VOLUNTEER SCHEDULER PRO LICENSE AGREEMENT, WARRANTY DISCLAIMER AND PRIVACY POLICY

License for Volunteer Scheduler Pro software and all associated files, including installer archives and all related documentation ("Volunteer Scheduler Pro Software").

IMPORTANT -- READ CAREFULLY:

By using the Volunteer Scheduler Pro Software you expressly agree to be and are hereby bound by the terms of this License Agreement ("Agreement"). If you do not accept the terms of this Agreement you must not use the Volunteer Scheduler Pro Software; and you must immediately destroy all copies of the Volunteer Scheduler Pro Software.

1. GRANT OF LICENSE:

Rotunda Software ("Rotunda") hereby grants you ("you" refers to a single individual or organization) a limited non-exclusive non-transferable license to use the Volunteer Scheduler Pro Software subject to the terms and conditions set forth in this Agreement:

2. FREE TRIAL

a) You may request a trial of the Volunteer Scheduler Pro Software ("Trial Subscription") for free from our web site. The Trial Subscription will allow you a limited time period for use of the Trial Subscription and a limited number of volunteers as specified on our web site. You may not attempt to circumvent these limits of the Trial Subscription.

b) You may use the Trial Subscription strictly for evaluation purposes only. Unlike the Full Subscription described below, you may NOT distribute schedules or rosters or any other output created with the Trial Subscription to any parties whatsoever for non-evaluation purposes (including to your volunteers).

c) You may not distribute, modify or deploy any portion of the Volunteer Scheduler Pro Software without the express, written permission of Rotunda Software.

d) BY YOUR USE OF THE TRIAL SUBSCRIPTION, YOU UNDERSTAND AND AGREE THAT AFTER THE LIMITED TIME PERIOD SPECIFIED ON OUR WEBSITE, YOU WILL NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE TRIAL SUBSCRIPTION OR ANY DATA YOU HAVE ENTERED INTO THE VOLUNTEER SCHEDULER PRO SOFTWARE UNLESS YOU PURCHASE A FULL SUBSCRIPTION FOR THE VOLUNTEER SCHEDULER PRO SOFTWARE AS SPECIFIED BELOW.

3. FULL SUBSCRIPTION

a) You may upgrade from the Trial Subscription to a full subscription to Volunteer Scheduler Pro ("Full Subscription") by purchasing a subscription for Volunteer Scheduler Pro ("Subscription Purchase").

b) Upon payment of the fee for your Subscription Purchase, your Trial Subscription will automatically be upgraded to a Full Subscription, or you will be given a new Full Subscription.

c) Full Subscriptions may be purchased for six (6), nine (9), or twelve (12) months. When your Full Subscription expires, Volunteer Scheduler Pro will cease to function unless and until you purchase a renewal for your Full Subscription ("Subscription Renewal").

d) When making your initial Subscription Purchase, you may choose from several differently priced subscription configurations. These configurations have associated limits ("Limits") that restrict the available features, the number of volunteers the program may be used to schedule, and the number of computers on which it may be installed.

e) You may raise the Limits of your license at any time by purchasing a subscription expansion ("Subscription Expansion") or upgrading your subscription to a different version (“Subscription Upgrade”).

f) You may not attempt to circumvent the Limits of your license at any time or to circumvent the expiration date of your Full Subscription in order to continue using the Volunteer Scheduler Pro Software after your Full Subscription has expired.

g) Rotunda Software may change the price or conditions of Subscription Purchases, Subscription Renewals, Subscription Expansions, or Subscription Upgrades in its absolute discretion for any reason without notice.

h) Rotunda Software may suspend or terminate, without notice, sale of Subscription Purchases, Subscription Renewals, Subscription Expansions, or Subscription Upgrades at any time for any reason. Rotunda Software assumes no obligation to continue to provide for sale Subscription Purchases, Subscription Renewals, Subscription Expansions, or Subscription Upgrades even if the act of terminating sale or availability of these items renders previously licensed copies of Volunteer Scheduler Pro software ineffective or unusable. Rotunda Software expressly disclaims all liability for lost time or investment or any other damages whatsoever that may occur as a result of the suspension or termination of sale of Subscription Purchases, Subscription Renewals, Subscription Expansions, or Subscription Upgrades.

i) You may not resell, rent, lease or otherwise transfer rights to the Volunteer Scheduler Pro Software for any financial gain or any other reason, or remove any proprietary notices or labels on the Volunteer Scheduler Pro Software.

