Terms of Service

The Fine Print

Hi, Tribe!

I’m Mary, a nonprofit professional and all around do-gooder. I am here to help you do good, well. I’m here to create a tribe for nonprofit organizations and staff to be successful by providing resources, encouragement, news, and strategies. Part of my ethic includes radical transparency, and I believe integrity is vital to nonprofit success. Therefore, I promise to be fully transparent with you, my reader. You can’t talk the talk if you don’t walk the walk, right? As such, here’s a bunch of fine print you should review. Please note, as with most Terms of Service, it’s extensive. I hope you like to read!

Affiliate Disclosures:

Per FTC regulations I would like to let you know that I do have affiliate links throughout this blog. These links provide me with a small percentage of commission but do not cost you anything extra.

I am a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

Privacy Policy:

When you join the tribe and share your information with me, I will use it responsibly and guard it carefully (just as I would a donor’s information). I will not send you spam, but I will keep in touch with you. You may change your preferences or unsubscribe at any time. If you have any questions or concerns, please email me at mary@benevolencetribe.com.

Terms of Service:

Welcome to Benevolence Tribe located at “benevolencetribe.com,” which is owned by Mary Yearwood. Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page.

These Terms are effective as of September 1, 2018.

Content Management:

All contents of this website are © 2018 Benevolence Tribe and protected under U.S. copyright laws. All rights reserved.

Children’s Online Privacy Protection Act:

Benevolence is for all ages, but the Benevolence Tribe website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the website. I do not knowingly collect personal information from children under 13. If you are under 13, please do not provide any information on this website or on or through any of its features, subscribe to newsletters, opt-in freebies, make any payments through, use any of the interactive or public comment features of this website or provide any information about yourself to Benevolence Tribe, including your name, address, telephone number, email address, or any screen name or user name you may use.

If I determine that I have inadvertently collected or received personal information from a child under age 13 without verification of parental consent, I will delete that information. If you believe I might have any information from or about a child under 13, please contact me at mary@benevolencetribe.com. Benevolence Tribe is committed to complying with the Children’s Online Privacy Protection Act (COPPA). Schools and parents should supervise children’s online activities and consider the use of other means to provide a child-friendly online environment. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov.

If you are living in the EU and are under the age of 16, it is required by law that you obtain consent from your parents before subscribing to any email list. Please ensure that you get permission before subscribing or providing your personal information.

Online Payments:

For your convenience, Benevolence Tribe allows you to make payments for digital downloads, products, trainings, consulting, and services via an online portal. We have engaged third-party service providers to perform many of the services related to payment processing, including card processing, identity verification, fraud analysis and regulatory compliance. Benevolence Tribe currently partners with PayPal to facilitate easy-to-use credit card and bank account payments. Thus, the company may share your personal or transactional information with this third-party service provider when it is necessary to process payments. Information about PayPal can be found at: www.paypal.com. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, please reach out to that third-party provider directly.

External Links:

As a convenience to you, I may provide links to web sites and access to content, products and services of third parties, including without limitation, affiliates and strategic partners and other entities. You should refer to the separate terms of use, privacy policies, and other notices posted on such sites before you use them. Some of those links contain trackable cookies, which means that website owner will know that their website has shown up in your website browser more than once. And they may know that you visited this website before you visited their website.

Benevolence Tribe does not author, edit or monitor these linked sites, and is not responsible or liable for (a) the availability of or content provided on such linked sites, nor does inclusion of any link imply endorsement of the linked sites by Benevolence Tribe or vice versa; (b) third party content accessible through such linked sites; (c) any loss or damage whatsoever you may incur from dealing with any linked site; or (d) your dealings with any third parties found on or through this website, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such linked sites, third party services, and your correspondence or business dealings with third parties found on or through this website.

Data Protection: What Do We Do With Your Personal Data?

Main Uses of Your Data:

This section of the Benevolence Tribe Terms of Service describes the things that Benevolence Tribe does with your data which relate directly to your use of the website and the associated products and services. They are the things that we hope you would expect us to do with your information. We will use your information:

  • to provide you with information and products available from or through Benevolence Tribe; and

  • to contact you for your views on our services, occasionally notify you about important changes to our Terms of Use or this Policy or developments to this Site or our services.

