TERMS OF USE
Last updated: June 15, 2020
These terms of use (“Terms of Use”) for the Association of Nonprofit Accountants & Finance Professionals (“ANAFP”) are for the use of ANAFP’s website including collection of resources, publications, tools, materials, and email lists, hereinafter referred to as “the Service”. By using the Service, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Service. Should you object to any term or condition of these Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
Modifications
ANAFP reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. Your continued use of the Service following the posting of changes to the Terms of Use constitutes acceptance of those changes. You must review this agreement on a regular basis to keep yourself apprised of any changes.
Scope of Use
Subject to your continued acceptance of, and compliance with, these Terms of Use, you are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Service. You may view and use the Service for your personal, informational, non-commercial use and for no other purpose. Except as expressly provided in these Terms of Use, you may not reproduce, modify, display, or distribute the Service without ANAFP’s prior written consent. ANAFP reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Service at any time. ANAFP may also impose limits on certain features of the Service or restrict access to any part or all of the Service without notice or penalty.
The Service
The Service provided by ANAFP, which includes but is not limited to resources, publications, tools, materials, and email lists, is intended for educational and informational purposes. Any reproduction, display or distribution of the Service shall (i) prominently identify ANAFP as the source of the Service, (ii) include a link to these Terms of Use, and (iii) indicate to downstream recipients that the Service is licensed in accordance with these Terms of Use.
Rules of Conduct
It is a violation of these Terms of Use for you to:
(a) use the Service for illegal purposes or in violation of any applicable laws or regulations;
(b) copy, sell, resell, or exploit for commercial purposes any portion of the Service;
(c) remove, obscure, or otherwise alter any proprietary notices of the Service, including copyright, trademark, logo, and other intellectual property notices;
(d) use data from the Service to send unsolicited commercial e-mails (SPAM);
(e) use any robot, spider, or other automatic or manual process to monitor, data mine, or copy any of the Service, except as expressly permitted by ANAFP;
(f) interfere with the proper working of the Service including, but not limited to, the transmission of any virus, back door, Trojan horse, denial of service attack or other limiting routine, instruction, or design;
(g) provide any information that is not true, accurate, current, and complete when submitting information or materials to ANAFP for posting on ANAFP’s website or included in ANAFP materials and/or emails; or
(h) assist or permit any persons in engaging in any of the activities described above.
Products and Services
Any description or reference to non-ANAFP products, programs, materials or services is for informational purposes only and shall not constitute an endorsement of such products, programs, materials or services by ANAFP. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of ANAFP.
Proprietary Rights
All trademarks, service marks, and logos on the Service are the property of their respective owners. ANAFP owns various trademarks, service marks, and logos used in the Service, including without limitation, the ANAFP logo. Unauthorized use of any ANAFP (or of any third-party) trademark, service mark, or logo may violate ANAFP’s or a third party’s legal rights. You must obtain ANAFP’s written permission prior to using any trademark, service mark, or logo of ANAFP.
ANAFP and its licensors own all intellectual property rights provided by the Service, except as otherwise expressly indicated. The Service is protected by United States and international copyright laws. Any unauthorized use of the Service may violate copyright laws and other laws and regulations.
By transmitting content to ANAFP, you grant ANAFP a perpetual, irrevocable, worldwide, royalty free, assignable, sublicensable license to use, reproduce, store, modify, display, distribute, prepare derivative works based on, and transmit such content for any purpose, and you waive any and all moral rights and publicity rights in such content.
Third-Party Sites and Linking
As a convenience to users, ANAFP’s website, emails, and newsletters may contain links to websites operated by third parties (“Third-Party Sites”). The fact that ANAFP provides a link to a Third-Party Site does not mean that ANAFP endorses, authorizes, or sponsors that Third-Party Site, nor that ANAFP is affiliated with the Third-Party Site. Third-Party Sites are not under the control of ANAFP, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to the terms of use, privacy policy, and other restrictions of such corresponding third-party. ANAFP is not responsible for and hereby disclaims any and all content, advice, or services found, learned, available, or provided on such Third-Party Sites.
Unless otherwise set forth in a written agreement between you and ANAFP, you must adhere to ANAFP’s linking policy as follows:
(a) the appearance, position, and other attributes of the link may not be such as to damage or dilute the goodwill associated with ANAFP’s name or any ANAFP trademark, service mark, or logo;
(b) the link cannot utilize any ANAFP trademark, service mark, or logo unless you’ve obtained the prior written approval of ANAFP;
(c) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, endorsed by, affiliated with, or associated with ANAFP; and
(d) ANAFP reserves the right to revoke its consent to the link at any time in its sole discretion.
Violations; Termination of Usage
ANAFP may terminate or suspend your access to all or part of the Service immediately and without notice for any conduct that ANAFP, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of ANAFP or any third party. Upon termination, you must immediately cease use of the Service. ANAFP reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to the Service from a particular Internet address.
Additional Policies
Your use of the Service confirms and acknowledges your agreement to be bound by and comply with any of ANAFP’s other polices and disclaimers which may be implemented from time-to-time governing the use of the Service.
No Warranties
THE SERVICE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. ANAFP DOES NOT GUARANTEE THE CONFIDENTIALITY OR SECURITY OF ANY COMMUNICATION OR OTHER RESOURCE OR MATERIAL. ANAFP SHALL NOT BE OBLIGATED TO CORRECT OR UPDATE ANY SERVICE OR MATERIAL AND SHALL NOT BE LIABLE FOR OMISSIONS, TYPOGRAPHICAL ERRORS, OR OUT-OF-DATE INFORMATION WHICH MAY APPEAR. ANAFP MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY RESOURCES OR MATERIALS AVAILABLE ON OR THROUGH THE ANAFP WEBSITE, EMAILS, OR THIRD-PARTY PLATFORMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANAFP SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE RESOURCES AND MATERIALS BEFORE RELYING ON THEM. ANAFP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES.
Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ANAFP SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICE, EVEN IF ANAFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE SERVICE, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SERVICE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT ANAFP HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY. Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, ANAFP’s liability will be limited to the fullest extent permitted by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless ANAFP and its affiliates, officers, agents, partners, members, and employees from any claim, action, demand, loss, or damages (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your violation of the Terms of Use, or your violation of any law or rights of a third party. ANAFP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with ANAFP in asserting any available defenses.
Governing Law
The laws of the District of Columbia, USA shall govern these Terms of Use, without reference to its choice of law rules. If there is any dispute about or involving the Website, you agree that the dispute will be resolved in a court located in the District of Columbia, USA. You agree to submit to the personal jurisdiction of the courts located in the District of Columbia, USA for the purpose of litigating all such claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service must be filed by you within one (1) month after such claim or cause of action arose or be forever barred.
Miscellaneous
These Terms of Use, as modified from time to time and including any policies or disclaimers that are incorporated by reference, set forth the entire understanding and agreement between you and ANAFP with respect to the subject matter hereof. ANAFP’s failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions of these Terms of Use will remain in full force and effect.
Contact Us
If you have any questions about the Service or these Terms of Use, please contact us at anafp@anafp.org.