SALVO TERMS & CONDITIONS

Salvo.Today (“Salvo,” “we,” “us,” “our”) provides its Salvo System (described below) to you through its mobile app (the “App”) and related services (collectively, such services, including any new features and applications, the “Salvo System”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the end of the Terms of Service the date these terms were last revised. We will also notify you, either through the Salvo System user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except those changes addressing new functions of the Salvo System or changes made for legal reasons will be effective immediately. Your continued use of the Salvo System after the date any such changes.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Salvo System from time to time.  All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of The Salvo System

Salvo System Description: Salvo has designed and developed the Salvo System, which is a grassroots volunteer organization and mobilization tool, providing a productivity tool that maximizes volunteers’ time, and effort.

Your Registration Obligations:  You are required to register with Salvo using an email address, to access and use the features of the Salvo System. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Salvo System, with or without registering.

 

Member Account and Security: You are responsible for maintaining the confidentiality of your account, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify Salvo of any unauthorized use of your account or any other breach of security. Salvo will not be liable for any loss or damage arising from your failure to comply with this Section.

Location Based Services: The Salvo System features require the enabling of location-based services while using the App.  For features to work as intended, the Salvo System must be permitted to communicate with the phone/tablet and or computer (the “Device”) on which the App is used.  When enabling Location Based Services for the Salvo System, the App collects, uses and shares the real time geographic location of the device with the Salvo System. This information is retained for as long as your Salvo account is on the Salvo System, and for a limited period after termination of your account.

 

YOU ARE HEREBY AUTHORIZING THE SALVO SYSTEM, TO COLLECT AND USE YOUR LOCATION DATA IN ORDER TO PROVIDE SERVICES WITHIN THE APP.

 

Modifications to Salvo System: Salvo reserves the right to modify or discontinue, temporarily or permanently, the Salvo System (or any part thereof) with or without notice. You agree that Salvo will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Salvo System.

General Practices Regarding Use and Storage: You acknowledge that Salvo may establish general practices and limits concerning use of the Salvo System, including without limitation the maximum period that data or other content will be retained by the Salvo System and the maximum storage space that will be allotted on Salvo’s servers on your behalf. You agree that Salvo has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Salvo System. You acknowledge that Salvo reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Salvo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Salvo System includes services that are available via a mobile device, including (i) the ability to upload content to the Salvo System via a mobile device, (ii) the ability to browse the Salvo System from a mobile device and (iii) the ability to access certain features through the application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Salvo System, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Salvo and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Salvo account information to ensure that your messages are not sent to the person that acquires your old number.

Conditions of Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Salvo System. The following are examples of the kind of content and/or use that is illegal or prohibited by Salvo. Salvo reserves the right to investigate and take appropriate legal action against anyone who, in Salvo’s sole discretion, violates this provision, including without limitation, removing the offending content from the Salvo System, suspending, or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Salvo System to:

  • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Salvo , is objectionable or which restricts or inhibits any other person from using or enjoying the Salvo System, or which may expose Salvo or its users to any harm or liability of any type;

  • interfere with or disrupt the Salvo System or servers or networks connected to the Salvo System, or disobey any requirements, procedures, policies, or regulations of networks connected to the Salvo System.

  • violate any applicable local, state, national or international law, or any regulations having the force of law.

  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • solicit personal information from anyone under the age of 18.

  • harvest or collect email addresses or other contact information of other users from the Salvo System by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.

  • further or promote any criminal activity or enterprise; or

  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Salvo System and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Salvo System or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Salvo System, including as it concerns online conduct and acceptable content.
     

Commercial Use: Unless otherwise expressly authorized herein or in the Salvo System, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Salvo System, use of the Salvo System, or access to the Salvo System. The Salvo System is for your personal use.

 

Apple-Enabled Software Applications: Salvo offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
 

  • Salvo and you acknowledge that these Terms of Service are concluded between Salvo and you only, and not with Apple, and that as between Salvo and Apple, Salvo, not Apple, is solely responsible for the Apple- Enabled Software and the content

  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise conflict with, the App Store Terms of Service.

  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Salvo’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

  • Salvo and you acknowledge that Salvo, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  • In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Salvo and Apple, Salvo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
     

Salvo and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

Intellectual Property Rights

 

Salvo System Content, Software and Trademarks: You acknowledge and agree that the Salvo System may contain content or features (“System Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Salvo, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Salvo System or the System Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Salvo System. If you are blocked by Salvo from accessing the Salvo System (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Salvo System or the System Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Salvo System or distributed in connection therewith are the property of Salvo (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Salvo.

