Last Updated: January 15, 2025
This Terms of Service Agreement (“Agreement”) governs your and your nonprofit’s use of the Nick Dan Consulting website (https://www.nickdanconsulting.com) (the “Website”) and any related services, products, or content provided by Nick Dan Consulting (“we,” “us,” or “our”). By accessing, browsing, or using our Website or any of our services, you and your nonprofit (“you,” “your,” or “your nonprofit”) agree to be legally bound by the terms and conditions contained herein. If you do not agree to all the terms of this Agreement, you must discontinue use of our Website immediately.
SECTION 1 – ACCEPTANCE OF TERMS
By using or accessing our Website, you confirm that you have read, understood, and accepted these Terms of Service, along with any and all terms, conditions, and notices contained in our Privacy Policy and any other policies or guidelines posted on the Website. Your continued use of the Website following any changes or modifications to these Terms signifies your acceptance of those changes. If you do not agree with any part of these Terms, you must cease using the Website immediately.
SECTION 2 – ELIGIBILITY AND USER RESPONSIBILITIES
(a) Eligibility: By accessing or using our Website, you represent and warrant that you have the legal capacity and authority to enter into this Agreement on behalf of yourself or your nonprofit. If you are using the Website on behalf of an organization, you represent that you are authorized to bind that organization to this Agreement.
(b) Accurate Information: You agree to provide accurate, current, and complete information when requested by the Website. You are responsible for updating and maintaining the accuracy of such information.
(c) Security and Confidentiality: You are solely responsible for maintaining the confidentiality and security of any account credentials and passwords. Any activity occurring under your account, whether authorized or unauthorized, will be deemed your responsibility. You agree to notify us immediately if you believe your account has been compromised or accessed without authorization.
SECTION 3 – PRIVACY POLICY AND DATA USAGE
Your use of our Website is also governed by our Privacy Policy, which is incorporated herein by reference. We collect, use, and disclose your personal information as described in our Privacy Policy, available at [insert link]. By using the Website, you consent to our collection and use of your data, as outlined in the Privacy Policy.
SECTION 4 – PROHIBITED CONDUCT
You agree that you will not engage in or attempt to engage in any of the following prohibited activities:
(a) Illegal or Harmful Use: Using the Website in a manner that violates any applicable laws or regulations, or engaging in fraudulent, harmful, or misleading conduct.
(b) Infringement: Infringing upon or violating the intellectual property rights of Nick Dan Consulting or any third party.
(c) Malicious Activity: Uploading or transmitting viruses, malware, spyware, or any other form of harmful or disruptive code.
(d) Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, any related systems, or any other users’ accounts.
(e) Disruption: Interfering with or disrupting the security, integrity, or performance of the Website.
Failure to comply with these terms may result in immediate suspension or termination of your access to the Website, in addition to any other remedies available to us by law.
SECTION 5 – INTELLECTUAL PROPERTY AND LICENSE GRANT
(a) Ownership: All content, materials, and intellectual property rights associated with the Website, including but not limited to text, graphics, logos, icons, images, software, and other materials, are the property of Nick Dan Consulting or our licensors. All rights are reserved.
(b) Limited License: Subject to your compliance with this Agreement, Nick Dan Consulting grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your nonprofit’s internal use only. This license does not grant you any ownership rights or interest in any of the content or intellectual property associated with the Website.
(c) Restrictions: You may not copy, modify, distribute, reproduce, republish, or create derivative works from any content found on the Website, except with our express written consent. Unauthorized use of the content may violate copyright, trademark, and other laws, and could result in civil or criminal penalties.
SECTION 6 – MODIFICATIONS TO SERVICES AND WEBSITE AVAILABILITY
(a) Right to Modify: We reserve the right to modify, update, or discontinue any portion of the Website, services, or features at any time, with or without notice. We are not liable for any modification, suspension, or discontinuance of the Website or services.
(b) Availability: While we strive to ensure that the Website is available at all times, we do not guarantee that access will be uninterrupted or error-free. From time to time, the Website may be unavailable due to scheduled maintenance, unscheduled outages, or other factors beyond our control.
SECTION 7 – PAYMENT TERMS (IF APPLICABLE)
(a) Fees and Payments: If applicable, any fees for services provided by Nick Dan Consulting are outlined on the Website or in the respective service agreements. Payments are due in accordance with the terms specified on the Website or in the service agreement. All fees are non-refundable unless otherwise stated.
(b) Late Payments: If you fail to pay any fees on time, Nick Dan Consulting reserves the right to suspend or terminate your access to services without notice. You agree to reimburse any costs incurred by Nick Dan Consulting in collecting overdue payments, including legal fees.
