall not be construed as a waiver of such term, right or condition. No provision of this Agreement shall be deemed waived, amended, or modified by either party unless such waiver, amendment, or modification is in writing and signed by the Party against whom enforcement of the waiver, amendment or modification is sought to be enforced. This Agreement shall become effective on the date it is executed by both Parties.
    4. Neither Party may assign this Agreement or all or any portion of its rights herein without the prior written consent of the other Party; provided, however, that in the event of a sale of the Catchafire’s business in whole or in part, the Catchafire has the right to transfer or assign its rights hereunder to the acquiring party the extent the obligations under this Agreement are assumed by the assignee of such this Agreement.
    5. The “What It Means” clarifiers are only intended to help assist in the readability of this Agreement. The “What It Means” provisions are not part of the Agreement, are not intended to clarify or assist in interpreting any provision in this Agreement, and do not impart any binding or contractual obligations or responsibilities to either Party.
    What this means: You agree to the miscellaneous provisions listed within this section.

THIS SERVICE AGREEMENT ("AGREEMENT") CONSTITUTES A CONTRACT BETWEEN YOU (THE CUSTOMER) AND CATCHAFIRE RELATING TO THE SERVICES TO BE PROVIDED TO YOU IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE.

By clicking the consent box or creating an e-signature, You affirmatively agree to be bound by this Agreement, the Catchafire Terms of Service, and the Catchafire Privacy Policy. If You are entering into this Agreement on behalf of a company, organization, or another legal entity (an "Entity"), You are agreeing to this Agreement for that Entity and representing to Catchafire that You are an authorized employee or official representative of that Entity and have the authority to bind such Entity and its affiliates to this Agreement, in which case the terms "You", "Your" or related capitalized terms herein shall refer to such Entity and its affiliates.

