Terms and Conditions
AchieveMission General Terms and Conditions
These General Terms and Conditions ("Terms"), govern your use of the services, information and content (collectively, the "Services") provided by AchieveMission, Inc. ("AchieveMission"), including (i) the AchieveMission Web Site (the "AchieveMission Site"), (ii) all content and tools offered at the AchieveMission Site, and (iii) other services provided by AchieveMission including certain networking events and educational forums, whether online or in person. In these Terms, “you” or the “User” refers to any person using the Services.
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by AchieveMission in the user interface for any Service; or (B) by actually using the Services. In this case, you understand and agree that AchieveMission will treat your use of the Services as acceptance of the Terms from that point onwards. Before you continue, you should print off or save a local copy of the Terms for your records.
By accessing or using the Sites, you agree to be bound by these Terms and by any amendments in effect at the time of your visit. AchieveMission may amend the Terms at any time by posting the amended Terms on the Sites. They will automatically be effective after they are posted on the Sites. To the extent that you have used the Services prior to any amendment to the Terms, the Terms in effect at the time that you used the relevant Services will continue to be in effect solely with respect to your prior use of those Services. You understand and agree that if you use the Services after the date on which the Terms have changed, AchieveMission will treat your use as acceptance of the updated Terms.
To take advantage of certain services on the AchieveMission Site, you must be a registered User. When you register, you agree: a) to supply the information requested in the registration process; and b) to ensure the information you supply is accurate.
All information presented at AchieveMission events, forums or on the AchieveMission Site including all articles, information, text, graphics, images, webcasts, hyperlinks, statements, blogs, listserves, chat, bulletin boards, job postings, and other materials either provided by AchieveMission or by others, including Community Services (defined below) (the "Content"), is presented as a general service. AchieveMission is not responsible for Content posted, presented by or made by any speaker, contributor, or author of information or Content. Statements or opinions expressed reflect the view of the speaker(s), contributor(s) or author(s) and do not represent official policy of AchieveMission unless so stated. We classify the Content as “General Content”, meaning articles and general information about AchieveMission and the non-profit sector, and “User Submissions”, as defined below, which are job postings, user submissions to forums, and other user submitted content.
You may use General Content made available by AchieveMission on the AchieveMission Site, provided that you (1) do not remove any branding elements or proprietary rights notice language in all copies of such documents, (2) use such information only for your own personal, or your organization's own non-commercial educational purpose, and (3) make no modifications to any such information.
Users have access to certain services, such as seminars and workshops, that are made available by Users in the on-line or offline community or obtained from vendors or strategic partners ("Third Party Providers"). These services, whether made available through a Third Party Provider or another User of the Sites shall be referred to as "Community Services." AchieveMission does not endorse nor approve the Community Services, and we make them available to you as a service and convenience. AchieveMission and our Third Party Providers do not: (1) guarantee the accuracy, timeliness, or completeness of the Community Services; or (2) warrant any results from your use or reliance on the Community Services. Neither AchieveMissin nor the Third Party Providers are obligated to update or to verify the truth and accuracy of any information or opinions presented as part of any Community Services. You agree that neither AchieveMission nor the Third Party Providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any Community Services.
Your Submissions and Activities
You represent and warrant that you have all the rights necessary to copy, disclose and post anything that you submit to the Sites, and that you have the authority to bind any entity that you represent. You further represent and warrant that all information submitted by you is true and accurate at the time of submission and to the best of your knowledge.
Your contributions to the AchieveMission Site including, without limitation, questions, comments, suggestions, job postings, other written materials, and information including posted e-mail addresses ("User Submissions"), shall be deemed to be public information which means it is non-confidential and AchieveMission shall have no obligation of any kind with respect to it. By uploading and submitting User Submissions to the AchieveMission Site, you are granting AchieveMission and other Users permission to use any materials in your postings, including to distribute, transmit, publicly display, edit, make derivative works, translate and reformat your posting, and allow others to do the same. AchieveMission will not compensate you for any use of your posting. AchieveMission may also preserve or disclose any posting: (1) to comply with court order or legal agreement, and (2) to respond to claims that postings violate the rights of third parties. Further, AchieveMissin shall be free to use any ideas, concepts, know-how, or techniques contained in the User Submissions to the Sites for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products and other items incorporating these User Submissions. You are responsible for complying with all third party rights with respect to such User Submissions that appear on the Sites and not to download, e-mail or otherwise transmit such User Submissions in violation of third party's rights.
