x2VOL Terms of Service

Effective Date: December 1, 2017

Welcome to x2VOL, powered by intelliVOL!

The Terms of Service (referred to here as the “Terms of Service”), plus our Privacy Policy, make up the agreement between us (Five For A Dollar, LLC d/b/a intelliVOL, referred to here as “intelliVOL”) and you, who are a “user” of x2VOL. The Terms of Service apply to your use of intelliVOL’s “services”, which include, for example, our x2VOL website (www.x2vol.com) and web interfaces (together, referred to as our “website”), any mobile applications now or later developed (our “apps”), and our customer support.

  1. By using our services, you accept the Terms of Service. We will change them occasionally, so make sure you stay up to date.

    Make sure you read everything in the Terms of Service before you use our services. You are legally bound by the Terms of Service each time you use our services, even if the Terms of Service have been updated since you last read them. The current Terms of Service supersede anything we may have already discussed or agreed to with you about our services.

    Please do not use our services if you disagree with any part of the Terms of Service, including, for example:

    • the waiver of your right to a jury trial;
    • the requirement to arbitrate any disputes with us (rather than, for example, resolving the dispute in court); and
    • the prohibition of class action lawsuits against us (see Section 20 for more).

    We may update the Terms of Service at any time. When we make significant changes to the Terms of Service, we’ll post the new version and update the effective date. A version of the Terms of Service becomes effective when it is first posted on our website. Your continued use of our services following the posting of an updated Terms of Service means that you accept and agree to the changes, so please check our website occasionally to make sure that you are up to date.

  2. By using our services, you represent certain information about yourself is true and that you will abide by the Terms of Service and our Privacy Policy.

    By using our services, you represent, warrant, and agree that:

    • You are a U.S. permanent resident or citizen;
    • You are 13 years of age or older;
    • You are not a resident of a European Union (EU) Member State;
    • You understand and agree that the Terms of Service are a legally binding agreement and the equivalent of a signed, written contract;
    • You will abide by the Terms of Service;
    • You understand and agree to our Privacy Policy; and
    • All information you provide to us or post on our website or apps will be true, accurate, complete, current, and transmitted in compliance with applicable privacy laws.

  3. Minors under 13 and non-US persons are not allowed to use our services (including our website or apps).

    Our services are not intended for use by minors under 13 years of age. If you are under 13 years of age, you are not authorized to use our services.

    We provide our services for use only by U.S. permanent residents or citizens. We do not knowingly collect information from any residents protected by the European Union (EU) privacy and data security laws and are not certified by the EU to transfer or protect information of EU residents according to EU laws and regulations. THEREFORE, IF YOU ARE A RESIDENT OF AN EU MEMBER STATE, PLEASE DO NOT USE OUR WEBSITE OR APPS.

  4. You do not own our website, apps, trademarks, or any of our other intellectual property.

    Our website and apps, all the content, code, data, works of authorship and materials on our website and apps, the look and feel, design, and organization of our website and apps, and the compilation of the material on our website and apps (collectively referred to as “our content”) are protected by trade secret, copyright, trademark, and other laws. intelliVOL and its licensors own, solely and exclusively, all rights, title and interest in and to our website, our apps, and our content, including, for example, all intellectual property and proprietary rights. Your use of our website, our apps, or our content does not grant to you any ownership in any of it.

    intelliVOL owns or licenses all trademarks, logos, service marks and trade names (collectively referred to as “our trademarks”) displayed on our website or apps. To use any of our trademarks, you must have our written permission or the written permission of the actual owner of the trademark, if they license it to us.

    intelliVOL will let you access, display and use our website and apps as long as you continue to comply with the Terms of Service. This right is granted solely to allow you to use our services as permitted by the Terms of Service. You agree not to remove, alter or obscure any proprietary notices provided in or with our website’s or our apps’ content.

  5. You are responsible for the content you post, but we are still allowed to use it.

    You are responsible for the stuff you post, including, for example, any hour logs, profile information, bulletins, service opportunity listings, personal projects, or reflections (collectively referred to as “your content”). You warrant that if we use your content, we will not be violating anyone’s rights or copyrights. If intelliVOL or its users use your content, you warrant that this will not infringe or violate the rights of any third party, including, for example, any contract rights or any intellectual property or proprietary rights.

