Nonprofit.Courses Terms of Service
Welcome to the Terms of Service for the Nonprofit.Courses website. This is an agreement (“Agreement”) between HuggDotNet, LLC (“Nonprofit.Courses”), the owner and operator of www.Nonprofit.Courses (“Site”), any Nonprofit.Courses products and services offered through the Site (collectively the “Platform”) and you (“you”, “your” or “user(s)”), a user of the Site and Platform. Throughout this Agreement, the words “Nonprofit.Courses,” “us,” “we,” and “our,” refer to our company, HuggDotNet, LLC and our Site or Platform, as is appropriate in the context of the use of the words.
By accessing the
website https://nonprofit.courses or using the Platform you agree to be bound
by this Agreement and the Privacy Policy.
We may amend our Terms of Service or Privacy Policy and may notify you
when we do so. PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS ARBITRATION AND
CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
If you do not
agree to the Terms of Service or the Privacy Policy please cease using our Site
and Platform immediately. Users of our Platform
must be 18 years of age or older.
The Nonprofit.Courses Platform provides
information regarding non-profit education and training. Users who access the Site and Platform will
be able to communicate, learn, and receive information regarding the non-profit
sector. The content and information
found on the Platform is for informational and educational purposes only.
Users may be required to register before
accessing portions of the Site or Platform. Your information will be collected
and disclosed in accordance with our Privacy Policy. Users are required to provide truthful and
accurate information when registering for our Site and Platform and must be
over the age of 18. Users may only
register for one account and may not register for others.
We reserve the right to alter, modify, update, or
remove our Platform at any time. We may
conduct such modifications to our Platform for security reasons, intellectual
property, legal reasons, or various other reasons at our discretion, and we are
not required to explain such modifications.
For example, we may provide updates to fix security flaws, or to respond
to legal demands. Please note that this
is a non-binding illustration of how we might exercise our rights under this
section, and nothing in this section obligates us to take measures to update
the Platform for security, legal or other purposes.
When using our Platform,
you are responsible for your and for any use of Nonprofit.Courses made using your
account. You agree not to access, copy, or otherwise use the Nonprofit.Courses
Platform, including our intellectual property and trademarks, except as authorized
by these Terms of Service or as otherwise authorized in writing by Nonprofit.Courses.
You agree to abide by the following:
If you are discovered
to be undertaking any of the aforementioned actions your privileges to use our Platform
may at our discretion be terminated or suspended. Generally, we will provide an explanation for
any suspension or termination of your use of any of our Platform, but Nonprofit.Courses
reserves the right to suspend or terminate any account at any time without
notice or explanation.
After registering for our Site and purchasing access where applicable,
we grant you a personal, non-exclusive, fully revocable, non-commercial, limited
license to use our Platform and access our Site. As a user, you do not receive
any ownership interest in any portion of our Site or the Platform; you merely
receive the aforementioned license listed above. All rights not explicitly granted are
reserved for Nonprofit.Courses. If you wish to terminate this license please
notify us immediately or simply stop using the Site.
Please be aware
that you are responsible for your use of our Platform. Additionally, you agree to abide by the
following licensing restrictions listed below:
- You
may not decompile, reverse engineer, disassemble, modify, rent, sell,
lease, loan, distribute, or create derivative works or improvements to the
Platform or any portion of it.
- You may not share your
license with any other parties.
- You may not violate or
infringe other people’s intellectual property, privacy, or other rights
while using our Site or Platform.
- You may not violate any laws,
rules or procedures of the United States.
- You may not violate any of
our additional policies.
- You may not use our Site or Platform
except through specific channels provided by us.
- You
may not use the Site or Platform on a computer that is used to
operate nuclear facilities, life support, or other mission critical
applications where life or property may be at stake.
- You may not attempt to
interfere with or disrupt our Platform in any way.
- You
may not sell, lease, loan, distribute, transfer, or sublicense the Platform or
access to it or derive income from the use or provision of the Platform unless
enabled through the functionality of our Site.
Please be aware
that this is not an all-encompassing list of restrictions, if you breach any of
these restrictions, we may revoke your license to use our Platform at our
discretion. Additionally, we may revoke
or restrict your access to our Platform if we believe that your actions may
harm us or any of our users. Failure by
us to revoke your license does not act as a waiver of your conduct.
Your ability to submit or transmit any information through
the Site and Platform, including but not limited to text, audio messages,
videos, photos, images or any other information will be referred to as “User
Content” throughout this Agreement. All User Content you submit to the Site or Platform
will be owned by you. Please be aware that
we are not required to host, display, migrate, or distribute any of your User Content
and we may refuse to accept or transmit any User Content. You
agree that you are solely responsible for any User Content submitted and you
release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the
absolute safety and security of any such User Content. Any User Content found to be in violation of
this Agreement or that we determine to be harmful to the Platform may be
modified or removed at our discretion.