  1. PURPOSE
    Catchafire is a company that assists Organizations in finding volunteer talent for professional services. You are an Organization that desires to use Catchafire’s Service. You desire to purchase services from Catchafire, and in doing so agree to the following terms and conditions for receiving the services. This Agreement applies to Catchafire’s Nonprofit Service, as defined in our Terms of Use.
    What this means: We are a volunteer matching service that helps You meet Volunteers that you may wish to work with.
  2. DEFINITIONS
    When used in this Agreement with the initial letters capitalized, in addition to terms defined elsewhere in this Agreement, the following terms have the following meanings:
    1. "Account" means all Catchafire accounts or instances created by or on behalf of You or its Users within the Service.
    2. "Billing Period" means the period for which you agree to prepay fees, which will be the same as or shorter than the Subscription Term. For example, if you subscribe to the Catchafire Service for a one (1) year Initial Subscription Term, with a one (1) month upfront payment, the Billing Period will be one (1) month.
    3. "Catchafire" means Catchafire, Inc., a Delaware corporation. In this Agreement, Catchafire may also be referred to through the use of "We", "Our", or "Us".
    4. "Confidential Information" means information that is marked "confidential" or "proprietary" or information that a reasonable person would understand to be confidential.
    5. "Client Content" means all materials, designs, copyrighted works, content or products provided by You to Catchafire or Matched Volunteer.
    6. "Form" means any Catchafire generated service order form executed or approved by You with respect to Your subscription to the Service, which form may detail, among other things, the number of Projects you may be matched on at any time under Your subscription to the Service and the Service Plan applicable to Your subscription to the Service.
    7. "Matched Volunteer" means a volunteer that has been matched with You through the Catchafire Service and who has agreed to undertake a Project for You.
    8. "Organization" means a nonprofit organization, charity, for-profit social enterprise, or other organization.
    9. "Project" means a volunteer engagement with a pre-defined scope and deliverables.
    10. "Project Completion Issue" means a failure on the Matched Volunteer’s part to complete the Work Product agreed to at the start of the Project despite reasonable best efforts made by You to manage the Matched Volunteer. Reasonable best efforts with respect to volunteer management include but not are limited to: (i) timely responses and communication throughout the life of the Project, (ii) appropriate behavior towards the Volunteer, and (iii) not materially changing the scope of the Project after it begins.
    11. "Service" means the Catchafire volunteer matching service and tools provided by Catchafire, which may include creating Project listings, assisting you in finding a Matched Volunteer, and providing Project support post-match. Any new or modified features added to or augmenting the Service or updates or enhancements to the Service ("Updates") are also subject to this Agreement and We reserve the right to deploy Updates at any time.
    12. "Service Plan" means the service plan and the functionality and services associated herewith (as detailed on the Site) for which You subscribe.
    13. "Site" means www.catchafire.org
    14. "Software" means software provided by Catchafire through the internet that allows You to use any functionality in connection with the Service.
    15. "Subscription Term" means the Initial Subscription Term and all Renewal Subscription Terms.
    16. "Volunteer" means any prospective volunteer(s) who may wish to work with You.
    17. "Users" means Your employees, representatives, consultants, contractors or agents who are authorized to use the Service through Your Account as an agent and/or administrator as identified through a unique login.
    18. "Work Product" means any services or material created by the Matched Volunteer for You, including but not limited to copyrightable works, tools, systems, strategic plans, marketing plans, business assessments, implementations, services, advice, consultations.
    19. "Work Product Issue" means a failure on the Matched Volunteer’s part to deliver a Work Product of sufficiently high quality despite reasonable best efforts made by You to manage the Matched Volunteer. Reasonable best efforts with respect to volunteer management include but not are limited to: (i) timely responses and communication throughout the life of the Project, (ii) appropriate behavior towards the Volunteer, and (iii) not materially changing the scope of the Project after it begins.
    What this means: We have some definitions that you’ll need to understand in order to read through this Agreement.
  3. SCOPE AND PERFORMANCE Catchafire agrees to perform all services on a commercially reasonable efforts basis. However, the final provision of any services called for in this Agreement are provided by Catchafire on an "as is" basis. You understand that because of the uncertain nature of recruitment efforts, Catchafire makes no guarantees as to the effectiveness of its services or the reliability of any Matched Volunteers introduced to You. However, Catchafire will not knowingly provide unsuitable Matched Volunteers to You. Furthermore, no change or increase in the scope of services shall be valid unless agreed to in writing by the Parties to this Agreement.
    What this means: We will use commercially reasonable efforts in an attempt to provide services to you. However, all services are offered "as-is", although we will not knowingly match you with unsuitable Volunteers.
  4. PROJECT INFORMATION
    You may access all Project information by logging into Your Catchafire profile.
    What this means: All project information can be accessed online.
  5. FEES AND PAYMENTS
