501(c)ommunity Terms of Service


THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND MISSION CAPTAL (“MISSION CAPITAL”, “WE” OR “US”), the owner and operator of www.501community.org.  THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WWW.501COMMUNITY.ORG/ WEBSITE (THE "SITE"), BY USING THE SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

Changes to these Terms of Service
Mission Capital reserves the right at any time to: (a) change the terms and conditions of these Terms; (b) change the Site, including eliminating or discontinuing any particular type of Materials (defined below) on or feature of the Site; or (c) change any fees or charges associated with use of the Site or for any products or services offered for sale or otherwise available on the Site. Any changes we make will be effective immediately upon notice, which we may provide by posting the changes on the Site or via electronic mail to your email address of record with us.   

About the Mission Capital's 501(c)ommunity and the Terms of Service
Mission Capital is a 501(c)(3) based in Austin, Texas that provides services and resources to strengthen nonprofits for extraordinary performance and impact. The Site is a place for nonprofit professionals, board members, volunteers and funders to share experiences, ask questions, and network – all with the goal of strengthening the nonprofit sector as a whole, through the Site.  

General Use
The Site includes a wide variety of resources including articles, body of knowledge, message boards, groups, videos, photo galleries and other materials that we put on the Site, including ideas, suggestions, opinions, comments, materials and observations posted by Mission Capital or its third-party licensors and suppliers, as well as materials posted by users of the Site ("User Content" as defined below) (collectively, the “Materials”).  Materials may include logos, graphics, video, images, software and other content. 

Mission Capital hereby grants you a limited, personal, non-exclusive and non-transferable license to use the Materials, including User Content (to the extent users posting such User Content have validly granted Mission Capital the licenses set forth in these Terms), and to use this Site, in each case solely for your personal use.  Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.  If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Please remember the following with respect to our Site:
  • Products. You may not advertise or promote certain products or services on the Site unless given permission in an advance arrangement with Mission Capital. Descriptions, images or listings of, or links or references to, products or services on the Site do not imply Mission Capital's endorsement of such products or services. Mission Capital is not responsible in any manner for such third party products and services.
  • Sweepstakes, Contests, and Games. Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules, which are linked from the particular activity. By entering such sweepstakes or contests or participating in such games you are subject to those rules - please remember to read them carefully.
  • Monitoring. We have no obligation to monitor, filter or prescreen User Content (defined below), Third Party Links (defined below), message boards or any other Materials on the Site. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site, including User Content.
  • Disclaimer regarding Professional Advice. Your use of the Site is at your own risk. The Materials and User Content (defined below) may contain information, data, advice, text and other materials compiled from a variety of third party sources. Mission Capital in no way endorses any of these materials, which are provided for your convenience, and are solely intended to broaden user understanding and knowledge of remote support topics.
Eligibility
In order to use the Site or to register for an account, you must be 18 years of age and able to form a binding, legal agreement with Mission Capital. By using the Site you are indicating that you are at least 18 years old; if you are not at least 18 years old, do not use the Site.  If at any time Mission Capital believes that you are under 18 years old, Mission Capital may immediately terminate your use of the Site.
 
Using the Site and the Services
You may choose to simply browse our Site as a "Visitor" or you may choose to register so that you can join community discussions, search members, post materials on our Site, or use certain services which are available only to registered users.  In order to access certain password-restricted areas of the Site or part of the services, you must register for an account and receive a password.

Password-Restricted Areas
As part of the registration process, you will be asked to select a username and password. Once you have you have submitted your account registration information, a Mission Capital's administrator may approve or reject the requested registration, in the administrator’s sole discretion. You are responsible for ensuring the confidentiality of your username and password, and you agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at info@501community.org. You are solely responsible for any and all activities, whether by you or anyone else (including without limitation purchases), conducted through your account.

Accuracy
By using this Site and the services available through the Site, you represent and warrant that all the information that you provide when registering for an account and otherwise through the Site is accurate, complete and up to date.  If you register as a Member, you agree to: (a) provide true, accurate, complete, and current information (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.  

You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site and/or remove any User Content you have provided from the Site.

Privacy of Your Information
Mission Capital will store, use and disclose any personal information that you provide to us in accordance with the Mission Capital Privacy Policy (“Privacy Policy”).  Please refer to our Privacy Policy, which is incorporated by reference into these Terms, for more information regarding our collection, use, disclosure and storage of your personal information.  You hereby expressly agree that we may use your personal information in accordance with the terms of the Privacy Policy, which can be found at http://501community.org/privacy.

