By using Kicking Bear One-On-One’s ("KICKING BEAR") Web site, you signify that you have read, understand and agree to be bound by these Terms of Use. Kicking Bear.org is an informational Web site operated by KICKING BEAR that, among other services, allows independent Organizations ("Kicking Bear Organizations") to list their information online in order to create a resource for those seeking Kicking Bear opportunities. Kicking Bear.org and information available through Kicking Bear.org may contain features and functionalities that may link or provide access to independent third parties, such as various Partner Organizations. These links do not imply KICKING BEAR’s endorsement or sponsorship of such third parties.

Independence of Kicking Bear Partners

Kicking Bear Partners are independent of KICKING BEAR. Each Kicking Bear Partner is responsible for selecting and screening its members and volunteers (collectively "Volunteers") and establishing interactions between Volunteers and mentees.

Parents, guardians, caregivers, and Volunteer applicants are responsible for evaluating and investigating whether any Kicking Bear Event, Partner organization or other third party listed on the KICKING BEAR Web site is safe and appropriate for them or any minor under their care before proceeding with any interaction or participation with Kicking Bear.

Kicking Bear Partners and Volunteer applicants are responsible for the truth and accuracy of any information they submit to KICKING BEAR and for timely updating of any changes to their information.

Registration for Listing in the KICKING BEAR Directory By registering an Organization to be included in the KICKING BEAR directory, you certify that:

(a) you represent a legitimate Kicking Bear Organization that provides guidance, support, and encouragement aimed at developing the competence and character of children;

(b) you have not committed any crime against a minor, including child abuse, sexual acts, and pornography;

(c) you will not use KICKING BEAR’s name or Web site, or your program, to harm a minor in any way;

(d) you understand that KICKING BEAR strongly encourages screening of Volunteers, and you and the Kicking Bear Organization you represent are solely liable to screen Volunteers, inquire into their backgrounds, and to take reasonable precautions in all interactions with Volunteers to ensure the safety and well-being of children and other Volunteers associated with the Kicking Bear Organization;

(e) you and the Kicking Bear Organization you represent are responsible for determining whether an applicant is fit to serve as a Kicking Bear and are in no way guaranteed to be listed in the KICKING BEAR directory; and

(f) you understand that KICKING BEAR makes no representations or warranties as to the conduct of Volunteers or their compatibility with any current or future programs.

Seeking Kicking Bear Opportunities

By using the KICKING BEAR directory to locate a Kicking Bear Organization to contact to become and serve as a Volunteer and/or a Kicking Bear Mentor, you certify that:

(a) you have a legitimate interest in providing guidance, support, and encouragement aimed at developing the competence and character of children;

(b) you have not committed any crime against a minor, including child abuse, sexual acts, and pornography;

(c) you will not use KICKING BEAR’s events or Web site, or any program to harm a minor in any way;

(d) you understand that you will be subject to whatever screening is required by the Kicking Bear Organization Events you express an interest in, which may include inquiries into your background;

(e) KICKING BEAR does not guarantee your acceptance to be a part of any Kicking Bear Event, such decisions are made by the individual Kicking Bear Organizations;

(f) you understand that KICKING BEAR makes no representations or warranties as to the conduct of other Volunteers or Kicking Bear Organizations;

(g) it is your sole responsibility to inquire into the nature of any Kicking Bear Organization and to take reasonable precautions in all interactions with members of the Kicking Bear Organization and others, including children, you meet through the Kicking Bear Organization;

(h) you will act in the furtherance of the objectives of the Kicking Bear Organization to which you are applying, and you will not partake in any activities that are of detriment to the organization, the children it serves, or to its objectives; and

(i) you will represent your identity, skills and background accurately in your application.

Disclaimer of Liability

You agree that there is no confidential or any other special relationship that is or should be formed by use of the KICKING BEAR Web site or information contained on the Web site.

KICKING BEAR expressly denies liability and undertakes no responsibility for the conduct of Kicking Bear Organizations or individuals working with Kicking Bear Organizations that are listed on the KICKING BEAR Web site. While KICKING BEAR is not obligated to do so, KICKING BEAR reserves the right to screen or conduct background checks on any individuals or Kicking Bear Organizations registered with the KICKING BEAR.

You agree that you bear all risks associated with the use of any information on the KICKING BEAR Web site and any interactions with Kicking Bear Organizations found through the KICKING BEAR Web site, including but not limited to, joining Kicking Bear Organizations, volunteering for Kicking Bear events, and meeting with individual Kicking Bear Organizations or mentees.

