TERMS AND CONDITIONS
Last Updated on January 1, 2023
The following terms apply to NPO App Inc., a Georgia corporation (“NPO App”, “us, “our”, or “we”).
The terms “You”, “Your”, or “User” shall refer to any individual, entity, organization or company who accepts these terms of use (“Terms and Conditions”). If you are using the Services on behalf of a legal entity, You represent that You are authorized to enter into an agreement on behalf of that legal entity. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
You agree to be bound by the Terms and Conditions by doing any of the following:
IMPORTANT – READ CAREFULLY
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY ARE A LEGAL AGREEMENT BETWEEN YOU AND NPO APP AND THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
By accessing and using the Website or the Services or any part of the Services, You and/or the entity or company that you represent confirm that You have fully read, understand, acknowledge, and agree to be bound by the following Terms and Conditions as well as the Acceptable Use Policy contained herein. The Services are offered by NPO App subject to Your acceptance, without modification, of all of the Terms and Conditions contained herein and all other addendum, operating rules, policies and procedures that may be published from time to time through the Website or the Services by NPO App.
You acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You may not use the Website or the Services and You may not accept these Terms and Conditions if You are not of legal age to form a binding contract with NPO App.
IF YOU DO NOT AGREE TO THE AND CONDITIONS, DO NOT ACCESS AND/OR USE THE WEBSITE OR THE SERVICES. If You do not agree to these Terms and Conditions, You may not use the Website or the Services. ANY USE OF THE WEBSITE OR THE SERVICES IN VIOLATION OF THESE TERMS AND CONDITIONS MAY RESULT IN TERMINATION OR SUSPENSION OF YOUR PERMISSION TO ACCESS OR USE THE WEBSITE OR SERVICES.
We reserve the right, in our sole discretion, to modify or replace any of these Terms and Conditions (“Updated Terms”) from time to time. We will make reasonable efforts to provide You with notice if the Updated Terms contain any material and substantive changes to Your use of the Website or the Services. You agree that we may notify You of the Updated Terms by posting them on the Website or the Services, and that Your use of the Services after effective date of the Updated Terms (or by engaging in such other conduct as we may reasonably specify) constitutes Your agreement to the Updated Terms.
If You, or the entity or company you represent, disagree with any of the Updated Terms, You should immediately cease using the Website and the Services and cancel your account. Your continued use of the Website and the Services following the Updated Terms constitutes acceptance of those changes. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to Your use of the the Website and the Services from that point forward. These Terms and Conditions will govern any disputes arising before the effective date of the Updated Terms and Conditions.
The Services are a subscription-based platform for nonprofit organizations, including but not limited to, program and activity management, event ticketing and payment processing, donations and payment processing, surveys and evaluations, contact management, client management, calendar, content repository, nonprofit campaigns, help desk and project and task management. Certain of these Services are available at no charge (see Free Account described below).
Subject to these Terms and Conditions and if You have purchased a subscription with NPO App (if you are utilizing NPO App’s paid Services; Paid Subscription Account discussed below) upon payment of all applicable subscription fees, You have a limited, non-exclusive, non-transferable, non-sublicensable access to use the Services for these purposes. This license is personal to You and You will not use the Services for any direct commercial purpose such as selling access to the Services.
When You buy a subscription with NPO App, NPO App requires you to register to use the Services. You hereby acknowledge that when you complete the registration process or otherwise use the Services in such a manner as permitted by NPO App, you will have two types of accounts: (1) an administration account (“Admin Account”); and (2) an account for each individual staff member of the organization that uses the Services (“User Account”) (“Admin Account” and “User Account” are collectively referred to as “Paid Subscription Account”). You represent and warrant that you meet all the requirements under these Terms and Conditions and are in full compliance with applicable laws. Please keep your Paid Subscription Account and password information private. You agree to notify NPO App immediately if your password or Paid Subscription Account is used without authorization or in the case of any other security incident, and except for otherwise stipulated laws, You agree and acknowledge that NPO App will not be liable for any direct or indirect loss or damages caused under such circumstance.
Unless allowed under applicable laws or judicial rulings and expressly approved by NPO App, your Paid Subscription Account name and password may not be assigned, bestowed or inherited in any manner. You agree to immediately notify NPO App of any unauthorized use of Your password or Paid Subscription Account or any breach of security.
You are responsible for and NPO App will hold you responsible for any activities that occur under your Paid Subscription Account.
