PRIVACY
TERMS OF USE
This Terms of Use Agreement (“Terms of Use“) applies to use of the website located at http://neighborbrigade.org (the “Site”) and donations to Neighbor Brigade, Inc. (“Neighbor Brigade”) through the Site. The Site is owned and operated by Neighbor Brigade. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE. Please read these Terms of Use carefully and keep a copy of them for your records.
Neighbor Brigade reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes manifests your agreement to the changes. You agree that all subsequent use of the Site and any subsequent donations by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with these Terms of Use and any such modifications, Neighbor Brigade grants you (“End User”) a personal, non-exclusive, non-transferable, non-sublicensable, revocable and limited privilege to access and use the Site.
1. About Neighbor Brigade.
Neighbor Brigade is a public charity and is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. The Internal Revenue Service also has determined that contributions to Neighbor Brigade are tax deductible to donors under Section 170 of the Internal Revenue Code. More information about Neighbor Brigade can be found at https://neighborbrigade.org/about/ .
2. Making Your Donation.
Once you confirm through the Site that you wish to donate, your transaction will be processed by a payment services provider. You must provide the payment services provider with your name and address and details of the credit card or debit card that you wish to use to fund the donation. It is your responsibility to ensure that you provide the payment services provider with the correct information. After you submit this information, your payment data will be processed by them. By confirming that you wish to proceed with your donation, you authorize the payment services provider to request funds from your debit or credit card provider. The donation information details will also be supplied by the payment services provider to Neighbor Brigade. You should make sure that you are aware of the terms and conditions of use of the payment services provider, which may be different from ours, to ensure that you are comfortable with how they will process and use your personal information before making a donation.
Please note that Neighbor Brigade will use your donation or payment at its discretion, but within its stated objectives. It is your responsibility to contact Neighbor Brigade directly if you desire that the money donated will be applied to a specific purpose.
3. Links to Third Party Websites.
This Site contains links to websites maintained by third parties. All links are provided only as a convenience to you, and the inclusion of any link does not imply endorsement or sponsorship by Neighbor Brigade of such website or any association with its operators. Neighbor Brigade does not control or operate in any respect information, products or services on such third-party sites and is not responsible for their content. These sites may be governed by different terms of use and privacy policies. Please check these policies before using these sites. You assume sole responsibility for use of third-party links.
4. Third Party Services and Functionality.
Once you confirm through the Site that you wish to donate, your transaction will be processed through the payment services provider. By confirming that you wish to proceed with your donation, you authorize the payment services provider to request funds from your credit or debit card provider. As Neighbor Brigade does not monitor or control activities of any payment services processor, we shall not be responsible for any charges made or not made to your card.
Certain other services made available by the Site, also may be delivered by third party websites and organizations. By using the Site or any functionality originating from the Site, you hereby acknowledge and agree that Neighbor Brigade may share information and data with any third party with which Neighbor Brigade has a contractual relationship to provide the requested service or functionality on behalf of users and customers of the Site.
5. Content and Intellectual Property.
A. Neighbor Brigade Content, Copyright and Trademark Notice.
All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content“), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site, is owned or licensed by or to Neighbor Brigade, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Neighbor Brigade’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Neighbor Brigade reserves all rights not expressly granted hereunder. Neighbor Brigade expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
B. User – Contributed Content.
Neighbor Brigade has no duty to pre-screen content posted on the Site or submitted to us through the site or by email by users or other third parties, whether directly contributed by the user or contributed by Neighbor Brigade or a third party on behalf of the user (collectively, “User-Contributed Content”). NEIGHBOR BRIGADE IS NOT RESPONSIBLE FOR USER-CONTRIBUTED CONTENT.
Neighbor Brigade reserves the right to decline to permit the postings on the Site or to remove from the Site any User-Contributed Content that fails to meet our content guidelines in effect from time to time or if such User-Contributed Content otherwise violates these Terms, as determined in our discretion. Neighbor Brigade also reserves the right to edit User-Contributed Content.
All other User-Contributed Content is the sole responsibility of the User who contributed such Content, and we specifically disclaim all liability for such User-Contributed Content.
By submitting or authorizing User-Contributed Content, you grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense, adopt, distribute, display, publicly perform, reproduce, transmit, modify, edit and other exploit the User-Contributed Content and the likenesses (if any) and ideas contained therein, in connection with our business.
C. Restrictions.
You agree that you will not use the Site in a manner that: (i) violates any federal, state, local, or international law or regulation; (ii) may, in our sole discretion, contribute to the harassment, exploitation, or harm of any person, including activities that may be defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable; (iii) may expose Neighbor Brigade to any liability, including by posting any material that infringes on or misappropriates the intellectual property rights of third parties; (iv) may be harmful to others, Neighbor Brigade’s operations, or Neighbor Brigade’s reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g. get-rich-quick schemes, Ponzi or pyramid schemes, phishing, or pharming) or engaging in other deceptive practices; or (v) uses content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, or other malware.
