TERMS AND CONDITIONS AND
TERMS OF SALES
By using or shopping at Texasnonprofits® (www.txnp.org),
you accept the following Terms and Conditions.
Welcome to Texasnonprofits®, at www.txnp.org. To ensure
a pleasant experience for our users, we have established the
following Terms and Conditions of Use. By accessing any areas
of Texasnonprofits®, you agree to be legally bound by
the terms and conditions set forth below, and as they may
be modified from time to time. If you do not agree to these
Terms and Conditions of Use, please do not use or shop at
this Web site. Except as specifically set forth below, any
use of this website is at the sole risk of the user.
Legal Name and Address
Texasnonprofits® at www.texasnonprofits.org is owned and
operated by The Social Responsibility Institute, a Texas 501c3
Nonprofit. The Social Responsibility Institute can be
reached at P.O. Box 90509, San Antonio, TX 78209. For the
purposes of these Terms and Conditions of Use, references
to Texasnonprofits® shall include The Social Responsibility
Institute, and its affiliates, directors, officers, or employees.
Except where context allows otherwise, the use of "website"
or "this website" shall refer to Texasnonprofits® at www.txnp.org.
Proprietary Rights to Content of This Website
By using this website, you acknowledge that Texasnonprofits®
contains information, data, software, graphics, typefaces,
music, sounds, and other material (collectively referred to
as "content"), some or all of which are protected by copyrights,
trademarks, trade secrets, and other proprietary rights, and
that these rights are valid and protected in all forms, media,
and technologies used in connection with this website, whether
currently existing or later developed.
The posting of information or content to this website by Texasnonprofits®,
its affiliates, suppliers, advertisers, or the like, does
not constitute a waiver of any proprietary right in such information
and content (such as, but not limited to, copyright, service
marks, trademarks, trade names, or other intellectual property)
and does not transfer any rights to a user of this website
or any other third party, except as expressly set forth in
these Terms and Conditions of Use.
Copyright
By visiting and using Texasnonprofits®, you acknowledge
that the content on this website is protected by copyright
in the United States of America, as a collective work. You
also acknowledge that The Social Responsibility Institute
owns the copyright in this work, and has exclusive rights
in the selection, coordination, display, manipulation, arrangement,
and improvement of the content provided at Texasnonprofits®.
You may not modify, delete, add to, augment, supplement, remove,
or create derivative works from, any content from this website.
Any person is authorized to view the content provided at Texasnonprofits®.
If no specific restrictions are displayed, any person may
create an electronic copy of selections from the content provided
on this website for personal, informational purposes only.
In such cases, the person must maintain all notices and references
to copyright notices, trademark legends, and other indications
of a party's proprietary rights.
Except as provided above, and by fair use provisions of U.S.
copyright law, the information and content provided at Texasnonprofits®
may NOT be uploaded, resold, reproduced, republished, or redistributed,
in any form, without our prior written permission. No person
may in any way exploit the content of this website, or participate,
facilitate, or contribute to the sale or transfer of any content
provided at Texasnonprofits®.
You should BE AWARE that violations of U.S. Copyright laws
are illegal and can subject a person to both criminal prosecution
and potential damages in a civil suit. The Social Responsibility
Institute will NOT be liable for infringements of copyrights
or other proprietary rights, committed by persons who visit
or use Texasnonprofits®.
By submitting content or information to this website, including,
without limitation, any product reviews, you automatically
grant, or you warrant that the owner of such content or information
has expressly granted, The Social Responsibility Institute,
a worldwide, royalty-free, perpetual, irrevocable, nonexclusive
right and license to use, reproduce, publish, translate, sublicense,
copy, and distribute the content or information via Texasnonprofits®,
in whole or in part, and to incorporate the content or information
into other works in any form, media, or technology now existing
or later developed, for the full term of any copyright that
may exist in such content or information. You also warrant
that you, or the owner, permit any other person to access,
store, or reproduce the content or information for personal
use. Subject to this grant, you or the owner retain any and
all rights which may exist in such content or information.