    1. Subscription Fees. Unless otherwise indicated on a Form referencing this Agreement, all Subscription Fees associated with Your access to and use of the Service are due in full upon commencement of Your Initial Subscription Term. If You fail to pay Your Subscription Fees or fees for other services indicated on any Form referencing this Agreement within five (5) business days of Our notice to You that payment is due or delinquent, or if You do not update payment information upon Our request, in addition to Our other remedies, We may suspend or terminate access to and use of the Service by You and Your Users.
    2. Payment by Credit Card. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods. Catchafire uses a third party intermediary to manage credit card processing and this intermediary is not permitted to store, retain or use Your billing information except to process Your credit card information for Catchafire. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
    3. Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Service. You shall have no liability for any taxes based upon our gross revenues or net income.
    What this means: You agree to specific billing and payment provisions when using our service.
  6. SUBSCRIPTION TERM AND RENEWAL
    1. Initial Subscription Term. The initial subscription term shall begin on the effective date of your Subscription and expire at the end of the period selected during the subscription process ("Initial Subscription Term").
    2. Renewal Subscription Term. Unless one of us gives the other written notice that it does not intend to renew the subscription, this Agreement will automatically renew for the shorter of the Initial Subscription Term or one month ("Renewal Subscription Term"). Written notice of non-renewal must be sent no more than ninety (90) days but no less than seven (7) days in advance of the end of the Subscription Term. The Renewal Subscription Term will be on the current terms and conditions of this Agreement. Unless otherwise provided for in any Form, the Subscription Fees applicable to Your subscription to the Service for any such subsequent Subscription Term shall be Our standard Subscription Fees for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences.
    3. End of Subscription Term. The Subscription Term will end on the expiration date and cannot be canceled before its expiration.
    What this means: Your Initial Subscription Term begins on the effective date of your Subscription and expires at the end of the period you selected during the subscription process. Your Renewal Subscription Term will be equal to whatever’s shorter -- Your Initial Subscription Term or one (1) month. Your Subscription will end on the expiration date and cannot be canceled before then.
  7. CANCELLATION AND TERMINATION OF SERVICES
    1. No refunds or credits for Subscription Fees or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled.
    2. If You terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to 7.3, in addition to other amounts You may owe Catchafire, You must immediately pay any then unpaid Subscription Fees associated with the remainder of such Subscription Term. This amount will not be payable by You in the event You terminate Your subscription to the Service or cancel Your Account as a result of a material breach of this Agreement by Catchafire, provided that You provide advance notice of such breach to Catchafire and afford Catchafire not less than thirty (30) days to reasonably cure such breach.
    3. Catchafire reserves the right to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or Your Users’ rights to access and use the Service, and remove, disable and discard any of Your Data if We believe that You or Your Users have violated this Agreement. Unless legally prohibited from doing so, Catchafire will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Catchafire shall not be liable to You, Your Users, or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You, Agents or End Users may be referred to law enforcement authorities at Our sole discretion.
    What this means: You may terminate this Agreement by sending us written notice. Catchafire may terminate this Agreement by providing written notice.
  8. PROJECT COMPLETION ISSUES AND WORK PRODUCT ISSUES
    1. Credits for Project Completion Issue(s) or Work Product Issue(s). If You suffer either a Project Completion Issue or a Work Completion Issue on an individual Project, Catchafire agrees, at its discretion, to either (i) use its reasonable best efforts to find you a new Matched Volunteer to complete the Project (or a different Project of your choosing), or (ii) credit You for additional month(s) of membership equal in duration to the amount of time that you suffered either a Project Completion Issue or Work Product Issue. The maximum allowable credit is 3 months.
    2. Conditions to Claim a Project Completion Issue or Work Product Issue Credit. Only You may submit a claim for a Project Completion Issue or Work Product Issue. You agree that Catchafire has the sole discretion in granting credits for either a Project Completion Issue or Work Product Issue. You must also meet the following conditions:
      1. Upon discovery, You must immediately provide notice to Catchafire of the Project Completion Issue or Work Product Issue and provide Catchafire with information about the Project Completion Issue or Work Product Issue and respond to any additional requests for information or cooperation.
      2. You must not have directly or indirectly caused the Project Completion Issue or Work Product Issue.
      3. You must have used reasonable best efforts to try to remedy the circumstance of the Project Completion Issue or Work Product Issue prior to making a claim.
  9. Catchafire Decision Making For Credits. You agree all determinations with respect to the grant of any credits shall be made by Catchafire, including without limitation the size of any credit, and such determinations shall be final and binding on You.
    What this means: You may also be entitled to a credit, if you experience a Project Completion Issue or Work Product Issue, subject to certain conditions.
  10. CLIENT CONTENT
