Terms
Last Updated: June 12, 2019
Welcome, and thank You for Your interest in The Nonprofit Consulting Shop (“TNPCS” or “We” or “Us”), which operates the website located at www.thenonprofitconsultingshop.com (the “Website”).
TNPCS operates a subscription service that provides our Subscribers with access to TNPCS courses, materials, and other consulting services. If You would like information on how to contact us, click the About Us page and scroll down to the Who We Are section.
The following Terms of Service are a legal contract between You (“You”) and TNPCS regarding Your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users.” As used in these Terms of Service, “Service” or “Our Service” means the subscription service provided by TNPCS for viewing our courses and content, additional consulting services, including all features and functionalities, website, software and user interface.
A “Subscriber” is defined as a TNPCS customer who has agreed to these terms, subscribed to an annual TNPCS Subscription, and created a TNPCS account. For purposes of these Terms of Service, a “Subscriber” also includes users who have enrolled in a free trial or other promotional offering by Us permitting access to TNPCS Services.
1. Acceptance of Terms of Service. By using our services, You agree to these terms. If You do not agree, please do not view, download, or use any of our materials or services. For residents of certain countries, You agree to the arbitration agreement and class action waiver to resolve any disputes with TNPCS.
2. Account. You need an account to access and use TNPCS services. You will be asked to provide a password in connection with Your account. You are solely responsible for maintaining the confidentiality of Your account and password, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to TNPCS, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure this accuracy is maintained and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., loss, theft, unauthorized disclosure or use of Your account ID or password), then You agree to immediately notify TNPCS at [email protected]. You may be liable for the losses incurred by TNPCS or others due to any unauthorized use of Your Website account.
a. To create a TNPCS account, You must have a valid email address, and provide truthful and accurate information regarding Your status as a nonprofit as defined by IRS classification, including: 501(c)(3), 501(c)(4), (501(c)(5), 501(c)(7), 501(c)(8), 501(c)(19), 501(c)(25), 501(d), 501(e), 501(k). Your account creation and use of TNPCS services is a legal representation that You are not an employee or staff member of an agency or for-profit corporation.
b. You must be at least 18 years of age (or such other minimum age as is applicable in Your country of residence) to create an account. You are responsible for the activity on Your account. Your account may be suspended or terminated if someone else uses it to engage in an activity that violates this agreement.
c. You may cancel Your account at any time.
3. License. The Services are licensed to You, not sold. TNPCS grants You a personal, limited, non-transferable, revocable and non-exclusive license to use the services to which You have access for Your use, subject to Your compliance with this Agreement. You may not access, copy, modify or distribute any services or materials provided unless expressly authorized by TNPCS or permitted by law. You may not copy and distribute or extract data from TNPCS, unless expressly authorized by TNPCS or permitted by law. TNPCS or its licensors own and reserve all other rights, including all right, title and interest in the services and materials and associated intellectual property rights.
a. The Website is owned and operated by TNPCS. The visual interfaces, graphics, design, compilation, information, computer code (source code or object code), software, services, content, training videos, and all other elements of the Website are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except otherwise set forth, all materials, and all trademarks, service marks, and trade names, contained on or available through the Website are owned by or licensed to TNPCS, and TNPCS reserves all rights therein and thereto not expressly granted by these Terms.
4. Intellectual property.
a. No right, title or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted, are reserved by the company.
b. You must not reproduce, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store or transmit any of the material on the Website, notwithstanding such activities permitted by law. You are not permitted to capture, modify, reuse or retransmit copies of Company Intellectual Property, or to use any illustrations, photographs, video, music or audio sequences or any graphics separately away from accompanying text. Our status as the authors of material on Our Site or in TNPCS content must always be acknowledged.
c. You may not (i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or (iii) access or use for any commercial purposes, any part of the Website or any services or materials available through the Website. All rights in Company Intellectual Property are reserved by and to the Company. If You print off, copy, download or otherwise use any part of our Site, our TNPCS Service or other Products or Services in breach of these Terms of Service, Your right to use our site and the TNPCS Service will cease immediately and You must, at Our option, return, discontinue use, or destroy any copies of the materials You have made. In addition, the Company reserves all rights to pursue any and all available legal remedies to address and remedy this breach.
