Last Updated: August 26, 2025
IMPORTANT – PLEASE READ CAREFULLY. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND MANDATORY ARBITRATION (SEE SECTIONS 9, 10, AND 11). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The use of www.nickdanconsulting.com (including all subdomains, collectively, the “Website”), owned and operated by Nick Dan Consulting, LLC (“Nick Dan Consulting,” “we,” “us,” or “our”), is governed by the policies, terms, and conditions set forth below (the “Terms”). We provide the Website and related services, products, content, and consulting offerings (the “Services”) to you, conditioned upon your acceptance of all terms and policies contained herein.
By accessing, using, or purchasing from our Website, you (“you,” “your,” or “your nonprofit”) represent that you have the authority to enter into this Agreement individually or on behalf of your organization, and you agree to be legally bound by these Terms. If you do not agree, you must leave the Website immediately.
These Terms, together with our Privacy Policy, form the entire agreement between you and Nick Dan Consulting regarding use of the Website and Services.
1. ELIGIBILITY
1.1 The Website and Services are intended for nonprofit leaders, adults over the age of eighteen (18), or the legal age of majority in your jurisdiction, whichever is greater. By using the Website, you represent that you meet these requirements.
1.2 If you are accessing or using the Website on behalf of a nonprofit or organization, you represent and warrant that you are authorized to bind that organization to these Terms.
2. WEBSITE USER CONDUCT AND RESTRICTIONS
2.1 All content on the Website is protected by U.S. and international copyright, trademark, and intellectual property laws, including text, graphics, frameworks, templates, strategies, methods, icons, photographs, videos, and downloadable materials.
2.2 You may not, without prior written consent from Nick Dan Consulting:
Copy, reproduce, republish, upload, post, transmit, or distribute Website content.
Reverse engineer, decompile, disassemble, or attempt to obtain the source code.
Use automated tools (robots, spiders, scraping scripts) to access, copy, or monitor the Website.
Register domain names, metatags, hashtags, or trademarks that are confusingly similar to ours.
Exploit, transfer, rent, sell, or publicly display any of our intellectual property.
2.3 Subject to strict compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for your nonprofit’s internal purposes only.
3. PRIVACY POLICY
Your submission of personal information through the Website is governed by our Privacy Policy, available at https://www.nickdanconsulting.com/privacy-policy, which is incorporated into these Terms by reference.
4. PROHIBITED USES
You agree not to:
Use the Website for unlawful, harmful, fraudulent, or misleading purposes.
Infringe upon our intellectual property or that of any third party.
Upload viruses, malicious code, or attempt to hack or disrupt the Website.
Send spam, unsolicited communications, or defamatory/offensive content.
Collect or track personal information of others without consent.
Violations may result in termination of your access, legal action, and damages.
5. PAYMENTS AND FEES
5.1 All fees for paid Services are listed on invoices, proposals, or offers delivered by Nick Dan Consulting. Payments must be made through Stripe or another processor designated by us.
5.2 No Refunds. All payments are non-refundable unless expressly stated otherwise in writing.
5.3 Late payments may result in suspension of Services and incur additional charges or legal fees for collection.
6. TESTIMONIALS, FEEDBACK, AND MEDIA
Any testimonial, feedback, case study, media participation, or content you voluntarily provide may be used by Nick Dan Consulting in marketing, case studies, training, or promotional materials. By submitting or participating, you grant us a perpetual, royalty-free license to use such content worldwide, unless you opt out in writing.
7. DISCLAIMER – NO GUARANTEES
7.1 Every nonprofit is unique, with varying donor bases, operations, and capacities. Results will vary.
7.2 Nick Dan Consulting makes no guarantees, warranties, or promises regarding your nonprofit’s revenue, fundraising, or growth outcomes. Projections, strategies, or assessments are for educational purposes only and are not financial guarantees.
7.3 We do not provide tax, legal, or investment advice. You are responsible for consulting appropriate professionals.
8. INTELLECTUAL PROPERTY AND LICENSE
All frameworks, methods, strategies, templates, and materials provided are proprietary to Nick Dan Consulting and licensed to you strictly for internal organizational use. Reproduction, teaching, distribution, or adaptation without our written consent is prohibited.
9. DISCLAIMERS OF WARRANTIES
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee uninterrupted access, error-free performance, or that defects will be corrected.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
Nick Dan Consulting shall not be liable for indirect, incidental, special, punitive, or consequential damages (including lost profits, data, or business opportunities).
Our total liability shall not exceed the greater of $1,000 USD or the total fees paid by you in the one (1) month immediately preceding the event.
Certain jurisdictions may not allow limitations; in such cases, our liability is limited to the maximum permitted by law.
11. DISPUTE RESOLUTION & ARBITRATION
11.1 Informal Resolution. You must first attempt to resolve any dispute by contacting info@nickdanconsulting.com within 30 days.
11.2 Binding Arbitration. If unresolved, disputes shall be settled by binding arbitration under the Commercial Rules of the American Arbitration Association (AAA), before a single arbitrator in California.
11.3 Class Action Waiver. All claims must be brought individually. You waive any right to participate in a class or collective action.
11.4 Arbitration decisions are final and enforceable in any court of competent jurisdiction.
12. TERMINATION
We may suspend or terminate your access if you violate these Terms. Sections regarding intellectual property, disclaimers, limitations of liability, arbitration, and indemnification survive termination.
13. INDEMNIFICATION
You agree to indemnify and hold harmless Nick Dan Consulting, its affiliates, officers, employees, and contractors from claims, damages, or expenses arising out of your use of the Website, your violation of these Terms, or infringement of third-party rights.
14. GOVERNING LAW & VENUE
These Terms are governed by the laws of the State of California. Any disputes not subject to arbitration shall be brought exclusively in the courts of Shasta County, California.
15. FORCE MAJEURE
We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, government actions, strikes, pandemics, or internet outages.
16. ENTIRE AGREEMENT & AMENDMENTS
These Terms, together with our Privacy Policy, represent the entire agreement. We may update or modify these Terms at any time by posting changes on the Website. Continued use constitutes acceptance of changes.
17. CONTACT
Nick Dan Consulting, LLC
2205 Hilltop Dr #1014
Redding, CA 96002
Email: info@nickdanconsulting.com