    You represent, warrant, and covenant to Catchafire that: (1) You own all rights, title, and interest in any Client Content provided to Catchafire or Matched Volunteer (2) the Client Content does not infringe on the rights of any third party; (3) You are the owner or has written authorization from the owner for all Client Content provided to Matched Volunteer or Catchafire; (4) You grant to Catchafire and Matched Volunteer a non-transferable limited license during the terms of this Agreement to use the Client Content in accordance with this Agreement; and (5) You, where you represent yourself as a certain class of entity (a nonprofit organization, for example) is complying with any laws which define that class of entity. You agree to indemnify Catchafire for all claims, threats, damages, costs and expenses, including attorneys’ fees incurred by Catchafire as a result of any infringement(s) from use of Client Content, as well as any court costs, disbursements, and other expenses. For any Client Content, You grant Catchafire a non-exclusive, irrevocable license, to use, broadcast, transmit, display, prepare derivative works or otherwise promote the Catchafire Service. Catchafire may, but is not obligated to, create its own advertising materials using Client Content. Catchafire may at its option stop using Client Content upon termination of this Agreement; however termination of this Agreement does not obligate Catchafire to do so. Furthermore, Catchafire is not required to transfer any materials using such Client Content to You upon cancellation or termination of this Agreement.
    What this means: You agree that you own or have paid for all Client Content provided to Catchafire or any Volunteers.
  11. WORK PRODUCT
    For any Work Product delivered to You by a Matched Volunteer, You agree to grant the Matched Volunteer an irrevocable, non-exclusive, non-sublicensable license from You to Volunteer to use Work Product for Matched Volunteer’s portfolio, to advertise Volunteer’s services, or for non-commercial purposes. Matched Volunteer will not otherwise resell, prepare derivative works, re-license, lease, assign, loan or use the Work Product for any other commercial purposes. All Work Product created by a Matched Volunteer shall be deemed a "work for hire" as defined by US Copyright Law. Additionally, upon completion and delivery of any Work Product, You shall receive all title, right, or ownership of the Work Product, as arranged separately between You and Matched Volunteer. You shall be solely responsible for any fees or costs associated with transfer or assignment of any Work Product. Failure to pay for such fees or costs in their entirety may cause You to forfeit any rights or future interests in the Work Product.
    What this means: For any Work Product delivered to you, you agree to provide Volunteers a license to use that Work Product subject to certain conditions.
  12. NON-CIRCUMVENTION
    You agree that the Catchafire matching program is an integral part of the Catchafire service and once You have begun using the Catchafire matching service for any Projects, You will not attempt to circumvent the service by contacting any Volunteers offline or by other means outside of the services provided by Catchafire. You shall notify Catchafire immediately if any Volunteers, Matched or un-Matched, attempt to circumvent the matching process. Failure to abide by this provision is a material breach of this Agreement. You further acknowledge that failure to abide by this provision will cause harm to Catchafire and may result in cancellation or suspension of Your account and access to Catchafire.
    What this means: You agree not to attempt to circumvent our service once you have registered. You agree to contact us if a Volunteer is attempting to circumvent our Service.
  13. CONFIDENTIAL INFORMATION
    You agree not to disclose any Confidential Information received from Catchafire unless compelled to by a court of law.
    What this means: You agree that you will not disclose Confidential Information received from Us.
  14. NO WARRANTIES
    CATCHAFIRE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES OR ANY PRODUCTS PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT RESTRICTED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREES THAT YOU ARE PURCHASING THE SERVICES "AS IS" WITH ALL FAULTS AND DEFECTS. CATCHAFIRE MAKES NO CLAIMS, EXPRESS OR IMPLIED, THAT YOU WILL BE SUCCESSFUL FINANCIALLY OR EXPERIENCE INCREASED VOLUNTEER PARTICIPATION AS A RESULT OF USING CATCHAFIRE AND RELATED SERVICES. THE RESPONSIBILITY TO PROVIDE PAYMENT TO CATCHAFIRE IS NOT CONTINGENT ON A VOLUNTEER BEING MATCHED WITH YOU EXCEPT IN CASES WHERE SUCH MATCHING IS REQUIRED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATCHED VOLUNTEER IS SOLELY ASSUMED BY YOU.
    What this means: Our service is offered "as-is" and we disclaim all express and implied warranties.
  15. LIMITATION OF LIABILITY
    IN NO EVENT SHALL CATCHAFIRE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES OR ANY PRODUCTS PROVIDED UNDER THIS AGREEMENT, EVEN IF CATCHAFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CATCHAFIRE DISCLAIMS ALL LIABILITY FOR, AND YOU HEREBY AGREE THAT CATCHAFIRE SHALL NOT BE LIABLE FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (2) LOSS OF OR DAMAGE TO REPUTATION OF YOU OR ANY THIRD PARTY, (3) LOSS OF INFORMATION OR DATA, (4) USE, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, (5) CLAIMS THAT A MATCHED VOLUNTEER CAUSED DAMAGE OR HARM TO YOU, (6) DELETION, MISDELIVERY, FAILURE, OR UNTIMELINESS IN POSTING OR STORING ANY INFORMATION, OR (7) MATTERS OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES. Catchafire's liability to You for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to $200 in the aggregate. Subject to the foregoing, If any applicable provisions of law prevent Catchafire from limiting its liability as described in the previous sentence, Catchafire’s liability shall be the minimum applicable liability established by law. You acknowledge and agree that the Service is not guaranteed, the Service may not produce the results desired by You, or the Service may cause undesirable results or ramifications that may result in substantial financial liability to You and/or its affiliates. You agree not to hold Catchafire liable for any changes which may occur to Your reputation as a result of the provision of the Services.
    What this means: We limit our liability to the greatest extent possible.
  16. INDEMNIFICATION
