Skip to content

Terms of Use ‐ ASCENDynamics NFP Collaborative Nonprofit Network (CNN)

Marcin Ufniarz edited this page Dec 7, 2023 · 1 revision

1. Introduction

Purpose of the Document

This Terms of Use document ("Terms") serves as a binding agreement between ASCENDynamics NFP Collaborative Nonprofit Network ("ASCENDynamics," "we," "us," or "our") and you, the user ("User," "you," or "your"). This document outlines the rules, guidelines, and conditions under which you may access and use our platform and its associated services. The purpose of these Terms is to ensure a clear understanding of the mutual responsibilities and to maintain a safe, respectful, and legally compliant environment for all users. By accessing and using our platform, you agree to comply with these Terms, which are designed to promote positive and productive interactions within our community.

Acceptance of Terms

By registering for an account, accessing, or using our platform in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use or access our platform. Your continued use of the platform will be deemed as acceptance of any amended or updated Terms.

2. User Eligibility

Age Requirement

To create an account and engage with the ASCENDynamics platform, you must be at least 18 years of age. By agreeing to these Terms, you represent and warrant that you are of legal age to form a binding contract with ASCENDynamics. If you are not of legal age, you must not access or use the platform.

User Representation

When creating an account and using our platform, you agree to: (1) provide accurate, truthful, current, and complete information about yourself as prompted by our registration forms ("Registration Data"); and (2) maintain and promptly update the Registration Data to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our platform.

3. User Account and Responsibilities

Account Creation

To access the full features of the ASCENDynamics platform, you must create an account. Account creation involves the following steps:

  • Registration: Complete the registration form by providing required information, including but not limited to your name, email address, and password.
  • Verification: Depending on the platform's requirements, you may need to verify your email address or phone number to confirm your identity.
  • Profile Setup: You may be prompted to set up a user profile, which could include additional personal details, preferences, and areas of interest.

Account Responsibilities

As a user of the ASCENDynamics platform, you are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to:

  • Secure Your Account: Take reasonable steps to protect your account information from unauthorized access.
  • Notify of Unauthorized Use: Immediately notify ASCENDynamics of any unauthorized use of your account or any other breach of security.
  • Account Conduct: Ensure that your use of the account complies with these Terms and all applicable laws and regulations.

4. Prohibited Activities

List of Prohibited Activities

While using the ASCENDynamics platform, the following activities are strictly prohibited:

  • Illegal Activities: Engaging in illegal activities or promoting criminal actions.
  • Harassment and Abuse: Harassing, bullying, or threatening other users, or promoting violence or harm.
  • False Information: Knowingly disseminating false or misleading information.
  • Infringement of Rights: Violating the intellectual property rights of others.
  • Spamming: Sending unsolicited messages or spam.
  • Hacking and Unauthorized Access: Attempting to gain unauthorized access to other user accounts or the platform's systems.
  • Other Disruptive Behaviors: Engaging in any other activity that disrupts the platform's operation or harms other users.

Consequences of Violating Rules

Violation of these rules may result in a range of actions taken by ASCENDynamics, depending on the severity and nature of the violation. These actions include, but are not limited to:

  • Warning: Issuing a warning to the offending user.
  • Temporary Suspension: Temporarily suspending the user's access to the platform.
  • Permanent Ban: Permanently banning the user from the platform.
  • Legal Action: Initiating legal proceedings if the violation constitutes a criminal offense or causes significant harm to ASCENDynamics or its users.

5. Content Ownership and Use

User-Generated Content

  • Posting Guidelines: Users are encouraged to share, post, and create content that is beneficial to the community. However, all user-generated content must comply with our platform's standards, which prohibit offensive, harmful, or illegal content.
  • Responsibility for Content: You are solely responsible for the content you post, including its legality, reliability, and appropriateness. ASCENDynamics NFP does not claim ownership of the content you provide and post on the platform.
  • License to Use: By posting content on the ASCENDynamics platform, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, modify, display, and distribute your content in connection with the platform's services. This license is solely for the purpose of operating, promoting, and improving our services.

Intellectual Property Rights

  • Respect for Intellectual Property: Users must respect the intellectual property rights of others. Content that infringes upon the copyrights, trademarks, patents, or other intellectual property rights of any person or entity is strictly prohibited.
  • Copyright Complaints: ASCENDynamics adheres to appropriate legal procedures for addressing allegations of copyright infringement in accordance with applicable copyright laws.
  • Content Removal: We reserve the right to remove or disable access to any content that is found to be in violation of these Terms or infringing on intellectual property rights.

6. Privacy and Data Protection

Data Collection and Use

  • Collection of Information: The ASCENDynamics platform collects various types of information from its users, including personal identification information, usage data, and other relevant data necessary for the effective operation of the service.
  • Use of Data: The collected data is used for purposes such as providing and maintaining the service, identifying and communicating with users, responding to user requests/inquiries, improving our services, and enforcing our Terms of Use.
  • Data Sharing: We do not sell or rent user data to third parties. Data may be shared with third parties only when necessary for the provision of our services, compliance with the law, or protection of our rights.