Membership
By registering for an account with Mission Capital, you become a “Member” with access to certain password-restricted areas of the Site and certain services and Materials offered on and through the Site (a “Membership”). Each Membership and the rights and privileges provided to a Member is personal and non-transferable.  All sales and payments of Membership fees will be in US Dollars. All Membership fees are non-refundable under any circumstances.

The fee that we will charge you for your Membership will be the price posted on the Site on the date that you register as a Member. Mission Capital reserves the right to change prices for Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.  You may pay for your Membership fee online with a credit or debit card (Visa, MasterCard, American Express, and Discover), or you can ask us to send you an invoice for the Membership fee.  If you choose to pay online, we will charge your credit or debit card for your first Membership fee on the date that we process your order for your Membership.  Once your credit or debit card is charged the first Membership fee, you will receive a confirmation, either on the Site or via e-mail, notifying you of your ability to access those Membership-only portions of, and Materials on, the Site. 
  
Each Membership period is one year.
 
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Membership based on the mailing address that you provide when you register as a Member, and you authorize Mission Capital to charge your credit or debit card for any such applicable taxes.
Purchases.
 
We may make certain items or materials available for purchase on our through the Site.  If applicable, you agree to pay all fees or charges to your account based on Mission Capital’s fees, charges, and billing terms in effect as shown on the payment page, before you submit your order.  If you do not pay on time or if Mission Capital cannot charge your credit card or other payment method for any reason, Mission Capital reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that Mission Capital is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms.  If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Mission Capitalmay charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

Links to Third Party Sites
This Site may be linked to other websites that are not Mission Capital sites (collectively, “Third Party Sites”).  Mission Capital neither controls nor endorses such Third Party Sites, nor have we reviewed or approved any content that appears on such Third Party Sites. You acknowledge and agree that the Third Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Mission Capital, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Web Site privacy policy and terms and conditions and/or user guides.  You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third Party Sites.  Mission Capital is providing links to the Third Party Sites to you as a convenience, and Mission Capital does not verify, endorse, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT MISSION CAPITAL WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. 

User Content
Mission Capital allows Members to post, upload, submit or otherwise make available content such as blogs, profiles, photo albums, video galleries opinions, messages, comment, graphics, sounds or material through the Site  (“User Content").   

You are solely responsible for the User Content you post on or through the Site and the consequences of posting such User Content. By posting such User Content, you represent and warrant to us that you have the necessary licenses, rights, consents and permissions to enable inclusion of the User Content in the manner contemplated by this Site and these Terms. You agree that you will not post User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post such User Content.  You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Content posted by you to or through this Site.
You further agree that any User Content provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to Mission Capital a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferrable, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute all of your User Content or derivatives, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use your User Content. Without limiting the foregoing, we may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Mission Capital agrees to use any personally identifiable information contained in any of your User Content in accordance with Mission Capital’s Privacy Policy.

When you provide User Content you agree that those User Content shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Mission Capital to monitor, police or remove any User Content or other information submitted by you or any other user. However, we reserve the right to refuse or remove any User Content and/or disclose such User Content and the circumstances surrounding its transmission to any third party in order to: (a) operate the Site properly; (b) to protect ourselves, our sponsors, and our Members and Visitors; (c) comply with legal obligations or governmental requests; or (d) uphold these Terms.  

Unauthorized Activities
When using this Site and/or the services available through the Site, you agree not to:
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Site.
  • Use the Site for unintended purposes or trying to change the behavior of the Site;
  • Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempt to interfere with service to any user, host or network including, but not limited to, by way of submitting a virus to , or overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; or
  • Take any action that may otherwise harm, disrupt or overburden the Site, or harm another user of the Site.
This list of prohibitions provides examples and is not complete or exclusive. Mission Capital reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any User Content with or without cause and with or without notice, for any reason or no reason, or for any action that Mission Capital determines is inappropriate or disruptive to this Site or to any other user of this Site. Mission Capital may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Mission Capital's discretion, Mission Capital will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Unauthorized use of any Materials contained on this Site may violate certain laws and regulations.