    You agree to defend, indemnify and hold harmless Catchafire, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
    1. Your use and access to the Catchafire Service.
    2. Your violation of this Agreement or the Catchafire Terms of Use.
    3. Your violation of any laws or regulations of the United States.
    4. Any claim that Your actions caused harm or injury to a third party.
    You also agree that it has a duty to defend Catchafire against such claims and Catchafire may require You to pay for an attorney(s) of Catchafire’s choosing. Catchafire agrees that this indemnity extends to requiring You to pay for Catchafire’s reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, Catchafire may elect to settle with the party/parties making the claim and You shall be liable for the damages as though the claim had proceeded with a trial.
    What this means: You agree to indemnify us for your use of the Catchafire Service and for any claims that your actions may have harmed a third party.
  17. APPLICABLE LAW, JURISDICTION, AND ARBITRATION
    The validity, construction, and the enforceability of this Agreement shall be governed in all respects by the internal laws of the State of New York of the United States of America, without giving effect to principles of conflicts of laws. Each Party agrees that any suit, action or proceeding brought by such Party against any other party in connection with or arising from this Agreement for damages under $3000 USD shall be brought solely in the court of competent jurisdiction in or nearest to New York County, New York. Any other disputes and claims arising under, or with respect to, this Agreement exceeding $3000 that are not resolved by the affected Parties informally after good faith attempts to do so for ten (10) business days shall be resolved by arbitration before one (1) arbitrator in New York, New York in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The appointing agency shall be the AAA and the arbitrator shall apply New York law to both interpret this Agreement and fashion an award, except with respect to the issue of disputes regarding the scope of disputes or claims that are subject to this Arbitration provision, in which case a three (3) arbitrator panel that does not include the original arbitrator shall be empowered to resolve such disputes regarding the scope of arbitration. Any Party to this Agreement may apply to the arbitrator to seek injunctive relief until an arbitration award is rendered or the controversy is otherwise resolved. Any Party to this Agreement also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that Party, pending the appointment of the arbitrator. The decision or award of the arbitrator shall be final and binding upon all Parties. Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction.
    What this means: You agree to jurisdiction in the county of New York, NY for all claims and disputes. For any claims of $3000 or greater you agree to arbitration through the AAA.
  18. NOTICE
    All notices to be provided by Catchafire to You under this Agreement may be delivered in writing (i) by nationally recognized overnight delivery service ("Courier") or US mail to the contact mailing address provided by You on any Form; or (ii) electronic mail to the electronic mail address provided for Your Account owner. You must give notice to us in writing by (i) email addressed to help@catchafire.org or (ii) Courier or US Mail to the following address: Catchafire, Inc., Attn: Legal Department, 31 E 32nd St #1001, New York, NY 10016. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.
    What this means: Catchafire may provide You notice, and You may provide Catchafire notice by email or through regular mail.
  19. MISCELLANEOUS PROVISIONS
    1. Entire Agreement. This Agreement together constitutes the sole agreement between the Parties, with the exception of Catchafire’s Terms of Use, Catchafire’s Billing and Payment webpages, the Privacy Policy, and the Catchafire Volunteer Services Agreement with the corresponding Matched Volunteer, which are subordinate to this Agreement to the extent that they conflict. Once signed, this Agreement will remain effective until the Services are completed or this Agreement is cancelled or terminated by the Parties or any legal provisions or orders. Any modifications of this Agreement must be in writing and signed by both Parties.
    2. Severability. If any provision in this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected. If any provision is held invalid or unenforceable with respect to particular circumstances, it nevertheless shall remain in full force and effect in all other circumstances.
    3. Modification. The failure of Catchafire to enforce strictly any term, right or condition of this Agreement shall not be construed as a waiver of such term, right or condition. No provision of this Agreement shall be deemed waived, amended, or modified by either Party unless such waiver, amendment, or modification is in writing and signed by the Party against whom enforcement of the waiver, amendment or modification is sought to be enforced. This Agreement shall become effective on the date it is executed by both Parties.
    4. Assignment. Neither Party may assign this Agreement or all or any portion of its rights herein without the prior written consent of the other Party; provided, however, that in the event of a sale of the Catchafire’s business in whole or in part, the Catchafire has the right to transfer or assign its rights hereunder to the acquiring party the extent the obligations under this Agreement are assumed by the assignee of such this Agreement.
    5. Survival. Any provision that would reasonably be expected to survive the termination of this Agreement shall survive and remain in full force.
    6. "What It Means" clarifiers. The "What It Means" clarifiers are only intended to help assist in the readability of this Agreement. The "What It Means" provisions are not part of the Agreement, are not intended to clarify or assist in interpreting any provision in this Agreement, and do not impart any binding or contractual obligations or responsibilities to either Party.
    What this means: You agree to the miscellaneous provisions listed within this section.