    We can use your content or any other information you provide to us or through our website or apps. By posting or otherwise providing intelliVOL with your content on or through our website, our apps, or your account, you grant to intelliVOL a non-exclusive, fully paid up, royalty free, irrevocable, unlimited, worldwide license to reproduce, display, perform, use and create derivative works from such content, except as prohibited by our Privacy Policy or applicable law.

  6. We cannot promise that the information on our website or apps is fully accurate, appropriate, or complete, or that we agree with it.

    intelliVOL does not take responsibility for any information that you, or other users, may transmit, post, or store using our website or apps. intelliVOL will not be liable for any errors or omissions in any of your content or any other content on our website or apps, regardless of who posted it.

    We and our affiliates provide information to you on our website and apps on an “as is,” “where is,“ “where available” and “as available” basis without any representation that it is accurate. Any reliance you place on such information or on the information posted by other users is strictly at your own risk, and by using our services you are disclaiming reliance on such information. We disclaim all liability and responsibility arising from any reliance placed on such information by you, other users, or anyone who found out about such information.

    Our website and apps include content from our users and other third parties (for example, schools, churches, students, volunteers, service organizations, and our business partners). Third party statements are the responsibility of the author and do not necessarily reflect our opinions or imply our approval. We cannot and do not undertake to review all content before it is posted on our website or apps. We are not responsible, or liable to you or any third party, for the content provided by our users and other third parties.

    If you find any inaccurate, inappropriate, or incomplete content, please contact us at support@intellivol.com. We cannot promise that we will promptly remove any content you believe to be objectionable. We have no liability or responsibility to anyone for removal or non-removal of such content.

  7. The Terms of Service grant intelliVOL significant rights.

    intelliVOL has the following rights at all times and at any time:

    • To decline to offer you our services for any reason or no reason, in our sole discretion.
    • To suspend, limit access to, limit the use of, or terminate any account, in our sole discretion.
    • To change or alter our website or apps, the form and nature of our website or any services provided through our website or apps, including requiring payment for some or all uses of our website or apps, at any time.
    • To review, modify, disable, and remove any and all content and information from our website or apps.
    • To cooperate, in accordance with applicable law, with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose content or information that you provide.
    • To change, limit, or discontinue any aspect of the services, including, for example, content, features, hours of availability or equipment required for access.

    You agree that the foregoing are rights of, but not obligations of, intelliVOL and that intelliVOL may, but is not obligated to, exercise any of these rights.

  8. intelliVOL is not responsible for any issues you may have with service organizations, schools, churches, other students, or anyone else involved in your community service projects.

    intelliVOL has developed a web interface that enables people to track community service hours online. We do not participate in the community service projects themselves as part of our services. intelliVOL is not responsible for any issues or problems you may have with your community service projects, including, for example, with the content of community service opportunity posts on our website or apps, the quality of community service projects, or the actions of service organizations. intelliVOL does not represent or warrant that the service organizations that can be found on our website or apps are legitimate, safe, or honest, and we cannot control what those service organizations do or don’t do.

    You are solely responsible for attendance of your community service projects, your behavior while performing your community service projects, confirmation and validation of your hours, and submission of timely and truthful reports of your hours and, if applicable, requests for your Official Service Transcript™. We are not responsible if you miss a submission deadline. If you have a problem with a community service project, you should address the problem with the service organization you worked with or, if applicable, a school or group administrator.

    intelliVOL is not responsible if disputes arise between service organizations, volunteer groups (like churches and schools), and volunteers. When you use our services, you release intelliVOL from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — related to any disputes with service organizations, volunteer groups, and volunteers.

  9. intelliVOL is not responsible for any issues you may have with third parties or anyone else we work with to provide you services.

    While using our services, you may interact with, register for, or make purchases from third parties (for example, by using Parchment to submit Official Service Transcripts™). Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and any such third party. You should become familiar with the terms of service for those third parties, because they will apply to your relationship with them. Such third party products or services shall not be considered our "services" for purposes of this Agreement, and we are not liable to you in connection with your interactions with any such third parties.

  10. Don’t do things that will violate law or the Terms of Service.

    You may use our website and our services only for lawful purposes, and you are solely responsible for ensuring that you do so. You are responsible for all activities that occur in, on, or through your account, regardless of who did it. It is your responsibility to secure and protect your account and to manage anyone who uses your account.