Technical Uses:

This section of the policy describes the things that I do with your data that arise from the monitoring of the Benevolence Tribe website and the collection of your information incurred while you are using this site. We may use this information:

  • to identify patterns that we can use in our marketing strategy and to help us develop, administer, support, and improve our offerings, services, and marketing;

  • to conduct reviews that assist us in the improvement and optimization of the Benevolence Tribe website;

  • to ensure that content from the Benevolence Tribe website is presented in the most effective manner for you, your computer, and your mobile devices;

  • to administer the Benevolence Tribe website and for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes; and

  • as part of my efforts to keep the Benevolence Tribe website safe and secure.

We may combine technical information with other information that we have about you to help us with our processing of your information as described in this policy.

Use of your Data for Marketing and Communications:

When you join the tribe, which is not required for use of this website, Benevolence Tribe may use personal information, like your email address, social media handles, or other contact information that you share, to provide marketing messages to you or allow us or third parties to communicate with you on third party services. We will always seek your consent before doing so and you can opt out of marketing and other communications at any time. You can always make use of the Benevolence Tribe website without opting-in to such marketing. The types of things that Benevolence Tribe may do include:

  • providing direct marketing advertisements and communications to you via email, text, social media direct message, social media “tagging,” telephone, via our selected third parties, or through other means;

  • making suggestions and recommendations about goods or services that may interest you;

  • communicating with you on third party social media platforms and sharing your information with that social media platform;

  • monitoring the effectiveness of our direct marketing communications and your responses to it.

Who Has Access to Your Personal Data?:

Benevolence Tribe retains access to all personal information that we have collected from you or about you. Certain partners and email marketing companies also retain some of the data (for example your name and email are passed to our email marketing partner ConvertKit so we may send product confirmation and marketing emails, however, they have security protocols to protect your data). When Benevolence Tribe products and services are available via the websites of our partners (such as ConvertKit, PayPal, guest blogs, or others), those partners may have access to your information. Benevolence Tribe is not responsible for the content, security, privacy policies and practices of any other websites, even if you access them using links from this Benevolence Tribe website (or its associated sites) or vice-sersa. Benevolence Tribe recommends that you check the policy of each website that you visit and make sure that you are comfortable with the terms of such policies before providing any personal information or allowing for cookie collection. If Benevolence Tribe is sold or merged, or if we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets. We will make sure that any such transfer is done in a secure manner for the protection of your information. If we offer or supply a service to you that is provided on our behalf by a third party we may have to pass your information to them in order to deliver the service. By using this Site you consent to us providing your information to the third parties authorized by us to provide such services. We may also use third parties to provide services on our behalf which may include processing (but not using themselves) your information (e.g. to complete partial addresses or to augment the information we hold about you). In either case, we will not pass your information to anyone who is not also subject to adequate privacy commitments in our contract with them and we will not allow the third party to use your information for marketing purposes without your consent. We will not otherwise disclose, sell or distribute your information to any third party without your permission unless we are required to do so by law or to obtain professional advice. We will retain your information for as long as is reasonable and necessary and no longer than permitted by law.

Where Do we Store Your Personal Data?:

We maintain your data at the server of our internet service provider, our email marketing company, our offices and secure cloud SAAS providers. If you leave a comment on this website that information is stored at our hosting company SiteGround. That information includes your name, your avatar, your comment, the time you left the comment, and your ISP address.

For Europeans using the site, the data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA“). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or contractors. Territories outside of the EEA may not have equivalent legal protections to those that apply within the EEA but we are under a duty to make sure that our suppliers and contractors located outside of the EEA continue to take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy. By submitting your personal data to us, you agree to this transfer, storing or processing.

Unfortunately, the transmission of information via the internet is not completely secure. Although Benevolence Tribe and its associates strive to best protect your personal data, we cannot guarantee the security of your data transmitted to our website and any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Your Rights:

You have the right to use the Benevolence Tribe website, information, and/or services without consenting to marketing and communication services that we provide. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. We always use the most recently submitted form to be your current consent status. If you are a registered user, but not signed in when you submit a form, we will not be able to use your saved settings so will deem your consent choice to be as per the form you submit at the time. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use to collect your data. You can also exercise this right at any time by contacting me at mary@benevolencetribe.com.