Privacy Policy

Our Commitment to Privacy

Catchafire is committed to protecting your privacy and will make reasonable efforts to provide you a safe and secure user experience. We aim to make our privacy policy easy to read so you that you understand our online data collection practices and usage policies for www.catchafire.org (the "Site" and any "Services"). Please note that your use of the Site and any of our Services is subject to our Terms of Use which you may access at the bottom of our homepage. Our Privacy Policy and Terms of Service are integral to your use of our Site, therefore you must agree to both agreements before using our Site or any of our Services.

Scope of the Privacy Policy

The Privacy Policy applies to all information you provide to Catchafire through the Site. If you have submit information to any third parties through our Site and Service, we cannot be responsible for any information collected by those third parties.

What This Means: This Privacy Policy deals with our information collection practices.

What Information We Collect

We generally collect two types of information—personally identifiable information ("PII") and non-personally identifiable information ("Non-PII"). PII is any information that can be used to specifically identify you as an individual. For example, you may submit and we may collect your name, email address, address, phone number, or similar information through the Site. Non-PII consists of information that does not specifically identify you. The following section describes how we collect and use your PII and Non-PII.

What This Means: We collect both personally identifiable and non-personally identifiable information.

How We Collect and Use Information
Cookies and Beacons

Like all websites, we use cookies and other technologies, including web beacons, so that we can enhance your user experience. Web beacons and cookies collect information such as URLs you came from and go to, your browser and OS information, your IP address, your mobile provider, your mobile device, and your ISP. None of the information collected by our cookies or web beacons is PII.