Trademark
All trademarks, product names, company names, and logos on
Texasnonprofits® are the exclusive property of their respective
owners, and may not be used without the prior consent of their
owners. The Social Responsibility Institute, cannot and does
not give any consent to the use of trademarks, product names,
company names, and logos that it does not own.
You should BE AWARE that violations of U.S. Trademark laws
are illegal and can subject a person to potential damages
in a civil suit. The Social Responsibility Institute will
NOT be liable for infringements of trademarks, product names,
company names, logos, or other proprietary rights, committed
by persons who visit or use Texasnonprofits®.
DISCLAIMERS
Warranties
This website and the information presented on the website
are provided "AS IS" and "AS AVAILABLE." The Social Responsibility
Institute makes no representations of warranties of any kind,
either express or implied, as to the information, content,
presentation, or products included on this website. To the
extent allowed under applicable federal, state, and local
laws, we fully disclaim all warranties, express, or implied,
including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. No
oral or written information or statements given by The Social
Responsibility Institute, WHETHER OR NOT PROVIDED VIA Texasnonprofits®,
shall create a warranty of any kind, nor shall you rely on
such information or statements.
Quality of Information and Content
BY USING THIS WEBSITE YOU ACKNOWLEDGE THAT THE Social Responsibility
Institute MAKES NO REPRESENTATION OF ANY KIND AS TO THE ACCURACY,
TIMELINESS, CURRENCY, OR COMPLETENESS OF THE INFORMATION,
CONTENT, PRESENTATION, OR PRODUCTS INCLUDED ON THIS WEBSITE.
THE Social Responsibility Institute PERIODICALLY AND WITHOUT
NOTICE AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS
THE INFORMATION, CONTENT, PRESENTATION, OR PRODUCTS INCLUDED
ON Texasnonprofits®, INCLUDING, WITHOUT LIMITATION, THESE
TERMS AND CONDITIONS OF USE. THE Social Responsibility Institute,
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS,
OR INTERRUPTIONS IN THE INFORMATION, CONTENT, PRESENTATION,
OR PRODUCTS ON THIS WEBSITE, AND SPECIFICALLY DISCLAIMS ANY
DUTY TO UPDATE THE INFORMATION, CONTENT, PRESENTATION, OR
PRODUCTS INCLUDED ON THIS WEBSITE.
Limitation of Liability
BY USING THIS WEBSITE, YOU EXPRESSLY AGREE THAT USE OF TEXASNONPROFITS®
IS AT YOUR SOLE RISK. You further acknowledge that the Social
Responsibility Institute, or any other party involved in the
creation, production, delivery, or display of the information,
performance, content, presentation, products or services provided
at this website, shall NOT be liable for any damages whatsoever,
arising out of or in connection the use of or inability to
use Texasnonprofits®, or the information, performance,
content, presentation, products or services provided at this
website. Such damages shall include, without limitation, any
direct, indirect, incidental, consequential, or punitive damages
resulting from loss of use, computer virus, system failure,
reliance upon information obtained at Texasnonprofits®,
lost data or profits, deletion of files or e-mails, delays
in operation or transmission, or any failure of performance,
whether or not resulting from acts of God, communications
failures, or theft, destruction, or unauthorized access by
third parties to records, programs, or services of The Social
Responsibility Institute USER HEREBY ACKNOWLEDGES THAT THIS
PARAGRAPH SHALL APPLY TO ALL INFORMATION, PERFORMANCE, CONTENT,
PRESENTATION, AND PRODUCTS OR SERVICES AVAILABLE THROUGH TEXASNONPROFITS®.
Laws Applicable to this Section
Some states do not enforce or allow disclaimers of warranties
or the exclusion of liability for certain types of damages.
In such states, liability is limited by the provisions of
Section III to the fullest extent allowed by applicable laws.
You should consult your own legal advisor about the applicability
of certain laws to limitations on liability.
