This Agreement is legally binding. Please read carefully before accepting by continuing use of the platform.
1. Independent Relationship
Any Participant utilizing 1+ offers services on a voluntary basis, without expectation of compensation, benefits, or supervision by 1UPSTAIRS LLC. Participant understands and agrees that they are acting solely as a volunteer and are not an employee, agent, independent contractor, legal representative, or partner of 1UPSTAIRS LLC. Nothing in this Agreement creates an employment, agency, contractor, or joint venture relationship between the parties.
1A. Platform Role Clarification
Participant acknowledges that 1UPSTAIRS LLC provides a digital platform (the 1+ Mobile App) solely for the purpose of facilitating connections between volunteers and organizations. 1UPSTAIRS LLC does not supervise, direct, or control any services provided, nor does it guarantee the conduct or outcome of any engagement. The 1+ Platform acts only as a connector, and all responsibility for services, conduct, safety, and supervision lies with the respective parties.
1B. Eligibility & Age Attestation
Any Participant utilizing 1+ confirms that they are at least eighteen (18) years of age at the time of registering for and using the 1+ Platform. The Platform is intended solely for adults who are legally permitted to volunteer, assume risk, and enter into legally binding agreements.
Participant acknowledges and agrees to the following:
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Self-Attestation: Age verification is conducted via self-attestation at the time of signup. By using the Platform, Participant represents that they meet the minimum age requirement.
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Misrepresentation: Any false statement or misrepresentation of age constitutes a material breach of this Agreement and may result in immediate termination of access to the Platform and services without refund.
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Good-Faith Reliance: 1UPSTAIRS LLC relies in good faith on the information provided by Participants. 1UPSTAIRS LLC is not responsible for verifying the age of users who falsely attest to eligibility.
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No Contractual Reliance on Minors: If a Participant is found to be under 18, they are deemed ineligible to accept the terms of this Agreement, and 1UPSTAIRS LLC shall not be held liable for any claims, damages, or obligations arising from such unauthorized participation.
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Platform Role Limitation: As clarified in Section 1A, 1UPSTAIRS LLC acts solely as a platform connector and does not supervise, employ, or directly engage volunteers. As such, the Platform has no legal duty or mechanism to verify age beyond reasonable self-certification.
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Right to Revoke Access: 1UPSTAIRS LLC reserves the right to suspend or remove any Participant account at any time if it has reason to believe the user is underage or in violation of the Platform’s eligibility requirements.
This provision is intended to ensure legal compliance, protect all users, and uphold the integrity of the Platform’s use.
2. Voluntary Participation & Assumption of Risk
Any Participant utilizing 1+ acknowledges that all volunteer services and activities facilitated through the Platform may involve inherent risks, including physical injury, illness, emotional distress, property damage, exposure to hazardous environments, or infectious disease. Participant voluntarily assumes all such risks and affirms that participation is entirely at their own risk.
3. General Release and Waiver of Liability
To the maximum extent permitted by law, Participant does hereby irrevocably release, waive, and discharge 1UPSTAIRS LLC, the 1+ Platform, and all of their respective officers, directors, members, employees, affiliates, agents, successors, and assigns from any and all claims, demands, causes of action, damages, liabilities, losses, and expenses, known or unknown, arising out of or in connection with:
- Participant’s engagement in any activity, program, or service organized or facilitated via the Platform;
- Any act, omission, or conduct of other volunteers, independent contractors, third-party organizations, or their representatives;
- Any negligent act or omission on the part of the Released Parties.
4. Liability Waiver for Participation with Third-Party Organizations
Any Participant utilizing 1+ expressly understands and agrees that 1UPSTAIRS LLC and/or the 1+ Platform may connect or refer volunteers and independent contractors to external organizations that are entirely independent third parties.
Participant agrees that:
- 1UPSTAIRS LLC and/or 1+ Platform shall not be held liable or responsible for any harm, injury, loss, damages, or disputes arising from Participant’s engagement with any organization that utilizes volunteers or independent contractors through the Platform;
- All liability for such engagements resides with the respective third-party organization, including but not limited to their supervision, direction, policies, and conduct;
- Despite prevailing pre-screening process for third-party organizations, 1UPSTAIRS LLC makes no guarantees or representations as to the safety, legitimacy, or operational practices of any such organization.
