Terms of Service

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING TO SERVICES ON WWW.NPLIFTOFF.COM OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS.

These Terms encompass essential guidelines and legal provisions that govern your interaction with the Liftoff platform available at www.NPLiftoff.com, and any other affiliated websites (collectively referred to as the "Platform"), operated and maintained by Liftoff ("we," "our," "us"). At Liftoff, our mission is to empower and support nonprofit organizations in achieving their goals. By accessing, using, subscribing to, or making orders through our Website, you, the user, and your organization (including any associated members or users) agree to abide by the terms and conditions outlined herein. Carefully review and comprehend these Terms before proceeding.

THIS AGREEMENT IS LEGALLY BINDING.

These Terms, combined with our Privacy Statement, collectively form a legally binding agreement (the "Agreement") between you, your nonprofit organization ("You"), and Liftoff. This Agreement regulates your utilization of the Platform, the services provided by Liftoff, any orders placed through the Website or other accepted methods of purchase, and, where applicable, your use or attempted use of products or services made available on or through the Website. For your reference, we recommend printing and retaining a copy of this Agreement for your records.

Liftoff is committed to supporting your nonprofit's journey, but it is vital to understand that this commitment is subject to certain terms and conditions. If you do not agree to comply with these Terms in their entirety, you are not authorized to utilize the Platform or engage with our services in any capacity.

We are here to assist you in your nonprofit endeavors, and we appreciate your commitment to Liftoff.

SECTION 1 – Platform USE

At Liftoff, we are dedicated to providing valuable resources and services to support nonprofit organizations. To ensure a smooth and secure experience for all users, please take a moment to review the following terms and conditions, which govern your use of our website.

Age and Legal Capacity:

The Liftoff Platform is intended for adults who operate businesses. By accessing and using our Platform, you affirm that you are at least 18 years old or have reached the legal age of majority in your state or province of residence (whichever is greater). You also affirm that you operate a business, possess the legal capacity to enter into a binding contract with us, and have carefully read, understood, and agreed to the terms outlined in this Agreement. We understand that in some cases, individuals under the age of 18 may access our Platform. In such instances, by using our Platform, you confirm that your parent or guardian, who is at least 18 years old, has provided verifiable consent for your access and that they agree to these terms on your behalf.

SECTION 2 – Platform USER CONDUCT AND RESTRICTIONS - LICENSE TERMS

To foster a positive and secure online environment for all users, Liftoff has established specific guidelines for your conduct and the use of our Platform.

Intellectual Property:

Liftoff's Platform, including all its content, design elements, text, logos, images, and more, is protected by U.S. and international copyright, trademark, and intellectual property laws. No materials from the Website may be copied, reproduced, distributed, or transmitted in any manner without prior written consent. The trademarks and logos associated with Liftoff are proprietary and strictly prohibited from use without permission.

Limited License:

Provided you adhere strictly to these Terms, Liftoff grants you a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use our Platform. Please note that this license does not confer any ownership rights in the material protected by intellectual property laws.

Software License:

If you purchase a subscription to Liftoff's software, you are granted a revocable, limited, non-exclusive, and non-transferable license to use the software, subject to specific terms and conditions. You may not modify, publish, create derivative works, or infringe upon any copyright laws regarding the software.

Stock Photography or Stock Graphics:

If you opt to purchase the usage rights for an image from a stock photography website, such as Adobe Stock, Shutterstock, iStock, or any similar platform, and you access it through the Liftoff platform, you will receive a limited, non-exclusive, non-sublicensable, and non-transferable license from the respective stock photography website (e.g., Shutterstock). This license permits you to utilize the image(s) solely within the associated Liftoff account related to your purchase.

Please be aware that this license is contingent upon your compliance with both these Terms and the terms and conditions stipulated by the stock photography website, such as Shutterstock. It is essential to adhere to these terms diligently to maintain your rights to use the image(s).