6. Use of Site.
You also agree that Neighbor Brigade may, in its sole discretion and without prior notice to you, terminate your access to the Site for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms of Use or any federal, state, local or international law or regulation, (5) suspected or actual infringement of any copyright, trademark or other intellectual property right, (6) unexpected operational difficulties, or (7) requests by law enforcement or other government agencies. You agree that Neighbor Brigade will not be liable to you or to any third party for termination of your access to the Site.
Neighbor Brigade reserves the right to investigate complaints or reported violations of these Terms of Use, applicable licenses and/or copyright or trademark information on the Site, and to take any action they deem appropriate, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
The Site is intended only for users who are above 18 years of age and reside in the United States. By using the Site, you represent and warrant that you are over the age of 18. If you do not meet these requirements, you must not access or use the Site in any way.
7. Collection, Use and Disclosure of Your Personal Information.
Your use of the Site is subject to Neighbor Brigade’s Privacy Policy (click here to view) https://neighborbrigade.org/privacy-policy/
As more fully described in our Privacy Policy, you must disclose certain personal information as a condition of making any donations.
All personal and financial information disclosed in connection with making donations are subject to the Neighbor Brigade Privacy Policy and the privacy policy of the payment services provider. Neighbor Brigade does not collect, store or maintain any information relating to donations.
Any information collected through our Site may be stored and processed in the United States or any other country in which Neighbor Brigade operates. By utilizing our Site, you consent to any such transfer of information outside of your country of residence.
While Neighbor Brigade takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL NEIGHBOR BRIGADE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER NEIGHBOR BRIGADE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
8. Indemnification.
By using the Site, you agree to defend, indemnify and hold harmless Neighbor Brigade, and its respective employees, directors, officers, agents, subsidiaries and affiliates from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to: (i) your use of or inability to use the Site or the Content; (ii) any breach or alleged breach by you of these Terms; (iii) a claim, which if true, would constitute a violation by you of your representations and warranties or of applicable federal, state, local or international laws or regulations; and (iv) a claim alleging your negligence or willful misconduct related to the Site or Content. You may not settle any claim without the prior written consent of Neighbor Brigade, as the case may be, which shall not be unreasonably withheld.
9. Disclaimer of Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW THE CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION INCLUDED IN OR MADE AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. NEIGHBOR BRIGADE, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.
10. Limitation of Damages and Liability
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE MAKING OF ANY DONATION OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU.
IN NO EVENT SHALL NEIGHBOR BRIGADE, ITS LICENSORS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE MAKING OF OR INABILITY TO MAKE ANY DONATIONS, OR THE USE OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF NEIGHBOR BRIGADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT NEIGHBOR BRIGADE SHALL HAVE IS LIMITED TO THE AMOUNT OF ANY DONATIONS ACTUALLY MADE TO NEIGHBOR BRIGADE BY YOU. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. Refund Policy.
If you made an error in your donation, please contact Neighbor Brigade either by email at info@neighborbrigade.org, by phone at 855-241-HELP (4357), or by mail to Neighbor Brigade, P.O. Box 735, Maynard, MA 01754 within 30 days.
12. General.
No delay or failure to take action under these Terms of Use shall constitute any waiver by Neighbor Brigade of any provision of these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms of Use will continue in full force and effect. These Terms of Use will bind and inure to the benefit of Neighbor Brigade’s permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Middlesex County, in the Commonwealth of Massachusetts. These Terms of Use are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of Use shall be null and void. Neighbor Brigade may freely assign these Terms of Use without consent or notice. These Terms of Use (including all documents expressly incorporated herein by reference, including but not limited to the Privacy) constitute the complete and exclusive agreement between Neighbor Brigade and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Last modified: January 25, 2021
ONLINE PRIVACY POLICY
This Privacy Policy applies to use of the website located at http://neighborbrigade.org (the “Site”) and donations made to Neighbor Brigade. (“Neighbor Brigade”) through the Site. The Site is owned and operated by Neighbor Brigade, Inc. (together with its affiliated organizations, “Neighbor Brigade”, “we”, or “us”).
Protecting your information online is of the utmost importance to Neighbor Brigade. This Privacy Policy explains what information we collect, and how we will and will not use the information you entrust to us, through the Site.
This policy applies to information we collect:
-
On the Site or through web forms on the Sites.
-
In e-mail, text, online chat and other electronic messages between you and the Site.