5. Background Check Policy
1UPSTAIRS LLC may, at the request and sole discretion of the partnering organization, conduct a preliminary background check on volunteers and/or independent contractors. Participant understands and agrees that:
- Background checks are not automatically required and will be conducted only when mandated by a third-party organization using the Platform;
- The requirement, scope, and interpretation of any background check shall be determined by the requesting organization;
- 1UPSTAIRS LLC is not liable for any decisions made by the organization based on the background check or for any omissions in such checks;
- Submission to a background check does not guarantee approval for any particular activity or assignment.
6. Indemnification
Participant agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:
- Participant’s own acts or omissions;
- Participant’s interaction or affiliation with any third-party organization;
- Any violation of this Agreement.
7. Medical Treatment
Participant consents to emergency medical treatment as needed and accepts full financial responsibility for all related costs. The Released Parties shall not be liable for any medical decisions or outcomes.
8. Binding Arbitration and Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, and any disputes shall be resolved exclusively by binding arbitration through the American Arbitration Association. The arbitration shall be held in either DuPage County or Kane County in Illinois, and judgment upon the award rendered may be entered in any court of competent jurisdiction.
Both Participant and 1UPSTAIRS LLC agree to resolve all disputes exclusively through binding arbitration and expressly waive the right to bring claims in court or to join or initiate any class-action lawsuit.
9. User Data Visibility & Profile Information
Any Participant utilizing the app understands that by using the 1+ Platform, certain profile information — including but not limited to name, profile photo, gender, zip code, emergency contact name and phone number, volunteer preferences, service frequency, participation history, and background check status (e.g., “complete” or “pending”) — may be made visible to partnering organizations, administrators, and in some cases other verified users. This visibility exists for the purpose of ensuring appropriate placement, safety coordination, emergency preparedness, and opportunity matching.
Participant voluntarily consents to this limited data sharing and acknowledges that the 1+ Platform functions as a community-based network where some user information must be accessible to enable trusted interactions and operational effectiveness.
1UPSTAIRS LLC shall not be held responsible for how third parties use, store, or interpret shared information. All users and organizations are independently responsible for how they engage with the data they can access.
10. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. Entire Agreement
This Agreement constitutes the entire understanding between Participant and 1UPSTAIRS LLC and supersedes all prior communications, oral or written, concerning the subject matter herein.
12. Voluntary Execution
By continuing use of the platform, Participant affirms that they have read and understood this Agreement, and that they are voluntarily entering into this legally binding release.
13. No Warranty Clause
1UPSTAIRS LLC provides the platform “as is” without any warranties, express or implied. We do not guarantee uninterrupted access or error-free functionality.
14. Limitation of Liability
To the maximum extent permitted by law, 1UPSTAIRS LLC shall not be liable for any indirect, incidental, consequential, or punitive damages, even if advised of the possibility of such damages.
15. Modification of Terms Clause
1UPSTAIRS LLC reserves the right to modify this Agreement at any time. Continued use of the Platform constitutes acceptance in perpetuity of any changes.
16. Electronic Acceptance
By clicking 'I Agree,' submitting a background check, or otherwise using the 1+ Platform, Participant acknowledges that this Agreement is binding as if physically signed and delivered, and agrees to be bound by its terms electronically.
17. 3:10 Program Disclosure
Participant acknowledges that 1UPSTAIRS LLC operates the 3:10 Program, a giveback initiative through which a portion of membership proceeds may be allocated by 1UPSTAIRS LLC to support charitable or mission-aligned organizations, including nonprofits, local care-based initiatives, and nationwide care groups. This support is made solely by 1UPSTAIRS LLC from its own revenue and does not constitute a personal donation by the Participant.
Accordingly:
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The Participant is not making a direct donation and cannot claim any tax deduction;
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1UPSTAIRS LLC retains full discretion over how and when funds are distributed, including honoring Participant selections when feasible;
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The 3:10 Program is a voluntary initiative by 1UPSTAIRS LLC designed to extend impact and promote social good.
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This arrangement does not create a charitable contract, personal donation, or tax-related relationship between the Participant and any recipient organization.
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1UPSTAIRS LLC reserves the right to modify, suspend, or discontinue the 3:10 Program at any time, at its sole discretion.