Please note that under this license agreement, you are prohibited from:

Using the licensed image(s) within a shared funnel. Downloading the image(s) for use outside of the Liftoff platform. Employing the image(s) in any other Liftoff account apart from the one associated with the purchase. Failure to abide by any of the terms mentioned herein may result in an immediate termination of your rights to use the image(s) without prior notice.

Prohibited Actions:

Liftoff prohibits any unlawful or harmful use of the Platform or associated software, including but not limited to:

Use of the Platform in any way that violates any applicable law or regulation.
Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
Impersonating or attempting to impersonate Liftoff, a Liftoff employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform
Engaging in any conduct that would may, as determined by Liftoff, harm Platform users or Liftoff, or expose either to liability.
Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Liftoff’s prior written consent.
Use of any device, software or routine that interferes with the proper working of the Platform.
Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.
Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempting to interfere with the proper working of the Platform.

Additionally, Liftoff enforces stringent best practices for electronic communications, including compliance with anti-spam laws, maintaining privacy policies, and respecting recipient opt-out requests.

We expect you to conduct yourself in full compliance with all applicable laws, whether through Liftoff or other means.

In addition to the foregoing, Liftoff requires you to follow best practices when sending electronic communications:

Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.
Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not you control the sending of the electronic communications.
Include in each electronic communication a link to your then-current privacy policy applicable to that electronic communication.
Include in each electronic communication your valid physical mailing address or a link to that information.
Do not send electronic communications to addresses obtained from purchased or rented lists.
Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
Do not engage in spamming.
Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
Do not send to lists of addresses that are programmatically generated or scraped from the Internet.
Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.
Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing), direct to consumer pharmaceutical sales, and payday loans.

SECTION 3 - OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM AND YOUR PERSONAL INFORMATION

We highly value your privacy and are committed to safeguarding your non-public, personal information. Any submission of personal information via the Liftoff website is subject to our Privacy Statement.

To gain a comprehensive understanding of how we handle your personal information, please refer to our Privacy Statement, accessible at [Privacy Statement Link](insert your Privacy Statement link here), and our DPA, available at [DPA Link](insert your DPA link here). Please be aware that Liftoff reserves the right to make reasonable modifications to its Privacy Statement and DPA as necessary over time.

It is important to note that our Privacy Statement and DPA are integrated into and considered part of this Agreement by reference. Your privacy is of utmost importance to us, and we encourage you to review these documents to comprehend our data protection practices fully.

SECTION 4 - INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS

As a user of Liftoff, it is a requirement to establish an account with our platform. By creating an account, you affirm that the information you provide is accurate and truthful, and you guarantee that you are not assuming the identity of another individual. It is your responsibility to maintain the confidentiality of your password, which you use to access your Liftoff user account. You must not share, transfer, or disclose your password or username to any third party.

Furthermore, you are also responsible for safeguarding any proprietary or non-public information that may be shared with you as a Liftoff user. This information may include technical details, our pricing structure, business strategies, or data about other current or former Liftoff users and their customers.

Please note that the creation of "agency accounts" or accounts designed for hosting funnels on behalf of third parties is strictly prohibited. Liftoff reserves the right, based on our sole discretion and upon review of your usage data, to take appropriate action, which may include the cancellation of your user account or the application of enhanced pricing to your user account if it is determined that you are operating an agency account.

You bear full responsibility for all transactions and information exchanged with Liftoff through your user account. In the event of any unauthorized use of your username or password or any security breach related to your user account, you must promptly inform Liftoff. Liftoff shall not be held liable, and you agree to indemnify and protect Liftoff, for any losses or damages resulting from your failure to adhere to these obligations.

SECTION 5 - ORDER PLACEMENT AND ACCEPTANCE

When you place an order for a service or product with us, it is essential that payment is received before we can accept your order. In cases where there is missing or inaccurate information related to your order, we may request additional details or, at our discretion, cancel or restrict the order after it has been submitted. Please note that your receipt of an electronic order confirmation or any other form of confirmation does not signify our acceptance of your order.