    Do not use our website or our services for any of the following things:

    • Don’t breach any contract or legal duty you have toward anyone.
    • Don’t exploit, harm, or attempt to exploit or harm minors in any way.
    • Don’t lie about your performance of community service projects or your hours.
    • Don’t use our services or our content to make money for yourself (for example, by using our website or apps to provide community service hour management services to third parties).
    • Don’t infringe or violate anyone’s trademarks, copyrights, or other intellectual property rights.
    • Don’t spam people or send them any other junk mail.
    • Don’t bypass any measures we’ve put in place to secure our services.
    • Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of our website.
    • Don’t falsely state or imply that intelliVOL sponsors, endorses, or is otherwise affiliated with you or your content.
    • Don’t violate or infringe anyone’s privacy rights.
    • Don’t use, modify, collect, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of our content, in whole or in part, for any purpose.
    • Don’t frame or use framing techniques to enclose our website or any part thereof.
    • Don’t link to our website or “tag” x2VOL or intelliVOL on social media or other sites unless: (a) it is fair and legal, (b) it does not harm our reputation, and (c) it does not suggest that we associate with, approve, or endorse you or anyone else (unless you have our consent to suggest so).

    As provided in Section 7, we may immediately remove materials that violate the prohibitions above, stop your use of our website or apps, and/or remove your account, among other things. We may cooperate with any law enforcement authorities or court order or subpoena or third party requesting or directing us to disclose the identity of anyone posting such materials.

  11. You must pay your annual membership fee in advance of each year.

    You will pay us your annual membership fee at the beginning of each year of service. The fees are non-refundable and you will not get credit for any partial years of service. If we have to increase the annual membership fee, we will notify you by email of the increase and the new amount of the fee.

    Our annual membership fee does not include any sales tax we are required to collect and remit to the proper authorities. If sales tax is owed, we will add it to the membership fee when we charge you for it.

  12. We use a third party to process your payments and financial information. intelliVOL is not liable for the third party payment processor’s actions.

    Your payments will be processed through Stripe, Inc. or through another third party payment processor. Your relationship with our third party payment processor is separate from your relationship with intelliVOL and may be governed by the terms and conditions contained in the processor’s agreement. intelliVOL is not responsible for the actions or omissions of any third party payment processor.

  13. Your personal information will be handled according to our Privacy Policy.

    intelliVOL agrees to handle your personal information according to the terms of our Privacy Policy, which is incorporated into the Terms of Service by reference. You agree to our use of your personal information in accordance with our Privacy Policy, which may be updated from time to time.

  14. If you come to our website from another website, or if you click any links on our website to another website, you do so at your own risk.

    You may be able to link from our website to third party website and third party website may link to our website (in both cases, referred to as a “linked site”). This includes links contained in ads, including banners and sponsored links. Your use of linked sites is completely at your own risk. You acknowledge and agree that intelliVOL has no responsibility or liability for what you see on or obtain through a linked site. We do not know if the content of any linked site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. intelliVOL does not endorse any linked sites.

  15. You will operate your account in line with the Terms of Service.

    You are responsible for being able to access your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. In addition, you must ensure that all persons who access our website or apps through your account are aware of these Terms of Service and will comply with them.

    You can cancel your account at any time by contacting us at support@intellivol.com, or we may terminate your account in accordance with the Terms of Service. In either case, you will not be refunded any portion of the annual fee you paid for the year in which you cancel.

    In addition, if you cancel your account or we terminate it, we will store your account information and hours for thirty (30) days or as long as our standard procedures provide. It is your responsibility to retain copies of your account information and hours. We are not responsible for deletion of your information after your account is canceled or terminated. Please contact us at support@intellivol.com if you need help retrieving your information pending your account’s cancellation or termination.

  16. Certain parts of the Terms of Service will apply after termination.

    Those provisions of the Terms of Service that expressly or by their nature survive will continue in full force and effect even if you stop using our services and/or if you terminate your account. For example, we will still have rights under these Terms of Service to any content you submitted to our website or apps. Also, everything that you have represented to us in the Terms of Service will survive indefinitely.

  17. If you do something wrong and it causes us problems, you will have to pay us (that is, indemnify us) for our trouble.