When submitting any User Content to our Site and Platform you
represent and warrant that you own all rights to the User Content and you have
paid for or otherwise have permission to use any User Content submitted.
When you submit any Content to us, you grant Nonprofit.Courses,
its partners, affiliates, users, representatives and assigns a non-exclusive,
fully-paid, royalty-free, irrevocable, world-wide, universal, transferable,
assignable license to display, publicly perform, distribute, store, broadcast,
transmit, reproduce, modify, prepare derivative works and otherwise use and
reuse all or part of your User Content.
It is important for you to grant us this license so that we may transmit
your User Content to other users through our Platform. Additionally, although
you own all User Content submitted by you, we own all layouts, arrangement,
metadata and images that are used to render your User Content through our Platform.
Although we will try to provide continuous availability to
you, we do not guarantee that the Site or Platform will always be available,
work, or be accessible at any particular time.
Specifically, we do not guarantee any uptime or specific availability of
the Site. You agree and acknowledge that
the Site uses remote access and may not always be either 100% reliable or
available. Only users who are eligible
to use our Site may do so and we may refuse service or terminate your access at
any time. We cannot guarantee that anything found on our Site will work as
stated, or that it will give you any desired results.
Please be aware that our Platform and any information found
within it are offered “as-is.” Nonprofit.Courses
is offered only for informational and educational purposes. Nonprofit.Courses
does not endorse and may not verify any of its users or any User Content
submitted by users found through Nonprofit.Courses Site or Platform. You agree
that any User Content or any other information may be inaccurate,
unsubstantiated or possibly even incorrect.
We cannot guarantee that using our Platform or Site will result in any
benefits or positive results for you.
You agree to release us from any liability that we may have to in
relation to your use of our Site and Platform.
By using the Site or Platform, you agree that any legal remedy or
liability that you seek to obtain for actions or omissions of other users or
other third parties will be limited to a claim against the particular users or
other third parties who caused you harm and you agree not to attempt to impose
liability on, or seek any legal remedy from Nonprofit.Courses with respect to
such actions or omissions.
The name “Nonprofit.Courses”,
the design of the Nonprofit.Courses Platform and Site along with the Nonprofit.Courses
created text, writings, images, templates, scripts, graphics, interactive
features and any trademarks or logos contained therein (“Marks”), are
owned by or licensed to Nonprofit.Courses, subject to copyright and other
intellectual property rights under US and foreign laws and international
conventions. Nonprofit.Courses reserves all rights not expressly granted in and
to the Platform and the Site. You agree to not engage in the use, copying, or
distribution anything contained within the Site or Platform unless we have
given express written permission.
Order Acceptance
All orders for physical products are subject to
availability. An order contract is not
created until we accept and acknowledge your order and send you an order
confirmation (“Order Confirmation”). For
this reason, you agree that even after you receive an Order Confirmation we may
cancel your order without penalty.
Please be aware that any statements made by our customer service
representatives are non-binding in nature. We reserve the right to refuse
shipments of products to you and to cancel any orders for any reasons at any
time.
Payment
Nonprofit.Courses may allow you to purchase products or purchase
access to portions of our Platform. When
making a purchase you will be prompted to input your credit card information or
pay through a third party payment portal.
You agree that we may charge full amount listed at checkout to your
credit card including taxes, shipping, and handling. Your credit card information will be shared
with our third party payment processor.
By purchasing anything from our Site or Platform you also agree to the
terms and conditions of our third party payment processor. Please be aware that all payment information
will be stored and secured by the payment processor and not us.
Recurring
Payment
Please carefully read any details regarding any services
offered on our Platform or Site before purchasing. Some purchases may have monthly or periodically
recurring billing cycles. By purchasing
access to our Platform, YOU EXPRESSLY AGREE THAT WE MAY CHARGE YOU THE AMOUNT
LISTED AT THE NONPROFIT.COURSES CHECKOUT SCREEN AND ACKNOWLEDGE THAT SOME
PAYMENTS MAY RECUR MONTHLY OR PERIODICALLY.
FOR RECURRING PAYMENTS, YOU EXPLICITLY AUTHORIZE US TO CHARGE YOUR
CREDIT CARD MONTHLY OR FOR THE PERIOD LISTED.