To modify or cancel a pending order, you must promptly contact us at support@nonprofitliftoff.com. Please be aware that while we will make every effort to accommodate your request, we cannot guarantee that we will be able to amend your order according to your instructions.

All items are subject to availability, and if any product or service becomes unavailable, we will notify you of the expected availability date. In such cases, we may also offer you an alternative product or service. If the delay in availability is unsuitable, and you do not wish to substitute the product or service, we will, upon your request, cancel your order. If your payment card has already been charged, a full refund will be issued for that specific order.

We reserve the right to limit the sale of our products and services to specific individuals, geographic regions, or jurisdictions. This right may be exercised on a case-by-case basis at our sole discretion.

Please be reminded that your purchase of our products and services is contingent upon your re-affirmation of acceptance of this Agreement.

SECTION 6 - PAYMENTS

a. Fees: Your access to the Platform is contingent upon the punctual payment of all applicable Fees. Please be aware that Fees may undergo periodic changes. Every calendar month, your account will be charged up to the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). All Fees do not encompass Communication Surcharges, which you shall be responsible for in connection with your Platform usage. Communication Surcharges will be separately itemized on invoices. It's essential to note that all Fees and Communication Surcharges are nonrefundable. Fees will be charged to the credit card we have on record. Subscription Fees will be billed in advance of Services. You agree to furnish us with precise and comprehensive billing information, including your name, address, credit card details, and contact number. Additionally, you commit to notifying us within 10 days of any changes to this information.

b.Noncancellable Fees: Certain Service subscriptions may entail a noncancellable minimum subscription commitment, which cannot be terminated until the commitment period is met. Fees associated with these noncancellable minimum subscription commitments will continue to be automatically applied to your account until the minimum commitment is fulfilled.

c. Overdue Amounts: If your credit card payment is declined or fails to cover the amount owed for Services, we retain the right to suspend or terminate your Platform access and the delivery of Services. You may be required to settle any overdue Fees and other incurred amounts by alternate means acceptable to us. If legal action is needed to recover outstanding balances, you agree to reimburse us for all expenses incurred, including attorney fees and legal costs.

f.Payment Disputes: In the event that you wish to dispute any invoiced Fees or charges, you must notify us in writing within sixty (60) days from the billing date. During the dispute resolution process, you must continue to pay all invoiced Fees and charges. Failure to do so waives your right to pursue the dispute. In disputing Fees or charges, you must act reasonably, in good faith, and cooperate diligently with us to facilitate resolution. All determinations by Liftoff regarding your obligation to pay invoiced Fees and charges are considered final.

g.No Refunds or Credits: Unless otherwise specified, all Fees assessed by Liftoff are non-refundable. You are solely responsible for any excess Fees resulting from errors or omissions, whether by you or a third party. Liftoff does not issue Fee refunds or credits for such errors, omissions, or partially used or unused Platform or Services subscriptions. Liftoff reserves the right to grant or deny refunds or credits at its sole discretion, with its determination being final, except where required by law.

h.Cancellations: It is your responsibility to initiate the cancellation of Services linked to your account. You will be liable for all Fees incurred until the Services are properly canceled. No refunds will be provided for your failure to cancel Services associated with your account.

i.Your Responsibility For Financial Transactions: You bear full responsibility for all financial transactions conducted on the Platform or using the Services, including transactions enabled by billing tools provided by the Services. Regardless of the reason, you are exclusively accountable for all chargebacks arising from activities conducted by you or your customers.

Please review these terms thoroughly and promptly notify us of any questions or concerns regarding payment-related matters.

SECTION 7 -PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE LIFTOFF PLATFORM

Products, services, and pricing details for the Liftoff Platform, including Board Director, and Board Director Institute (BDI), are typically accessible at the following URL: [https://www.npliftoff.com/liftoff], [https://www.boarddirector.co/our-pricing/], and [https://www.boarddirectorinstitute.com/nonprofit-board-fundamentals], respectively. However, please be aware that these details may be subject to change periodically. Liftoff may also provide specific services or programs, such as the Board Director program ("Board Director"), and the Board Director Institute (BDI), each of which will be thoroughly described when offered but will nonetheless adhere to the terms set forth in this Agreement. Additionally, Liftoff may offer supplementary products and services through other websites owned or controlled by Liftoff, and these websites are also governed by the terms stated herein.