    To the maximum extent permitted by law, you agree to indemnify and hold harmless intelliVOL or its affiliates, officers, members, owners, directors, managers, employees, agents, and representatives (collectively referred to as “related parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to (a) your use of our services, (b) your submission, posting, transmittal, transfer (whether intentional or unintentional), display, storage, distribution, removal, or any other use of any personal information pertaining to yourself or another, (c) your violation of the Terms of Service, (d) your violation of any law or regulation, including, without limitation, any privacy or anti-spam laws of any applicable jurisdiction, (e) your violation of any intellectual property right, or (f) any claim that your information or any other content by you caused damage to a third party. intelliVOL reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with intelliVOL’s defense of such claim.

    This indemnification obligation will survive any termination of the Terms of Service and of your use of our services.

  18. WE DISCLAIM ANY WARRANTIES. YOUR USE OF OUR SERVICES AND OUR CONTENT IS AT YOUR OWN RISK.

    You agree to assume all responsibility and risk for your use of our website, our services, and our content. To the fullest extent permissible under applicable law, neither intelliVOL nor its related parties make any express or implied warranties or representations whatsoever with respect to our website, our services, or our content, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose, and all such warranties are expressly disclaimed.

    Neither intelliVOL nor any related parties endorse or make any representation or warranty with respect to the accuracy, quality, security, reliability, timeliness, or completeness of our website, our services, or our content or that our website, our services or our content is non-defamatory, non-infringing or otherwise lawful. Neither intelliVOL nor any related parties warrant that the functions performed by our website, our services, or our content will be uninterrupted, timely, secure or error-free, or that defects in our website, our services, or our content will be corrected. Neither intelliVOL nor any related parties guarantee or warrant that any files that may be available for downloading will be free from infection by software viruses or other harmful computer code, files, or programs. Our website, our services, and our content are provided on an “as is,” “where is,“ “where available” and “as available” basis. You acknowledge that any reliance on or use of our website, our services, and our content is at your sole risk.

    To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website, any downloads from our website or through our services, or any other of our services.

  19. OUR LIABILITY TO YOU IS LIMITED. THAT MEANS THAT IF YOU SUFFER LOSSES, WE DO NOT HAVE TO COMPENSATE YOU FOR THEM.

    To the fullest extent provided by law, in no event will intelliVOL or any related party be liable to any person or entity for any indirect, special, punitive, incidental or consequential damages or damages resulting from lost profits, lost data or business interruption, even if foreseeable, arising out of or in connection with intelliVOL’s services, including, for example:

    • the use, inability to use, or the results of use of our services, any website linked to our website, or our content;
    • failure or downtime of our website, apps, systems, or services in any way;
    • hacking, viruses, malware, or other physical or digital intrusions into our systems, including, for example, those that result in a data breach; and
    • our breach of the Terms of Service;

    in any case, whether based on warranty, contract, tort or any other legal theory and whether or not intelliVOL or a related party is aware of or of advised the possibility of such damages.

    You specifically agree that intelliVOL will not be liable for any users’ content or any defamatory, offensive or illegal conduct of a third party and that you assume the full risk of harm or damage from such content and conduct.

    In addition to the limitations above in this Section, the total aggregate dollar amount of intelliVOL’s liability to you shall not under any circumstances whatsoever exceed twelve U.S. dollars ($12.00). However, such limitations will not apply in the event an arbitrator or court of competent jurisdiction issues a final, binding order finding that your damages were caused by intelliVOL’s willful misconduct.

    This Section does not affect any liability that cannot be excluded or limited under applicable law.

  20. YOU AGREE TO RESOLVE ISSUES BETWEEN YOU AND INTELLIVOL IN MANDATORY ARBITRATION IN DALLAS,TEXAS, AND NOT IN A COURT.

    Any dispute or claim relating in any way to the Terms of Service, your relationship with intelliVOL, or your use of our services (collectively referred to as a “claim”) will be resolved exclusively by binding arbitration, rather than in court. The exclusive venue for the arbitration shall be Dallas County, Texas.

    There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Terms of Service as a court would.

    If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. You acknowledge that you make this jury waiver knowingly, voluntarily, and willingly.

    This arbitration provision is entered pursuant to the Federal Arbitration Act. The arbitration, and any appeal, shall be governed by the substantive law of the State of Texas and the applicable rules of the American Arbitration Association (“AAA”).

