Terms of Use

Last Updated August 27, 2019

 

Welcome to MoneyMinder®, an online suite of accounting, budgeting, and finance management tools designed especially for volunteer-run nonprofits, and provided to you by NonProfit Central Inc. These Terms of Use explain our obligations as a service provider, and your obligations as a user of our services. Please read them carefully.

 

Acceptance of Terms

Please read these Terms of Use carefully before using our software services, including MoneyMinder, BudgetBuilder, MemberTracker, Website Builder, and all other services provided on our website, www.moneyminder.com (collectively and individually, the “Services”). These Terms set forth the legally binding terms and conditions for your use of the Services. By using the Services in any manner, you accept and agree to be bound and abide by these Terms and our Privacy Policy, available at www.moneyminder.com/privacy and incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, please refrain from accessing or using the Services.

 

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.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide is correct, current, and complete. You agree that all information you provide to register with NonProfit Central Inc. is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any account, username, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Grant of License

We grant subscribers and authorized guests of subscribers the right to access and use the Services. This right is non-exclusive, non-transferable, and limited by and subject to these Terms of Use. By accessing the Services, you acknowledge and agree that you have read and understood these Terms, that you have the authority to agree to these Terms and to bind the person or entity on whose behalf you act, and that you are authorized to use the Services and to access the information and data that you input into our software.

 

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.

 

User Obligations

As a condition of these Terms, when accessing and using the Services, you must:

  1. 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).
  2. 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.
  3. Assume full responsibility for the truth, accuracy, management, and backup of all data and information you enter into the software, including all contact lists.
  4. Not attempt to undermine the security or integrity of NonProfit Central Inc.’s software systems or networks.
  5. 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.
  6. Not attempt to gain unauthorized access to any information or materials other than those to which you have been given express permission to access.
  7. 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.
  8. 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.
  9. 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.

  1. 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.
  2. 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.
  3. 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.

 

Confidentiality

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.

 

Intellectual Property

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.

 

No Warranties

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.

 

Termination

Trial Periods

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 various levels of membership, including free, monthly, and annual plans. Should you wish to terminate your account prior to the end of your subscription period, you may do so by contacting NonProfit Central Inc. at info@moneyminder.com in writing thirty (30) days in advance of your intended cancellation. NonProfit Central Inc. is not obligated to provide any refund for any remaining prepaid period for a prepaid subscription.

 

Breach

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:

  1. Terminate this agreement and your use of the Services and the moneyminder.com website;
  2. Suspend your use of the Services and the website for any definite or indefinite period of time; and/or
  3. Suspend or terminate access to all or any user data.

 

Entire Agreement

These Terms, together with our Privacy Policy, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and NonProfit Central Inc. relating to the Services.

 

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.

 

Notices

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 info@moneyminder.com.  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.