Liftoff, including Board Director and BDI, retains the right, without prior notice, to discontinue products or services or amend specifications and prices for products and services without incurring any obligation to you. Unless otherwise explicitly specified in these Terms, any alterations to subscription prices or the purchase of products or services will come into effect following email notification to you.

In the event that you enroll in the Board Director program or Board Director Institute (BDI), please be advised that the services do not encompass travel or lodging expenses. Any expenses associated with travel or lodging incurred by you shall be your sole responsibility and will be in addition to any program costs or fees. Furthermore, you acknowledge that the content provided as part of the Board Director program, Board Director Institute (BDI), including educational materials and information, is confidential and proprietary to Liftoff. As such, you agree not to share the teachings, materials, or other acquired information from the Board Director program, Board Director Institute (BDI), with any third party.

Price adjustments will be effective on the first day of the month following the posting of the price change. By accessing, using, subscribing to, or placing an order through the Liftoff Platform, Board Director, or Board Director Institute (BDI), you authorize Liftoff to charge your account for the specified value of the services you choose, including any future price revisions. In the event that you request a downgrade in services, the downgrade (along with the corresponding price reduction) will become effective on the first day of the month subsequent to your requested downgrade. Your continued use of Liftoff services, Board Director, or Board Director Institute (BDI), unless terminated as outlined herein, signifies your consent for Liftoff to charge your credit card on a monthly basis for the chosen products and services, even after email notifications of price changes have been provided to you.

Liftoff strives to take reasonable measures to ensure the accuracy of prices displayed on the Platform and to provide precise descriptions of available items. In cases where the correct price of a product or service is higher than the stated price, Liftoff, at its discretion, may either contact you for instructions or cancel your order, notifying you of such cancellation.

Please be aware that while ordering products or services, descriptions and references may not always be entirely accurate, complete, current, or error-free, and packaging may differ from the actual product received. All sales are considered final. Any descriptions or references to products or services not owned by Liftoff are not indicative of endorsement by Liftoff or constitute a warranty by Liftoff.

SECTION 8 -DISCLAIMER - YOUR NONPROFIT’S INDIVIDUAL RESULTS WILL VARY

Every nonprofit organization is distinctive, employing different strategic approaches and organizational structures, and offering a range of programs and services. Consequently, individual outcomes will differ among users. YOUR NONPROFIT’S INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR NONPROFIT, INCLUDING BUT NOT LIMITED TO YOUR MISSION, PROGRAMS, AND FUNDRAISING EFFORTS.

Liftoff does not promise, guarantee, or warrant your nonprofit’s success, income, or achievements. You understand and acknowledge that Liftoff will not provide leads or referrals to your nonprofit. Nonprofits that utilize our products or services will gain access to software and tools designed to enhance their online presence and assist with their respective programs and fundraising efforts. However, we do not assure the success of your nonprofit, and based on numerous factors that we cannot control, the software and tools we provide may or may not be suitable for your specific nonprofit. Additionally, we do not make claims regarding earnings, efforts, return on investment, or assertions that our software, tools, or other offerings will generate a specific amount of revenue for your nonprofit. It is possible that you may not recoup your investment. We do not offer a "get rich quick" program, a guaranteed system, or a one-size-fits-all solution. You should not purchase our products or services with such expectations. Instead, you should make your purchase with the understanding that utilizing the information and software purchased will require time and effort and may be applicable in some situations but not in others. Furthermore, we do not provide tax, accounting, financial, or legal advice. For advice on these matters, you should consult your nonprofit's accountant, attorney, or financial advisor.