At Nonprofit.Courses we want you to be satisfied with our products
and any services offered. Therefore, we
offer a thirty (30) day money back guarantee for any services or physical
products purchased. After 30 days have
elapsed from the purchase date, we will be unable to issue you a refund. If you require a refund for anything
purchased from our Site within 30 days please contact us at info@Nonprofit.Courses. For any purchases you must contact us before
a refund may be issued. Please be aware that you are required to contact us and
receive instructions before returning any physical product. For any returned physical products you may be
required to pay return shipping and handling.
At checkout you will be able to select from multiple shipping
options. Shipping is available for the
US and other locations as listed. Shipping prices for each location may vary
and will be quoted at the time of checkout.
For generally sized items, standard shipping times will apply. However, as we do not transport the products
we cannot guarantee shipping times.
Before we can ship your order, Nonprofit.Courses must prepare your
product and ensure quality control. We
recommend you check all shipments immediately once you have received them. If you have any issues with your shipment,
please contact us at https://nonprofit.courses/contact-us-at-nonprofit-courses/
Risk of Loss
All items
purchased through the Site are made pursuant to a shipment contract. This means
that the risk of loss and title for such items pass to you upon tender of the
item to the third party shipping carrier.
Depending on the laws of your jurisdiction you may be taxed
for any payments or purchases. In the
event that we do not collect the applicable taxes, you agree that you are still
responsible for any applicable taxes.
You understand that we cannot offer you tax advice and you agree to seek
tax advice from your tax professional. Although no taxes may be collected by us
you agree that you will pay any applicable taxes or fees to the tax agencies
having jurisdiction over you. You agree
that we are not responsible for collecting, transmitting, or advising on taxes,
duties, or other levies by the government regarding your purchases.
Nonprofit.Courses may offer discounts or coupons. Please be aware that any discounts or coupons
are subject to any additional restrictions as listed. Additionally, discounts and coupons have no
cash value and cannot be redeemed. Nonprofit.Courses
reserves the right and final discretion to decide whether any discounts and
coupons are applicable and valid.
THE PLATFORM
AND SITE, INCLUDING, WITHOUT LIMITATION, ANY NONPROFIT.COURSES CONTENT, IS
PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL
FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER HUGGDOTNET,
LLC, NOR ANY OF THEIR EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS OR AGENTS MAKE
ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY USER CONTENT; (C) OUR
CONTENT AND CONTENT FOUND ON OUR PLATFORM; OR (D) SECURITY ASSOCIATED WITH THE
TRANSMISSION OF INFORMATION TO NONPROFIT.COURSES OR VIA THE PLATFORM. IN
ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND
FREEDOM FROM COMPUTER VIRUS.
NONPROFIT.COURSES
DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR
UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE
SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS,
INCLUDING, WITHOUT LIMITATION, VIRUSES. NONPROFIT.COURSES DOES NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS)
ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR
USE OF THE PLATFORM IS AT YOUR SOLE RISK. NONPROFIT.COURSES DOES NOT WARRANT
THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND NONPROFIT.COURSES
SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. NONPROFIT.COURSES DOES NOT ENDORSE
ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY
PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE
OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER
BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH NONPROFIT.COURSES.
IN NO EVENT SHALL NONPROFIT.COURSES,
ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR
USE OR INABILITY TO USE THE WEBSITE OR
OUR PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR SITE OR PLATFORM, (III) ANY
INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF
TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY
THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE
AND PLATFORM, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR
UNINTENTIONAL , (VI) ANY ACTION TAKEN IN
CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII)
ANY ERRORS OR OMISSIONS IN OUR SITE OR PLATFORM
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR
SITE OR PLATFORM, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION .
For
Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction
has provisions specific to waiver or liability that conflict with the above
then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed,
we do not disclaim liability for: (a) death or personal injury caused by its
negligence or that of any of its officers, employees or agents; or (b)
fraudulent misrepresentation; or (c) any liability which it is not lawful to
exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A
SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A
CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF 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 OR HER FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE
CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE
ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR
EFFECT AS THE AFOREMENTIONED RELEASE. NONPROFIT.COURSES IS NOT RESPONSIBLE FOR THE ACTIONS,
CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN
AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE
AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR PLATFORM IS
CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS
AGREEMENT. IF A TOTAL DISCLAIMER AND
RELEASE OF LIABILITY IS NOT PERMITTED IN YOUR JURISDICTION, YOU AGREE OUR TOTAL
LIABILITY TO YOU IS NOT MORE THAN $100 USD.