NPO App requires you to register to use the free services (“Free Services”) offered by NPO App. You hereby acknowledge that when you complete the registration process or otherwise use the Free Services in such a manner as permitted by NPO App, you will have a free account (“Free Account”) with NPO App. You represent and warrant that you meet all the requirements under these Terms and Conditions and are in full compliance with applicable laws. Please keep your Free Account and password information private. You agree to notify NPO App immediately if your password or Free Account is used without authorization or in the case of any other security incident, and except for otherwise stipulated laws, You agree and acknowledge that NPO App will not be liable for any direct or indirect loss or damages caused under such circumstance.
Unless allowed under applicable laws or judicial rulings and expressly approved by NPO App, your Free Account name and password may not be assigned, bestowed or inherited in any manner. You agree to immediately notify NPO App of any unauthorized use of Your password or Free Account or any breach of security.
You are responsible for and NPO App will hold you responsible for any activities that occur under your Free Account.
Paid Subscription Account and Free Account are collectively referred to as “Account”.
NPO App may change, suspend or discontinue any aspect of the Services at any time. NPO App may also impose limits on certain features and Services or restrict Your access to parts or all of the Services without notice. You agree that NPO App will not be liable to you or any third party as a result of Your access to the Services. Once your Account is terminated, you acknowledge and agree that NPO App may permanently delete Your Account and all data associated with it.
You represent and warrant that if You are an individual, You are at least 18 years old. If You are under 18 years old, You may only use the Services under the supervision of a parent or legal guardian who manages Your use and/or Account.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and access the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
All trademarks, service marks, and trade names on the Website, including the NPO App marks (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, NPO App or other owners that have granted NPO App the right and license to use such Marks. NPO App owns all rights, title, and interest in the Website and Services, all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design, and organization of the Website and Services, and the compilation of the content, code, data, and materials on the Website and Services, including all intellectual property and proprietary rights (collectively, the “Content”). The Website, Services, and Content are copyrighted and are the property of NPO App. NPO App may change the Website or Services or delete Content or features at any time, in any way, for any or no reason.
Except as NPO App specifically agrees in writing, no Content from the Website may be used, reproduced, transmitted, distributed, or otherwise exploited in any way other than as part of the Website.
NPO App shall be the sole and exclusive owner of the Services, Website, and Content, all new versions, improvements, enhancements, additions, and modifications to the Services, Website, or Content, all copyright, patent, trade secret, trademark, and other intellectual property rights related to the Services, Website, and Content, and all tangible media on which the Services, Website, and Content are maintained. You shall have no claim or right whatsoever with respect to the Services, Website, or Content except for the limited license to use the Services, Website, and Content granted herein. You may not sell, license, rent, distribute, reproduce, transmit, adapt, edit, copy, modify, transfer, or make any derivative works of all or any part of the Services, Website, or Content, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted hereunder. If You undertake any such prohibited action, Your license shall be automatically terminated. You may, however, print or download a reasonable number of copies of the materials or Content provided as part of the Services for Your own informational, non-commercial purposes; provided that You retain all copyright and other proprietary notices contained therein.
NPO App acknowledges and agrees that the intellectual property rights with respect to the Your generated content belongs solely to You. (See below for description of User Generated Content).
Use of Content for any purpose not expressly permitted in These Terms and Conditions is prohibited. Any rights not expressly granted herein are reserved.
You understand that NPO App may, and agree to authorize NPO App to, use Your name, trademark and logo in advertising and promotional materials, but only for the purpose of showing that You are NPO App’s customer, client or partner, and to the extent permitted by applicable laws and policies.
You represent and warrant (i) that Your use of the Services will comply with all applicable laws and regulations (including with respect to privacy, cyber security and data protection), (ii) no content (such as documents, discussions, data, information, trademarks/logos, etc.) You submit to the Services (“Your Content”) will infringe or otherwise violate any third-party intellectual property rights or any applicable laws or regulations, and (iii) Your use of the Services will not conflict with any obligations You have to any third party.
NPO App reserves the right to remove any of Your Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content or upon the request by You), or for no reason at all.
You represent and warrant to NPO APP that: (i) You and Your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, “Licenses and Permits”) with respect to events hosted by You or Your affiliates on the Services and You shall maintain all Licenses and Permits in force throughout the term of access to the Services for the event; (ii) You and Your affiliates will comply, and will ensure that the venues for each event hosted by You or Your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances. You agree to provide evidence of Licenses and Permits and related information prior to offering tickets or registrations for events if required by the Services from time to time and/or promptly upon request from NPO App.