The Salvo name and logos are trademarks and service marks of Salvo (collectively the “Salvo Trademarks”). Other service names and logos used and displayed via the Salvo System may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Salvo. Nothing in this Terms of Service or the Salvo System should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Salvo Trademarks displayed on the Salvo System, without our prior written permission in each instance. All goodwill generated from the use of Salvo Trademarks will inure to our exclusive benefit.

 

Third Party Material: Under no circumstances will Salvo be liable in any way for any content, materials, or data, of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred because of the use of any such content. You acknowledge that Salvo does not pre-screen content, but that Salvo and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Salvo System. Without limiting the foregoing, Salvo and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Salvo, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content or data, including any reliance on the accuracy, completeness, or usefulness of such content or data.

User Content Transmitted Through the Salvo System: With respect to the content or other materials you upload through the Salvo System or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.

You acknowledge and agree that Salvo may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Salvo, its users and the public. You understand that the technical processing and transmission of the Salvo System, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third Party Websites

 

The Salvo System may provide, or third parties may provide, links or other access to other sites, resources, and data on the Internet. Salvo has no control over such sites and resources and Salvo is not responsible for and does not endorse such sites, resources, and data. You further acknowledge and agree that Salvo will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site, resource, or data. Any dealings you have with third parties found while using the Salvo System are between you and the third party, and you agree that Salvo is not liable for any loss or claim that you may have against any such third party.

 

Social Networking Services

You may enable or log in to the Salvo System via various online third-party services, such as social media and social networking services (“Social Networking Services”).  Salvo is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, Salvo is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Salvo enables these sharing features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

  

Indemnity and Release

 

You agree to release, indemnify and hold Salvo and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Salvo System, any User Content, your connection to the Salvo System, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

Disclaimer of Warranties

 

YOUR USE OF THE SALVO SYSTEM IS AT YOUR SOLE RISK. THE SALVO SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SALVO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

SALVO MAKES NO WARRANTY THAT (I) THE SALVO SYSTEM WILL MEET YOUR REQUIREMENTS, (II) THE SALVO SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SALVO SYSTEM WILL BE ACCURATE OR RELIABLE, OR

(IV) THE QUALITY OR QUANTITY OF ANY SERVICES, INFORMATION, DATA, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SALVO SYSTEM WILL BE WITHOUT ERROR OR MEET YOUR EXPECTATIONS.

AS A CONDITION TO RECEIVING SERVICES, YOU AGREE TO STRICTLY COMPLY WITH ALL INSTRUCTIONS AND ANY UPDATES THAT WE PROVIDE TO YOU VIA THE SALVO SYSTEM.  IN ADDITION, YOU AGREE TO ONLY USE SALVO IN A MANNER THAT COMPLIES WITH ALL APLICABLE LAWS AND REGULATIONS

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SALVO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SALVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SALVO SYSTEM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES  OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SALVO SYSTEM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SALVO SYSTEM; OR (V) ANY OTHER MATTER RELATING TO THE SALVO SYSTEM. IN NO EVENT WILL SALVO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SALVO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SALVO SYSTEM OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SALVO SYSTEM.

Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

 

A. Agreement to Arbitrate This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Salvo, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Salvo System, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering this Terms of Service, you and Salvo are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

 

B. Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND SALVO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SALVO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

C. Pre-Arbitration Dispute Resolution Salvo is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at act@salvo.today.

 

D. Confidentiality All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

H. Severability If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.

 

I. Future Changes to Arbitration Agreement Notwithstanding any provision in this Terms of Service to the contrary, Salvo agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Salvo System, you may reject any such change by sending Salvo written notice within thirty (30) calendar days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

 

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Salvo System and Salvo will have no liability or responsibility with respect thereto. Salvo reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Salvo System.

General

These Terms of Service constitute the entire agreement between you and Salvo and govern your use of the Salvo System, superseding any prior agreements between you and Salvo with respect to the Salvo System. These Terms of Service will be governed by the laws of the State of Florida without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Salvo agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Broward County, Florida. The failure of Salvo to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Salvo System or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Salvo, but Salvo may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Salvo System may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Salvo System.

 

Your Privacy

 

At Salvo, we respect the privacy of our users. By using the Salvo System, you consent to our collection and use of data as outlined therein.

 

Questions? Concerns? Suggestions?

 

Please contact us at act@salvo.today to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Salvo System.

 

Date of Last Revision: January 4, 2022