Terms of Service Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various services (the "Services") made available to you (the "Member") by MyNonprofit through http://www.MyNonprofit.com ("MyNonprofit"). Note that individuals that signup for MyNonprofit as administrators are also considered “Members” for the sake of this agreement, which sets out the legally binding terms for your membership and may be modified by MyNonprofit from time to time. Any modifications shall be effective upon posting by MyNonprofit on the Website. A) Modifications MyNonprofit reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at MyNonprofit's sole discretion. The most recent version of this Agreement will be posted on the MyNonprofit website. Although MyNonprofit will provide notice of material changes to this Agreement on the MyNonprofit website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with MyNonprofit in any way, Member's only recourse is to immediately: (1) discontinue use of MyNonprofit; (2) terminate MyNonprofit registration; and (3) notify MyNonprofit of termination. B) Description of Services As a Member, you will be provided with a variety of services, as described on the MyNonprofit website. MyNonprofit reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at MyNonprofit's sole discretion, with or without notice to Members, and with no obligation to Members. C) Privacy MyNonprofit has established a Privacy Policy to explain to Members how their information is collected and used. Member's use of the MyNonprofit website or the Services signifies acknowledgment of and agreement to MyNonprofit's Privacy Policy. Members further acknowledge and agree that MyNonprofit may disclose Member's personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of MyNonprofit, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy. The Add Friends feature is an easy way for MyNonprofit users to invite friends through email. The email address(es) that you supply to use this service will only be used to send invitations to connect with you on MyNonprofit. D) Member Account and Password Once Member registers for MyNonprofit, Member will have a password and an account with MyNonprofit. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member profile or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member profile or access to your password. You are solely responsible for any and all use of your Member profile.Member agrees to immediately notify MyNonprofit of any unauthorized use of Member's account or any other breach of security known to Member. E) PROPRIETARY RIGHTS IN THE SERVICE. MyNonprofit owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of MyNonprofit, and its licensors, including other MyNonprofit Members. Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content and material included therein. F) Member Conduct Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. MyNonprofit reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does MyNonprofit guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, MyNonprofit, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that MyNonprofit deems appropriate to enforce its rights and pursue all available remedies. Without limitation, MyNonprofit reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of our guidelines. G) Content Posted. MyNonprofit may delete any Content that in the sole judgment of MyNonprofit violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MyNonprofit assumes no responsibility for monitoring the MyNonprofit Services for inappropriate Content or conduct. If at any time MyNonprofit chooses, in its sole discretion, to monitor the MyNonprofit Services, MyNonprofit nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the MyNonprofit Services, and any material or information that you transmit to other Members and for your interactions with other Users. MyNonprofit does not endorse and has no control over the Content. Content is not necessarily reviewed by MyNonprofit prior to posting and does not necessarily reflect the opinions or policies of MyNonprofit. MyNonprofit makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. Prohibited Content includes Content that: (a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal and/or unauthorized ("pirated") copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content; (f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (g) displays pornographic or sexually explicit material of any kind and in any form; (h) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes; (i) violates the terms of this Agreement or creates liability for MyNonprofit. H) COPYRIGHT POLICY. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. I) YOUR MEMBER PROFILE. Any Content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. J) Disputes Your interactions with other Members in connection with the Services, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that MyNonprofit will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), MyNonprofit is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members. K) Termination Either party may terminate use of the MyNonprofit website or the Services with or without cause at any time and effective immediately upon written notice to the other party. MyNonprofit may terminate with or without cause at any time and effective immediately, at MyNonprofit's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. MyNonprofit shall not be liable to Member or any third party for termination of use of MyNonprofit or the Services. Member's right to use MyNonprofit or the Services shall cease immediately. Member shall have no right and MyNonprofit will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement. L) Fees You acknowledge that MyNonprofit reserves the right to charge for the MyNonprofit Services and to change its fees from time to time in its discretion. If MyNonprofit terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. M) DISCLAIMERS OF WARRANTIES MEMBER AGREES THAT USE OF THE MYNONPROFIT WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE MYNONPROFIT WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MYNONPROFIT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MYNONPROFIT WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MYNONPROFIT DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH THE MYNONPROFIT WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE MYNONPROFIT WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MYNONPROFIT DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MYNONPROFIT WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. N) LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL MYNONPROFIT BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE MYNONPROFIT WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MYNONPROFIT WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE MYNONPROFIT WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MYNONPROFIT WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MYNONPROFIT WEBSITE OR THE SERVICES OR ANY LINKS ON THE MYNONPROFIT WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MYNONPROFIT WEBSITE OR THE SERVICES OR ANY LINKS ON THE MYNONPROFIT WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. O) Indemnification Member agrees to indemnify and hold MyNonprofit, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold MyNonprofit harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement. P) Governing Law This Agreement and the relationship between Member and MyNonprofit shall be governed by the laws of the State of California without regard to its conflict of law provisions. If any provision of the Agreement 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 the Agreement remain in full force and effect. Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MyNonprofit, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. MyNonprofit makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws. Q) Agreement The Agreement constitutes the entire agreement between Member and MyNonprofit and governs your use of MyNonprofit and the Services, superseding any prior agreements between Member and MyNonprofit. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of MyNonprofit to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. R) RELEASE. To the extent permitted under applicable laws, you hereby release MyNonprofit from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services or Member; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any website, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services; (d) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Website and/or Members, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Website user or Member communications. S) OTHER. This Agreement contains the entire agreement between you and MyNonprofit regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of MyNonprofit to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "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." T) Contacting MyNonprofit Users with questions about this Terms of Service and any of the aforementioned statements may contact MyNonprofit at ContactUs@MyNonprofit.com About MyNonprofit      |      Contact Us      |      Privacy      |      Terms