d. The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site (including but not limited to, The Nonprofit Consulting Shop, Ready Set Fundraise, Ready Set Start, and TNPCS) are the registered and/or unregistered Trademarks of the Company, a Company affiliate, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms of Service serves to grant to You, by implication or otherwise, any license or right to us any Trademarks displayed on this site without the express written permission of the Company or such third party that may own the displayed Trademarks. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
5. Website. Access to our TNPCS Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Website, and any service or material that We provide on the Website in Our sole discretion and without notice.
a. We will not be liable, if, for any reason, all or any part of the Website is unavailable at any time or for any periods.
b. We have the right to terminate Your access to the Site if we determine that You have failed to comply with any of the provisions of these Terms of Service.
6. Refund Policy. Two criteria must be met in order to get a refund:
1. We will issue a full refund (minus any external fees) for Ready, Set, Fundraise from the point of purchase through Your completion of the first video (The Introduction to Ready, Set, Fundraise). Once You view any content besides the first video, You will no longer be eligible for a refund.
2. All refund requests must be requested within 30 days of the original purchase.
a. All refund requests should be submitted to: [email protected]. Please include a quick description of why You need to cancel. If You opted for a payment plan and do not request a refund in accordance with the above listed criteria, You are required by law to complete the remaining payments of Your payment plan.
7. Prohibited Conduct.
a. YOU AGREE NOT TO:
i. Unless expressly permitted, rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer licenses for any materials
ii. Post, upload, or distribute defamatory, libelous, or inaccurate content to the Website
iii. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without express permission, or perform any other fraudulent activity
iv. Delete the copyright or other proprietary rights notices on the Website or on any content or materials provided therefrom
v. Use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including but without limitation to, laws governing intellectual property and other proprietary rights, data protection, and privacy
vi. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website
vii. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law
viii. Modify, adapt, translate or create derivative works based upon the Website, or any materials or content thereof, except and only to the extent expressly permitted by TNPCS or to the extent the restriction is expressly prohibited by law; or
ix. Intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type of attacks or by uploading or otherwise disseminating viruses, adware, spyware, or other malicious codes.
x. Co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company
8. Digital Millennium Copyright Act
a. We take claims of copyright infringement seriously. We will respond to notice of alleged copyright infringement where appropriate. If You believe any materials accessible on or from the Website infringe Your copyright, You may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, the written notice the (“DMCA Notice”) must include substantially the following:
i. Your physical or electronic signature
ii. Identification of the copyrighted work You believe to have been infringed, or, if the claim involves multiple works, a representative list of such works.
iii. Identification of the material You believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
iv. Adequate information by which we can contact You (name, postal address, telephone number, and if available, email address).
v. A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
vi. A statement that the information in the written notice is accurate.
vii. A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
b. Our designated Copyright Agent to receive DMCA Notices is our Executive Director of Contract Services, who can be reached at [email protected]
9. Disclaimers/Limitations Of Liability/Indemnity/Representations
a. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ON OUR SITE, TNPCS AND OUR PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO TNPCS, OUR SITE, OUR PRODUCTS, AND ALL SOFTWARE AND SERVICES ASSOCIATED THEREWITH. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF TNPCS, OUR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY ELIMINATE OR OTHERWISE MODIFY ANY AND ALL ASPECTS OF TNPCS, OUR PRODUCTS OR OUR STREAMING SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF DEVICES IN CONNECTION WITH TNPCS, OUR PRODUCTS OR SERVICES AND WE FORECLOSE LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF STREAMING SERVICE, (II) DELIVERY AND OR DISPLAY OF ANY CONTENT CONTAINED ON OUR SITE OR OTHERWISE THROUGH STREAMING; AND (III) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE PRODUCTS OR SERVICES PROVIDED ON OUR SITE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ON OUR SITE, TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR GUARANTEE THAT YOUR USE OF OUR PRODUCTS WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON THE COMPANY.
