Terms and Conditions

TERMS OF USE

‍Effective Date: January 2, 2022 PLEASE READ THESE TERMS CONDITIONS OF USE CAREFULLY.  

‍1.  ACCEPTANCE OF TERMS BY  ACCESSING THE NONPROFIT FINANCIAL SUSTAINABILITY FOUNDATION (“Foundation”, “We”, “Us”, or “Our”) WEBSITE  (“Site”) AND OTHERS IT OPERATES (TOGETHER THE “Site”), OR THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH OUR WEBSITE, THE USER (“You”, or “Your”) AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, AND COMPLIANCE WITH ANY APPLICABLE LOCAL, STATE, AND FEDERAL LAWS. YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, YOU ARE PROHIBITED FROM USING OR ACCESSING OUR SITE AND MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE AT OUR SITE. ALL THE MATERIALS CONTAINED IN OUR SITE ARE PROTECTED BY APPLICABLE COPYRIGHT AND TRADEMARK LAW.WE MAY CHANGE, MODIFY, OR SUSPEND OUR SITE AT ANY TIME, AT OUR SOLE DISCRETION. WE WILL PROVIDE NOTICE BEFORE IT BECOMES EFFECTIVE. YOUR CONTINUED ACCESS OR USE OF OUR SITE AFTER POSTING THE CHANGES SIGNIFIES YOUR AGREEMENT AND ACCEPTANCE OF THESE CHANGES.‍

‍2.   USE OF THE SITE By accepting the TERMS AND CONDITIONS OF USE, the Foundation grants You access to the Site and all Information, Services, and Products available at the Site.  For purposes of the use of the Site, “Services and Products” means educational, training materials for volunteers, donors, and non-profit organizations, software (SaaS), e-mail updates, and other services provided by the Foundation through the Site. The Foundation has the right at its sole discretion to deny access to anyone to the Site, and its Services and Products offered, for any reason, at any time, including, but not limited to, for violation of Our TERMS AND CONDITIONS OF USE.The Foundation does not discriminate based on race, age, national origins, gender, sexual orientation, or religion.As a condition of Your use of the Site, You warrant that: All information provided by You on the Site is true, accurate, current, and complete, You have the legal authority to enter in accordance with Our TERMS AND CONDITIONS OF USE, You will not promote, license, copy, reproduce, transmit, replicate, post, distribute or redistribute, modify, adapt works from, or any portion of the Site, without the advance written consent of the Foundation. ‍

‍3.   USER ACCOUNTS To utilize, download, or subscribe to Our Services and Products, You will be required to create and maintain a user account with the Foundation. You will be requested to then create Your personal login and passwords. You are the only one to be responsible to maintain the confidentiality of Your personal information for Your User Account.

‍‍4.   PERSONS UNDER THE AGE OF 13 No person under the age of 13 should use the Site without the consent of their parents or legal guardian.  We strongly encourage all parents and guardians to monitor the internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.

‍5. COPYRIGHTS, TRADEMARKS, AND RESTRICTIONS We expect users of the Site to respect the intellectual property rights of others.  All trademarks, product names, and company names or logos cited on the Site are the property of their respective owners.By submitting, uploading, or transmitting any e-mail, blog posts, ideas, feedback, articles, information, questions, suggestions, submissions or other materials to the Site, You represent and warrant that You own or have all rights necessary to submit, upload or transmit such materials, and You hereby grant the Foundation an irrevocable, perpetual, non-exclusive, royalty-free rights to the materials.  The Site and materials on the site are the property of the Foundation and any affiliates it may have now, or in the future and are protected by copyright law, trademark law, international conventions, and other intellectual property laws. You may print in hard copy portions of the Site with the sole intent of subscribing to the Foundations Products and Services. Printing materials for any other reasons or transferring materials for use on any other Web site, or the modification, distribution, or republication of materials without the Foundation’s approval is strictly prohibited. The Foundation does not endorse, or guarantee the accuracy, reliability, or appropriateness of any opinion, statement, information, or material displayed or distributed through the Site by parties other than the Foundation. The Foundation is not responsibility for the content, conduct, on-line or off-line, of any user of the Site and has no obligation to monitor the use of the Site. We may remove material that appears in Our sole discretion to infringe upon the intellectual property rights of others, and We will terminate the access rights of any repeat infringer.  

‍6.    PROHIBITED ACTIVITIES ON THE USE OF THE SITEAll content and information on the Site are proprietary to the Foundation. You thereby agree that You will not:Access or attempt to access any systems or servers hosting the Site, change or modify the Site in any way    Use the Site or its contents with the intent of creating a competitive product, limit the performance or functionality of the Site, or for any purpose other than for your own lawful use that complies with these TERMS AND CONDITIONS OF USE and all applicable lawsSubmit, transmit, or display any images, photographs, graphics, links, audio files, video files, or similar user content on the Site without express consent from the FoundationAttempt to change, alter, edit, translate, disassemble, or reverse engineer the Foundation’s software, Programs, and Services used by the Foundation in connection with the SiteFrame, mirror, or otherwise incorporate any part of the Site into any other Web site without the Foundation’s prior written consent   Forge headers, and links, misrepresent Your identity, or otherwise manipulate identifiers to deceive others or disguise the origin of any user content transmitted to or via the SiteFalsify user account registration or subscription information Make unauthorised use of another’s informationUse the site to publish, post, display, or disseminate any user content or offer any product that is not a Service or a Product of the Foundation, with profane, obscene, pornographic, indecent, unlawful, threatening, or that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individualUse the Site to advertise or offer to sell or buy any goods or services for any business purposeCollect, store, publish, post, sell, transmit or disclose personal data about other users of the Site unless authorized by such users to do so Upload or otherwise transmit files that contain viruses, worms, Trojan horses, spyware, adware, sniffers, corrupted files, or other computer code designed to interrupt, destroy, or limit the functionality of the Foundation’s computer hardware, software, or telecommunications equipment