SECTION 9 -DISCLAIMER -YOUR RESPONSIBILITIES IN RUNNING YOUR NONPROFIT

In the operation of your nonprofit organization, you are responsible for adhering to the following guidelines and fulfilling these responsibilities:

a.Nonprofit Compliance: You must ensure that your nonprofit complies with all relevant laws and regulations governing nonprofit organizations in your jurisdiction, including but not limited to tax-exempt status, reporting requirements, and fundraising regulations.

b.Mission Alignment: Your nonprofit's activities, programs, and initiatives should align with its stated mission and purpose, ensuring that your organization remains focused on its intended goals.

c.Financial Responsibility: You are accountable for the financial management of your nonprofit, including budgeting, financial reporting, and ensuring that funds are used for their intended charitable purposes.

d.Transparency: Maintain transparency by providing clear and accurate information about your nonprofit's activities, financial health, and impact to your stakeholders, including donors, volunteers, and the public.

e.Donor Stewardship: Treat donors and supporters with respect and gratitude, and ensure that their contributions are used in accordance with their intentions.

f.Board Governance: If applicable, establish and maintain an effective board of directors or trustees, ensuring that they fulfill their fiduciary duties and provide oversight for your nonprofit's operations.

g.Fundraising Ethics: Conduct fundraising activities in an ethical and responsible manner, adhering to the highest standards of fundraising ethics and donor privacy.

h.Program Effectiveness: Continuously assess and improve the effectiveness of your nonprofit's programs and services, measuring their impact and outcomes.

i.Compliance with Liftoff Terms: Adhere to the terms and conditions set forth by Liftoff, including payment obligations, ethical conduct, and responsible use of our platform and services.

j.Legal and Regulatory Obligations: Comply with all applicable laws and regulations related to nonprofits, including but not limited to employment laws, intellectual property rights, and data protection.

k.Ethical Conduct: Uphold the highest standards of ethical conduct in all interactions related to your nonprofit, including with beneficiaries, staff, volunteers, and partners.

l.Accountability: Take responsibility for your nonprofit's actions and decisions, and be prepared to address any concerns or issues that may arise.

By using Liftoff's platform and services, you agree to uphold these responsibilities and conduct your nonprofit's operations with integrity, transparency, and a commitment to your mission. Failure to fulfill these responsibilities may result in the termination of your access to our platform and services.

SECTION 10 -DISCLAIMERS OF OTHER WARRANTIES

Subject to any legal restrictions or prohibitions:

THE LIFTOFF PLATFORM AND ALL ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION ON THIS PLATFORM. WE DO NOT REPRESENT OR WARRANT, AND EXPLICITLY DISCLAIM THAT: (A) THE USE OF THE PLATFORM OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR OPERATE SEAMLESSLY WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) THE PLATFORM, SOFTWARE, OR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIALS ACQUIRED THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

USERS OF THE PLATFORM THAT ARE IN BETA TESTING STAGE OR A SIMILAR PRE-LAUNCH OR TRIAL STAGE EXPRESSLY ACKNOWLEDGE THAT THE SECURITY PROTOCOLS OF THE BETA-STAGE PLATFORM MAY BE INADEQUATE OR NOT FULLY VETTED BY US. BY USING ANY OF OUR PLATFORMS IN BETA STAGE, YOU ASSUME THE FULL RISK OF ANY DATA BREACHES AND HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LIFTOFF FOR ALL CLAIMS AND DISPUTES ARISING FROM SUCH BETA-STAGE USAGE BY YOU.

SECTION 11 -LIMITATIONS OF LIABILITIES AND DISPUTE RESOLUTION

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL LIFTOFF OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING THE PRIVACY STATEMENT AND DPA, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE PLATFORM OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER LIFTOFF HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL LIFTOFF’S LIABILITY TO YOU OR YOUR NONPROFIT ORGANIZATION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO LIFTOFF FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST LIFTOFF OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.

DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR NONPROFIT ORGANIZATION'S RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR NONPROFIT ORGANIZATION AGREE THAT ANY CLAIM THAT YOU OR YOUR NONPROFIT ORGANIZATION MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR NONPROFIT ORGANIZATION ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR NONPROFIT ORGANIZATION WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR NONPROFIT ORGANIZATION MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at [insert contact email] to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Platform, any product, service, or software, these Terms, the Privacy Statement, the DPA, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your nonprofit organization will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Ada County, Idaho, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, the DPA, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Liftoff.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and Liftoff agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class-wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Liftoff expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the one hundred and twenty (120) day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with Liftoff, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR NONPROFIT ORGANIZATION WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 12 -INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Liftoff, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent organizations, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to:

1) Your use, misuse, or attempt to use the Liftoff Platform, software, products, or services. 2) Information you submit or transmit through the Liftoff Platform. 3) Your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement. 4) Your violation of any law or the rights of a third-party.

SECTION 13 -NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT

If you believe that materials or content available on the Liftoff Platform infringes any copyright you own, you or your agent may send Liftoff a notice requesting the removal of such materials or content from the platform. In the event that you believe someone has wrongly filed a notice of copyright infringement against you, you may send Liftoff a counter-notice. Notices and counter-notices should be directed to Liftoff, Attention Legal Department at1 Caldwell Lane, Avondale, PA 19311.

SECTION 14-THIRD-PARTY LINKS

The Liftoff Platform may include links to external websites. Liftoff does not accept responsibility for the content or functionality of any website not operated by Liftoff that is linked from our platform. For further information, please refer to our Privacy Statement.

SECTION 15-TERMINATION

This Agreement becomes effective (or re-establishes its effect) when you click on buttons like "ACTIVATE MY ACCOUNT NOW," "PAY NOW," "ORDER NOW," "SUBMIT," "BUY NOW," "PURCHASE," "I ACCEPT," "I AGREE," or similar links, or when you submit information through the Website, respond to a request for information, initiate installation, access, or use of the Website, complete a purchase, choose a payment method, or provide payment information, whichever occurs first. If, at our sole discretion, you fail to comply with any terms or provisions of this Agreement or violate any laws, whether related to your use of Liftoff or otherwise, we may terminate this Agreement or suspend your access to the Liftoff Platform without prior notice. All Sections of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, will continue to be in effect after the termination of this Agreement or your account or relationship with Liftoff. Upon termination, you are still responsible for any outstanding payments to Liftoff.

SECTION 16-FORCE MAJEURE

Liftoff may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Liftoffs’ (or its assigns’) express written consent.

SECTION 17-ASSIGNMENT

SECTION 18-ENTIRE AGREEMENT

These Terms, along with the Privacy Statement, and any policies or operating rules that we post on the Liftoff Platform or related to it, form the complete agreement and understanding between your nonprofit organization and Liftoff. These terms govern your access to and use of the Liftoff Platform, as well as your ordering, purchasing, and use of any services or products, including any attempts to use them. This agreement replaces and supersedes any previous or contemporaneous agreements, representations, communications, and proposals, whether they were oral or written, between your nonprofit organization and Liftoff. If we introduce new services or features through the Liftoff Platform in the future, those additions will also be subject to this Agreement, as well as any policies or operating rules we post on the platform. Any uncertainties in the interpretation of these Terms or the Agreement will not be construed against the party that drafted them. If we provide translations of these Terms to you, they are for convenience only, and the English language version of these Terms will be the governing version.

*We are committed to empowering nonprofits to achieve their financial goals, including reaching million-dollar revenues. However, it's important to note that success in fundraising and revenue generation can vary widely depending on numerous factors, including the nonprofit's specific mission, strategy, and external economic conditions. While we provide valuable guidance and support, we do not guarantee or imply a particular financial outcome. It's crucial for nonprofit organizations to actively involve their founders, boards, and stakeholders in the decision-making process and take proactive steps to maximize their financial potential. Nonprofit success often relies on the dedication and collaborative efforts of the organization's leadership and supporters. Terms of Use | Privacy

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