In the event anyone is harmed in any way by any Kicking Bear Organization or individual associated with any Kicking Bear Organization, you hereby release KICKING BEAR, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or KICKING BEAR’s service.

Member Content

KICKING BEAR reserves the right, at its sole discretion, to reject or approve any application of any Volunteer or Kicking Bear Organization for inclusion in its directory, for any or no reason. KICKING BEAR does not discriminate based on race, religion, color, sexual orientation, sex, or national origin.

KICKING BEAR reserves the right to remove any information posted in its directory and Web site at any time, at its sole discretion. KICKING BEAR is not liable for any damage or losses, financial or otherwise, that result from removal of information from the KICKING BEAR Web site, or from information posted on the KICKING BEAR Web site by third parties.

A Kicking Bear Organization may remove its information from the KICKING BEAR directory at any time by sending written notice (electronic or regular mail) of such request to KICKING BEAR.

Anyone who registers to use the KICKING BEAR Web site and services is solely liable for the use of their password and account. Use of the KICKING BEAR Web site to advertise commercial products or services, or to gather contact information for commercial purposes is prohibited. KICKING BEAR reserves the right to suspend or terminate any user’s account or to refuse any current or future use of the KICKING BEAR Web site or services.

Interactive Features The KICKING BEAR Web site may provide interactive features that permit users to provide feedback to KICKING BEAR and interact with other users. Each user is responsible for the content of their posts on community/organization areas of the KICKING BEAR Web site such as bulletin boards, galleries, forums, and event pages. KICKING BEAR is not responsible for the accuracy or integrity of third party content and is not liable for any damages of any kind caused by any message in the organization sections. KICKING BEAR has no obligation to monitor any Organization areas of the Web site, but reserves the right to remove any posts at its sole discretion. KICKING BEAR reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.

It is a condition of using the KICKING BEAR Web site and services that you do not:

(a) restrict or inhibit any other user from using or enjoying KICKING BEAR’s Web site or services;

(b) use KICKING BEAR’s Web site or services to post or transmit any unlawful, defamatory, obscene, vulgar, pornographic, profane or indecent content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

(c) use KICKING BEAR’s Web site or services to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

(d) use KICKING BEAR’s Web site or services to post or transmit any information, software or other material that contains a virus or other harmful component;

(e) use KICKING BEAR’s Web site or services to post, transmit or in any way exploit any information, software or other material for commercial or advertising purposes;

(f) use KICKING BEAR’s Web site or services to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without KICKING BEAR’s express written approval; or

(g) gather for marketing purposes any email addresses or other personal information that has been posted by other users on the KICKING BEAR Web site.

(h) users are prohibited from disregarding directions from administrators or moderators. Refusal to comply with requests from administrators or moderators may result in user accounts being removed from the site.

KICKING BEAR Staff

KICKING BEAR staff is encouraged to participate in the Organization sections. However, KICKING BEAR staff is bound by the KICKING BEAR Handbook and KICKING BEAR Code of Conduct, as well as KICKING BEAR’s Privacy and Security policies. KICKING BEAR staff may not ask organization members for any personal information other than business contact information via the web site or via Private Message (PM). A KICKING BEAR staff's failure to comply with these Terms of Use and the KICKING BEAR Community Standard Guidelines will result in corrective action up to and including termination.

Linking to the KICKING BEAR Web site

Hyperlinks to the KICKING BEAR Web site may not state or imply any KICKING BEAR sponsorship or endorsement of another Web site, publication, or service. KICKING BEAR’s content may not be incorporated into another Web site, publication, or service without KICKING BEAR’s prior written approval.

Privacy Policy

 KICKING BEAR’s Privacy Policy regarding KICKING BEAR’s treatment of personally identifiable information is located at http://www.kickingbear.org/privacy.php. 

Modification of Terms

KICKING BEAR reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Changes to these Terms of Use will be posted on this page and will indicate at the top of this page the date these terms were last revised.

Continued use of the KICKING BEAR Web site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the KICKING BEAR Web site. It is your responsibility to regularly check the Web site to determine if there have been changes to these Terms of Use and to review such changes.

General Information These Terms of Use constitute the entire agreement between you and KICKING BEAR regarding the use of Kicking Bear.org, superseding any prior agreements between you and KICKING BEAR regarding use of the Web site. The failure of KICKING BEAR to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

Use of the KICKING BEAR Web site and registration to be an organization listed in the KICKING BEAR directory is void where prohibited. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.