b. IN NO EVENT SHALL THE COMPANY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF TNPCS, OUR PRODUCTS OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE TNPCS, OUR PRODUCTS OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH EXCEED THE SUBSCRIPTION PRICE OF THE TNPCS SERVICE YOU PURCHASED. IN THE EVENT A CLAIM DOES NOT STEM FROM A RELATED PRODUCT OR SERVICE, OUR TOTAL LIABILITY TO YOU FOR ANY RELATED DAMAGES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF SERVICE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE TOTALLY AND COMPLETELY SEVERED, AND THE TERMS OF SERVICE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY TO THE COMPANY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
c. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIER’S DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. Indemnity
i. You agree to defend, indemnify and hold harmless the Company, its parent, its affiliates and subsidiaries, and their officers, directors, employees, contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) Your use of TNPCS Services; (ii) Your use of and access to this Site; (iii) Your violation of any term of these Terms of Service; or (iv) Your violation of any third party right, including without limitation any intellectual property right, property, or privacy right. This defense and indemnification obligation will continue during and after Your Subscription Term and will survive Your use of TNPCS and this Site.
e. Your Representations
i. You shall use this Website only for lawful purposes and in accordance with these Terms
ii. You promise that (i) You are of legal age to form a binding contract with the Company (ii) You will not use the Website in any way that violates any applicable local or international law or regulation; (iii) You shall not engage in the prohibited conduct as outlined in Section 7; (iv) that Your status is one as a representative or employee of a nonprofit organization as defined by IRS classification, including: 501(c)(3), 501(c)(4), (501(c)(5), 501(c)(7), 501(c)(8), 501(c)(19), 501(c)(25), 501(d), 501(e), 501(k); (v) that in creating an account and using TNPCS, You are not an employee or staff member of an agency or for-profit corporation.
10. Transfer of Rights and Obligations. These terms of Service are binding on You and the Company and on our respective successors and assigns.
a. You may not transfer, assign, change, or otherwise dispose of these Terms of Service, or any of Your rights or obligations arising therefrom, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms of Service, or any of our rights or obligations arising therefrom, at any time.
11. Waiver. The failure of TNPCS to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.Any waiver of any provision of the Terms of Service shall only be effective if expressly stated in writing and signed by TNPCS.
12. Severability. If any of these Terms of Service, or any provisions of our agreement(s) with You are determined to be invalid, unlawful, or unenforceable to any extent by any competent legal authority, such term, condition, or provision will to that extent, be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent as permitted by law.
13. Notice and Consent to Electronic Communications. When You visit this Site or send e-mails to us, You are communicating with us electronically. By using this Site, You consent to receive communications from us electronically. We may communicate with You by e-email or by posting notices to Your account on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.
14. Headings. The heading references herein are for convenience purposes and do not constitute a part of the Terms of Service, and will not be deemed to limit or affect the provisions hereof.
15. Dispute Resolution and Arbitration
a. The Terms will be governed and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law.All such matters of resolution, including proceedings, mediations and arbitrations shall be conducted solely in English.
b. For any claim related to the Terms or the Website, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either TNPCS or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. The party shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. You agree that any action at law or in equity arising out of or relating to the Terms of Service of TNPCS will be field only in the state or federal courts in and for Pierce County, Washington, and each of You and TNPCS hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in 14(b) regarding arbitration. Notwithstanding this, TNPCS shall still maintain rights to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
d. Improperly filed claims. All claims You bring against TNPCS must be resolved in accordance with Section 14. All claims brought in violation of the Section hereof shall be considered improperly filed. Should either party file a claim contrary to Section 14, the other party may recover attorneys’ fees and costs up to three thousand U.S. Dollars ($3,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
e. Claims. YOU AND TNPCS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUSES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
i. This Section shall not be read to apply to nor limit suits pursuant to violations and infringement of Company Intellectual Property.
