1. Definition of Terms
Please note: The terms "we" and "us" refer to National Nonprofits, LLC, a limited liability corporation. NationalNonprofits.org refers to the website we offer and all related online services.
2. Eligibility to Use Our Services
- To access or use NationalNonprofits.org, (a) You must be 13 years of age or older and, if under 18 or the age of majority in your jurisdiction, your use of NationalNonprofits.org must be under the supervision of a parent or guardian or other responsible adult and (b) you, or (where applicable) the adult supervising your use of NationalNonprofits.org, must have the power and authority to enter into these Terms.
- Except for an employer’s authorized use of a Free Employer Account, or as otherwise approved by us, NationalNonprofits.org is for your personal, non-commercial use.
- If you are an employer using NationalNonprofits.org to post job listings, you must be a nonprofit or community organization, a social enterprise, a government agency (other than a military or intelligence agency), or a business that provides services to nonprofits or government agencies such as a recruiting firm or consultant or vendor.
- You may not use NationalNonprofits.org if we have terminated your account or banned you.
3. Account Requirements
In order for you to create an account on NationalNonprofits.org, we require that you provide a valid email address and set up a password. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Other registration requirements may also apply. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancelation or suspension by NationalNonprofits.org at any time.
Social Sign Up and Sign In
You may be able to register an account and subsequently access NationalNonprofits.org through a social networking site, such as Facebook or Google+ ("Social Networking Site"). If you access NationalNonprofits.org through a Social Networking Site you agree that we may access, make available to NationalNonprofits.org, and store (if applicable) any basic personal information that you have provided to your Social Networking Site account so that it is available on NationalNonprofits.org via your account page.
Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
4. Use of This Site
You represent and warrant that you will use NationalNonprofits.org solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on NationalNonprofits.org ("Your Content"). You understand that you may expose yourself to liability if Your Content or other use of NationalNonprofits.org violates applicable law or any third-party right.
You agree that you will not:
- Impersonate another person, or his or her email address, or misrepresent your affiliation with an employer;
- Create user accounts under false or fraudulent pretenses;
- Create or use an account for anyone other than yourself;
- Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
- Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;
- Post Content that is defamatory, libelous, or fraudulent;
- Post Content that you know to be false or misleading;
- Act in a manner that is threatening, racist or bigoted, or is otherwise objectionable (as determined by NationalNonprofits.org);
- Promote, endorse or further illegal activities;
- Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
- Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
- Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
- Solicit personally identifying information from minors;
- Except as expressly approved by us, use NationalNonprofits.org for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Imply a NationalNonprofits.org endorsement or partnership of any kind without our express written permission;
- Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
- Introduce software or automated agents to NationalNonprofits.org, or access NationalNonprofits.org so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from NationalNonprofits.org without our express written permission;
- “Frame” or “mirror” or otherwise incorporate part of NationalNonprofits.org into any website, or “deep-link” to any portion of NationalNonprofits.org without our express written permission:
- Copy, modify or create derivative works of NationalNonprofits.org (including NationalNonprofits.org Content) without our express written permission;
- Copy or use the information, content, or data on NationalNonprofits.org in connection with a competitive service (as determined by NationalNonprofits.org);
- Sell, resell, rent, lease, loan, trade or otherwise monetize access to NationalNonprofits.org or any NationalNonprofits.org Content without our express written permission;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of NationalNonprofits.org;
- Interfere with, disrupt, or create an undue burden on NationalNonprofits.org or the networks or services connected to NationalNonprofits.org;
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to NationalNonprofits.org;
- Attempt to circumvent any security feature of NationalNonprofits.org;
- Expose NationalNonprofits.org or our users to any harm or liability.
Links to Third-Party Websites
NationalNonprofits.org may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave NationalNonprofits.org, our terms and policies do not govern your use of third-party websites.
Applying for Jobs
Some of our job postings allow you to complete and submit your application on NationalNonprofits.org. We provide this service by working directly with an employer or by searching the Internet for the best contact information we can find for an employer. When you click the "Apply" button to submit an application on NationalNonprofits.org, we send your application to the most appropriate contact information we have on file for that employer. While we strive to make this service the best it can be, employer websites are not controlled by NationalNonprofits.org, and we cannot guarantee that your application will be properly received and logged by the third-party employer website upon transmission. If you have any reason to think your application was not received by an employer, please contact them directly to confirm.
Employers Posting Jobs
You may not post any job listing that:
- Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
- Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
- Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling);
- Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
- Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit job ads;
- Contains multiple job openings in a single job ad (unless you've purchased a service that permits this);
- Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in NationalNonprofits.org's reasonable discretion.
National Nonprofits cannot guarantee that any listing posted on the site will generate a response from our users.
5. Third-Party Content
Content from other users, employers, and other third parties is made available to you through NationalNonprofits.org. ("Content") refers to any information, company videos, job listings, employer profile information, resumes, messages, text, files, images, photos, works of authorship, email, data or other materials you find on NationalNonprofits.org.
Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including information about third-party products and services, job listings, or the employer information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.
