TERMS & CONDITIONS
Terms & Conditions
Agreement between User and www.bayareanonprofits.com
Welcome to www.bayareanonprofits.com. The www.bayareanonprofits.com website (the “Site”) is comprised of various web pages operated by Bay Area Non-Profits and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.bayareanonprofits.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Visiting www.bayareanonprofits.com or sending emails to Bay Area Non-Profits constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bay Area Non-Profits is not responsible for third party access to your account that results from theft or misappropriation of your account. Bay Area Non-Profits and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Bay Area Non-Profits believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
Children Under Thirteen
Bay Area Non-Profits does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.bayareanonprofits.com only with permission of a parent or guardian.
Refunds, Cancellations, and Billing Policy
All products, except Trials, are backed by a 30-day money back guarantee as stated on the website from which you purchased. Bay Area Non-Profits has rights to change refund policy at any time, but such changes will be reflected on future orders not past orders.
Guarantee starts from, and includes, the purchase date. Purchase date and time is determined based on Pacific Time in the USA at the time of your purchase. Refund requests or products returned after the refund policy has expired are not subject to a refund and a refund will not be issued. Products returned after the policy has expired will be shipped back to the customer.
For multi-payment options, only the first payment is refundable and only within the first 30 days of the multiple payment term. Subsequent payments are non-refundable but if you refund within the first 30 days, your card will no longer be billed for subsequent payments.
For any product refund, a refund request must be sent to our office, in writing, in order for a refund to be processed.
For cancellation of your Subscription, or to request a refund, you may:
Login to our site, accessible from https://bayareanonprofits.com, and submit your request on our Support page for Subscribers
Email Support at email@example.com
Send a letter to our mailing address
Be sure to include ALL of your contact information with your request: Full Name, Email associated with your Subscription, and the name of the product, Subscription, or course you wish to have refunded so we can find you in our systems. This is to prevent fraudulent orders.
Refund of a physical product (like a book or DVD) also requires return of the physical product, to a U.S. address we designate, at your own expense. A full refund requires that the product remains in ‘like new’ condition (suitable for resale) and that the shipment is postmarked by the expiration date of your 30-day guarantee period. Physical product returns must be accompanied by prior authorization. You must contact our Support team for the required “Return Authorization” before shipping anything to us.
Shipping paid at time of purchase is not refundable, but any sales taxes collected will be refunded along with the purchase, if authorized.
Upon acknowledgement of a refund request, please allow 5 to 15 business days for the refund transaction to post to your account. Transaction times depend on the policies of your bank or credit card companies.
In the case of monthly products, you have 30 days to cancel the subscription to receive a refund for your initial payment. You are under no obligation to continue the subscription and can cancel at any time by contacting support at firstname.lastname@example.org. Upon cancellation your card will not be billed again.
Restrictions On Use
The right to use bayareanonprofits.com and all related URL’s (collectively, “Bay Area Non-Profits Sites”) is personal to the Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
Subscriber shall use Bay Area Non-Profits Sites for lawful purposes only. Subscriber shall not post or transmit through Bay Area Non-Profits Sites any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, fraudulent, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Bay Area Non-Profits express prior approval, contains advertising or any solicitation with respect to third-party products or services. Any conduct by a Subscriber that in Bay Area Non-Profits discretion restricts or inhibits any other Subscriber from using or enjoying Bay Area Non-Profits Sites will not be permitted. Subscriber shall not use Bay Area Non-Profits Sites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Bay Area Non-Profits Sites.
Bay Area Non-Profits reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice. In the event Bay Area Non-Profits terminates your access to this Site, Bay Area Non-Profits will either prorate your yearly Subscription amount and refund you the remainder of your Subscription year or refund your last monthly payment if you are on a monthly recurring Subscription. Subscribers with “Lifetime” access will be refunded a pro-rated amount based on the expected product lifetime of 15 years. All refunds shall be processed and made within thirty (30) days of termination.
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
This site may be hyperlinked to other sites which are not maintained by, or related to, Bay Area Non-Profits. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Bay Area Non-Profits. Bay Area Non-Profits has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and Bay Area Non-Profits makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Bay Area Non-Profits of that site.
Submissions and Testimonials
You hereby grant to Bay Area Non-Profits the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, testimonials, endorsements, ideas, graphics, or other information communicated to Bay Area Non-Profits through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. By posting or submitting any material (including, without limitation, comments, testimonials, blog entries, photos and videos) to us via the Site, you are representing that you are the owner of the material, or are making your posting or Submission with the express consent of the owner of the material. Bay Area Non-Profits will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Bay Area Non-Profits operations.
