PLEASE BE AWARE THAT THERE ARE ARBITRATION PROVISIONS WITHIN THIS AGREEMENT.
- “NPO(s)” means a nonprofit organization, charity, social enterprise, or other organization.
- “Volunteer” means any prospective volunteer(s) who may wish to work with a NPO.
- “Registered NPO” means an NPO that has registered on Catchafire’s website.
- “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.
- “Project” is defined as a volunteer engagement with a predefined scope and deliverables.
- “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.
- “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
4. VOLUNTEER’S REPRESENTATIONS AND WARRANTIES
For the duration of this Agreement, Volunteer represents and warrants that:
- 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.
- Volunteer has provided truthful and accurate information regarding their professional skill and background.
- Volunteer has paid for or owns all rights to any Work Product produced by Volunteer and provided to Catchafire or the Matched NPO.
- Volunteer has the right to transfer ownership to any Work Product provided to Catchafire or the Matched NPO.
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: 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
6. VOLUNTEER STATUS
7. TERM AND TERMINATION
10. NO VIOLATION
11. CONFIDENTIAL INFORMATION
12. LIMITATION OF LIABILITY AND DISCLAIMER
14. APPLICABLE LAW, JURISDICTION, AND ARBITRATION
15. MISCELLANEOUS PROVISIONS
- 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.
- 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.
- 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.
- 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.