Content of Users and Other Third-Parties
Online Conduct by Users at the Social Responsibility Institute,
we share many people's concerns about the Content that they
view on the Internet. We want everyone to be free from concerns
about the nature of the Content they will encounter at Texasnonprofits®.
We want the Content on this site to remain clean and non-offensive.
By using this website, you agree to visit and use Texasnonprofits®
only for lawful purposes. You may not use Texasnonprofits®
to post or transmit any Content, information, or material,
of any kind, which is unlawful, threatening, abusive, harassing,
defamatory, vulgar or profane, obscene or sexually explicit,
racially or ethnically hateful, or otherwise objectionable.
This material includes, without limitation, Content, information,
or material that would give rise to criminal offenses, civil
liability, or abrogation of any international, federal, state,
or local law.
Unsolicited Bulk E-mail
Your Texasnonprofits® membership allows you to send and
receive e-mail to and from other Texasnonprofits® members
and users of the Internet. This does not mean that you may
use Texasnonprofits® to send unsolicited bulk e-mail or
junk e-mail. Your Texasnonprofits® membership and your
authorization to use the Texasnonprofits® e-mail service
do not allow you to send unsolicited bulk e-mail or to cause
unsolicited bulk e-mail to be sent by someone else. Any violation
of these provisions can subject your Texasnonprofits®
account to immediate termination and further legal action.
If you have received junk e-mail and want to report it, simply
contact us at info@texasnonprfofits.org.
Removal of Content
If the Social Responsibility Institute, is notified that Content,
information, or material placed or transmitted via its website
is actually or potentially infringing, defamatory, damaging,
illegal, offensive, or objectionable, including Content, information,
or material within the scope of the preceding paragraph, The
Social Responsibility Institute, will determine in its sole
discretion whether to remove or request the removal of the
offending Content from Texasnonprofits®. The Social Responsibility
Institute, may at any time, with or without cause, prohibit,
disclose or remove any Content, information, electronic communication,
or material received from another party, in order to (i) satisfy
any law, regulation, or government request; (ii) operate Texasnonprofits®,
as determined by The Social Responsibility Institute; or (iii)
protect the rights, interests, and property of the Social
Responsibility Institute, its users, or its providers.
Liability for Third-Party Content
We are a distributor and not a publisher of Content submitted
to us by third-parties. In other words, we do not maintain
any more editorial control over such Content than, for example,
a library or newsstand. Thus, any advice, opinions, communications,
expressions, statements, services, offers, information, or
other material, which are transmitted or displayed by third-parties
via Texasnonprofits®, are those of the author or distributor
from whom the Content was received, including without limitation
users, providers, or product manufacturers, and not of The
Social Responsibility Institute.
The Social Responsibility Instituteneither endorses, nor is
responsible for the accuracy, completeness, usefulness, or
reliability, of any statement or communication made on Texasnonprofits®
by any party other than The Social Responsibility Institute,
and its current representatives, agents, or employees. Under
no circumstances shall The Social Responsibility Institute
be liable for your reliance on information you obtain from
third parties via Texasnonprofits®. IT IS YOUR RESPONSIBILITY
TO MAKE SURE THAT SUCH INFORMATION IS CORRECT.
We do our best to keep the Content at Texasnonprofits®
clean and non-offensive. However, neither The Social Responsibility
Institute, nor the providers of Texasnonprofits® can ensure
prompt removal of harmful Content from our website. Accordingly,
The Social Responsibility Institute, assumes no liability
for any action or inaction with respect to the communications,
content, or conduct presented at Texasnonprofits®.
Please be aware that Texasnonprofits® contains links to
other websites. We have no control over the content, accuracy,
or opinions expressed on such websites. Thus, The Social Responsibility
Institute is NOT responsible for the content, informational
accuracy, or opinions of such Web sites. Inclusion of any
linked website in Texasnonprofits® does NOT imply approval
or endorsement of the linked website or its content by The
Social Responsibility Institute.