Cookies are bits of data placed on your hard drive when you visit websites. A cookie file contains information that can identify you anonymously and maintain your account's privacy. We use cookies to maintain your identity between sessions so that the Site can be personalized based on your preferences or history. We may also use cookies to track information about which pages you visit within the Site to help us gauge the effectiveness of the Site or our content. We may also store other information such as recent searches in your session. We use cookies to tell us, for example, whether you have visited us before or if you are a new visitor, and to help us understand what areas of the Site are of greatest interest to you. Cookies also may enhance your online experience by saving your preferences and password so you do not have to re-enter this information each time you visit the Site.

Most web browsers automatically accept cookies, but you can configure your browser to stop accepting new cookies, to notify you when you a new cookie is received, and to disable existing cookies. If you choose to disable cookies in your browser, however, you may be unable to take full advantage of all the Site’s features.

Log Files

When you are using the Site, we automatically gather basic information from your browser, such as IP address, browser type, ISP, OS, and date/time stamps to analyze trends, administer the site, analyze bugs, and gather broad demographic information. We will not share log files externally.

Information About You

When you register with Catchafire, you may provide a variety of information to help us match you with the best possible volunteer or volunteer experience. We may display some of this information on our site publicly (such as name, location, and profile) and this information can be viewed by all registered users of the Site. We will not display any of your contact information, professional experience, skills, cause interests, or volunteer biography with the general public. However, this information may be shared either with volunteers or organizations looking for volunteers as this is the most reliable way to ensure that volunteers and organizations will be properly matched.

Information From Other Web Sites

When associating your Catchafire account with other Internet services, we will collect any information that you make available from your accounts on those websites. We collect this information to help us improve our ability to match you with a volunteer or volunteer opportunity and to improve your overall user experience on the Site.

Email/Telephone

When you register for our services we require an email address that may be used for communications. Email messages may contain code that helps our systems track your usage of these emails, including what links were clicked. If you would rather not receive promotional email from us, please see the "Choice" section below. We reserve the right to send you email regarding service announcements, administrative messages, and Privacy Policy or Terms of Use changes.

We may also contact you by telephone solely in connection with Catchafire services. If you would rather not receive phone calls from us, please remove your phone number from your profile.

What This Means: We collect information through your use of the Site, by email, through cookies, and log files, among other things.

Disclosure of Your Information to Others
Opt-In Requirement

Without your affirmative consent, we will not sell, rent, or otherwise share your PII with other third parties, unless required as described under the Required Disclosures section below. In the case of posting a volunteer opportunity and accepting a volunteering match, we regard this as affirmative consent and will disclose your PII with the matched party.

However, we may use third party suppliers and service providers to facilitate our services, and they may have access to your PII. For example, we may outsource one or more aspects of our Site to a supplier or service provider who performs services according to our requirements. Although we endeavor to select only reputable companies who share our commitment to privacy and will restrict how these suppliers or service providers may use or disclose the PII to which they have access, we are in no way responsible for such third parties or their activities. Therefore, you agree to allow us to give your information to third party suppliers and service providers in order for us to provide service to you.

Due to factors beyond our control, we cannot fully ensure that your information will not be disclosed to third parties. For example, third parties may circumvent our security measures to unlawfully intercept or access your information.

Search Engines and Web Crawlers

Certain PII that you provide through the registration process (such as name, location, and profile image) may be accessible and made public through syndication programs, search engines, crawlers, and other similar programs.

Required Disclosures

We make every reasonable effort to preserve your privacy, but may need to disclose your PII when required by law or if we have a belief that such action is necessary to:

  • Enforce the Privacy Policy or the Terms of Use;
  • Comply with a judicial proceeding, court order, or legal process; or
  • Protect the rights, property, or personal safety of Catchafire, its members, or others.

You authorize us to disclose any information about you to law enforcement or government officials as we, in our sole discretion, believe is necessary or appropriate, in connection with any investigation of illegal activity or that may expose us to liability.

What This Means: We will never sell your information without your consent. However, some of your information may be disclosed through search engines, to third party contractors, or where required.