-
When you interact with third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected:
-
by us offline or through any other means, including on any other website operated by us or any third party;
-
by a payment services provider, when you make donations to Neighbor Brigade through the Site; or
-
by any other third party, including through any application or content (including advertising) that may link to or be accessible from the Site.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using the Site, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
UPDATES TO THE PRIVACY POLICY
The Terms of Use and Privacy Policy are subject to change at any time by us by posting them on the Site. It is your obligation to review the Privacy Policy from time to time. Each version of this Privacy Policy will be identified by its effective date. Any changes to the Privacy Policy will be effective immediately upon posting to the Site.
INFORMATION COLLECTED ON THE SITE
We may obtain information about you in a variety of ways:
Information You Give Us. We may collect personal information that you voluntarily provide to us when you register on the Site as a volunteer, make a donation through the Site, fill in forms on our Site, or contact us through the Site, including:
-
information by which you may be personally identified, such as name, billing address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
-
financial information, such as the full bank account numbers and/or credit card numbers that you link to your account or give us when you carry out transactions through our Site (“financial information”);
Information We Get from Others. We may get information about you from other sources. We may add this to information we get from this Site.
Information Automatically Collected. We may automatically log information about you and your computer when you visit, use or navigate the Site. For example, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site. We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us
Cookies. We may log information using “cookies.” Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
We do not respond to Do Not Track (DNT) signals.
External Considerations
Our Site may include links to other Internet sites as a convenience to Site visitors or as a means to fulfill your requests (for example, Better Impact or another third party site that processes credit card or information on behalf of Neighbor Brigade). Neighbor Brigade is not responsible for personal information that you voluntarily disclose to third parties that you reach through links or otherwise through our Site, and any such information disclosed will be governed by the privacy policies associated with those sites.
How Do We Use Your Information?
We use your personal information as follows:
-
We use your personal information to operate, maintain, manage and improve our volunteer network, our donors, and our Site.
-
We use your personal information to respond to comments and questions.
-
We use your personal information to send information including confirmations, updates, security alerts, and support and administrative messages.
-
We use your personal information to request donations.
-
We use your personal information to communicate about upcoming events, and other news about services offered by us and our selected partners.
We may also use your information to contact you about our own and third-parties’ products and services that may be of interest to you. If you do not want us to use your information in this way, please contact our Privacy Officer (see Contact Us below for details on how to contact our Privacy Officer). For more information, see Choices About How We Use and Disclose Your Information.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal and financial information that we collect or you provide as described in this privacy policy:
-
To our affiliates.
-
To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. For example, we use Better Impact as our volunteer management software.
-
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, in which personal information held by us about our Site users is among the assets transferred.
-
For any other purpose disclosed by us when you provide the information.
-
With your consent.
We may also disclose your personal and financial information:
-
To comply with any court order, law or legal process, including to respond to any government, court or regulatory request.
-
To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
-
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Neighbor Brigade, our customers or others.
-
To comply with contractual obligations and other requirements applying to companies that process, store, or transmit credit card information.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
-
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Site may then be inaccessible or not function properly.
-
Promotional Offers from Neighbor Brigade. If you do not wish to have your contact information used by Neighbor Brigade to promote our own or third parties’ products or services, you can opt-out by contacting our Privacy Officer (see Contact Us below for details on how to contact our Privacy Officer). If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to Neighbor Brigade as a result of a donation or other transactions.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.
Children Under the Age of 13
The content of our Site is not targeted to or intended for, children under 13 years of age. Neighbor Brigade does not market products or services to this age group, and does not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features or register on the Site, make any donations through the Site, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact our Privacy Officer (see Contact Us below for details on how to contact our Privacy Officer).
Accessing and Correcting Your Information
You may send us an e-mail at info@neighborbrigade.org to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you at any time would like to review or change the information in your account or terminate your account, you can request us to do so. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud , troubleshoot problems, assist with any investigation, enforce our Terms of Use, or comply with any applicable legal requirements.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact our Privacy Officer (see Contact Us below for details on contacting our Privacy Officer).
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Neighbor Brigade cannot ensure or warrant the security of any information transmitted to our Site over the Internet.
When you donate, your data does not pass through our server and we have no responsibility or liability with respect to the security of any information transmitted over the Internet in this regard. Any such information disclosed will be governed by the privacy policies associated with those sites.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. Do not share your password with anyone.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Site home page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the e-mail address specified in your account and/or through a notice on the Site home page. The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Site and this privacy policy to check for any changes.
Contact Us
To ask questions or comment about this privacy policy and our privacy practices, contact us at info@neighborbrigade.org, or by contacting our Privacy Officer at:
Attn: Privacy Officer
Neighbor Brigade
P.O. Box 735
Maynard, MA 01754
Last Modified: January 25, 2021