Privacy Policy
Under our privacy policy, we may disclose certain aggregate
information to third parties, but we will not disclose your
name, or any other personal identification information without
your prior consent, except as required by law or to protect
person or property. We do not knowingly solicit, collect,
store, or distribute personal information for children under
age 18. You are responsible for maintaining the confidentiality
of your password information. For a full description of the
privacy policies employed and observed at Texasnonprofits®,
including our commitment to preserving the privacy of children,
please see the Privacy Policy link on this site.
Termination of Use
The Social Responsibility Institute, has the sole discretion
to terminate or suspend a person's access to any part of Texasnonprofits®
at any time, with or without notice, for any conduct that
we believe is in violation of any law, is harmful to the interests
of another user, provider, product manufacturer, or The Social
Responsibility Institute, or is in violation of these Terms
and Conditions.
USER AGREES TO INDEMNIFY, DEFEND, AND HOLD THE Social Responsibility
Institute, HARMLESS FROM ANY LIABILITY, LOSS, CLAIM, AND EXPENSE,
INCLUDING ATTORNEY'S FEES, RELATED TO A USER'S VIOLATION OF
THESE TERMS AND CONDITIONS OF USE OR THE USE OF THE SERVICES
AND INFORMATION PROVIDED AT THIS WEB SITE.
Viruses
Computer viruses are a risk inherent in using the Internet
and its various sites. The Social Responsibility Institute,
shall NOT be responsible or liable in any way for any computer
viruses encountered or contracted by a person due to the use
of the Internet or Texasnonprofits®, or for the consequences
resulting from such virus.
Use of Texasnonprofits® by Children
At the Social Responsibility Institute, our policy is to refuse
to sell products via Texasnonprofits® to minors under
the age of 18, and not to collect personal information from
minors under 18. However, The Social Responsibility Institute
cannot prohibit children from visiting Texasnonprofits®.
We must rely on parents and guardians to keep children from
viewing content they believe is inappropriate. EACH TIME YOU
PURCHASE A PRODUCT FROM, OR GIVE PERSONAL INFORMATION TO,
TEXASNONPROFITS®, YOU ARE REPRESENTING THAT YOU ARE AN
ADULT OVER THE AGE OF 17. MISREPRESENTATION OF AGE MAY CAUSE
US TO DELETE YOUR ACCOUNT. You can read more about our privacy
policy for children in our Privacy Policy.
Sale of Memberships and Products at Texasnonprofits®
Our shopping technology allows customers to purchase memberships
and products from Texasnonprofits®. To find out more,
please read our Terms of Sale, located on this website.
Applicable Law
This site is owned and operated by The Social Responsibility
Institute, in the State of Texas. The laws of Texas and, where
applicable, the United States, shall govern the construction
and enforcement of these Terms and Conditions, without regard
to any principles of conflicts of laws. We reserve the right
to make changes to these Terms and Conditions at any time,
without notice. By using or visiting Texasnonprofits®,
you hereby irrevocably and unconditionally submit to the exclusive
jurisdiction of the courts of the State of Texas and of the
United States of America that are located in Bexar County
in the State of Texas, for any litigation arising out of or
relating to the use of Texasnonprofits® or purchases made
at Texasnonprofits®.
Severability
The provisions of these Terms and Conditions of Use are intended
to be severable. If, for any reason, any of the above provisions
should be found unenforceable or invalid in whole or in part,
in any jurisdiction, such provision be ineffective only to
the extent the determination of invalidity or unenforceability
in that jurisdiction. Any such determination shall not affect
the enforceability or validity of the remaining provisions.
By using Texasnonprofits® you ACKNOWLEDGE that these Terms
and Conditions of Use represent the entire understanding between
you and the Social Responsibility Institute, regarding the
use of Texasnonprofits®, and supersede any prior statements
or representations.