How to Review and Change Information

You may control the information you provide to us in various ways.

If you would like to change any of your information in our database, you can do so by logging onto your account and following the directions.

To cancel your account, send an email request to help@catchafire.org from the email address you provided us in your registration.

What This Means: You may change your information by accessing your online account.

Age Restrictions

Any person who provides information through the Site represents that they are 13 years of age or older. We do not knowingly collect PII from anyone under the age of 13. Our Site and Service are not designed for users under 13. In compliance with the Children’s Online Privacy Protection Act, we will purge any information we receive that we believe is from a user under the age 13 upon discovery of such information. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to the Site, please contact us immediately.

What This Means: In order to use Catchafire, you must be 18, or at a minimum 13 with a parent or guardian’s consent.

Text Messaging

By providing your cell phone number to Catchafire, you expressly consent to receiving informational text messages regarding your Catchafire account. Please be aware that you may opt out of the text messages by notifying Catchafire at help@catchafire.org or through the text message itself. If you have any questions, do not hesitate to contact us.

What This Means: Your cellphone number may be contacted to send you informational text messages from Catchafire.

Choice

You may use the Email Preferences features on the Site to opt-out of notifications, promotional emails and newsletters. You will also have the ability to opt-in in the event that we share your information with other third-party organizations for their marketing or promotional uses or various other programs or features. If you wish to be removed from any communications simply respond to the link provided in the email or email us at help@catchafire.org.

What This Means: You may opt-in or out of emails from us.

Contacting Us

If you have any questions or comments about the Privacy Policy, the practices of the Site, or your experiences with the Site, please contact us at help@catchafire.org.

What This Means: If you have questions contact us.

Privacy Policy Changes

We reserve the right to change or update the Privacy Policy at any time, and will notify users of the Site by posting such changed or updated Privacy Policy on this page. Under certain circumstances, we may also elect to notify you of changes or updates to the Privacy Policy by additional means, such as by posting a notice on the homepage of the Site or by sending you an email. Any changes or updates will be effective immediately upon posting to the Site and will be reflected by the Effective Date below. Continued use of the Site following any changes shall indicate your acknowledgement of such changes and agreement to the Privacy Policy and any future revisions.

What This Means: When we make changes we will change this Privacy Policy or we may contact you.

Security

To protect your privacy and security, we take reasonable steps to verify your identity before granting profile access. You are responsible for maintaining the secrecy of your unique password and account information at all times.

The Site has reasonable safeguards to protect against the loss, misuse and alteration of the information under our control. However, as this is the internet we can make no assurances or guarantees that your information will be 100% safe. For this reason we recommend you take appropriate measures such as protecting your passwords, using firewalls or downloading anti-virus software. If we learn of a security systems breach, then we may attempt to notify you electronically through our Site or by email so that you can take appropriate protective steps. By using the Site or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site.

What This Means: We will attempt to protect your information; however, we cannot make a 100% guarantee that it will be secure.

International Users
The Site is hosted in the United States. All information that is submitted by you is stored and processed within the US, which may not have the same data protection and privacy laws as your country. For your personal information, you agree to:

  • The use of your personal data for the uses identified above in accordance with the Privacy Policy; and
  • The transfer of your personal data to the United States as indicated above.

Please be aware that your information may also be processed by us in the country where it was collected as well as other countries where laws regarding processing of information may be less stringent than the laws in your country.

What This Means: Your information may be stored or processed in the US.

Change of Control

In the event of a change of control of Catchafire from, for example, a sale to, or merger with, another entity, or upon Catchafire’s filing for a bankruptcy, information Catchafire receives from you is a Catchafire asset that may be transferred.

What This Means: Your information may be transferred upon sale of Catchafire.

California Privacy Rights

Catchafire permits residents of the State of California to use its Service, and complies with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at help@catchafire.org with any questions.

What This Means: Californians are entitled to certain disclosures, contact us if you have any questions.

Last updated: July 24, 2013