You are expressly prohibited from placing in any message in any User Submissions, or otherwise transmitting through or posting on the Sites (including any e-mail message or any chat board posting) any unlawful, threatening, defamatory, obscene, or otherwise objectionable material of any kind, including without limitation, any material that would give rise to civil liability or otherwise violate any applicable local, state, national or international law. You agree and acknowledge that AchieveMission is not responsible or liable to you or any other party or User of the Sites for any conduct by you or any other party or User of the Sites.
Your Use of the Sites
Without limitation of the other prohibitions in these Terms, you are prohibited from:
- Posting any incomplete, or false information;
- Otherwise using the AchieveMission Site in violation of federal law or the applicable state, local or international laws in AchieveMission's or your jurisdiction.
- Otherwise using the AchieveMission Site in violation of federal law or the applicable state, local or international laws in AchieveMission's or your jurisdiction.
- Aggregating, copying or duplicating in any manner any of the Content, User Submissions, User Names, e-mail addresses available from the AchieveMission Site unless expressly permitted;
- Uploading, posting, e-mailing or otherwise transmitting any Content that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; Uploading, posting, e-mailing or otherwise transmitting any Content protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
- Uploading, posting, e-mailing or otherwise transmitting any advertising or promotional materials including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication;
- Using a User's e-mail address for any purpose other than to respond to the User's messages or postings unless consent is obtained from the User directly;
- Uploading, posting, e-mailing or otherwise transmitting any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment;
- Attempting to gain unauthorized access to any portion or feature of the AchieveMission Site or any other systems or networks connected to the AchieveMission Site or to any AchieveMission server, or to any of the Services offered on or through the AchieveMission Site except in accordance with these Terms;
- Otherwise using the AchieveMission Site in violation of federal law or the applicable state, local or international laws in AchieveMission's or your jurisdiction;
Links to Other Sites
The AchieveMission Site may contain links to or framed content from other sites, which are provided solely as a convenience to you. AchieveMission is not responsible for the availability of external sites, framed content or resources linked to the AchieveMission Site and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
Security of Data Transmission and Storage
Electronic communications through the AchieveMission Site or using the AchieveMission Services may not be secure. You acknowledge that there is a risk that data, personal information, User Submissions, Community Services, including e-mail, communications and personal data, may be accessed by unauthorized third parties when communicated between you and AchieveMission or between you and other parties.
Disclaimer of Warranties
The Sites and the Content are provided on an "AS IS" and "AS AVAILABLE" basis. USE OF THE SITES OR THEIR CONTENT AND ANY RELIANCE ON THEM WILL BE AT YOUR OWN RISK. ACHIEVEMISSION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, IN WRITING OR ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF THE SITES OR OF ANY CONTENT PROVIDED THROUGH THE SITES.