PLEASE NOTE: By using, joining or shopping at Texasnonprofits®
(www.txnp.org), you accept the preceding Terms and Conditions.
TERMS OF SALE AT TEXASNONPROFITS®
Thank you for deciding to purchase products at Texasnonprofits®.
Please read the following Terms of Sale very carefully. They
spell out your rights and obligations as our customer. They
contain important information about limitations, exclusions,
refunds, returns, and other concerns that you may have when
purchasing products at Texasnonprofits®.
For membership details, technical questions or other questions
you may email us at txnp@txnp.org, or call (800) 270-6830
anytime.
Your membership fee (billed annually or monthly) provides
access to certain areas of Texasnonprofits® depending
on your membership type. You may cancel your membership at
any time in writing. This correspondence may be sent to Texasnonprofits®,
P.O. Box 90509, San Antonio, Texas 78209. I understand that
I am responsible for all activities and charges under my Texasnonprofits®
account incurred by me or other authorized users.
TEXASNONPROFITS® MEMBER AGREEMENT CHARGES & BILLING
Texasnonprofits® reserves the right to change our fees
or billing methods at any time and Texasnonprofits® will
provide notice of any such change at least thirty days in
advance. Texasnonprofits® also has the right to collect
applicable taxes and impose surcharges for some areas of the
service. If you don't like the changes in fees or billing
methods, you may cancel your membership at any time, but Texasnonprofits®
will not refund any remaining portion of the monthly fee when
you cancel your membership.
As the master account holder, you are responsible for all
charges incurred, including applicable taxes and purchases
made by you or anyone you allow to use your account or sub-accounts,
including your children, other members of your family or friends.
This means that, unless your account or credit card information
is obtained unlawfully or fraudulently by someone other than
those authorized to use your account or sub-account, you will
be responsible for all usage and purchases under your account
or sub-accounts.
Most members pay by credit card. For most billing plans we
will be charging your designated card every month. If you
don't have a credit card, you can authorize Texasnonprofits®
to make electronic fund transfers from your checking account.
There is an additional surcharge for this payment option and
you may email us at txnp@txnp.org for information on this.
By selecting this billing option and providing Texasnonprofits®
with your debit/checking account information, you authorize
Texasnonprofits® to debit your checking account for charges
incurred using Texasnonprofits®. Every time you use Texasnonprofits®,
you re-affirm that Texasnonprofits® is authorized to charge
your credit card or withdraw funds via electronic transfer
from your checking account, depending on which payment method
you have selected. You also agree to authorize Texasnonprofits®
to charge purchases you make online to the credit card you
supplied to Texasnonprofits® when you joined or to debit
your checking account if you selected that option during the
registration process.
We expect you to pay your account balance on time. We will
give you 30 days from the date on your account statement to
pay your bill. Texasnonprofits® will assess an additional
1.5% (or the highest amount allowed by law, whichever is lower)
per month late charge if your payment is more than 30 days
past due. That amount is also due immediately. You are responsible
and liable for any fees, including attorney and collection
fees, that Texasnonprofits® may incur in its efforts to
collect any remaining balances from you. You also agree that
you will be billed for and will pay any outstanding balances
if you cancel your membership or are terminated. You should
let us know about any billing problems or discrepancies within
90 days after they first appear on your account statement.
If you do not bring them to Texasnonprofits® attention
within 90 days, you agree that you waive your right to dispute
such problems or discrepancies.
TERMINATION AND CANCELLATION
Either you or Texasnonprofits® may terminate or cancel
your membership at any time. You understand and agree that
the cancellation of your account is your sole right and remedy
with respect to any dispute with Texasnonprofits®. This
includes, but is not limited to, any dispute related to, or
arising out of: (1) any term of this Agreement or Texasnonprofits®
enforcement or application of this Agreement; (2) any policy
or practice of Texasnonprofits®, including Texasnonprofits®
Terms and Conditions of Use and the Texasnonprofits® Privacy
Policy, or Texasnonprofits® enforcement or application
of these policies; (3) the content available through Texasnonprofits®
or the Internet or any change in content provided through
Texasnonprofits®; (4) your ability to access and/or use
Texasnonprofits®; or (5) the amount or type of fees, surcharges,
applicable taxes, billing methods, or any change to the fees,
applicable taxes, surcharges or billing methods.