‍7.LIMITATION OF LIABILITY AND DISCLAIMER Your use of the Foundation’s Products and Services is at your own risk. The Foundation makes no representation or warranties of any kind concerning the suitability of its Products and Services on the Site. The Products and Services on the Site are available on an “as is” and “as available” basis without any warranty or conditions of any kind, implied or expressed. The Foundation does not warrant that the Site or its Products and Services will be uninterrupted or free of defects, and viruses at any time, or the Products and Services published on the Site may include errors and pricing errors. The Foundation does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of its Products and Services through the Site or otherwise relating to such Products and Services or any Web site linked to the Site. In no event shall any officer, employee, independent contractors, consultants, suppliers, and third parties be liable for any damages (including, without limitation, damages for loss of data, profits due to any interruption, or any damage caused by computer viruses and other malicious or unauthorized code and programming) and results of the  Foundation’s advertised Products and Services on the Site, including any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of or in connection to the Site.                                                                                                                                                                    

‍8. ACCESS OUTSIDE OF THE UNITED STATES Your personal information will be hosted and processed by the Foundation (or service providers acting on behalf of the Foundation) in the United States, where data protection and privacy regulations may not afford the same level of protection as the laws of certain other countries, such as the member nations of the EU. The Foundation does not claim that the Site or any of its contents may be downloaded or accessed outside of the United States. If You access the Site from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your country.                                                   

9. LINKS AND INTERACTIONS WITH THIRD PARTIESThe Foundation does not review all the Web sites linked to or from the Site and is not responsible for the contents of any such linked site, whether inbound or outbound. Any Web site accessed from the Site is independent from the Foundation, which has no control over the content of that other Web site. 

‍10. APPLICABLE LAW Any claim relating to the Foundation’s Site shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions. These terms also apply to any business, corporation, employed person, owner, partner, or related entity to the Foundation. 

‍11. INDEMNIFICATION You agree, at your expense, to indemnify, defend and hold harmless the Foundation and its officers, directors, employees, agents, suppliers, licensors, and third-party partners from and against all claims, losses, expenses, damages, and costs (collectively, “Damages”), including reasonable attorneys' fees, arising out of Your use of the Site including, but not limited, to the unauthorized use of your id or password, materials you access, download, submit, post, transmit or make available through the Site. 

‍12. SUBSCRIPTIONS AND REGISTRATIONS Some Products and Services offered on the Site are available only to those who register or subscribe to them. You agree that the subscription or registration information you provide is accurate, complete, and current, and You further agree to promptly update that information to keep it accurate, complete, and current.  If You subscribe or register on behalf of an individual, business entity, or other organization, You represent and warrant that you have the authority to provide the information required and to bind the individual or organization to these TERMS AND CONDITIONS OF USE.  Once You subscribe or register for a Foundation Product or Service, You will receive a user id and will create Your own personal password. You are responsible for maintaining the confidentiality of Your user id and password and are responsible for all activities that occur using Your user id and password, whether or not expressly authorized by You. The Foundation will not be responsible for any damages resulting from the unauthorized use of Your user id or password. You agree to notify us immediately of any such unauthorized use or any other breach of security.Upon subscription or registration, you may receive emails, updates, and other emails and information from the Foundation, in accordance with our Privacy Policy. You may unsubscribe at any time by clicking the unsubscribe link in the emailings.

‍13.  SERVICES AND PRICE MODIFICATIONThe Foundation may at its own discretion, change or modify its prices at any time, upon 30 days’ notice and may discontinue the Services and Products entirely with or without notice.

14.  INTERACTIONS WITH OTHERSYou are responsible for all your interactions, both online and off-line, with other visitors to the Site. In all the interactions, whether online or offline, with visitors of the Site, You agree to take the necessary precautions to protect yourself, Your property, and Your personal financial information. The Foundation shall not be liable, including without limitations, for damage to Your loss of property, business losses, loss of profits, emotional distress, bodily injury, or death resulting from Your communications or other contacts, whether online or off-line, with visitors to the Site, including subscribers and registrants to our Products and Services. 

‍15. DISPUTE RESOLUTIONIn the event of any controversy that shall arise, dispute or claim arising out of or related to the use of the Site or Products and Services, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. The Foundation will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to the unauthorized use on Your part or Your modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, from the Site.In the event you have a dispute with one or more visitors to the Site or users of the Foundation’s Products and Services, You hereby irrevocably release the Foundation and its directors, officers, employees, agents, affiliates, subsidiaries, successors and assigns from any claims, demands or damages, direct or consequential, of any kind, known or unknown, disclosed and undisclosed, arising out of, or related to or in connection with any such dispute.

‍16.  PRIVACY POLICY For information on the Foundation’s practices, please read Our Privacy Policy. You agree to the use of the Site, Products, and Services in accordance with Our Privacy Policy.

‍17.  NO WAIVER A failure by the Foundation to exercise or enforce any right or provision under this TERMS AND CONDITIONS OF USE does not constitute a waiver of such right or provision. A waiver of any right or provision under this TERMS AND CONDITIONS OF USE will only be effective if it is in writing and signed by the Foundation.