Terms and Conditions & Privacy Policy

NONPROFIT ORGANIZATION ONLINE SITE TERMS

This is the online/self-service Terms for The Northwest Card Association, your continued use of the Site, participation in our services, and/or continued maintenance or updating of your profile will constitute your agreement to this version of the agreement. Capitalized words and phrases used in the Terms and not otherwise defined have the definitions given to them in the Documentation (as that word is defined in the next paragraph).

What Do We Do?

1.1 We own and operate the website Northwest Card Association and certain educational opportunities and materials. From time to time we may come to own or operate other websites, applications or related materials, in the Terms, we refer to all of those as our “Site.” The Site in the form accessible to end users includes links or references to our Terms of Use, our Privacy Policy, user interface features, and other documentation (“Documentation”).

1.2 The descriptions of our Site and Services in the Term are qualified by the more detailed descriptions in the Documentation. In general, however, it helps to understand that the Site is an integral part of a larger organization created by us that allows people to easily take advantage of educational opportunities and materials.  The Sponsoring Organization that manages the site has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.

What Do You Get?

2.1 You Get access under the Terms, we are giving you a access on a limited, royalty-free, non-exclusive, non-transferable, non-sub-licensable, revocable basis-or simply, the “License”-to maintain a participating Cause profile on our Site, and to participate in services made available to qualified, individuals.

2.2 What Does It Cost You?-You pay membership dues, pay for meeting attendance as well as have opportunity to sponsor events.

2.3 How Long Does It Last?-The first term is one year after the date this agreement is agreed to by you. Each term automatically renews for a new term of the same length, with the payment of membership dues.

What Does it Cost?

3.1 You will pay Dues, Meeting Costs and Sponsorship as well as any other listed fee or item based on the published price on our web site.

What We Own and What You Own.

4.1 As between you and us, we are the sole and exclusive owner of the Site and all intellectual property and other rights and interests related thereto, including (but not limited to) all of the following: the Site and all related domain names-the “look and feel,” design and content of the Site and the Site user interface-software and code of any kind-our business, data, information, and payment and processing systems and concepts-the name The Northwest Card Association and any similar iterations thereof. other protected intellectual property used in connection with the Site and/or the Services-all so-called moral rights, goodwill, rights and proceeds, and any other kind of right or interest that is associated with or symbolized by or that flows from any of the others-and every other thing which under the Terms is or becomes our property, including but not limited to all Feedback (as defined in the Terms of Use).

4.2 You have no ownership rights or interests of any kind to any licensed right or property, and you will not acquire any ownership in any such right or property because of this agreement, or from any conduct between you and us, or due to any other reason.

4.3 We will always have the right to update and upgrade, modify and revise, shut down for maintenance or terminate, and otherwise make decisions about our Site without having to first get consent from or give notice to any participating Cause-although we hope we will be able to notify everyone we can about any of these decisions when practical. This includes, but is not limited to, changes to the “look and feel,” functionality, content, payment and Giv mechanics, fees and policies, and the terms of use, privacy policy and other Documentation.

Some Stuff Our Lawyers Made Us Say

5.1 Notices-If you or we need to contact each other regarding a legal matter, it must be in writing and sent, if to us, via our Contact Form on our website, and if to you, to the address used in connection with your registration with us. Thereafter, we may require that your contact also be submitted in writing and sent to another address we provide you by a nationally recognized overnight courier, which will be deemed to have been received when actually received as confirmed by that courier. For all other matters, we may communicate by email at the email addresses exchange between us.

5.2 Indemnification-We don’t think you will do this, but we are told we have to include it-if you breach this agreement (including any Documentation) and as a result we incur costs, expenses, losses, damages, obligations or anything else adverse to us (including, although not limited, to attorney’s fees we may have to incur) (collectively we’ll call these “Losses”), then you shall indemnify, defend and hold harmless us and our affiliated entities and all our and their personnel-owners, officers, directors, managers, partners, joint venturers, personnel, fiduciaries, and other agents and representatives, and the successors and assigns of any of them. for any and all such Losses.