NPO App may allow You to contact your customers, donors, contact, clients, other users of the Services, or third parties via email (the “Email Tools”) pursuant to the rules herein and as provided to You as part of the Services. If You violate any of these rules or if Your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if Your emails cause disruption to the Services, NPO App may (without limitation of any other legal or contractual remedies it has) limit or suspend Your access to the Email Tools. If you use Email Tools, You represent and agree that:
“User Data” shall mean all information collected by NPO App from any user (donor) who makes an online contribution designated for You via NPO App. “Individually Identifiable User Data” shall mean that subset of “User Data” which can be reasonably used to identify a specific individual, such as name, address and/or phone number. Except as provided herein, all User Data shall be deemed to be jointly owned by NPO App, and You. Without the express permission of the User, NPO App shall not sell or rent the Individually Identifiable User Data to any third party. NPO App may transfer or disclose Identifiable User Data to third party service providers as needed in order to provide services to NPO App, and in such cases, the third parties’ use of such information will be restricted solely to their roles in providing those services. NPO App may use Individually Identifiable User Data for statistical analyses and internal business purposes such as identifying fundraising trends. NPO App shall maintain and store all User Data in compliance with NPO App’s then-current privacy and security policies. Unless You have specifically informed donors of a Privacy Policy that differs from NPO App’s policy, You shall adhere to the Privacy Policy adopted by NPO App. You receive Individually Identifiable User Data simultaneously when the donor completes the donation or the event form in NPO App.
The NPO App Services or Website may allow You to upload, download, or share content with other users or persons. You shall be solely responsible for the quality and accuracy of all data You enter into the Services and Website.
NPO App does not permit You to use the Website or Services to upload, download, or share anything such as messages, posts, text, film, video, audio, photographs, or other recordings or images, or any other content (collectively, “User Generated Content” or “UGC”) that You do not have a right to use and share on the Internet.
If You upload, share or otherwise make available any UGC on NPO App’s Website or Services, You will still own the UGC (assuming You have the rights to own it or the UGC does not contain NPO App’s Marks, in which NPO App reserves all ownership rights) but You are giving NPO App and any third-party visitor of NPO App’s Website and any third party visitor using the Services, the right to use Your UGC. That means that if You send in, post, upload, make available, or disclose to NPO App in any way any UGC, You grant NPO App, our related entities and any third party, the right to use it in any way and in any medium, without getting Your permission or having to pay You for it.
If you buy a subscription with NPO App, You shall pay fees in accordance with the terms set forth in your then current subscription plan.
NPO App’s Acceptable Use Policy (the “Policy”) describes prohibited uses of the Website and Services. You shall not use the Website or the Services for any purpose that is unlawful or prohibited by these Terms and Conditions, or which infringes the rights of NPO App or others. NPO App reserves the right to remove You from any Services or Website at any time for any reason. If You violate the Policy or authorize or help others to do so, NPO App may suspend or terminate Your use of the Website or the Services.
The examples described in this Policy are not exhaustive. NPO App may modify this Policy at any time by posting a revised version on the Website.
You may not use, or encourage, promote, facilitate or instruct others to use, the Services or the Website for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
You will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of NPO App, is objectionable, or which may expose the Services, Website or their users to any harm.
You will not violate any applicable laws or regulations.
Prohibited activities or content include, but are not limited to:
Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.
Activities that may be harmful to others, NPO App’s operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
You shall not submit any information to the Website or the Services that is false, misleading or inaccurate.
You will not use the Services or the Website to offer donors goods, services, or event tickets in exchange for their donations to You.
Content that infringes or misappropriates the intellectual property or proprietary rights of others.
Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
You may not use the Services or Website to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”).
You will not restrict or inhibit any other authorized user from using and enjoying the Services and the Website.
Prohibited activities include, but are not limited to:
Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
You shall not probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services or the Website. You shall not reverse look-up, trace or seek to trace any information of any other user or visitor to the Services, or any other customer of NPO App, including any NPO App account not owned by You, to its source, or exploit the Services or any services or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Services.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure, security controls or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. NPO App reserves the right to bar any such activity.
Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.
