Last Updated August 27, 2019
Acceptance of Terms
Accessing the Services and Account Security
We at NonProfit Central Inc. will do our best to ensure that the Services are operational at all times, except for periodic down times relating to updates and maintenance. We will not be liable if for any reason www.moneyminder.com is unavailable at any time or for any period. We cannot be held responsible for Internet outages, faulty connections, or other connectivity issues beyond our control.
Grant of License
NOT PROFESSIONAL ADVICE
WE ARE NOT YOUR ACCOUNTANT AND USE OF THE SERVICES DOES NOT CONSTITUTE THE RECEIPT OF ACCOUNTING ADVICE.
You remain solely responsible for complying with all applicable accounting, tax, and other laws. While we may provide tax forms and guidance, we are not responsible for any errors in your tax form selection, data, inputted information, calculations, or conclusions. If you have any accounting questions, please contact an accountant.
Please also note that we do not file or transmit any documents or forms to the Internal Revenue Service or to any other federal, state, or local agency on your behalf. You remain solely responsible for the accurate and timely filing of all forms.
Subscribers and Guest Users
“Subscriber” refers to the individual who registers for the Services on the www.moneyminder.com website. Subscribers are generally Treasurers of nonprofit organizations, but may be any individual within the organization who completes registration on behalf of the entity. NonProfit Central Inc. does not independently verify or authenticate user identities, positions, or status within any organization. Organizations are solely responsible for determining whom within their entity will subscribe to the Services and who will be granted access to the Services. All users, including authorized guests, are bound by these Terms.
As a condition of these Terms, when accessing and using the Services, you must:
- Only use the Service and moneyminder.com website for lawful business purposes, in accordance with these Terms, and not for consumer use (i.e., use for personal, family or household purposes).
- Ensure that all usernames and passwords required to access the Services are kept secure and confidential, and immediately notify NonProfit Central Inc. of any unauthorized use of your passwords or any other breach of security.
- Assume full responsibility for the truth, accuracy, management, and backup of all data and information you enter into the software, including all contact lists.
- Not attempt to undermine the security or integrity of NonProfit Central Inc.’s software systems or networks.
- Not use, or misuse, the Services in any way that may impair the functionality of the Services or the moneyminder.com website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or website.
- Not attempt to gain unauthorized access to any information or materials other than those to which you have been given express permission to access.
- Not transmit, or input into the website, any files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use.
- Not post or transmit any advertisements, solicitations, chain letters, investment opportunities, other schemes, or any unsolicited commercial communication through the Services or the website, and not engage in spamming or flooding of any kind to any members of your or any other organization’s contact lists.
- Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any software, code, or programs used to deliver the Services or to operate the moneyminder.com website.
Use of Third-Party Services
We often use third-party products and services for functions such as online payment processing, data syncing, credit reporting or monitoring, billing, data storage and management, information services, and collection and preparation of third-party forms and publications. NonProfit Central Inc. is not affiliated with and does not control any third-party products or services, nor do we endorse any third-party products or services. As such, NonProfit Central Inc. is not responsible for third-party products and services. Any and all liability arising out of your use of the third-party products and services (if any) is solely between you and the providers.
The following provisions apply to your use of third-party products and services, including, but not limited to: Yodlee, Square, PayStand, Paypal, and any other third-party products and services that we may add in our discretion from time to time.
- You are solely responsible for your relationship with third parties. If you decide to use or access any third-party products and services, you acknowledge and agree that: (i) you are responsible for complying with all third-party terms and any requirements imposed by any third-party providers, (ii) unless we notify you otherwise, you are solely responsible for payment of any applicable charges or fees, and (iii) you will not use the third-party products and services in a manner that infringes or violates the rights of us or any other third party, or for any criminal, fraudulent, or other unlawful activity.
- You may be required to create additional credentials in order to use or access third-party products or services. If you access third-party products or services from within the Services, then you grant NonProfit Central Inc. permission to store your credentials for the third-party products and services, and you expressly appoint NonProfit Central Inc. as your agent with all necessary rights to use your credentials on your behalf and to collect, send, receive, retrieve, process, and store information from these products and services. You agree to let NonProfit Central Inc. interact with third-party products and services for you.
- The data contained in third-party products and services may not always be up to date. The latest data may not always be reflected on the www.moneyminder.com website or in the Services. You agree that in cases of important data, or where you require the most up-to-date information (such as financial transactions, bank records, or other important decisions), you will consult the provider of the information directly. If you note a discrepancy between data viewed via our Services, the third-party products and services, or the source of the data, please check with the source. NonProfit Central Inc. does not monitor and has no obligation to monitor any of your content or other data that is stored, inputted, or processed to the website or Services.
Use of the Services may involve the uploading and sharing of sensitive data and financial information. NonProfit Central Inc. will preserve the confidentiality of all Confidential Information obtained in connection with these Terms and will not disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms. For the purposes of this agreement, "Confidential Information" includes all information provided or inputted by you to the www.moneyminder.com website or Services, but does not include information that is, or becomes, publicly available.
The website at www.moneyminder.com and all original content, features, tools, names, user interfaces, code, and functionality provided in connection with the website, including each of the Services, are owned by NonProfit Central Inc. and are protected by United States copyright, trademark, trade secret and other intellectual property or proprietary rights laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without the prior written consent of NonProfit Central Inc.
Ownership of User Data
Title to, and all intellectual property rights in, data and information inputted by any user remain the property of that user. NonProfit Central Inc. is granted a license to use, copy, transmit, store, and backup user information and data for the purposes of enabling our users to access and use the Services and for any other purpose related to the provision of the Services.
Backup of Data
We highly recommend that you back up copies of all data inputted into the Services. NonProfit Central Inc. adheres to best practice policies and procedures to prevent data loss, but does not make any guarantees that there will be no loss of data. NonProfit Central Inc. expressly excludes liability for any loss of data, no matter how caused.
NONPROFIT CENTRAL INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
To the maximum extent permitted by law, NonProfit Central Inc. excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, data, profits, and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Services or www.moneyminder.com website. If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms in accordance with Paragraph 13.
When you first sign up for access to the Services, you may be offered the opportunity to evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If you choose not to continue using the Services, you may delete your account and terminate the Services without charge.
Subscriptions and Fees
Should you wish to subscribe to the Services, you will choose a subscription option that best fits your needs. We offer both a free and an annual plan. Should you wish not to renew your account, you may do so by contacting NonProfit Central Inc. at [email protected] NonProfit Central Inc. does not provide refunds for unused portions of subscriptions.
In the event that you or any authorized user on your account breach any of these Terms or fail to make any payments owed in connection with your use of the Services, NonProfit Central Inc. may take any or all of the following actions, at its sole discretion:
- Terminate this agreement and your use of the Services and the moneyminder.com website;
- Suspend your use of the Services and the website for any definite or indefinite period of time; and/or
- Suspend or terminate access to all or any user data.
Governing Law and Jurisdiction
All matters relating to the Services and to these Terms, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without giving effect to any choice or conflict of law provision or rule. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Whatcom County, Washington or federal court for Washington.
Any notice given under these Terms to you by NonProfit Central Inc. will be sent to the email address provided by the Subscriber when setting up access to the Services, and will be deemed to have been given upon transmission.
Dispute Resolution Process
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting NonProfit Central Inc. directly. In the event that we are unable to resolve a complaint you may have to your satisfaction, we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any and all disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to NonProfit Central Inc. at [email protected] Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules. You agree with NonProfit Central Inc. that the decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Dispute Resolution Process shall survive expiration, termination or rescission of these Terms and of your use of the Services.