Nonprofit Money Senes Terms of Use

Effective: January 1, 2021

Thank you for visiting nonprofitmoneysense.com (the ‘Website”). The Website is owned and operated by ADEM Enterprises, Inc. (“ADEM”).

These terms of service (“Terms”) cover your use and access to our products and services, including the Website (collectively, "Services"). By using ADEM’s Services, you’re agreeing to be bound by these Terms, and our Privacy Policy. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.

Access to the Website

License. Subject to these Terms, ADEM grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Website.

Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.

Modification. ADEM reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that ADEM will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.

No Support or Maintenance. You acknowledge and agree that ADEM will have no obligation to provide you with any support or maintenance in connection with the Website.

Ownership. You acknowledge that all the intellectual property rights, including those rights relating to logos, slogans, names, images, copyrights, trade marks, service marks, and trade secrets, in the Website and its content are owned by ADEM or ADEM’s suppliers. The collection, arrangement, and assembly of all content on the Website belong exclusively to ADEM. Neither these Terms (nor your access to the Website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms. ADEM and its suppliers reserve all rights not granted in these Terms. No implied licenses are granted under these Terms.

Your Property & Your Permissions

When you use our Services, you may provide us with things like your files, content, messages, contacts, and so on (“Your Property”). Your Property is just that -- yours. These Terms don’t give ADEM any rights to Your Property.

We will need your permission to do things like hosting Your Property, backing it up, and sharing it when you ask us to. Our Services also may also provide you with features like eSign, or file sharing,. These and other features may require our systems to access, store, and scan Your Property. In the event the Website is used for any such Services related to Your Property, you give us permission to do those things, and this permission extends to our affiliates and trusted third parties with whom we work.

Your Account

You may need to create your own account with ADEM to use certain Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Services provided through the Website are intended only for organizations whose representatives can purchase such Services with a credit card or other permitted payment method. We reserve the right to refuse service, terminate accounts, terminate your rights to use the Services, remove or edit content, or cancel orders in our sole discretion.

Your Responsibilities

You may use the Website only as permitted by applicable law. To use the Website, you must be at least 13 years old, or in some cases, even older. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Website.

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to info@nonprofitmoneysense.com.

Services

ADEM’s Services that are advertised on or provided through the Website are subject to change at any time. The content on the Website for Services that are not able to be purchased directly through functionality on the Website (“Offline Services”) is descriptive only and does not constitute any form of an offer to perform Offline Services to any particular user who accesses the Website. If you contact ADEM about any Offline Services, whether through functionality provided on the Website, or through contact information on the Website, any Offline Services provided by ADEM will be subject to a separate contractual arrangement between you and ADEM.

Discontinuation of the Website

We may decide to discontinue the Services in response to unforeseen circumstances beyond our control or to comply with a legal requirement.

Services “AS IS”

At ADEM, we strive to provide great value to our clients, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, ADEM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES ADVERTISED ON OR PROVIDED THROUGH THE WEBSITE. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR ADEMS’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES ADVERTISED ON OR PROVIDED THROUGH THE WEBSITE. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, ADEM WON’T BE LIABLE FOR:

i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR

ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT ADEM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES ADVERTISED ON OR PROVIDED THROUGH THE WEBSITE FOR ANY COMMERCIAL OR BUSINESS PURPOSE, ADEM WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. ADEM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE.

Resolving Disputes

You and ADEM agree that any judicial proceeding to resolve claims relating to these Terms will be brought in the federal or state courts of Arapahoe County, Colorado. Both you and ADEM consent to venue and personal jurisdiction in such courts. If you reside in a jurisdiction with laws that give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements.

Governing Law

These Terms will be governed by the laws of the State of Colorado, without application of its conflicts of laws principles. However, some jurisdictions have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and ADEM with respect to the Services and the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms do not create any third-party beneficiary rights.

Waiver, Severability & Assignment

Any failure by us to enforce a provision of these Terms is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. ADEM may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of ADEM.

Modifications

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or