5.3 Equitable Remedies-Notwithstanding anything to the contrary herein, we shall be entitled to seek equitable relief in any federal or State court in the United States or elsewhere having subject matter jurisdiction without either having to post a bond or first submitting the matter to arbitration or mediation with respect to actual, alleged or threatened breaches by you of any provision herein relating to indemnification or ownership of our property, in which case, you (for yourself and your heirs, successors and assigns, and any of your other their affiliated individuals or entities) consent to the jurisdiction of such courts and agree that service of process or notice in any such action, suit or proceeding shall be effective if delivered in any manner not prohibited by law and hereby waive any claim or defense of inconvenient forum or any other defense to any such jurisdiction or venue. The rights set forth in this paragraph are in addition to any other right or remedy available to the party seeking equitable relief at law, in equity or otherwise.

5.4 Miscellaneous-The agreement’s section headings are for convenience of reference, not enforceable terms. If there is a conflict between this agreement and any Documentation, we will be the one to resolve it. Also, this agreement-contains the entire understanding concerning its subject matter, superseding all prior and simultaneous agreements and communications (express or implied) related to it (except for our Documentation); -may not be amended by you except in a writing signed by us, and no provision hereof shall be deemed waived by us unless we so agree and no waiver by us of one breach will be a waiver of any later breach; -may be amended by us as we shall determine to be in the best interest of the Site or as we may otherwise determine to be necessary, advisable, convenient or appropriate; -is only for the benefit of you and us and our successors and permitted assigns, and is not for the benefit of or enforceable by any other person; -may not be assigned by you without our written consent and shall be assigned by you by operation of law if we so agree; and-shall be governed by the laws of the state where we are then incorporated (currently, New York), without regard to its conflicts of law provisions. If any provision of this agreement is deemed unenforceable, that will not affect other provisions which will continue to be binding on you and us, unless we feel this would frustrate the purpose of the agreement. By accepting this agreement, you agree with us that no ambiguity is to be construed against us as author. You and we are responsible for our own lawyer’s fees (if any) and expenses incurred in relation to entering this agreement and with the use of the Site and/or participation in any Services. We may rely on this agreement and continue listing you in the Site during the full License term. You agree to all provisions included in all Documentation (including but not limited to the arbitration provision, which also applies to this agreement), and that “you” as defined in the Terms of Use also includes you unless context requires otherwise; if there is any conflict between the Term and any of the Documentation, or if here is any dispute over the application of the Documentation to you, we will be the sole arbiter of how to resolve that conflict or dispute.

 

Last updated as of: November 30, 2016

 

Privacy Policy

Purpose of this Privacy Policy

This Privacy Policy is provided to inform you of the policies and procedures of The Northwest Card Association regarding the collection, use, and disclosure of the information that we collect and receive from users of the Site and participants in our Services.

Unless otherwise defined in this Privacy Policy or unless context requires otherwise, capitalized terms used in this Privacy Policy have the same meanings given to them in our Terms of Use and other Terms provided on the Site. You can access the Terms of Use by clicking on the link by that name located elsewhere on the Site.

Your Privacy

We value your privacy. This Privacy Policy gives notice of and explains our practice of collecting information online and your participation about the way your information is collected and used by us.

By accessing, visiting or otherwise using the Site, you consent to the terms of this Privacy Policy. If we ever change any terms of the Privacy Policy, they will be posted by means of a revision to this Privacy Policy or elsewhere in the Terms of Use or on the Site. Accordingly, you agree to review this Privacy Policy each time you access, visit or otherwise use the Site, and in each instance you agree anew with and consent to all such terms in their entirety.

This Privacy Policy applies to all information that you provide to us through the Site or otherwise in connection with our Services, but does not apply to information collected offline. As used in this policy, the terms “using” and “processing” information include using cookies (discussed below) on a computer or other device, subjecting the information to statistical or other analysis and using or handling information in any way, including but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates.

Information Collection and Use

When using our Site or participating in Services, we may ask that you provide us with some personally identifiable information—information about you that can be used to contact or identify you, and information on your use or potential use of the Site and receipt of or participation in our Services and related matters (“Personal Information”). Personal Information that we might collect includes things like your name, phone number, email address, and your work and home addresses. Personal Information may also include other information you supply to us concerning your preferences and interests expressed in the course of using the Services, or that may be required in connection with making a donation to a Donor Advised Fund or with participating in a Promoted Campaign.