Disclaimer of Liabilities
ACHIEVEMISSION SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY AND/OR DAMAGE TO PERSONS OR PROPERTY AS A MATTER OF PRODUCTS LIABILITY, NEGLIGENCE, CONTRACT, TORT OR OTHERWISE, OR FROM ANY USE OF OPERATION OF ANY METHODS, PRODUCTS, INSTRUCTIONS OR IDEAS CONTAINED IN THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE THAT ACHIEVEMISSION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSS INCURRED IN CONNECTION WITH USE OF THE SITES, THE CONTENT OR ANY OF THE OTHER MATERIALS PROVIDED BY ACHIEVEMISSION OR THIRD PARTIES THROUGH THE SITES, OR ANY DAMAGE OR LOSS CAUSED BY INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE OF THE SITES, REGARDLESS OF THE CLAIM OR AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ACHIEVEMISSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Sole and Exclusive Remedies
Your sole and exclusive remedy, and AchieveMission's sole and exclusive liability, for any and all claims arising from AchieveMission supply of the AchieveMission Site, Community Services, or any other goods or services to you, including without limitation any goods or services for which you have paid AchieveMission a fee, shall be as follows: (a) if there is any material defect in any goods or services supplied to you, and you provide AchieveMission with written notice to AchieveMission of such defect within thirty (30) days after receipt of such goods or services, at its option, AchieveMission will repair or replace the goods, or re-supply the services, or refund the price paid by you; and (b) in no event shall AchieveMission's liability to you for any goods or services exceed the amount you paid AchieveMission for such goods or services.
You hereby agree to indemnify, defend and hold AchieveMission harmless from and against any and all losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by AchieveMission in connection with any claim or allegation made against AchieveMission arising from your use of the AchieveMission Site, Content, or Services.
Intellectual Property Rights in Content
The Content and Services are furnished by AchieveMission or a third-party provider or webcaster and are intended for the personal use of AchieveMission's Users. All rights are exclusively reserved to AchieveMission and its contributors and licensors. You acknowledge that the Content and Community Services may contain information, communications, photos, text, video, graphics, music, sounds, images, and other materials, which are provided by AchieveMission or by contributors or licensors of AchieveMission. You agree and acknowledge that the Content, Community Services, and its use or the use of the AchieveMission Site is protected by copyright, trademark and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable copyright, trademark, and other intellectual property laws.
The AchieveMission Site and Content are protected by copyright as a collective work and/or compilation, and as individual works, as the case may be, pursuant to United States Copyright laws. Except as set forth in these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content of the AchieveMission Site, in whole or in part.
Digital Millennium Copyright Act Compliance Policy
It is our policy to promptly respond to claims of copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512, as amended) (the “DMCA”). If you believe that an infringing copyrighted work is accessible on the Sites, you may notify us by sending the following information to the address listed below: An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other right being infringed; A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of the material that you claim is infringing and where it is located on the AchieveMission Site; Your address, telephone number and email address; A statement by you that you have a good faith belief that the use of the materials on the AchieveMission Site of which you are complaining is not authorized by the copyright owner, its agent or the law; and A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Please put "Notice of Infringement" in the subject line of all such notifications, and send the notification to: }
6205 Westwood Way
Oakland, CA 94611
We will process and investigate all notices of alleged infringement as required by the DMCA, and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the supplier of such material in order to give that supplier an opportunity to respond to the notification. If the supplier of the material gives a counter-notification claiming that the use is authorized, we may reinstate the material in question, and we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you contact an attorney before providing a counter-notification.
AchieveMission and its related wordmark are registered trademarks of AchieveMission, Inc. Other trademarks are owned by AchieveMission and/or its affiliated entities or of their respective owners. You agree not to use or display trademarks without the prior written consent of AchieveMission or the owner of such marks.
Amendments to Services and Termination
AchieveMission reserves the right to modify or discontinue, temporarily or permanently, any Service (or any part thereof) with or without notice. You agree that AchieveMission in its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or Content within a Service. AchieveMission may, in its sole discretion, terminate or suspend your access to all or part of the AchieveMission Site for any reason, or for no reason whatsoever including, without limitation, for breach of these Terms.
AchieveMission reserves the right to amend these Terms from time to time. These Terms are governed by the laws of the Commonwealth of Massachusetts without reference to any conflict of law principles. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity of any remaining provisions. In these Terms, the term ‘including’ means ‘including without limitation’.
Except as otherwise expressly provided for in these Terms, these Terms set forth the entire agreement between you and AchieveMission regarding the subject matter of these Terms, and supersede all prior promises, agreements or representations, whether written or oral regarding such subject matter.
Effective Date of General Terms and Conditions: September 4, 2013