Your Rights:

  • You have the right to ask us not to process your personal data at any time.*

  • You have the right to ask us, at any time, to show you what data we’ve collected.

  • You have the right to fix any data we have that is incomplete or wrong.

  • The Data Protection Act 1998 (DPA) and the GDPR (in Europe) gives you the right to access information held about you. Your right of access can be exercised in accordance with the DPA and GDPR.

*Asking us to not process your data does require us to delete your data, which is legally considered processing your data. Please understand that we’d have to do that one thing as part of fulfilling your request.

Cookies And Tracking:

Like many websites, Benevolence Tribe uses cookies to enable us to personalize your visits to our website, simplify the signing-in procedure, keep track of your preferences, for marketing purposes and to track the usage of the Benevolence Tribe website. Like any business we like to see if our visitors come from Google, Facebook, and/or another site in order to better manage the business. We use Google Analytics as our analytics package. When we login we can see which pages on this website visitors used, the paths visitors took, where they came from and how they left. We can not see which website you visited after you leave this website. If you have signed up to be a paid affiliate of Benevolence Tribe, we will give you a tracking link that will tell us when traffic from your link has taken a desired action on this site.

Limitations Of Liability:

Benevolence Tribe, its associates and affiliates, and Mary Yearwood will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, use of, or otherwise in connection with, this website:

  • [to the extent that this website and its information are provided free-of-charge] for any direct loss;

  • for any indirect, special, or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

IN NO EVENT SHALL BENEVOLENCE TRIBE OR MARY YEARWOOD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF BENEVOLENCE TRIBE/MARY YEARWOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the generality of the foregoing, under no circumstances shall Benevolence Tribe, Mary Yearwood, or any other party involved in creating, producing, or distributing this website, information, products or services offered, be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if advised of the possibility of such damages) that result from (a) any delay, failure, interruption or corruption of this website or any data or information transmitted in connection with the use of this Site; (b) personal injury or death caused by your use or misuse of this website; (c) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from this website; (d) unauthorized access to or alteration of your transmissions or data; and (e) any other matter relating to this website. You hereby acknowledge that this paragraph shall apply to all products, and services available through this website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. Notwithstanding the above, Benevolence Tribe/Mary Yearwood’s sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information, or service purchased by you from us through this website. In accordance with the 1996 Communications and Decency Act, Section 230, Benevolence Tribe/Mary Yearwood are also not liable for comments user of this website leave as comments. While we will certainly delete comments that don’t adhere to our personal standards, if someone makes an unkind, untrue, slanderous, defamatory, or otherwise offensive comment, that person is solely responsible for their comments.

Reasonableness:

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Unenforceable Provisions:

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Governing Law:

Use of this website is governed by United States and Texas law. Any claim related to the website and any product, information, or service purchased through this website shall be brought in a federal or state court within one (1) year after the claim arises. Users of this website consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this website.

Acknowledgement:

You acknowledge (a) that you have read and understood these terms; and (b) that these terms have the same force and effect as a signed agreement.

Changes To Our Privacy Policy And Terms Of Use:

Benevolence Tribe may change these terms from time to time. Please review these terms periodically for any updates or changes. Your continued use of this website following the posting of any updates or changes to these terms constitutes your acceptance of such changes. If you object to any provision of these terms or any subsequent modifications to these terms, your exclusive recourse is to immediately terminate use of this website.

Benevolence Tribe also reserves the right to modify or terminate your access to this website (or portions of it) at any time, temporarily or permanently, with or without notice to you. Benevolence Tribe may also impose limits on certain features, services or all of this website without notice or liability. You acknowledge and agree that Benevolence Tribe will not be liable to you or any third party in the event that it exercises its right to modify or terminate access to this website or portions thereof. It is Benevolence Tribe’s policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.Price and availability information on this website are subject to change without notice.

Whew! Thanks for sticking around for all that legalese!