    If, for any reason, the arbitration and/or appeal cannot be conducted before AAA or pursuant to AAA rules, and the parties cannot agree to an alternative arbitration service and/or rules, any court of competent jurisdiction in Dallas County, Texas may appoint an arbitrator and/or select appropriate arbitration rules to govern the arbitration and/or appeal.

    Each party shall pay one-half of the arbitrator(s)’ fees and costs relating to the arbitration, subject to the arbitrator(s)’ authority to reallocate such fees and costs in his or her discretion. In any event, each party shall be responsible for payment of their own attorney’s fees and legal costs.

    Either party may seek temporary injunctive relief in federal or state court in Dallas County, Texas, exclusively, at any time until the selection of the arbitrator(s) is completed. Once the selection of the arbitrator(s) is completed, the arbitrator(s) shall assume responsibility for any further action or rulings with respect to any such temporary injunction action. The parties consent to personal jurisdiction and venue in the federal and state courts of Dallas County, Texas, solely for the purpose of any such temporary injunction action.

    We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Without limiting the generality of the preceding sentence, each party agrees to pursue its claims on an individual basis and not to (1) join its claims with any other person or entity’s claims, (2) pursue any claim as a representative of a class, as a private attorney general or in any representative capacity, or (3) participate in a class or collective action or mass action with respect to any claim. It is the express intent of the parties that the arbitrator shall not have the power to award class or collective relief or to determine or order that the dispute should proceed as a class or collective action, whether in arbitration or in any other forum or venue. The parties understand and acknowledge that by entering this arbitration provision, we each are waiving our respective rights to have a court or jury adjudicate our claims.

    The parties adopt and agree to implement the AAA Optional Appellate Arbitration Rules with respect to any award subject to this arbitration provision. Written notice of appeal shall be provided to the opposing party and the arbitration service and shall comply with the requirements of the AAA Optional Appellate Arbitration Rules or such other arbitration appellate rules to which the parties may agree or which a court may designate pursuant to the process described earlier in this arbitration provision.

  21. The Terms of Service are governed by Texas law.

    The Terms of Service, the Privacy Policy, and the relationship between you and intelliVOL shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

  22. If a court finds part of the Terms of Service invalid, it won’t invalidate the whole of the Terms of Service.

    If any provision of the Terms of Service is found by an arbitrator or a court of competent jurisdiction to be invalid, the parties nevertheless agree that such tribunal should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

  23. Everything that you and intelliVOL have agreed on is contained in our Terms of Service and Privacy Policy.

    The Terms of Service together with our Privacy Policy constitutes the entire agreement between intelliVOL and you with respect to our services and our content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and intelliVOL with respect to our services and our content, unless an agreement specifically provides that it is not superseded by the Terms of Service.

  24. In emergencies, intelliVOL is excused from performance of these Terms of Service for a period of time.

    intelliVOL is not liable for any failure to perform, or delay in performing, our obligations if such performance has been delayed, interfered with or prevented by an emergency. As used in this Section, "emergency" means any circumstances whatsoever which are not within our reasonable control, including without limitation an act of nature, war, insurrection, riot, strike or labor dispute, shortage of materials, fire, explosion, flood, government action, embargo, boycott, or inability to obtain or maintain any governmental permit or approval.

  25. You can’t substitute anyone else in your place as a party to the Terms of Service without permission, but we can substitute in a new owner if needed.

    You may not assign the Terms of Service or delegate your obligations under the Terms of Service, or any part of the Terms of Service, without the express written consent of intelliVOL. You agree that intelliVOL may, without prior notice or your consent, assign, transfer, or delegate any of its rights or obligations under the Terms of Service to a new owner of intelliVOL, in the event intelliVOL is sold to such new owner.

  26. If you suspect someone is infringing your copyright, please let us know.

    We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our website infringe your copyright, you may request our removal of those materials (or access to them) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice must include substantially the following:

    • Your physical or electronic signature.
    • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our website, a representative list of such works.
    • Sufficient identification of the material you believe to be infringing.
    • Your name, postal address, telephone number, and, if available, email address.
    • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information in the written notice is accurate.
    • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    Our designated copyright agent to receive these notices is:

    Copyright Agent
    Five For A Dollar, LLC d/b/a intelliVOL
    215 S. Denton Tap Road
    Suite 230
    Coppell, Texas 75019
    214-669-2083
    support@intellivol.com

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective.

    Please be aware that if you knowingly materially misrepresent that material or activity on our website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.