In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on NationalNonprofits.org. We allow users to post content for employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, 1099 (or equivalent).
6. Rights to Your Content
We do not claim ownership in any Content that you submit to NationalNonprofits.org, but to be able to legally provide NationalNonprofits.org to our users, we must have certain rights to use such Content in connection with National Nonprofits, as set forth below.
- By submitting any Content to National Nonprofits, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world.
- To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to National Nonprofits's exercise of the foregoing license.
- No compensation will be paid with respect to the Content that you post through NationalNonprofits.org.
- You should only submit Content to NationalNonprofits.org that you are comfortable sharing with others under the terms and conditions of these Terms.
- NationalNonprofits.org and our users own and retain all proprietary (including all intellectual property) rights in the Content we each provide and National Nonprofits owns and retains all property rights in NationalNonprofits.org.
- If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from NationalNonprofits.org solely for your personal use in connection with using NationalNonprofits.org.
- Except as provided in the foregoing, you agree not to: (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on NationalNonprofits.org or the Content (excluding Your Content); or (b) rent, lease, loan, or sell access to NationalNonprofits.org.
When you post a paid job listing or select a plan, you have the opportunity to review and accept the fees that you will be charged. Fees may change from time to time without notice. All fees are quoted in U.S. dollars. You are responsible for paying all fees and applicable taxes associated with NationalNonprofits.org in a timely manner with a valid payment method.
8. Appropriate Content and Enforcement
While National Nonprofits has no obligation to do so, we reserve the right to review and delete (or modify) any Content that we believe, in our sole discretion, violates these Terms or other applicable policies posted on NationalNonprofits.org, or that we deem, in our sole discretion, inappropriate. If you see any Content on NationalNonprofits.org that you believe violates our policies, please Contact Us. Once notified, we will review the Content and consider whether to remove or modify it.
Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
Investigation and Remediation
While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content from NationalNonprofits.org (or modifying it); suspending your rights to use NationalNonprofits.org; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
The trademarks, logos and service marks ("Marks") displayed on NationalNonprofits.org are our property or the property of third parties (employers and associated organizations). You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, "National Nonprofits") harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or otherwise arising from your use of NationalNonprofits.org, including due to or arising from your breach of any provision of these Terms.
11. Disclaimers and Limitation on Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited. You are solely responsible for your interactions with employers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of NationalNonprofits.org.
We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on NationalNonprofits.org, whether caused by users or by any of the equipment or programming associated with or utilized in NationalNonprofits.org.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users.
We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on NationalNonprofits.org or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with National Nonprofits.
Under no circumstances shall we be responsible for any loss or damage resulting from use of NationalNonprofits.org or from any Content posted on NationalNonprofits.org or transmitted to users, or any interactions between users of NationalNonprofits.org, whether online or offline.
NationalNonprofits.org is provided "as-is" and as available.
We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) NationalNonprofits.org will meet your requirements; (2) NationalNonprofits.org will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of NationalNonprofits.org will be accurate or reliable.
You hereby release the National Nonprofits, LLC from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) any interactions with other users of NationalNonprofits.org, or (2) your participation in any of our offline events.
In no event shall National Nonprofits be liable to you or any third party for any losses arising from your use of NationalNonprofits.org.
These Terms remain in effect while you use NationalNonprofits.org and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of NationalNonprofits.org, without notice to you, if we believe that you have violated these Terms. All provisions of these Terms shall survive termination or expiration of these Terms except those granting access to or use of NationalNonprofits.org. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
13. Dispute Resolution
Any and all disputes arising from NationalNonprofits.org will be handled by Arbitration on an individual basis. Class arbitrations and Class Actions are not permitted.
This Agreement and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under this Agreement or your access to or use of NationalNonprofits.org, shall be governed by the laws of the State of Colorado without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. For any claim, dispute, or other legal proceeding not subject to the "Agreement to Arbitrate" provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Jefferson County, Colorado or the federal courts in Denver, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
Agreement to Arbitrate
You and NationalNonprofits.org each agree that any and all disputes between consumer users of NationalNonprofits.org and National Nonprofits arising under or related in any way to this Agreement and such users’ use of NationalNonprofits.org must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.
Notice of Dispute
If any party intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to National Nonprofits should be sent to National Nonprofits 712 H Street NE Suite 1220Washington, DC 20002. If you have an account on NationalNonprofits.org, notice to you will be sent to the email address associated with your account.
The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If National Nonprofits and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or National Nonprofits may commence formal proceeding.
These Terms constitute the entire agreement between you and us regarding the use of NationalNonprofits.org and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. In addition:
- You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement.
- Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.
- If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- To the extent allowed by law, this Agreement is binding.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with National Nonprofits's prior written consent, but may be assigned or transferred by us without restriction.
- Any attempted assignment by you shall violate these Terms and be void.
15. Changes to Terms
We may revise these Terms from time to time by posting an updated version on NationalNonprofits.org. Your continued use of NationalNonprofits.org is subject to the most current effective version of these Terms.