With regards to testimonials, comments, or endorsements posted on this Site or sent to Bay Area Non-Profits via e-mail or regular mail, you acknowledge that Bay Area Non-Profits may use your testimonials, comments and/or endorsements to promote and advertise the Site. You hereby grant Bay Area Non-Profits permission to utilize your name, appearance, content of e-mail or letter, voice and/or likeness in connection with any testimonial, comment, or endorsement. This permission extends to publicity of the Site in any and all manner and media throughout the world in perpetuity. You hereby waive any right that you may have to inspect or approve any testimonial, comment or endorsement prior to posting.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Bay Area Non-Profits from their creation. Thus, Bay Area Non-Profits shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, in perpetuity, in all languages, as we determine. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Bay Area Non-Profits all proprietary rights, including without limitation, all copyrights and trademarks world-wide, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, world-wide, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that Bay Area Non-Profits has the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
You understand that Bay Area Non-Profits cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Bay Area Non-Profits does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Bay Area Non-Profits.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BAY AREA NON-PROFITS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BAY AREA NON-PROFITS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BAY AREA NON-PROFITS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BAY AREA NON-PROFITS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT BAY AREA NON-PROFITS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BAY AREA NON-PROFITS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Bay Area Non-Profits does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
Third Party Content
Bay Area Non-Profits is primarily a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Bay Area Non-Profits has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user, are those of the respective author(s) or distributor(s) and not of Bay Area Non-Profits. Neither Bay Area Non-Profits nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to the Sections below for complete provisions governing limitation of liabilities and disclaimers of warranty).
Dispute Resolution. Mediation and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most Subscriber concerns can be resolved quickly and to the Subscriber’s satisfaction by contacting our customer service department at email@example.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if Bay Area Non-Profits has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes first through good faith mediation and then through binding arbitration, instead of in courts of general jurisdiction.
As such, we agree to submit any dispute, claim or controversy arising out of your use of the Site or your Subscription with Bay Area Non-Profits to private mediation. In the event that we are unable to reach an amicable resolution to the dispute at the mediation, the dispute, claim or controversy arising under this Agreement shall be resolved by binding arbitration and shall be construed and interpreted in accordance with the laws of the state of California. Good faith mediation is a pre-requisite to filing any arbitration claim.
Such arbitration shall be administered by and under the rules the American Arbitration Association (“AAA”) in accordance with its then prevailing expedited rules, by one independent and impartial arbitrator selected in accordance with such rules. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. § 1 et seq. The fees and expenses of AAA and the arbitrator shall be shared equally by each of us and advanced from time to time as required; provided that at the conclusion of the arbitration, the arbitrator shall award costs and expenses (including the costs of the arbitration previously advanced and the fees and expenses of attorneys, accountants and other experts) to the prevailing party. Arbitration shall be conducted in the State of California. In the event it becomes necessary to commence legal proceedings to enforce the terms and condition of your use of the Site or your Subscription with Bay Area Non-Profits, the prevailing party shall be entitled to recover attorney fees and costs. Judgment on the award may be entered in any court having jurisdiction. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
Limitation on Liability
BAY AREA NON-PROFITS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BAY AREA NON-PROFITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BAY AREA NON-PROFITS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BAY AREA NON-PROFITS FOR THE APPLICABLE CONTENT, PRODUCT, SUBSCRIPTION, SITE ACCESS, MEMBERSHIP OR SERVICE OUT OF WHICH LIABILITY AROSE.
UNDER NO CIRCUMSTANCES WILL BAY AREA NON-PROFITS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY SUBSCRIBER’S RELIANCE ON INFORMATION OBTAINED THROUGH BAY AREA NON-PROFITS. IT IS THE RESPONSIBILITY OF SUBSCRIBER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH BAY AREA NON-PROFITS SITES AND PRODUCTS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
Trademarks, service marks, and logos appearing in this site are the property of Bay Area Non-Profits or the party that provided the trademarks, service marks, and logos to Bay Area Non-Profits. Bay Area Non-Profits, and any party that provided trademarks, service marks, and logos to Bay Area Non-Profits, retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
You do not have the right to post, including proprietary material of any third party
Advocates illegal activity or discusses an intent to commit an illegal act
Is vulgar, obscene, pornographic, or indecent
Does not pertain directly to this site
Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive
Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity
Violates any law or may be considered to violate any law
Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content
Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site
Solicits funds, advertisers or sponsors
Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site
Includes MP3 format files
Amounts to a ‘pyramid’ or similar scheme
Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site
Contains hyperlinks to other sites that contain content that falls within the descriptions set forth above
Additionally, subscribers are specifically prohibited from posting negative or defamatory statements regarding Bay Area Non-Profits, contributors to the site or other subscribers.
Bay Area Non-Profits may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Bay Area Non-Profits or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Bay Area Non-Profits staff, Bay Area Non-Profits outside contributors, or by users not connected with Bay Area Non-Profits, some of whom may employ anonymous usernames. Bay Area Non-Profits expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Bay Area Non-Profits or any of its subsidiaries or affiliates.
Bay Area Non-Profits has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Bay Area Non-Profits will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Bay Area Non-Profits considers insecure, Bay Area Non-Profits will be entitled to require the password to be changed and/or terminate your account.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS BAY AREA NON-PROFITS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BAY AREA NON-PROFITS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BAY AREA NON-PROFITS OR LAW ENFORCEMENT AUTHORITIES.
In some cases, you may agree to a free trial of products from Bay Area Non-Profits. A valid credit card is required to start the trial. At the time of activation of the trial your card will be authorized for either $1 or the full amount of purchase price. Note: At this point funds have NOT been collected but may show up on your account as unavailable. The authorization will expire at the end of 5 business days. You have not been billed at this point.
At the end of the trial you agree and will be billed for the full purchase price. You are under no obligation and can cancel at any time during the free trial period and your card will never be billed.
Last updated: March 29, 2020