Community Outreach Program - Terms and Conditions

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY APPLYING FOR AND/OR PARTICIPATING IN THIS PROGRAM, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT PARTICIPATE IN THIS PROGRAM. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 04/16/2015.

1. ACCEPTANCE OF TERMS
The following Community Outreach Agreement (the “Agreement”) is a legally binding agreement that shall govern the relationship between participants of Design By Bay’s Community Outreach Program (the “Program”) and Design By Bay, located at 245 Lullwater Drive, Panama City Beach, Florida 32413, and our subsidiaries and affiliates. By applying for and/or participating in the Program, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

2. DEFINITIONS
The PROGRAM refers to Design By Bay’s Community Outreach Program.
The AGREEMENT refers to the terms and conditions set forth in this document.
A PARTICIPANT is any individual, client, organization, or other entity that applies for or otherwise seeks enrollment in the Program.
WE, US, and the COMPANY refer to Design By Bay.

3. PARTICIPANT ELIGIBILITY
To be eligible to register for and/or participate in the Program, you must:

  • be eighteen (18) years of age or older at the time of application,
  • own, manage, or otherwise be authorized to represent the organization that you are applying on behalf of,
  • be legally allowed to enter into an agreement such as this,
  • AND accept all the terms and conditions as described in this agreement.

4. ORGANIZATION ELIGIBILITY
The applicant must represent an organization that maintains a legally recognized nonprofit status, and has maintained such status for no less than two consecutive years. The organization must have a clearly stated mission and a demonstrated history of pursuing that mission. The organization must also have a clearly expressed need for the services being requested to be eligible.

Additionally, the organization must have no contractual obligation to other media/marketing firms for services being requested from us.

5. APPLICATION
To participate in the program, eligible organizations and/or their representatives must first apply for the program via www.DesignByBay.com. The registration/enrollment form for the Program is currently at: https://www.designbybay.com/nonprofits/community-outreach-application/. This URL is current as of the date the Agreement was prepared and is subject to change without notice.

The representative filling in the form agrees to respond truthfully in all fields requested. The representative also agrees that submitting an application does not guarantee acceptance into the program and does not constitute a contract for services between the organization and Design By Bay.

6. ACCEPTANCE

We reserve the right to accept or reject participant applications at our sole discretion.

By submitting your application, you agree and fully understand that this program is provided only on the condition that Design By Bay has the resources available to provide the services you requested. This includes but is not limited to: available personnel, equipment/technology, financial resources, etc.

You also agree and understand that preference will be given to IRS recognized nonprofit organizations and those with a clearly demonstrated need for the requested services. We will be more likely to accept organizations into the program that we believe will be better able to achieve their goals with our services.

7. TERMINATION OF PROGRAM
Design By Bay reserves the right to suspend, cancel, or otherwise end this program without notice, cause, or justification. In the event the program is terminated, we reserve the right to cease supplying services to program participants at our sole discretion.

8. PERSONAL INFORMATION
As a participant in this program, you agree to keep your contact information current and updated with Design By Bay. You also grant Design By Bay the right to record and store your personal information for the purposes of participating in this program, verifying your identity, and providing you with any services you may be approved for during this program’s operation.

9. PRIVACY POLICY
Every applicant’s registration data and various other personal information are strictly protected by the Design By Bay Online Privacy Policy (see the full Privacy Policy at https://www.designbybay.com/privacy-policy/). As an applicant and/or participant, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Design By Bay and/or our subsidiaries and affiliates.

10. INDEMNITY
All applicants and participants herein agree to insure and hold Design By Bay, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from your participation in Design By Bay’s Referral Rewards Program, your use of our website (www.designbybay.com), your violations of this agreement and/or your violation of any such rights of another person.

11. MODIFICATIONS
Design By Bay shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, the Program, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of the Program, or any part thereof.

12. LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DESIGN BY BAY AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE THIS PROGRAM OR OUR SERVICES;

b) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

c) AND ANY OTHER MATTER WHICH MAY BE RELATED TO THIS PROGRAM.

13. NOTICE
Design By Bay may furnish you with notices, including those with regards to any changes to the Agreement, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Agreement by participating in our Program in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

CONTACT INFORMATION
Questions regarding the status of your account, the Program, or this Agreement should be directed to:

Mailing Address:
Design By Bay
Attn: Community Outreach
245 Lullwater Drive
Panama City Beach, Florida 32413

Telephone: 850-387-3468
Email: nonprofits@designbybay.com