These Terms were last updated on March 3rd, 2021. These Terms cover visiting our website and any actions you take or communications you make to us through our website, our backend SaaS platform, or through email (the “Services”). By continuing to use the Services you agree to the Terms and any updates to the Terms. If you do not agree to the Terms or any updates to the Terms, you may not use the Services, may not interact with Besa, and must terminate your engagement with Besa.
Besa provides a variety of volunteer services for companies, nonprofits, and individual users. Individual users can find volunteer opportunities through the Besa services, join community groups, whether through their employer or otherwise, and interact with other volunteers. Companies can use the Besa services to offer volunteer opportunities to their employees and offer grants. Nonprofits can use the Besa services to provide and/or host volunteer events and apply for grants from Besa’s corporate users. These Terms apply to any individual user, whether you are using the Besa services through your employer or a nonprofit you work with or if you are just an individual user looking for volunteer opportunities. Companies and Nonprofits are collectively referred to as “Organizations” in these Terms. Users and Organizations can create Besa Communities (“Communities”) in which users can interact and find volunteer opportunities. Some Communities are closed Communities and some Communities are open to all.
BESA COMMUNITY does not recommend or endorse any specific services, programs, organizations, products, procedures, opinions, or other information that may be mentioned on the Site.
2. Content and License to Use Services
In these Terms, the content on the Services, including all information, writings, methods, data, logos, marks, designs, graphics, pictures, sound files, digital download files, other files, and their selection and arrangement, is called “Content.” All Content and all software available on the Service or used to create and operate the Services is the property of Besa or its licensors, and is protected by domestic and international copyright laws, and all rights to the Services, such as Content and such software, are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by Besa.
Besa grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy, and print the portions of the Content available to you on the Services for personal use only or for use by your specific business; provided, however, that no Content may be distributed by you to any third parties without our express permission. Such license is subject to these Terms and specifically conditioned upon your compliance with these Terms. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, these Terms, and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The license in this Section is revocable by us at any time.
3. Your Content
The information collected when you provide information of any kind to Besa is known as the “User Content.” By providing any User Content to Besa, whether directly or through your use of the Services, you grant Besa and Besa’s affiliates and service providers, Organizations you are a part of or select, and each of their and Besa’s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of providing the Services and for other purposes expressed herein. Besa does not claim any ownership in any User Content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit, or store through the Services. You understand and acknowledge that you are responsible for any User Content submitted by you and have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. Besa is not responsible, or liable to any third party, for the content or accuracy of any User Content submitted by you.
Besa and the Organization disclaim any and all liability in connection with or arising from User Content uploaded, stored, transmitted, or otherwise distributed by you. By uploading, storing, transmitting, or otherwise distributing User Content, you affirm, represent, and warrant that the User Content does not and will not: (i) violate these Terms , (ii) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (iii) slander, defame, or libel any other person; or (iv) contain any viruses, adware, spyware, worms, or other malicious code. Violators of any third-party rights may be subject to criminal and civil liability. Besa reserves all rights and remedies against any Users who violate these Terms.
In the event Besa receives any information or notice that any User Content uploaded, stored, transmitted, or otherwise distributed by user violates these Terms or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, Besa reserves the right to immediately remove the User Content without notice to you and without any obligation to investigate an allegation of infringement. Besa further reserves the right in its sole and unfettered discretion to remove for any reason whatsoever and at any time, any User Content uploaded, stored, transmitted, or otherwise distributed by you, without prior notice to you.
4. Your Limited License of User Content to Us
Therefore, by posting or distributing User Content to or through the Services, you (a) grant Besa and its affiliates and subsidiaries a non-exclusive, royalty-free, sub-licensable, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Services, in the manner in and for the purposes for which the Services from time to time uses such User Content; and (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other users on the Services or with an Organization in which you belong or select to share your User Content with, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such users for their use in connection with their use of the Services. We may also share your relevant User Content with the volunteer leader for any volunteer event in which you sign up to participate in and/or attend using the Services.
These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. We reserve the right to sell or otherwise transfer aggregate data generated from the Services to third parties. We have the right to “modify, adapt, translate, and create derivative works from such User Content” because the normal operation of the Services does this to your User Content when it processes it for use on the Services and any such modified, adapted, or translated derivative work is the property of Besa.
If you use the Besa Services to post any Content on behalf of a company, nonprofit, or other organization you are involved with, you warrant that you are authorized to post such Content and represent yourself on behalf of such organization.
5. Prohibited Activities; Enforcement of Policies
By agreeing to these Terms, you agree not to (or authorize or encourage any third party to) use the Services to (a) upload, store, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Besa; (b) upload, store, transmit, or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations; (c) use the Services for any fraudulent or inappropriate purpose; (d) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access accounts of others without permission, forge another persons’ digital signature or identity, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity; or (e) use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
Besa reserves the right to scan all User Content to ensure compliance with these Terms. In the event Besa determines, in its sole discretion, that your use of the Services is in violation of these Terms, Besa shall have the right without recourse by the user to immediately terminate your account.
6. Linking to the Services
You may provide links to the Services, provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Services, (b) your service does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Services immediately upon request by us.
To use certain portions of the Services requires you to register. When registering you agree to provide us with accurate and complete registration information. You must be at least 13 years old to use the Services. Your registration must be done using your real name and accurate information. You are responsible for preventing any unauthorized use and you agree to accept all risks of unauthorized access to your registration data. Besa shall not be liable for any consequences that may result from incorrect, incomplete, false, stolen, or lost information. Besa may also allow registration and use of the Site and Services through third-party means such as Facebook or through a branded Organization portal. Besa makes no guarantee related to such login methods and offers them only for convenience.