Proprietary Rights
The Materials include proprietary and confidential information that is protected by applicable intellectual property and other laws, and that is the property of Mission Capital or Mission Capital's licensors. Materials contained in advertisements are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Mission Capital ™, Mission Capital . All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement
 
Mission Capital respects the intellectual property rights of others, and we ask you to do the same. Mission Capital may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site and Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Mission Capital’s designated agent the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Mission Capital to locate the material.
  • Information reasonably sufficient to permit Mission Capital to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Mission Capital’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
 
Copyright Agent
Attn: Evelyn Galante
Mission Capital 
7703 N. Lamar Blvd
Suite 400
Austin, Texas 78752.
info@501community.org
 
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.  Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Mission Capital actual knowledge of facts or circumstances from which infringing material or acts are evident.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Mission Capital a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
 
Feedback
 
If you send or transmit any communications, comments, questions, suggestions, or related materials to Mission Capital , whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, the Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Mission Capital is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Mission Capital is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Termination
If you violate these Terms, Mission Capital may terminate and/or suspend your access to this Site or Services without notice and remove and discard any Materials or User Content within the Site. Mission Capital prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Mission Capital, may result in immediate termination of your access to this Site.

Mission Capital may also in its sole discretion and at any time discontinue providing the Site or services, or any part thereof, with or without notice. You agree that any termination of your access to the Site or Materials, under any provision of the Terms, may be effected without prior notice to you, and acknowledge and agree that Mission Capital may bar any further access to the Site, including the Materials and your User Content. Further, you agree that Mission Capital shall not be liable to you or any third-party for any termination of access to the Site.

Disclaimer of Warranties
Your use of this Site, including the Materials (which includes User Content) and the services available through the Site, is at your own risk. The Materials have not been verified or authenticated in whole or in part by Mission Capital , and they may include inaccuracies or typographical or other errors. Mission Capital does not warrant the accuracy or timeliness of the Materials contained on this Site. Mission Capital  has no liability for any errors or omissions in the Materials, whether provided by Mission Capital, our licensors or suppliers or other users.

THE SITE, THE MATERIALS, THE USER CONTENT, ALL TOOLS, PRODUCTS OR SERVICES DISPLAYED ON, OR ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Mission Capital, FOR ITSELF AND ITS LICENSORS, affiliates, suppliers, and agents, doES not warrant that your use of the site and access to and use of the Materials and all tools will be uninterrupted, error-free, or secure, that any information obtained therein is accurate, reliable or complete, that defects will be corrected, or that any software, the Site, or the server(s) on which the Site is hosted are free of viruses or other harmful components. Your use of the Site and any information or materials provided on or through the Site is entirely at your own risk.

Limitation of Liability
Neither Mission Capital nor its LICENSORS, suppliers, agents or sponsors are responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory, even if we have been advised of the possibility of such damages, including those arising out of or related in any way to (i) the use of or inability to use the Site; (ii) any Materials or User Content contained on the site or member website; (iii) statements or conduct on the Site; (iv) any product or service purchased or obtained through the Site; (v) any action taken in response to or as a result of any information available on the Site; (vi) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any Materials or User Content; or, (vii) any other matter relating to the Site. Your sole remedy for dissatisfaction with the Site is to stop using the Site.

Indemnification
You agree to indemnify, defend, and hold Mission Capital and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives, as well as suppliers involved with the Site, harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the Unauthorized Activities section set forth above (b) any allegation that any User Content that you submit to Mission Capital violates applicable law, or infringes or otherwise violates the copyright, trade secret, trademark or other intellectual property or privacy rights of a third party, and (c) your activities in connection with the Site.

Jurisdictional Issues
Mission Capital makes no representation that materials on the Site are appropriate or available for use in locations other than the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.

General
The Terms constitute the entire agreement between you and Mission Capital and supersedes any prior agreements between you and Mission Capital . The Terms and the relationship between you and Mission Capital shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Travis County in the State of Texas and to submit any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Mission Capital to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Nothing in these Terms creates a relationship of agent and principal, partners, joint venturers or employer–employee between the you and Mission Capital, and no act or obligation of either party will in any way bind the other.  If any provision of the Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Terms and shall not affect the validity and enforceability of any remaining provisions. The section titles in the Terms are for convenience only and have no legal or contractual effect. This Terms is not assignable, transferable or sublicensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach of default.  These Terms may only be modified by Mission Capital , in accordance with the section above titled "Changes to these Terms of Service."

Contact Us
If you have any questions about these Terms or otherwise need to contact Mission Capital for any reason, you can reach us at info@501community.org