You agree to
defend, indemnify and hold harmless HuggDotNet, LLC ,
its officers, directors, employees and agents, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees) arising from:
This defense and
indemnification obligation will survive this Agreement and your use of the Nonprofit.Courses
Platform. You also agree that you have a duty to defend us against such
claims and we may require you to pay for an attorney(s) of our choice in such
cases. You agree that this indemnity
extends to requiring you to pay for our reasonable attorneys’ fees, court
costs, and disbursements. In the event
of a claim such as one described in this paragraph, we may elect to settle with
the party/parties making the claim and you shall be liable for the damages as
though we had proceeded with a trial.
We take copyright infringement very seriously, and we plan to
abide by the Digital Millennium Copyright Act of the United States of America. If you live within the US or own any
copyrighted material within the US and believe that your copyright has been
infringed, please send us a message which contains:
You must sign this notification and send it to our Copyright
Agent: Copyright Agent of Nonprofit.Courses, using the webpage: https://nonprofit.courses/contact-us-at-nonprofit-courses/
This Agreement shall be governed by the laws in force in the Commonwealth
of Pennsylvania. The offer and
acceptance of this contract is deemed to have occurred in the state of Pennsylvania.
Any dispute relating in any way to your visit to the Site or
our Platform shall be submitted to confidential arbitration in Montgomery
County, PA, except that to the extent you have in any manner violated or
threatened to violate our intellectual property rights, we may seek injunctive
or other appropriate relief in any state or federal court in the State of Pennsylvania.
Arbitration under this Agreement shall be conducted pursuant to the Commercial
Arbitration Rules (“Rules”) then prevailing at the American Arbitration
Association. Arbitration shall be conducted by one (1) arbitrator as selected
pursuant to the Rules, the arbitrator’s award shall be final and binding and
may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own
arbitration fees and costs. To the fullest extent permitted by applicable law,
no arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class action
proceedings or otherwise. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of, related to or
connected with the use of the Site or this Agreement must be filed within one
(1) year after such claim or cause of action arose or be forever banned. In the
event that the law does not permit the abovementioned dispute to be resolved
through arbitration, you agree that any actions shall be brought solely in a
court of competent jurisdiction located within or otherwise nearest to Montgomery
County, PA.
You agree that we are not responsible to you for anything
that we may otherwise be responsible for, if it is the result of events beyond
our control, including, but not limited to, acts of God, war, insurrection,
riots, terrorism, crime, labor shortages (including lawful and unlawful
strikes), embargoes, postal disruption, communication disruption, failure or
shortage of infrastructure, shortage of materials, or any other event beyond
our control.
In the event that a provision of this Agreement is found to
be unlawful, conflicting with another provision of the Agreement, or otherwise
unenforceable, the Agreement will remain in force as though it had been entered
into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other
agreement you may have with Nonprofit.Courses are deemed to conflict with each
other’s operation, Nonprofit.Courses shall have the sole right to elect which
provision remains in force.
We reserve all rights permitted to us under this Agreement as
well as under the provisions of any applicable law. Our non-enforcement of any particular
provision or provisions of this Agreement or the any applicable law should not
be construed as our waiver of the right to enforce that same provision under
the same or different circumstances at any time in the future.
If we determine that any of your actions may harm Nonprofit.Courses,
we may terminate or suspend your account, or our Platform without notice,
though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate Platform,
you must cease using our Site or Platform.
If you wish to terminate your use of our Site or Platform, simply
discontinue use of the Site and Platform. In the event that you terminate your account,
all information may be deleted and unrecoverable. All provisions of this Agreement which by
their nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability. You agree that
we are not required to provide you with access to our Site and Platform and may
terminate our Site and Platform at any time and for any reason.
You may not assign your rights and/or obligations under this
Agreement to any other party without our prior written consent. We may assign our rights and/or obligations
under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update
this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments,
but if you do, you must immediately cease using our Site and our Platform.
The
communications between you and Nonprofit.Courses use electronic means, whether
you visit the Site or Platform or send Nonprofit.Courses e-mails, or whether Nonprofit.Courses
posts notices on the Site or Platform or communications with you via e-mail. For contractual purposes, you (1) consent to
receive communications from Nonprofit.Courses in an electronic form; (2) agree
that all terms, conditions, agreements, notices, disclosures, and other
communications that Nonprofit.Courses provides to you electronically satisfy
any legal requirement that such communications would satisfy if it were to be
in writing. The foregoing does not
affect your statutory rights.
Pursuant to California Civil Code Section 1789.3, any
questions about pricing, complaints, or inquiries about Nonprofit.Courses must
be sent to our agent for notice to: info@Nonprofit.Courses
Lastly,
California users are also entitled to the following specific consumer rights
notice: The Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs may be contacted in writing at
1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916)
445-1254 or (800) 952-5210.
Last Updated: June 27, 2019