Terms of Use

Updated: April 2024

Welcome, and thank you for your interest in the Nonprofit Risk Management Center (“NRMC”, “we”, or “us”). This Terms of Use agreement (“Agreement” or “Terms”) is applicable to the websites located at www.nonprofitrisk.org, www.risk-resources.org and any other websites, apps or digital properties under the control of NRMC, in whatever manner the properties are accessed and/or used, whether via personal computers, mobile devices, or otherwise, and other interactive features, applications (including mobile applications), or downloads that are operated by NRMC that are made available by us to users of the sites and applications (the “Site(s)”). Access and use of the Sites is provided to visitors and users of our websites for the purpose of providing information to you. The following Terms of Use are a legal contract between you (“you,” “your,” and “User”) and NRMC regarding your use of the Site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING, BROWSING, OR USING THE SITE(S), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS IN THIS AGREEMENT, INCLUDING THE PRIVACY POLICY (COLLECTIVELY, THE “TERMS” OR “AGREEMENT”). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE. These Terms apply to your use of the Site. By accepting these Terms, you represent that you are at least the age of majority in your jurisdiction (i.e., 18 years of age).

Use of Materials

All content and materials on our Sites is strictly for personal, non-commercial use only. We or our licensors own all content and materials on the Sites, including, without limitation, all trademarks, service marks, trade names, trade dress and copyrights. Except as expressly permitted herein, you may not reproduce, modify or in any way commercially exploit any content and materials on our Site(s). In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from NRMC and NRMC grants you only a limited, revocable, non-exclusive, non-transferable license to access and make personal, noncommercial use of the Sites, and not to download (other than page caching or unless otherwise allowed by NRMC or permitted by law) or to modify all or any portion of the Sites. This license does NOT include any of the following: i. commercial use of the Sites; ii. any derivative use of the Sites; iii. any use of data mining, robots, or similar data gathering, scraping and extraction tools; iv. any data mining on, applying machine learning tools or models to, or train machine learning tools or models or any other artificial intelligence technology on, any Sites or NRMC content or materials; or v. any use of artificial intelligence tools or models for the purposes of generating text, images or any other material, content, output or derivative works based on or using NRMC content or materials, whether or not in the same or similar style as NRMC content and materials.

The Sites and/or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without NRMC’s express prior written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of NRMC, its content providers or its affiliates without express prior written consent. You shall not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

You agree not to sell or modify such content or materials or reproduce, display, publicly perform, distribute, or otherwise use such content or materials in any way for any public or commercial purpose, in connection with products or services that are not those of NRMC, in any manner that is likely to cause confusion among consumers, that disparages or discredits us, that dilutes the strength of our property or that otherwise infringes our intellectual property rights.

Registration and Account Information

Certain areas or features of our Sites, such as member accounts and certain resources are only accessible to NRMC members. Certain features of our Sites, such as Apps located on the Site, may only be open to members or for our newsletters, only to those that have signed up for our newsletters.

NRMC reserves the right to amend or vary NRMC content available to certain types of users from time to time. In addition, and if we have appropriate marketing permission, we may contact you from time to time in accordance with our Privacy Policy.

If you signed up for any of NRMC’s features that require you to provide personal information, you agree to maintain and update, true, accurate and current information about yourself. If you have reasons to believe that your account is no longer secure, it is your responsibility to let us know immediately. If you provide any information that is untrue, inaccurate, not current or incomplete, or if NRMC has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NRMC has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the registration and Sites. We have the right to provide user billing, account, content or user records, and related information under certain circumstances (such as to our service providers that process transactions on our behalf, payment card processors, in response to legal requirements, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business) to third parties.

We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

Security

You agree not to violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. We may investigate occurrences that may involve violations of the law or of the security of the Sites. We may involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

We reserve the right to disclose any information about you or your use of the Sites in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.

We cannot and do not assure that other users are or will be complying with the foregoing rules or any other provision of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We may change the Sites or delete content or features in any way, at any time and for any reason or no reason.

