We reserve the right, at our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time, by notice given on the Site or by changing the Terms as accessible on the Site. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You are responsible at all times for complying with the current version of the Terms. We recommend that you periodically check these Terms as posted on this Site for changes. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes.
NonprofitMetrics grants you a non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your own purposes. You must use the Services for lawful purposes, and you may not use the Services in any way that breaches any applicable local, national or international law or regulation. You agree that your use complies with this license and you hereby agree to indemnify NonprofitMetrics against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of business opportunity, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by NonprofitMetrics arising out of or in connection with your use of the Services.
You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means. You will not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services. You will not access all or any part of the Services in order to build a product or service that competes with the Services. Use of any data mining, robots, or similar data gathering and extraction tools to extract data from the Site, the Application or the Services (“screen scraping”) is expressly prohibited. You will not take any action that imposes or may impose (in NonprofitMetrics’s sole discretion) an unreasonable or disproportionately large load on NonprofitMetrics’ infrastructure. You may not bypass any measures used by NonprofitMetrics to prevent or restrict access to the Services.
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted if NonprofitMetrics deems such information is required to use the Services. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or NonprofitMetrics has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NonprofitMetrics has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
NonprofitMetrics will use commercially reasonable efforts to: (i) provide its basic support for the Services to you at no additional charge, and (ii) make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which NonprofitMetrics will endeavor to give notice via email notification), and (b) any unavailability caused by urgent maintenance or circumstances beyond NonprofitMetrics’ control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or denial of service attacks.
If you use or refer to the results of the Services in relation to material that is subsequently published, we request that you credit NonprofitMetrics as the source of the information with an appropriate attribution.
A valid credit card is required to create an account. Your credit card will be charged upon signup for the Services, and will be charged thereafter on a monthly or annual basis in advance, depending on type of account created. Refunds will not be granted for unused time.
If any amount owing by you under this or any other agreement for the Services is 30 or more days overdue, NonprofitMetrics may suspend your use of the Services until such amounts are paid in full. NonprofitMetrics will give you at least 7 days’ prior notice that your account is overdue before suspending services.
Unless otherwise stated, NonprofitMetrics’ fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases hereunder. If NonprofitMetrics has the obligation to pay or collect Taxes for which you are responsible, the appropriate amount shall be invoiced to and paid by you, unless you provide NonprofitMetrics with a valid tax exemption certificate authorized by the appropriate taxing authority.
All payment processing, storage of credit card information will be handled by Stripe Inc, (www.stripe.com). By utilizing the using the Services, you authorize NonprofitMetrics to use Stripe for payment processing.
You are solely responsible for properly canceling your account. You can cancel your account at any time only by clicking on the Account link in the global navigation bar at the top of the screen and then selecting the cancellation link. Such cancellation will be effective immediately.
NonprofitMetrics, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Account. NonprofitMetrics reserves the right to refuse service to anyone for any reason at any time.
In the absence of cancelation or termination as provided above, your Services plan will automatically renew (on the then current terms of that plan) at the end of its term.
Notwithstanding anything else, you cannot downgrade your Services plan during term of that plan and, in the case of any cancellation or termination by you or NonprofitMetrics, you will not be entitled to any refund and you will remain obligated to promptly pay all amounts that, in the absence of cancellation or termination, would have become due in connection with your Services plan during the full term of that plan.
NonprofitMetrics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
Prices, maximums and other terms for all services, including but not limited to monthly and annual subscription plans for the Services, are subject to change from time to time. Notice of changes may be provided at any time by posting the changes to the Site or the Services; it is up to you to periodically check the plans and Services information from time to time to be aware of the then current pricing, maximums and terms (and we especially encourage you to do this prior to any automatic renewal of your Services plan).
NonprofitMetrics shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
EXCEPT AS OTHERWISE SPECIFIED IN A SEPARATE AGREEMENT BETWEEN YOU AND NONPROFITMETRICS, NONPROFITMETRICS MAKES NO WARRANTIES WITH RESPECT TO ANY SERVICES PROVIDED. AS BETWEEN YOU AND NONPROFITMETRICS, ALL SERVICES ON THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANTI-VIRUS, SECURITY OR ACCURACY.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL NONPROFITMETRICS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR A LINKED SITE, OR USER'S RELIANCE ON ANY SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER INFORMATION OBTAINED FROM THE SERVICES OR A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER INFORMATION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONPROFITMETRICS AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SERVICES OR ANY RELATED SERVICES.
NonprofitMetrics does not take any responsibility for any content accessed through use of the Services. Any use or reliance on any content obtained by you through use of the Services is at your own risk. NonprofitMetrics does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content accessed using the Services. You understand that by using the Services, you may be exposed to content that might be inaccurate or deceptive. Under no circumstances will NonprofitMetrics be liable in any way for any content accessed, or any loss or damage of any kind incurred as a result of the accessing by you of the Services.
You accept responsibility for the selection of and use of the Services to achieve your intended results.
You agree to indemnify and hold NonprofitMetrics (and its members, managers, officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms of Service, your violation of any law or the rights of a third party (including any data protection rights) or any claim or liability associated with your use of the Services.
The Services and all related trademarks and service marks (whether registered or unregistered) are proprietary to NonprofitMetrics. In the event that you are notified by a third party that that party claims rights in the Services or that use of the Services infringes any right of that third party, you agree to immediately notify NonprofitMetrics and, at NonprofitMetrics’s request, to immediately cease using the Services.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This Terms of Service and the relationship between you and NonprofitMetrics will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and NonprofitMetrics agree to submit to the personal jurisdiction of the federal and state courts located in the State of Delaware with respect to any legal proceedings that may arise in connection with this Terms of Service. The failure of NonprofitMetrics to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. NonprofitMetrics does not guarantee it will take action against all breaches of this Terms of Service. Except as otherwise expressly provided in this Terms of Service, there shall be no third-party beneficiaries to this Terms of Service. This Terms of Service constitutes the entire agreement between you and NonprofitMetrics and governs your use of the Service, superseding any prior agreements between you and NonprofitMetrics with respect to the Service.