SECTION 8 – THIRD-PARTY SERVICES AND LINKS
The Website may contain links to third-party websites, products, or services that are not owned or controlled by Nick Dan Consulting. These links are provided for your convenience only. We are not responsible for the content, terms of service, or privacy practices of any third-party websites. By accessing or using third-party websites, you do so at your own risk, and you acknowledge that this Agreement and our Privacy Policy do not apply to those third-party services.
SECTION 9 – DISCLAIMERS OF WARRANTIES
(a) General Disclaimer: THE WEBSITE AND ALL SERVICES, INFORMATION, AND CONTENT PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) No Guarantee of Results: We do not warrant that your use of the Website will be uninterrupted, error-free, secure, or that any defects will be corrected. We do not guarantee any specific results from the use of the Website or our services.
(c) Third-Party Content: We are not responsible for the accuracy, reliability, or completeness of any content, information, or services provided by third parties through the Website.
SECTION 10 – LIMITATION OF LIABILITY
(a) Exclusion of Certain Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, NICK DAN CONSULTING, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Total Liability: IF NICK DAN CONSULTING IS FOUND LIABLE UNDER ANY LEGAL THEORY, OUR TOTAL LIABILITY TO YOU SHALL BE LIMITED TO THE GREATER OF (I) $1,000.00 OR (II) THE TOTAL AMOUNT YOU PAID TO NICK DAN CONSULTING IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
(c) Jurisdictional Exclusions: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SECTION 11 – DISPUTE RESOLUTION AND ARBITRATION
(a) Informal Resolution: Before initiating any legal proceedings, you agree to first contact us at info@nickdanconsulting.com and attempt to resolve any disputes or claims informally. We will work with you to attempt to resolve the dispute in good faith.
(b) Arbitration: Any disputes that cannot be resolved informally within 120 days shall be resolved by binding arbitration in accordance with the rules of a recognized arbitration body. Arbitration will take place on an individual basis, and you expressly waive any right to pursue or participate in any class or collective action.
(c) Exclusive Venue: For any legal action that is not subject to arbitration, you and Nick Dan Consulting agree to submit to the exclusive jurisdiction of the courts located in California. Both parties waive any objection to the venue or jurisdiction of such courts.
SECTION 12 – CONTACT INFORMATION
If you have any questions or need to reach us for any reason related to this Agreement or the services provided by Nick Dan Consulting, please contact us at:
Nick Dan Consulting
2205 Hilltop Dr #1014
Redding, California 96002
Email: info@nickdanconsulting.com
SECTION 13 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Nick Dan Consulting, its affiliates, officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Website, your violation of this Agreement, or your violation of any third-party rights, including intellectual property rights.
SECTION 14 – TERMINATION
(a) Termination by You: You may terminate this Agreement at any time by ceasing to use the Website and services.
(b) Termination by Us: We may suspend or terminate your access to the Website and services at our sole discretion if you violate any provision of this Agreement, fail to pay any fees due, or engage in any conduct that we deem harmful or potentially harmful to us, our users, or third parties.
(c) Effects of Termination: Upon termination of this Agreement, any provisions that by their nature should survive will continue in full force and effect, including but not limited to provisions regarding intellectual property rights, warranty disclaimers, limitations of liability, dispute resolution, and indemnification.
SECTION 15 – FORCE MAJEURE
Nick Dan Consulting shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, governmental acts, acts of terrorism, labor strikes, power failures, or internet service interruptions.
SECTION 16 – ASSIGNMENT AND SUCCESSORS
You may not assign, transfer, or sublicense this Agreement or any of your rights or obligations hereunder without our prior written consent. We reserve the right to assign or transfer this Agreement, in whole or in part, to any party without notice to you.
SECTION 17 – ENTIRE AGREEMENT
This Agreement, along with any policies or documents expressly referenced herein, constitutes the entire agreement between you and Nick Dan Consulting concerning your use of the Website. This Agreement supersedes any prior agreements, communications, and understandings, whether oral or written.
SECTION 18 – AMENDMENTS
We reserve the right to modify or update this Agreement at any time. Any changes will be posted on the Website, and it is your responsibility to review the updated terms. Your continued use of the Website following any updates to this Agreement constitutes your acceptance of those changes.
SECTION 19 – SEVERABILITY
If any provision of this Agreement is found to be unlawful, void, or unenforceable, the remaining provisions will continue in full force and effect. Any invalid or unenforceable provision will be modified to the extent necessary to make it enforceable while still reflecting the original intent of the parties.
SECTION 20 – NO WAIVER
No waiver by Nick Dan Consulting of any breach or default under this Agreement will be deemed a waiver of any preceding or subsequent breach or default. Any waiver must be in writing and signed by an authorized representative of Nick Dan Consulting.