You may not make network connections to any users, hosts, or networks unless You have permission to communicate with them. Prohibited activities include, but are not limited to:
Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
Operating network services like open proxies, open mail relays, or open recursive domain name servers.
Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.
You shall not attempt to modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense or distribute any software program or applications providing the Services or the Website.
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
When You submit Your contact information to sign up for a Free Account with NPO App, You agree and consent that NPO App may send You communications via email relating to our products, events, or recommended charities. When You submit Your organization’s contact information to sign up for a Paid Subscription Account with NPO App, You agree and consent that NPO App may send Your organization communications via email relating to our products, events, or other business information. Please contact us at support@desk.npoapp.com to opt out of receiving such communication.
By providing NPO App with a phone number, You agree that you have provided Your consent to receive informational and transactional voice and/or text messages from NPO App using an artificial or prerecorded voice, which may be sent using an automatic telephone dialing system. Data and messaging rates may apply. You further warrant to NPO App that You are the subscriber of the phone number You have provided, or that You are the customary user of the phone number You have provided. You agree to promptly notify NPO App if service for any phone number provided by You is cancelled or if Your phone number changes.
Telephone calls with NPO App may be recorded for quality and training purposes. You agree and consent to the recording of any telephone calls between You and NPO App and, further, represent and covenant that the subscriber or customary user of any phone number you have provided to us at which we may contact You, has been informed of and provided his or her consent to the foregoing call recording.
NPO App may update or otherwise modify the Services or Website at any time for any reason in NPO App’s sole discretion. NPO App may shut down the Services or Website for maintenance and development work when necessary. NPO App shall have no obligation whatsoever to customize, modify or improve the Services or Website.
The Services may permit You to link to other websites or resources on the Internet, and other websites or resources may contain links to the Services or the Website. These other websites are not under NPO App’s control, and You acknowledges that NPO App is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by NPO App. You further acknowledge and agree that NPO App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource. NPO App may delete any link, using its reasonable discretion.
From time to time, NPO App may offer certain trial and/or promotional offers. NPO App reserves the right to discontinue or modify coupons, credits, trials and promotional offers at its discretion and without notice. Any such trial or promotional offers may not be combined with other coupons, credits, trials, promotions or any other discounts, and are limited to one (1) per customer. The details of any trial or promotional offers applicable to You shall be listed on Domain Subscription page which is available to the Admin Account and/or on the Website offering the trial.
All payment information provided by You must be current, complete and accurate, and You solely responsible for updating such payment information as necessary. You hereby authorize NPO App, or its designee, from time to time, to take steps to determine whether the debit card or credit card number provided is valid. NPO App reserves the right to terminate your use of the Services and Website immediately in the event any payment information is found to be inaccurate, incomplete and/or not current at any time. NPO App shall not be responsible for any overdraft charge or other fees that may be incurred by NPO App’s use of Your debit card or credit card for payment hereunder.
You are responsible for all subscription fees for the Services, and hereby authorize NPO App or its designee to obtain payment of all such subscription fees in accordance with the payment information, as stated on the Domain Subscription page which is available to the Admin Account. You shall also be responsible for all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency EXCEPT those taxes based on NPO App’s net income. In the event You fail to satisfy your tax and/or duty obligations herein, You shall reimburse NPO App upon demand for any taxes and/or duties paid on Your behalf and shall indemnify and hold NPO App harmless against any claim and/or liability (including penalties) resulting from Your failure to pay such taxes and/or duties.
You shall be responsible for all fees and charges imposed on You by Your telephone carriers, wireless providers, and other voice and/or data transmission providers for voice and/or data transmission used by You to access and use the Services and Website.
NPO App may change subscription fees at any time. NPO App will provide You notice of any changes to Your subscription fees. IF NPO APP INCREASES THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE BEYOND THE LIMITS SET FORTH ON THE DOMAIN SUBSCRIPTION PAGE (AVAILABLE TO THE ADMIN ACCOUNT), NPO APP WILL DISCLOSE THE CHANGE AT LEAST SIXTY (60) DAYS PRIOR TO THE EFFECTIVE DATE OF THE INCREASE.
