BY USING THE SITE, OR DOWNLOADING OR POSTING ANY CONTENT FROM THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
If you are acting for an organization or other legal entity (your “Organization”), you represent and warrant that you have the authority to bind your Organization to these Terms and, in such event, these Terms apply to your Organization.
We reserve the right, at our sole discretion, to change, add, or delete portions of these Terms at any time. We will not make any special announcement of changes in these Terms, except through changing that “Last Updated” date stated below. By continued use of the Site after any such changes you accept the new Terms. You are bound by whatever version of these Terms is in effect on the date you visit the Site. If you do not agree to these or any future Terms, do not use Site.
While using the Site (for example in applying for Foundation grants) you may be asked to provide certain personal information such as your name, phone number, e-mail and other information for you and/or your Organization (“Registration Data”). You agree to provide true, accurate, current and complete Registration Data and keep it accurate, current and complete.
The Site permits you to submit preliminary applications for Foundation grants, as part of which you would be required to provide or upload certain information regarding your Organization, its management and personnel, its activities, your grant proposal, etc. The Site may also permit or require you to upload financial, tax or other documents, graphics, images, sound or video files, reviews, location information, or links to your Organization’s own websites. Grant applications, and all such other documents and materials users may submit are all “User Content“. You are solely responsible for any and all User Content you submit.
By submitting User Content, you represent and warrant that you have the right to grant to us (and you legally grant us) an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license to use, copy, display, perform, reformat, translate, excerpt (in whole or in part), transmit, and distribute such User Content for our use in connection with the application, including publicizing the Foundation’s activities and the grants it makes.
Your User Content must not violate our Rules of Conduct below.
You understand that we do not verify or vouch for any User Content and if we determine in our sole discretion that any User Content is inaccurate, was submitted without authorization, or otherwise may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice, to (a) modify, refuse or delete the User Content; (b) revoke the applicable user’s right to use the Site; or (c) use any technological, legal, operational, or other means to enforce these Terms, including, without limitation, blocking specific IP addresses or deactivating the applicable user’s registration. We may also exercise any and all other rights we may have, at law or in equity.
Rules of Conduct
In your use of the Site, you will not do any of the following:
- Upload or submit any material that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, obscene, invasive of privacy, hateful, or racially, ethnically or otherwise objectionable
- Upload or submit any material which contains software viruses, or any computer code, designed to corrupt, destroy or impair the functionality of the Site, any data or content, any computer software or hardware or telecommunications equipment
- Upload or submit any material that you do not have a right to provide under any law or under contractual or fiduciary relationships (such as proprietary or confidential information)
- Try to impersonate any person or Organization or misrepresent any affiliation
- Try to disguise the origin of any content
- Violate any applicable law or regulation
- Monitor traffic on the Site, obtain or accumulate personal information about individual users or collect or store personal data about other users
- Try to modify, delete or damage any information contained on any device or system of any other person
- Use the Site in any manner that in our sole judgment, adversely affects us or the Site or interferes with the ability of other users or authorized persons to access the Site or that could harm the Foundation or its reputation
All materials (excluding User Content) on, in, or available through the Site, including all information, data, text, sound, photographs and graphics (“Foundation Content“) are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, neighboring rights, moral rights, and all derivative works thereof associated with the Site and the Foundation Content, whether registered or not, are our sole property or the property of our third-party partners, users or licensors. Foundation Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and intellectual property laws. We do not convey any ownership rights in the Site or in any Foundation Content. You may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create derivative works from, or broadcast or circulate to any third party (including, without limitation, on or via a third-party web site), or otherwise use, any materials contained within the Site (except for your User Content) without our express prior written consent.
Third-Party Websites and Content
We do not control or review Third-Party Sites and are not responsible for any of these websites, their content or their privacy policies. If you decide to access any of the Third-Party Sites or Third-Party Applications or Content linked from our Site, you do so at your own risk.
Restriction or Termination of Our Site
We have the right to take any of the following actions in our sole discretion at any time and for any reason without giving any prior notice:
- Restrict, suspend, or terminate your (or anybody’s) access to the Site
- Refuse, move, change, or delete any user Content
- Remove, discontinue, change or replace any or all of the Site or any Foundation Content
- Establish general practices and limits concerning use of the Site
We may take any of the above actions for any reason, in our sole discretion, including, but not limited to, (a) violation of these Terms, (b) request by law enforcement or other government agencies, (c) discontinuance or material modification to the Site (or any part thereof), (d) technical or security issues, and (e) general Site maintenance and updating. We will not be liable to you or any third party for taking any of these actions.
You agree to defend, indemnify and hold us, our affiliates, partners, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, any use or alleged use of your name or identity by any person in order to access the Site, whether or not authorized by you, any User Content you submit or upload, your violation or breach of any these Terms, your connection to the Site, or your violation of laws or the rights of any other person or entity (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters.
THE SITE AND ALL FOUNDATION CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES OF EVERY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES CONCERNING THE ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SITE; NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOUNDATION WILL NOT BE LIABLE FOR ANY INJURY CAUSED BY THE SITE OR BY ANY FOUNDATION CONTENT, USER CONTENT OR THIRD PERSON’S USE OR MISUSE OF OR ACCESS TO THE SITE. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE.
WE TAKE NO RESPONSIBILITY FOR USER CONTENT. YOU AND YOUR ORGANIZATION WILL BE RESPONSIBLE TO BACK UP AND TAKE ALL PRECAUTIONS TO PROTECT YOUR CONTENT AGAINST LOSS, DAMAGE, CORRUPTION, DESTRUCTION OR UNAUTHORIZED USE.
ALTHOUGH WE MAKE REASONABLE EFFORTS TO ASSURE THAT FOUNDATION CONTENT IS COMPLETE, ACCURATE AND CURRENT, USERS SHOULD CONTACT US TO MAKE SURE THEY ARE ACTING ON THE MOST CURRENT AND COMPLETE INFORMATION. WE DO NOT GUARANTY THE ACCURACY OR COMPLETENESS OF FOUNDATION CONTENT, AND ACCEPT NO RESPONSIBILITY FOR YOUR RELIANCE ON IT.
Limitation of Liability
IN NO EVENT WILL THE FOUNDATION BE LIABLE TO YOU OR ANY OTHER PERSON FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS OR OTHER ECONOMIC LOSS, OR FOR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THESE TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED FIFTY DOLLARS ($50.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND ANY OTHER THEORIES OF LIABILITY.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OF LIABILITY SO THE FORGOING DISCLAIMERS MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.
THE FOUNDATION DOES NOT ENCOURAGE USE OF THE SITE BY PERSONS OR ORGANIZATIONS OUTSIDE THE UNITED STATES. FURTHER, THE FOUNDATION DOES NOT ACCEPT APPLICATIONS FROM ORGANIZATIONS LOCATED OUTSIDE THE UNITED STATES.
These Terms constitute the entire agreement between you and us governing your use of the Site, superseding any prior agreements. You also may be subject to additional terms and conditions that in Third-Party Sites and Third- Party Applications or Content.
The interpretation of these Terms is controlled by the laws of the Commonwealth of Pennsylvania, giving no effect to choice of law provisions. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts in the Commonwealth of Pennsylvania, Berks County, USA, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this Agreement.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions regarding these Terms, please contact us at firstname.lastname@example.org