You can cancel your membership by delivering notice to Texasnonprofits®
Customer Service Department by sending your cancellation request
via US Mail to: Texasnonprofits®, PO Box 90509, San Antonio,
Texas 78209, or by fax at 1-210-822.3066. Cancellation will
take effect within 72 hours of receipt of your request, and
Texasnonprofits® will send you written confirmation. Texasnonprofits®
reserves the right to collect fees, surcharges or costs incurred
before you cancel your Texasnonprofits® membership.
In the event that your account is terminated or canceled,
no refund, including any membership fees, will be granted;
no online time or other credits (e.g., points in an online
game) will be credited to you or can be converted to cash
or other form of reimbursement. Active Texasnonprofits®
Members may not allow former Members or other agents whose
memberships have been terminated to use their accounts.
Any delinquent or unpaid accounts or accounts with unresolved
issues with Texasnonprofits® must be concluded before
you may re-register with Texasnonprofits®. Texasnonprofits®
may terminate or cancel your membership at any time. You understand
and agree that the cancellation of your account is your sole
right and remedy with respect to any dispute with Texasnonprofits®.
This includes, but is not limited to, any dispute related
to, or arising out of: (1) any term of this Agreement or Texasnonprofits®
enforcement or application of this Agreement; (2) any policy
or practice of Texasnonprofits®, including Texasnonprofits®
Terms and Conditions of Use and the Texasnonprofits® Privacy
Policy, or Texasnonprofits® enforcement or application
of these policies; (3) the content available through Texasnonprofits®
or the Internet or any change in content provided through
Texasnonprofits®; (4) your ability to access and/or use
Texasnonprofits®; or (5) the amount or type of fees, surcharges,
applicable taxes, billing methods, or any change to the fees,
applicable taxes, surcharges or billing methods.
WARRANTY
MEMBER EXPRESSLY AGREES THAT THE USE OF TEXASNONPROFITS®
AND THE INTERNET IS AT MEMBER'S SOLE RISK. TEXASNONPROFITS®,
TEXASNONPROFITS® PRODUCTS, THIRD-PARTY VIRUS CHECKING
TECHNOLOGY AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE"
FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION. TEXASNONPROFITS® PROVIDES THE TEXASNONPROFITS®
SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE
THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT
TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT TEXASNONPROFITS®
WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR
IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR SOLE AND EXCLUSIVE REMEDY
FOR ANY OTHER DISPUTE WITH TEXASNONPROFITS® IS THE CANCELLATION
OF YOUR ACCOUNT AS DETAILED BELOW. IN NO CASE SHALL TEXASNONPROFITS®
BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE
OF TEXASNONPROFITS®, THE INTERNET OR FOR ANY OTHER CLAIM
RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH TEXASNONPROFITS®.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, TEXASNONPROFITS®,
LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
TEXASNONPROFITS®, DOES NOT ENDORSE, WARRANT OR GUARANTEE
ANY PRODUCT OR SERVICE OFFERED THROUGH TEXASNONPROFITS®,
AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES.
Upon a request by Texasnonprofits®, you agree to defend,
indemnify and hold harmless Texasnonprofits® and its affiliated
subsidiaries, employees, contractors, officers, directors,
telecommunications providers and content providers from all
liabilities, claims and expenses, including attorneys fees,
that arise from a breach of this Member Agreement for which
you are responsible or from the use of Texasnonprofits®
or the Internet, or in connection with your transmission of
any Content on Texasnonprofits®. Texasnonprofits®
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by a Member. In that event, the member shall have no further
obligation to provide indemnification for Texasnonprofits®
in that matter.