User Privacy

  • Commitment to Privacy: Protecting user privacy is a top priority for ASCENDynamics. We implement a variety of security measures to maintain the safety of your personal information.
  • Access to Information: Users have the right to access, update, or delete the personal information we hold about them.
  • Changes to Privacy Practices: If any changes are made to our privacy practices, users will be notified through the platform or via email, as appropriate.

7. Disclaimers

No Warranties

  • "As Is" Basis: The ASCENDynamics platform and all content, materials, information, services, and products available through the platform, including, but not limited to, software, are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.
  • Disclaimer of Warranties: ASCENDynamics expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the platform will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected.

Accuracy of Information

  • No Guarantee of Accuracy: While ASCENDynamics strives to provide accurate and up-to-date information, we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information on the platform. The use of the platform and its content is at your own risk.
  • User Responsibility: Users are responsible for verifying the accuracy of information before relying on it. We are not responsible for any decisions made based on the information provided on the platform.

8. Limitation of Liability

Limitations

  • Scope of Liability: To the fullest extent permitted by law, ASCENDynamics shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if ASCENDynamics has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the platform; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the platform; or (iv) any other matter relating to the platform.
  • Cap on Liability: In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, ASCENDynamics' liability is limited to the greatest extent permitted by law.
  • User Acknowledgement: By using the platform, you acknowledge and agree that the limitations of liability set forth in this section are fundamental elements of the basis of the bargain between ASCENDynamics and you, and the platform would not be provided without such limitations.

9. Modification of Terms

Right to Modify Terms

  • Reserve of Rights: ASCENDynamics reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms periodically for changes.
  • Notification of Changes: Changes to the Terms will be effective immediately upon posting on the platform unless we specify otherwise. We will make reasonable efforts to notify users of significant changes through the platform interface, email notification, or other reasonable means.
  • Acceptance of Revised Terms: Your continued use of the platform following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the amended terms, you must stop using the platform.

10. Termination of Service

Termination by Platform

  • Circumstances for Termination: ASCENDynamics may terminate or suspend your access to the platform and your account at any time, without notice, in our sole discretion, for any reason, including but not limited to a breach of these Terms.
  • Effect of Termination: Upon termination, your right to use the platform will immediately cease. If your account is terminated, you may no longer have access to data, messages, files, and other material you keep on the platform.
  • Survival of Terms: Termination of your account does not affect the applicability of those sections of these Terms that are intended to survive termination.

Termination by User

  • User-Initiated Termination: You may terminate your account at any time through the account settings feature on the platform or by contacting our support team.
  • Responsibility for Activities Pre-Termination: Termination of your account is your sole right and remedy with respect to any dispute with us regarding the platform or these Terms. Upon termination of your account, you remain liable for all activities conducted through your account prior to termination.

11. Governing Law and Dispute Resolution

Jurisdiction

  • Applicable Law: These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Illinois, United States.
  • Jurisdiction for Disputes: Any disputes arising out of or in connection with these Terms or the use of the ASCENDynamics platform shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Illinois, United States.

Dispute Resolution

  • Informal Resolution: Before filing a claim against ASCENDynamics, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email.
  • Formal Legal Action: If the dispute is not resolved within a specified period after submission (e.g., 60 days), either party may initiate formal proceedings.
  • Alternative Dispute Resolution: ASCENDynamics may offer the option of resolving disputes through binding arbitration or small claims court, instead of in courts of general jurisdiction.

12. International Use

International Laws

  • Compliance with Local Laws: The ASCENDynamics platform is controlled and operated from our facilities in the United States. We make no representations that the platform is appropriate or available for use in other locations. Those who access or use the platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. You should not use the platform in a manner prohibited by law.

13. Miscellaneous

Severability

  • Validity of Remaining Provisions: If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable while maintaining its intent as closely as possible. If such modification is not possible, the provision shall be severed from these Terms. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.

Entire Agreement

  • Complete Understanding: These Terms, together with any amendments and any additional agreements you may enter into with ASCENDynamics in connection with the platform, shall constitute the entire agreement between you and ASCENDynamics concerning the platform. These Terms supersede and replace any prior agreements or understandings between you and ASCENDynamics regarding the platform.
  • No Oral Modifications: No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by the authorized representative of ASCENDynamics. Any oral agreement or arrangement made between you and any employee or representative of ASCENDynamics shall not be considered a modification or a waiver of these Terms.

14. Contact Information

Contact Details

  • General Inquiries: For any questions or concerns regarding these Terms of Use or any other aspects of your experience with the ASCENDynamics platform, please contact us at:
  • Support Hours: Our support team is available Monday, Wednesday Friday, 9 AM to 5 PM CST.
  • Response Time: We aim to respond to all inquiries within one week during our regular business hours.
  • Additional Support: For more immediate assistance, please visit our Slack community.

15. Acknowledgement and Acceptance of Terms

User Acknowledgement

  • Agreement to Terms: By creating an account, accessing, or using the ASCENDynamics platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any future amendments and additions to these Terms as published from time to time on the platform.
  • Informed Consent: You acknowledge that you have been given the opportunity to discuss any questions or concerns about these Terms with ASCENDynamics representatives prior to acceptance.
  • Continued Acceptance: Your continued use of the platform after any modifications or updates to these Terms are made will constitute your acceptance of such changes and agreement to be bound by the updated Terms.
  • Legal Capacity: You affirm that you are of legal age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Clone this wiki locally