Privacy Policy

Please carefully read NRMC Privacy Policy, which is incorporated into these Terms (and which are part of our contract with you) and to which you acknowledge you have read and understand, for information relating to NRMC’s collection, use, and disclosure of your personal information. We are committed to having practices in place to protect your privacy and security and we have explained in detail the steps we take to do so in the Privacy Policy.

Prohibited Conduct

You are expressly prohibited from any conduct that: (1) threatens the security, integrity, or availability of the Sites; (2) provides or facilitates access to the Sites by unauthorized users or services; and/or (3) results in prohibited duplication, transmission, or exposure of the Sites (as defined below). You shall not use the Sites in violation of these Terms, or any applicable local, state, national, or international law or regulation. Nor shall you use the Sites in a manner which threatens the security, stability, or integrity of the Sites or networks connected to the Site (“Service Network“). Without limiting the foregoing, you acknowledge and agree that you will not take any action to:

• post any comment to the Site, or any social media page operated by NRMC, which includes profanity, hate speech, personal attacks, or comments that are libelous, defamatory, discriminatory, obscene, pornographic, abusive, or otherwise illegal (including violations of copyright and trademark laws). While NRMC welcomes comments, we reserve the right to block or remove a post, comment or posting privileges of commenters who violate these standards of decorum at any time and any opinions expressed in the comments are not necessarily those of NRMC;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; including using another person’s account credentials (including passwords) or making your account credentials available to others;
• use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site;
• introduce viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;
• attack our Sites via a denial-of-service attack or a distributed denial-of service attack (a breach of this provision would commit a criminal offense and we will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them, and in the event of such a breach, your right to use the Sites will cease immediately);
• violate any measure employed to limit or prevent access to the Sites or otherwise obtain or attempt to obtain through any means any content, functionality, or other information which has not been intentionally made available to you either by visible display on the Sites or access through a visible link on the Sites;
• decompile, reverse engineer, or otherwise attempt to obtain the source code of the Sites;
• attempt, in any manner to gain unauthorized access to the Service Network, attempt to gain unauthorized access to our Sites, the server on which our websites are stored or any server, computer or database connected to our Service Network, or otherwise violate the security of the Service Network or access encrypted codes;
• interfere with or disrupt (or attempt to interfere with or disrupt) the proper working of the Sites or Service Network, or violate any requirements, procedures, policies or regulations of the Service Network;
• take or attempt any action that, in the sole and absolute discretion of NRMC, imposes or may impose an unreasonable or disproportionately large load or burden on the Service Network, disrupts the normal flow of data, or threatens the stability of the Sites or Service Network; or
• conduct data mining on, apply machine learning tools or models to, or train machine learning tools or models or any other artificial intelligence technology on, any Sites or NRMC content or materials;
• use artificial intelligence tools or models for the purposes of generating text, images or any other material, content, output or derivative works based on or using NRMC content or materials, whether or not in the same or similar style as NRMC content and materials.
• engage in any conduct which, in NRMC’s sole and absolute discretion, diminishes the pedagogical or commercial value of the Sites, infringes any proprietary rights in the Sites, or otherwise violates these Terms.

It is not possible for NRMC to fully and effectively monitor content for infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify NRMC immediately by contacting info@nonprofitrisk.org.

Consent to Communications

NRMC may contact you via the contact information you provide to sign up for a newsletter, purchase a product, provide a donation, or through information provided through your initiation of contact (e.g., through the “Contact Us” feature of the Sites or by submitting a job application). By providing such contact information, you consent to receive communications from NRMC via that contact information. We may use your email address to send you information about the Sites.

You may opt-out of such email by using the “unsubscribe” link in the message, or by sending an email to info@nonprofitrisk.org. You will continue to receive communications related to any events or programs you may have signed up for, or order status updates for products you have purchased.

Payment Processors

All financial transactions made in connection with the Site will be processed by third-parties, who are our service providers and process your payment card data in compliance with their policies and processes. See our Privacy Policy for more information.

