Terms and Conditions
By visiting nonprofitaccountingacademy.com, you are agreeing to these Terms and Conditions which apply to all site visitors, potential clients, and all other users of the site. We reserve the right to modify these terms at any time.
The terms “we”, “us”, and “our” refer to Schulz & Wilson, LLC, hereinafter “Nonprofit Accounting Academy.” The term “Site” refers to nonprofitaccountingacademy.com.
The term “user,” “you” and “your” refers to site visitors, potential clients, and any other users of the site. The term “Service” refers to information we provide to permit you to learn more about our firm and our services, as well as information about nonprofit accounting, nonprofit financial management and general nonprofit business management.
NO PROFESSIONAL ADVICE
All products and services made available on this Site are for educational and informational purposes only. Nothing on this Site or any of our content or curriculum is a promise or guarantee of results or future earnings or performance. We do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced on this Site are for illustrative purposes only and should not be considered promises for actual or future performance.
The information contained in or made available through this Site (including but not limited to information contained on message boards, pdf files, or chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, psychological, insurance, fund development, human resources or legal matters. No user of this Site should act, or refrain from acting, on the basis of information included on nonprofitaccountingacademy.com without first consulting the appropriate CPA, attorney, or other appropriate licensed professional in the relevant jurisdiction.
We and our licensors or suppliers make no representations or warranties concerning any action by any person following the information offered or provided within or through this Site. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
You alone are responsible and accountable for your decisions, actions and results in life, and by your use of this Site, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstances.
LINKS AND EMAIL ADDRESSES
Links posted on this website to other websites are provided only as a convenience. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Nonprofit Accounting Academy. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You shall not post or transmit through the Site any material which violates or infringes upon the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
The information presented on nonprofitaccountingacademy.com is provided “as is” and “as available,” without representation or warranty of any kind. Nonprofit Accounting Academy does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary or any other damages arising out of your use of the Site or Service. Additionally, Nonprofit Accounting Academy is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Nonprofit Accounting Academy has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Nonprofit Accounting Academy’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Nonprofit Accounting Academy, and if no purchase has been made by you Nonprofit Accounting Academy’s cumulative liability to you shall not exceed $100.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Nonprofit Accounting Academy including, without limitation, the Nonprofit Accounting Academy logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Nonprofit Accounting Academy pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by Nonprofit Accounting Academy shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Nonprofit Accounting Academy
633 Buckminster Circle
Orlando, FL 32803
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of Florida as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Orange County, Florida. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you, accept upon approval by Nonprofit Accounting Academy. Any transfer, assignment, delegation or sublicense by you is invalid.
Updated: April 2017