You agree to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If you believe that your user ID or password has been compromised, you agree to contact Besa immediately via e-mail or telephone.
8. Inactive Accounts; Cancellation; Termination
You and/or Besa may terminate your use of the Services at any time. Specifically, we reserve the right to terminate your user account and your use of the Services without prior notice if we believe in our discretion that you have violated or acted inconsistently with these Terms. When your account is terminated, we may retain an archival copy of your User Content after termination for up to sixty (60) days; however, we do not make any guarantee that we will do so. We may also retain certain data that is necessary for the products or services or that is required for our legitimate business purposes or legal or contractual record keeping requirements, including compliance with all applicable public records requests laws. We may also keep raw data from your use of the Services and information you submit to the Services, but will work to remove all personally identifiable information from such content.
The Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Services is accurate and complies with applicable laws. We are not responsible for the illegality of or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
10. Errors, Corrections and Changes
We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Services. We are not obligated to create or provide support, corrections, upgrades, bug fixes, and/or enhancements to the Services.
11. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
12. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services and the content and materials provided therein.
13. Electronic Communications
When you visit the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. Service Interruptions
Besa is not responsible for interruptions of the Services beyond its control. This includes interruptions by its suppliers and natural disasters.
15. Third Party Services
Besa uses third-party vendors to deliver some of its Services. By using the Services, you agree to Besa using such third-party vendors and sharing your User Content and information with these vendors. Besa is not liable for any damages or liabilities caused by the use of any third-party vendor.
16. Data Confidentiality and Security
Besa has taken commercially reasonable measures to ensure the safety of User Content when it is being stored and transmitted.
18. Volunteer Opportunities and Events
If you are using the Besa Services to find volunteer opportunities, your correspondence or ensuing relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors, or other third parties found on or through the Besa Services (“Volunteer Organization”), including posting or acceptance of volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between you and the Volunteer Organization you choose to deal with. While Besa and its corporate partners can facilitate volunteer activities, connect you to an organization and/or volunteer activity, provide a volunteer leader for a volunteer activity at a volunteer organization, and provide additional services including, but not limited to, a photographer for the volunteer event, YOU AGREE THAT BESA AND ITS CORPORATE PARTNERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST BESA AND ITS CORPORATE PARTNERS ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A VOLUNTEER ORGANIZATION.
You hereby release us, our officers, employees, agents, partners, and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Besa Community users (including volunteer opportunities), or (ii) your participation in any volunteer activities or activities arising from or related to your use of the Services.
On occasion, Besa will photograph or record volunteer events. You confirm that you grant permission, without compensation to you, to Besa and its affiliates, licensees, and assigns (collectively, “Producer”), to film, photograph, tape, record, and edit you at any volunteer event in which you participate. You acknowledge and agree that Producer shall be the exclusive owner of all copyrights and other rights to and in connection with such appearance by you. You hereby irrevocably and unconditionally grant to Producer the right to utilize your appearance and any information by or about you, without limitation, with relation to your attendance at the event.
19. Modification of These Terms
When using the Services, you agree to comply with any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such guidelines and rules are hereby incorporated by reference into these Terms. Besa may, at its sole discretion, modify or revise these Terms and policies at any time; by using the Services you agree to be bound by such modifications or revisions. If you do not accept and abide by these Terms, you may not use the Services.
When the Terms have been modified, we will, at our discretion, send you a notification or post an announcement on our website which will be displayed for a period of seven (7) days from the date the Terms were modified.
20. Indemnifications and Hold Harmless
You agree to defend, indemnify and hold harmless Besa, its affiliated companies, officers, directors, employees, and agents and the Organization from and against all claims, demands, suits, costs, damages, and expenses, including, but not limited to, attorneys’ fees and reasonable settlements that Besa may sustain or incur by reason of (a) your use of the Services, (b) breach, alleged breach or violation of the foregoing warranties, representations, and covenants, (c) any violation of any third party right arising from Content submitted by you, (d) any claim that any User Content submitted by you caused damage to a third party, or (e) any other violation of these Terms. Your obligation to defend, indemnify and hold harmless Besa shall survive these the termination of any license between you and Besa, including these Terms.
21. Disclaimer of Warranties; Limitations of Liability
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. BESA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BESA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE OR SERVICES, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE; AND/OR (III) THE SERVICES AND PRODUCTS FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE, AND BESA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THIS SITE OR THE SERVICES.
22. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BESA OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIM RELATED TO THE SERVICES, THE USE OF OR INABILITY TO USE THE SERVICES AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BESA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ANY CAUSE OF ACTION OR CLAIM LICENSEE MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED
23. U.S. Government Restricted Rights
The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.
24. Miscellaneous Terms
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, except for its conflicts of laws principles. You consent to the exclusive jurisdiction and venue in the state and federal courts in Franklin County, Ohio. Besa may transfer and assign these Terms and ownership of the Services without restriction. You may not transfer or assign any of these Terms or any Services. You affirm and warrant that you are legally competent to enter into these Terms, and the conditions, obligations, affirmations, representations, covenants and warranties set forth herein. If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the remaining provisions of these Terms shall not be affected. No waiver of any term of these Terms shall be deemed to constitute a continuing waiver of such term. By accepting these Terms, you agree to allow Besa to send you periodic emails including, but not limited, to system maintenance announcements, newsletters, and other marketing materials. You may unsubscribe from these communications at any time.
25. System Requirements
The Service is offered by Besa, located at: 966 S High Street, Columbus, OH 43206
Date last updated: 3/3/2021