We do not currently collect credit card or other payment information; such information is collected by the third-party payment processor we use in connection with facilitating Transactions for Membership, Meeting Fees and Sponsorship

Information Disclosure

We will not rent, sell, or share personal information about you with nonaffiliated companies other than in connection with the operation of the Site or the provision of our Services, and when we otherwise have your permission. We may also share aggregated information that does not include Personal Information with third parties for industry analysis, demographic profiling and other purposes.

Service Providers

We may employ or partner with third parties to process payments, facilitate our Services, provide Services on our behalf, provide Services-related support (such as maintenance, database management, web analytics and improvement of the Service features) or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other affiliates for the purpose of providing you with information we believe may be of interest to you.

Law Enforcement

The Northwest Card Association may be required to cooperate with government and law enforcement officials and private parties to enforce and comply with the law. In such cases, we will disclose any and all information that is required by law or that we otherwise believe to be appropriate or necessary, in our sole discretion, to respond to claims, legal process or disputes (including, but not limited to, subpoenas, other court orders and pleadings in litigation), to protect the property and rights of The Northwest Card Association or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Data Security

While no data security practice or procedure can be 100% foolproof, we have instituted various procedures that we believe are appropriate and customary under current standards in order to secure personal information we collect on the Site and to prevent unauthorized access to such information and maintain data accuracy and ensure that we use information we collect correctly. We employ administrative, physical and electronic measures designed to safeguard and protect your information from unauthorized access and disclosure. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal information (as defined or described, by whatever term, by applicable law governing security breach notification) to you via email or conspicuous posting on this Site as expeditiously as practicable. We offer the use of third-party secure server processors, such as PayPal. After a commercial transaction, your private information that may have been required for such transaction (credit card numbers, social security numbers, financial information) maybe be stored by us. We cannot speak as to the policies of PayPal or any other third-party payment processor, or any other third party; you will need to review their policies separately.

Links to Third-Party Sites

We may from time to time or at any time include links to third-party websites. Such sites have separate, independent privacy policies, and we have no, and we hereby disclaim any and all (and you acknowledge and agree that we have no and disclaim any and all), responsibility or liability for any content, features, functionality or data collection of such sites.

Links to Other Sites

Our Services may contain links or API’s (data or content exchange interfaces), to external services or websites of various strategic partners, joint venturers, affiliates, advertisers or other third parties for information or functionality or services. If you choose to visit a partner or advertiser (such as a Cause or a Sponsoring Organization) by clicking on a link to their site, or selecting a button, service, banner ad, or other type of advertisement, or click any other third party link, you will be directed to that third party’s resources. The fact that we may link to a partner’s services, functionality, website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party services, functionality, websites or other resources. These other parties may place their own cookies or other files on your computer or device, collect data or solicit personal information from you. Other services may or may not follow other, different or additional rules regarding the use or disclosure of the personal information you submit to them. Our Privacy Policy only applies to the Services and we are not responsible for the privacy practices or the content of other websites. You should check the privacy policies of those sites before providing your personal information to them.

International Use & Information Transfer

By their nature, websites and similar applications may be accessible in countries outside the United States. The Site and the Services are directed only to persons in the United States who meet the above age requirement. We make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative, are responsible for compliance with local laws, and are doing so without our consent. Any offer for any product, service, and/or information made in connection with this site is void where prohibited. Your information may be transferred to and maintained on computers located outside of your or our state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your or our jurisdiction.

Agreement and Changes

By using the Services, you agree to the current Privacy Policy and to our Terms of Use, to which this Privacy Policy is incorporated. The Northwest Card Association reserves the right, in its sole discretion, to modify, discontinue, or terminate the Services or to modify this Privacy Policy at any time and from time to time without prior notice. If we do modify this Privacy Policy, your notification thereof shall be in the form of either a posting on the Site, by or providing you with notice of the modification by email, or by a simple change on the Site. You are reminded that your use of the Site and of our Services constitutes an agreement and promise by you to read and agree to the Terms and this policy each time to use the same. If required by law, we will also indicate when such terms are effective by posting the date last updated. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Privacy Policy as so modified If the modified Privacy Policy is not acceptable to you, your only recourse is to cease using the Services.

Headings

The headings used in this Privacy Policy are for convenience of reference only and are not substantive terms hereof. You are required to read all sections of this Privacy Policy whether you believe they may be of interest to you or not.