4. RESTRICTIONS

You agree not to: (1) make additional copies of the Volunteer Scheduler Pro Software except as specifically permitted under your particular license agreement; (2) enable others to use your Full Subscription; (3) give copies to another person; (4) install the Volunteer Scheduler Pro Software on computers used by individuals who have not purchased the appropriate Full Subscription for the Volunteer Scheduler Pro Software from Rotunda Software; (5) duplicate the Volunteer Scheduler Pro Software by any other means including electronic transmission; or (6) copy the printed materials or user documentation accompanying the Volunteer Scheduler Pro Software. Volunteer Scheduler Pro Software in its entirety is protected by copyright laws. The Volunteer Scheduler Pro Software also contains the trade secrets of Rotunda Software, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Volunteer Scheduler Pro Software to human-perceivable form or disclose such trade secrets, or disable any functionality which limits the use of Volunteer Scheduler Pro Software. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network Volunteer Scheduler Pro Software or related materials, or create derivative works based upon the Volunteer Scheduler Pro Software or any part thereof.

5. VOLUNTEER SCHEDULER PRO NETSERVICES (and its successor or replacement services)

a) Certain features in the Volunteer Scheduler Pro software rely on our internet servers in order to function (e.g. the Web Terminal, Emailer, and Data Sharing features). "Volunteer Scheduler Pro NetServices" is defined as any such features in the Volunteer Scheduler Pro software that rely on our internet servers in order to function, the methods they use to communicate with our internet servers, the associated software on our internet servers, and those servers themselves.

b) Rotunda Software expressly disclaims all warranties with respect to use of Volunteer Scheduler Pro NetServices for any damage caused irrespective of the nature of such damage.

c) Any content uploaded using Volunteer Scheduler Pro NetServices may be deleted by Rotunda Software in any of the following circumstances: (1) in the reasonable opinion of Rotunda the uploaded content is potentially damaging; (2) the uploaded content creates an unreasonable burden on our web server; (3) if you have not had an active Full Subscription for a period of one year or more; (4) if you breach any terms in this Agreement; or (5) the uploaded content is offensive, harassing, pornographic, or damaging.

d) Rotunda Software expressly disclaims all warranties with respect to Volunteer Scheduler Pro NetServices. This disclaimer includes but is not limited to personal or other data being deleted, stolen, or lost for any reason, or technical failure. Access to Volunteer Scheduler Pro NetServices may be suspended or terminated at any time for any reason.

7. THIRD PARTY SITES

Third-party providers may act as data processors for the Volunteer Scheduler Pro software and Rotunda Software, and your use of the Volunteer Scheduler Pro software is bound by the Terms set forth on these third-party providers’ own sites. The third-party sites that the Volunteer Scheduler Pro software and Rotunda Software currently engage with are Amazon Web Services (AWS), Salesforce, Twilio, Campaign Monitor, Authorize.net, Loggly, Zendesk, and Google Analytics. By accepting this License Agreement, you acknowledge and agree to the terms and policies set out by the third-party sites listed above.

You further acknowledge and agree that the Volunteer Scheduler Pro Software and Rotunda Software shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

6. TITLE

Title, ownership, rights, and intellectual property rights in and to the Volunteer Scheduler Pro Software and all related documentation shall remain with Rotunda Software. The Volunteer Scheduler Pro Software is protected by the copyright laws of the United States and international copyright treaties. For the purposes of this license "intellectual property rights" means any and all patents, copyright, registered or unregistered design rights, trademarks, trade names, know-how, database rights or other intellectual property rights.

7. DISCLAIMER OF WARRANTIES

THE VOLUNTEER SCHEDULER PRO SOFTWARE, RELATED MATERIALS, CONTENT AND/OR RELATED SERVICES ACCESSIBLE THROUGH THE VOLUNTEER SCHEDULER PRO SOFTWARE AND VOLUNTEER SCHEDULER PRO NETSERVICES, ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROTUNDA SOFTWARE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE VOLUNTEER SCHEDULER PRO SOFTWARE, RELATED MATERIALS, CONTENT AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, QUALITY, MERCHANTABILITY, OR THEIR NONINFRINGEMENT. ROTUNDA SOFTWARE DOES NOT WARRANT THAT THE VOLUNTEER SCHEDULER PRO SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, NOR DOES ROTUNDA SOFTWARE WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE VOLUNTEER SCHEDULER PRO SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST: (A) PROVIDE YOUR OWN ACCESS TO THE WORLD WIDE WEB AND PAY ANY SERVICE FEES ASSOCIATED WITH SUCH ACCESS, AND (B) PROVIDE ALL EQUIPMENT NECESSARY FOR YOU TO MAKE SUCH CONNECTION TO THE WORLD WIDE WEB, INCLUDING A COMPUTER AND A MODEM. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE FULL SUBSCRIPTION FOR THE VOLUNTEER SCHEDULER PRO SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.

