EXPERT GUIDANCE FOR NON-PROFITS
Delivering strategies to strengthen donor relationships and increase fundraising performance.
 
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Subscription Agreement

Purpose

Achieve LLC ("ACHIEVE", "we", and “us"), provides consulting services, information and materials (“SERVICE AND MATERIALS”) through its website (WEBSITE) to assist nonprofit organizations in their organization and fundraising activities.  To gain access to SERVICES AND/OR MATERIALS you (“you” and the “SUBSCRIBER”) must complete the registration process and accept the terms of this Agreement including our Standard Terms and Conditions (available from this page of our WEBSITE and incorporated by reference into this Agreement).  Please read this Agreement carefully, as it details our complete understanding of the use of our WEBSITE and access to SERVICES AND/OR MATERIALS.

Obligations of SUBSCRIBER

Upon payment of your subscription fee and executing this Agreement, you agree to only access and utilize SERVICES AND/OR MATERIALS to facilitate your organization’s formation and fundraising activities and you agree to honor any copyright and/or trademark rights evident from an inspection of the materials available at our WESITE and not to copy or otherwise reproduce any protected material made available.  Forms and/or other materials available on our WEBSITE and not marked with a copyright designation may be copied, reproduced and otherwise utilized to facilitate your formation and fundraising activities.  However, you also agree that no materials available from our WEBSITE will be provided or otherwise made available to a third party who might reasonably be identified as a competitor of ACHIEVE or who provides any of the kinds of SERVICES AND/OR MATERIALS provided by ACHIEVE.  

Terms of WEBSITE Registration

This Agreement becomes effective upon your completed and accepted registration with our WEBSITE and receipt of the registration fee. Once in effect, this Agreement will continue in operation until its term expires without renewal or the Agreement is terminated by either you or us.  We reserve the right to change the materials available at our WEBSITE from time to time as additional materials become available. We also reserve the right to refuse service to any individual or organization for any reason, including suspicion that the party condones, promotes or engages in practices suspected to be illegal, unethical, or discriminatory.
 
Termination of this Agreement

Either party may terminate this Agreement for any reason by providing 30 days written notice of the intent to terminate the Agreement and the date it will be terminated. 

Licenses and WEBSITE Access

Certain limitations and restrictions apply to the licenses and rights granted under this Agreement. You acknowledge that these licenses and rights, which include access to our WEBSITE and use of materials provided therein may be exercised only by you, your employees and agents (e.g., volunteers) acting on your behalf, and that these licenses and rights may not be assigned to any other person or entity or used on another's behalf. You understand that you remain solely responsible for all conduct of your employees and agents and for their absolute compliance to all terms of this Agreement.

You acknowledge that ACHIEVE owns the WEBSITE, and that all associated intellectual property rights, and all rights that are not expressly granted to you by this Agreement are expressly reserved by us and/or any 3rd party licensor from whom such transferable rights have been obtained.  Our software and any non-public aspects of our WEBSITE are confidential and considered proprietary information of ACHIEVE, and you agree not to disclose or distribute such information to others.

General

Generally, any notices given by us under this Agreement will be sent to the email address as specified in your registration with our WEBSITE and is considered effective written notice as of the date sent. If you fail to provide or update valid contact information, you waive your right to receive notices under this Agreement during the period of such failure. Additionally, any notices given by us to participants may be posted on any area of the WEBSITE and considered effective as of the date posted.

This Agreement represents the entire agreement between you and ACHIEVE and supersedes any and all prior negotiations, understandings and agreements between you and us. As a SUBSCRIBER to our services, you agree to all requirements, policies and conditions set forth in this Agreement, together with other documents incorporated herein by reference.  No agreement between the parties has been completed unless and until the terms of this Agreement has been accepted by a qualified representative of the SUBSCRIBER as required below.  

You agreed that both ACHIEVE and you are acting as independent parties, and that nothing in this Agreement creates or implies the creation of any legal entity, including, but not limited to, a partnership, joint venture, employer-employee relationship, or agency relationship.

All terms and provisions of this Agreement shall be governed by the laws of the state of Indiana. 

Standard Terms and Conditions

Warranty

All information, materials, and forms available at the WEBSITE defined in a Subscription Agreement, including any downloadable tools and source materials, are provided on an "as is" basis. Achieve LLC ("ACHIEVE", "we", and “us") make no other representations or warranties of any kind, express or implied, under a Subscription Agreement, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, title, non-infringement, data accuracy, system integration, or on the basis of trade usage, course of dealing, course of trade or course of conduct.  Further we make no representations or warranties regarding the performance, efficiency or availability (including "uptime" or "downtime") of our own WEBSITE or available software, or that of third-party providers, or that our services and components will be uninterrupted or error-free, will operate as expected, or will meet a SUBSCRIBERS particular needs or purposes. Finally, we do not make any representations or warranties regarding legal requirements to which a SUBSCRIBER or its organization may be subject

Liability

ACHIEVE is not liable for any damages of any kind, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with a Subscription Agreement and/or any services and/or materials provided under that Agreement.  Specifically, we disclaim liability for any damages connected to denied registration, the actions and consequences of third-parties (e.g., volunteers) performing services on a SUBSCRIBER’S behalf, and all transactions and interactions, monetary and personal, entered into or neglected between a SUBSCRIBER (defined in the Subscription Agreement) and a third party or between a SUBSCRIBER and our personnel.  

Indemnity

A SUBSCRIBER agrees to indemnify and hold ACHIEVE and its affiliates harmless (and their respective employees, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including attorneys' fees) arising out of any claim that relates to any actual or alleged breach of representations, warranties, or obligations defined in a Subscription Agreement and any losses resulting from failure of any downloaded programming and/or files, regardless of circumstance.