Disruptive Strategies Group provides website and software services subject to the following terms and conditions, which may be updated from time to time without notice. You can review the most current version at any time on this page. By purchasing products or service developed by Disruptive Strategies Group, you confirm that you have read, understood, and agree to the terms and conditions listed below.
1.1 “Agreement” means the entire content of this document,
1.2 “Intellectual Property Rights” means any proprietary rights, including but not limited to patents, copyrights, trademarks, design patents, trade secrets, domain names, know how.
1.3 “Disruptive Strategies Group Product” means a software solution developed and owned by Disruptive Strategies Group, which allows organizations to set up personalized grassroots organizing spaces within the NationBuilder framework, and manage interactions with community members.
1.4 “Disruptive Strategies Group Tools” means all software and design tools developed and/or utilized by Disruptive Strategies Group in performing the Services, including, without limitation, pre-existing and newly developed software including source code, Web authoring tools, type fonts, application tools, platforms, frameworks, website design, architecture, layout, navigational and functional elements together with any other software, or other inventions (whether or not patentable), general concepts developed by Disruptive Strategies Group (whether or not copyrightable) and Disruptive Strategies Group products.
1.5 “Services” (or “Disruptive Strategies Group’s Services”) means all services, code and the work product to be provided to Client by Disruptive Strategies Group as described and otherwise further defined in the Software Description.
1.6 “Client” refers to individuals or agencies purchasing services from Disruptive Strategies Group.
2.1 License. Disruptive Strategies Group hereby grants Client a limited license to use Disruptive Strategies Group products with Client’s NationBuilder account. Such license shall be revocable, non-exclusive, non-transferrable and non-sublicensable, and shall be limited to use on one nation only.
2.2 Support. Disruptive Strategies Group shall provide technical support and assistance to the Client in the form of online documentation and investigating reported bugs for the term of one year following purchase. We reserve the right to asses, and determine if reported issues are due to Disruptive Strategies Group’s code and covered as support issues, as well as reject support requests for problems that occur after theme files have been modified. You may or may not be notified or our determination of whether an item is determined to be covered under support.
2.3 Users. Parties acknowledge and agree that use of Disruptive Strategies Group’s products and the Services by Client or by third parties (including, without limitation, Client’s users, supporters, activists, employees, agents, representatives, subcontractors or clients, hereinafter “Users”) may be bound by additional terms and conditions. Such terms and conditions may be established by Disruptive Strategies Group and/or by NationBuilder, by Client or by any third parties. Users shall accept and abide by such terms and conditions prior to the use of Disruptive Strategies Group products and of the Services.
2.4 No Exclusivity. The Parties expressly acknowledge that use of services and products developed by Disruptive Strategies Group does not create an exclusive relationship between the Parties. Client is free to engage others to perform services of the same or similar nature to those provided by Disruptive Strategies Group, and Disruptive Strategies Group shall be entitled to offer and provide software services to others, solicit other clients and otherwise advertise the services offered by Disruptive Strategies Group.
3. Mentions & Recognition
3.1 Mentions. Websites created using Disruptive Strategies Group’s themes must include “Created with NationBuilder” and a hyperlink to NationBuilder, or other online sites, in Disruptive Strategies Group’s sole discretion. Disruptive Strategies Group retains the right to publish and display Client’s name and logo in Disruptive Strategies Group’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the sole purposes of recognition of creative excellence or professional advancement.
4.1 Client represents, warrants and covenants to Disruptive Strategies Group that:
(b) Client shall not use the product or any Disruptive Strategies Group services in any way that is unlawful.
5. LIMITATION OF LIABILITY
5.1 Neither Disruptive Strategies Group nor its officers, directors, employees, or agents shall be liable to the Client for any claims, liabilities, or expenses relating to this Agreement in excess of the fees payable to Disruptive Strategies Group by the Client pursuant to this Agreement and in no case shall Disruptive Strategies Group be liable to the Client for any indirect, punitive, special, impact, incidental, or consequential damages in connection with or arising out of the Agreement (including without limitation, loss of business, business interruption, revenue, profits, goodwill, use, data, or other economic advantage), however they arise, whether in breach of contract, breach of warranty, or in tort, including negligence, even if Disruptive Strategies Group had previously been advised of the possibility of such damages. Disruptive Strategies Group may only be liable for gross negligence or intentional tort. Disruptive Strategies Group disclaims all other warranties and conditions, whether express, implied, statutory or otherwise, including any express or implied warranties of merchantability, satisfactory quality, title, fitness for a particular purpose and non-infringement.
5.2 THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE SOFTWARE IS UNDER DEVELOPMENT AND MAY CONTAIN BUGS. THE WARRANTIES CONTAINED HEREIN ARE THE SOLE WARRANTIES PROVIDED BY DISRUPTIVE STRATEGIES GROUP AND ARE EXPRESSLY PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ALL OF WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY DISRUPTIVE STRATEGIES GROUP, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE CLIENT AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY AGAINST DISRUPTIVE STRATEGIES GROUP WILL BE LIMITED TO THE REPAIR OR REPLACEMENT OF NONCONFORMING PRODUCT IN CONFORMITY WITH THIS AGREEMENT, PROVIDED DISRUPTIVE STRATEGIES GROUP IS PROMPTLY NOTIFIED IN WRITING OF ANY DEFECT. THIS EXCLUSIVE REMEDY WILL NOT BE DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE SO LONG AS DISRUPTIVE STRATEGIES GROUP IS WILLING TO REPAIR OR REPLACE THE NONCONFORMING OR DEFECTIVE PRODUCT.
6.1 By Client. Client agrees to indemnify, save and hold harmless Disruptive Strategies Group from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances, Client shall promptly notify Disruptive Strategies Group in writing of any claim or suit. Disruptive Strategies Group has sole control of the defense and all related settlement negotiations. Disruptive Strategies Group shall provide Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section.
6.2 By Disruptive Strategies Group. Subject to the terms, conditions, express representations and warranties provided in this Agreement, Disruptive Strategies Group agrees to indemnify, save and hold harmless Client from any and all damages, liabilities, costs, losses or expenses arising out of any finding of fact which is inconsistent with Disruptive Strategies Group’s representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or misconduct of Client.
7.1 Disruptive Strategies Group does not offer refunds for termination of use of Disruptive Strategies Group products or services.