8. LIMITATION OF LIABILITY AND DAMAGES

THE ENTIRE LIABILITY OF ROTUNDA SOFTWARE FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO ROTUNDA SOFTWARE FOR THE SUBSCRIPTION FEE FOR THE CURRENT YEAR'S USAGE OF THE VOLUNTEER SCHEDULER PRO SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROTUNDA SOFTWARE AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ROTUNDA SOFTWARE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF THE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROTUNDA SOFTWARE AND YOU. ROTUNDA SOFTWARE WOULD NOT HAVE BEEN ABLE TO PROVIDE THE VOLUNTEER SCHEDULER PRO SOFTWARE TO YOU WITHOUT SUCH LIMITATIONS.

9. TERMINATION

This license shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from Rotunda Software to effectuate such termination. On termination you must destroy all copies of the Volunteer Scheduler Pro Software including the installer archive and any copies of it therewith. However, such termination does not prejudice the right of Rotunda Software to obtain injunctive, equitable or any other relief, at law or in equity, in the event of such a breach.

10. GOVERNING LAW

This License shall be governed by California law (without reference to choice of law principles), except as to copyright, patent and trademark matters, which are covered by the laws of the United States of America. You agree to submit to the jurisdiction of the federal and state courts of San Francisco County, California and waive any objection to venue in such courts. This Agreement is deemed entered into in San Francisco, California, and shall be construed as to its fair meaning and not strictly for or against either party.

11. GENERAL PROVISIONS

This Agreement does not limit any rights that Rotunda Software may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Rotunda Software are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Rotunda Software, other than in writing signed by an officer of Rotunda Software. Accordingly, such additional statements are not binding on Rotunda Software and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No delay or failure on the part of Rotunda Software in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right.

12. ENTIRE AGREEMENT

This Agreement sets forth Rotunda Software's and its Representatives' entire liability and your exclusive remedy with respect to the Volunteer Scheduler Pro Software. This License constitutes the entire agreement between Rotunda Software and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein, other than any specific terms and conditions you may have agreed to in connection with downloading the Volunteer Scheduler Pro Software from our website. Rotunda Software shall have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue or impose conditions on any feature or aspect of the Volunteer Scheduler Pro Software (including but not limited to internet-based services, pricing, technical support options, and other product-related policies) without notice. Online services may expire in accordance with Rotunda Software's product retirement/sunset policy as it may be in effect from time to time.

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PRIVACY POLICY

Updated August 8, 2018

OVERVIEW

Rotunda Software (referred to herein as "us", "we", or "our"), creators and maintainers of Ministry Scheduler Pro and Volunteer Scheduler Pro, (referred to herein as “MSP / VSP”) value your privacy and are committed to protecting your personal information.

In this Privacy Policy (“Policy”), we describe the information that we collect from visitors to and users of our websites ("Sites"), our blogs, and services (collectively, “Services”). By visiting our Sites or using any of our Services, you agree that your personal information will be handled as described in this Policy.

INFORMATION WE COLLECT

When you interact with us through the Site or the Services, we may collect Personal Data and other information from you, as further described below:
We collect information including, but not limited to, your name and email address (referred to herein as "Personal Data") when you register for access to our Services, place an order, or fill out a form. An admin (“Admin”) is defined as anyone with administrative privileges. A volunteer ("Volunteer") is defined as those persons who are listed as a volunteer within the MSP / VSP database. We store Admin and Volunteer information on our secure servers.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Rotunda and any authorized third parties referred to herein located in the United States and abroad.
Transfer of Data

Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Rotunda transfers personal information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

ADDITIONAL NON-IDENTIFIABLE DATA

When using the Site or Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively, cannot presently be used to specifically identify you. Rotunda may store such information itself or such information may be included in databases owned and maintained by Rotunda affiliates or service providers. This Site may use such information, for example, to track the total number of visitors to our Site and how our users use and interact with MSP / VSP.