In the event that You fail to pay billed charges when due and it becomes necessary for NPO App to refer Your account(s) to a third party for collection, NPO App will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover the internal collection-related costs NPO App has incurred on such account(s) through and including the date on which NPO App refer(s) the account(s) to such third party. You expressly authorize and specifically consents to allowing NPO App and/or its outside collection agencies, outside counsel, or other agents to contact You in connection with any and all matters relating to unpaid past due charges billed by NPO App to You. You agree that, for attempts to collect unpaid past due charges, such contact may be made to any mailing address, telephone number, cellular phone number, email address, or any other electronic address that You have provided, or may provide in the future to NPO App. You agree and acknowledge that any e-mail address or any other electronic address that you provide to NPO App is Your private address and is not accessible to unauthorized third parties. For attempts to collect unpaid charges, You agree that in addition to individual persons attempting to communicate directly with You, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or other pre-set electronic messages delivered by any other automatic electronic messaging system.
Your Term shall commence and continue as stated on the Domain Subscription page which is available to the Admin Account. Typically, a Term is for twelve (12) months or as otherwise specified on the Domain Subscription page which is available to the Admin Account.
NPO App reserves the right to terminate Your use of the Services and the Website immediately if You breach any of its material obligations under these Terms and Conditions.
Upon termination of Your use of the Services and Website, You will immediately discontinue all access to and use of the Services and Website and cease to represent in any form that You are a user of the Services. NPO App will immediately disable Your account upon termination. Neither You nor NPO App shall be liable for any damages resulting from a termination; provided, however, the termination shall not affect any claim arising prior to such termination. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers and limitations of liability.
THE CONTENT, THE SERVICES, THE WEBSITE, OR ANY THIRD-PARTY WEBSITES OR SERVICES LINKED TO FROM THE WEBSITE OR THE THIRD-PARTY WEBSITES OR OTHERWISE ACCESSED BY YOU ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NPO APP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, NON-INTERFERRENCE, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE. NPO APP DOES NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NPO APP DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE WEBSITE OR THORUGH THE SERVICES. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. NPO APP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST NPO APP WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY WEBSITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to You, and You may have additional rights to those contained herein.
You are responsible for maintaining the confidentiality of Your username(s), password(s), and Your account(s), as well as all activities that occur under Your account(s). You hereby agree to indemnify, defend, and hold NPO App, payment processing partners, vendors, suppliers, licensors, licensees, distributors, representatives, and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of these Terms and Conditions or claims arising from Your use of the Services, Website, Content, and/or Your account(s). You shall use Your best efforts to cooperate with NPO App in the defense of any claim. NPO App reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NPO APP, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, GOODWILL, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, WEBSITE, OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES OR WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, DURING THE 12 MONTHS PRECEEDING THE DATE ON WHICH SUCH LIABILITY AROSE, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SERVICES OR WEBSITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL NPO APP, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS CONTAINED HEREIN AND ELSEWHERE IN THESE TERMS AND CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICES, WEBSITE, OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Services or any information provided on or through the Services except in full compliance with all applicable laws and regulations.
NPO App complies with certain export controls and economic sanctions laws. You, regardless of Your location, or the location from which You are using the Services, should familiarize Yourself with these restrictions. You represent and warrant that: (a) You will comply with all applicable laws in Your use and receipt of the Services, including any applicable export laws; (b) You are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the U.S. Department of State’s Terrorist Exclusion List; the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List; (ii) that is subject to sanctions in any other country; or (iii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.
These Terms and Conditions shall be construed in accordance with the laws of the State of Georgia, without regard to conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts in the State of Georgia.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions. You do not have any authority of any kind to bind NPO App in any respect whatsoever.
NPO App may transfer, assign or delegate these Terms and Conditions and its rights and obligations hereunder without consent.
Unless agreed to by the Parties in writing, You may not assign Your rights or delegate Your duties under these Terms and Conditions either in whole or in part, and any such attempted assignment or delegation shall be void.
NPO App may provide You notice via email, regular mail and/or postings on the Website or through the Services.
The failure of either You or NPO App in any one or more instance(s) to insist upon strict performance of any of the terms of these Terms and Conditions will not be construed as a waiver or relinquishment of the right to assert or rely upon any such term(s) on any future occasion(s).
If any provision of these Terms and Conditions is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms and Conditions and the other provisions shall remain in full force and effect and the Parties agree to comply with the remaining terms of these Terms and Conditions in a manner consistent with the original intent of these Terms and Conditions
No person or entity not a party to these Terms and Conditions will be deemed to be a third-party beneficiary of these Terms and Conditions or any provision hereof.