Third-Party Sites, Products, and Services; Links

The Sites may contain links to the websites of third parties, including payment processors, social media sites and our resource partner sites. NRMC is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before accessing any third-party website or sharing content via a social site, NRMC strongly recommends that you review and understand the terms and conditions and privacy policies of such third-party website. Any links to third-party websites do not constitute an endorsement by NRMC of the third-party website, products, or services. Your use of third-party websites and resources is at your own risk.

Intellectual Property

“Intellectual Property Rights” for purposes of this Agreement means all intellectual property rights worldwide arising under statutory or common law, and whether or not perfected, including, without limitation, all (i) patents, patent applications, and patent rights; (ii) rights associated with works of authorship including copyrights, copyright applications, and copyright registrations; (iii) rights relating to the protection of trade secrets and Proprietary Information (defined below); (iv) any other proprietary rights relating to intangible property; (v) divisions, continuations, renewals, reissues and extensions of the foregoing (as and to the extent applicable) now existing, hereafter filed, issued or acquired; and (vi) all goodwill associated with any of the foregoing.

All right, title, and interest in and to the Sites and Intellectual Property Rights, are and will remain exclusively with NRMC. You acknowledge and agree that the Sites contain proprietary and confidential Information (“Proprietary Information”) including but not limited to text, graphics, logos, icons, images, and the arrangement and compilation of such content, computer programs, documentation, and information of or containing proprietary information relating to the computing programs, is protected by applicable U.S. and/or international copyright, patent, and/or trade secret laws and other laws. Regarding computer programs such as those that are part of the Site, you expressly agree that you will not decompile, disassemble, or otherwise reverse engineer such computer programs or cause or enable others to do so. Except as expressly permitted by NRMC, you agree not to copy, modify, rent, lease, loan, sell, distribute, repost, publicly display, use for any commercial purposes, or create derivative works based on the Site, in whole or in part, without the prior express written permission of NRMC.

Trademarks. Nothing in these Terms establishes a license for you to use NRMC’s source identifiers, including its brands, marks, or logos, without the prior written consent of NRMC.

Term and Termination

These Terms shall remain in full force and effect while you use the Site unless your access to the Site is terminated as provided in these Terms, in which case you no longer have the right to use the Site. NRMC, in its sole discretion, may terminate your access and use of the Site or your account immediately at any time, for any reason, with no penalty, and at such time you will have no further right to use the Site. You may terminate your NRMC account at any time by following the instructions available through the Site.

Compliance with the Law

We reserve the right to comply with any subpoena, or order, or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Sites in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such information or data and turn all or a portion thereof over to law enforcement officials.

DISCLAIMER

THE INFORMATION, CONTENT AND MATERIALS ON THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITIES, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITES.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us; our licensors, licensees, distributors, agents, representatives and other authorized users; each of the foregoing entities’ respective resellers, distributors, service providers and suppliers; and all of the foregoing entities’ officers, directors, owners, employees, agents, representatives, and assigns (collectively, “The Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and costs (including without limitation, settlement cost and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified parties in connection with any claim arising out of any breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF OR INABILITY TO USE THE SITES OR CONTENT, MATERIALS OR FUNCTIONS THEREON, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR LICENSORS OR LICENSEES NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SITES AND ANY WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITES IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Governing Law and Venue

These Terms shall be governed by and construed in accordance with laws of the Commonwealth of Virginia and the laws of the United States without regard to the choice of law provisions thereof. For any legal suit, action, or proceeding arising out of or related to these Terms that is not subject to arbitration, it shall be instituted exclusively in the courts of Loudoun County, Virginia.

Changes To The Term Of Use

If we make a material change to these Terms of Use we will post a notice on the Sites. Your use of the Sites following any such notice will signify and constitute your assent to and acceptance of such revised Terms of Use.

General Provisions

If any provision of these Terms of Use shall be unlawful or void or for any other reason unenforceable then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without NRMC’s prior written consent, but may be assigned by NRMC without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

The Terms and the Privacy Policy constitute the entire agreement between you and NRMC relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms or Privacy Policy made by NRMC as set forth herein.

The Sites are hosted in the United States, and the services provided hereunder are offered by NRMC.

Contact Information

Questions or inquiries regarding these Terms should be directed to: info@nonprofitrisk.org.