In an ongoing effort to better understand and serve the users of the Services, Rotunda conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. Rotunda may share this non-identifiable and aggregate data with its affiliates, but this type of non-identifiable and aggregate information does not identify you personally. Rotunda may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

We may also use a technology called "cookies." Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. We use cookies to compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to be notified when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.

HOW WE USE YOUR INFORMATION

We may use the information that we gather from Admins and Volunteers for the following purposes:

• To provide our Services to you, to communicate with you about your use of our Services, and for other customer service purposes;
• To provide information that you have requested to receive from us in response to your opt-in requests;
• To provide our Services at the request of users;
• To improve our Sites and Services by providing personalized experiences, location customization, personalized help, and instructions;
• For marketing and advertising purposes; for example, we may use your information to assist us in advertising our Services on third party websites;
• To send you email, follow-up questions about MSP / VSP, news and newsletters, promotions, and/or invitations to visit the Site;
• To better understand how users access and use our Sites and Services, both on an aggregated and individualized basis, and for other research purposes.

Users of our Services should note that we use information we receive or collect in accordance with the terms of this Privacy Policy, including in the manner set forth above.

By agreeing to this Privacy Policy, you grant us permission to occasionally send promotional emails to Admins. These emails may be opted out of at any time by you and / or each of your Members through the Site.

LOG DATA

When you use our Services, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, or use your account to authenticate to a third-party website or application. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications, such as when you choose to visit a website outside of the Site domain. Rotunda uses Log Data to provide, understand, and improve our Services, and to customize the content we show you.

WHEN WE SHARE YOUR DATA

Rotunda is not in the business of selling your information. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, nor any personally identifiable information about your Volunteers. There are, however, certain circumstances in which we may be required to share your Personal Data and that of your Members with certain third parties without further notice to you, as set forth below:

Partners, Agents and Related Third Parties: Rotunda, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, providing tech support, and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Third-party providers may act as data processors for Rotunda, and are bound by the terms set forth on their own sites. The third-party sites that Rotunda currently engages with are Amazon Web Services (AWS), Salesforce, Campaign Monitor, Authorize.net, Twilio, Loggly, ZenDesk, and Google Analytics. By agreeing to this Privacy Policy, you acknowledge and agree to the terms and privacy policies set out by the third-party sites listed above.

Third Party Services: Some portions of the MSP / VSP Service might implement solutions from Third Parties (e.g., United States Conference of Catholic Bishops). Your use of these Third Party Services is subject to the respective service’s terms of use and privacy policies.

Legal Requirements: Rotunda may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of MSP / VSP, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

FEEDBACK

With your consent we may post your testimonial on the Service along with your name. If you want your testimonial removed please contact us.

EXCLUSIONS

This Privacy Policy does not apply to any Personal Data collected by Rotunda other than Personal Data collected through the Site or Services. This Privacy Policy shall not apply to any unsolicited information you provide to MSP / VSP through the Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as our blog or the Web Terminal, and any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential.

CHILDREN UNDER 13

Rotunda does not knowingly collect Personal Data directly from persons under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to open an account on behalf of children and assume responsibility for submitting and managing their personal information. If you have reason to believe that a child under the age of 13 has directly provided Personal Data to Rotunda through this Site, please contact us, and we will endeavor to disable that account and delete that information from our databases.

LINKS TO OTHER WEBSITES

This Privacy Policy applies only to the Site. This Site may contain links to other web sites not operated or controlled by Rotunda (“Third Party Sites”). The policies and procedures we described here do not apply to Third Party Sites. The links from this Site do not imply that Rotunda endorses or has reviewed Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

SECURITY

Rotunda goes to great lengths to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free. Rotunda occasionally performs security audits to ensure security measures are up to or above industry standards.

OTHER TERMS AND CONDITIONS

Your access to and use of this Site is subject to MSP / VSP Terms of Service, which can be found on the License Agreement within the downloaded application of MSP / VSP.

CHANGES TO MSP / VSP PRIVACY POLICY

It may be necessary for Rotunda to make changes to this Privacy Policy. Rotunda reserves the right to update or modify this Privacy Policy at any time, and from time to time, without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

If you have any questions about this Privacy Policy, please contact us.