2. Limitations on Use and Content
“Foundation Source®,” “GrantSafe®,” “Foundation Source RequestsSM,” “Foundation Source ResultsSM,” and “Foundation Source GrantCertificatesSM ” are trademarks of Foundation Source Philanthropic Services Inc. Other trademarks that appear on the Site are the property of their respective owners.
Our trademarks are protected by U.S. trademark laws and international laws and treaties. No license or right to use any of Foundation Source’s trademarks, service marks, trade names or logos is granted to you as a result of your visit to our Site or agreement to these Terms. You agree not to use Foundation Source’s trademarks or other intellectual property in any manner without our express prior written authorization. Any unauthorized use of our trademarks or other intellectual property is strictly forbidden and may result in legal liability.
The services provided through the Site (the “Services”), including GrantSafe®, “Foundation Source RequestsSM,” “Foundation Source RequestsSM,” and “Foundation Source Grant CertificatesSM” contain text, files, images, photos, video, sounds, musical works, works of authorship, applications, and other materials of Foundation Source and its licensors (collectively, the “Content”). The Content is protected by copyright, trademark, patent, trade secret and other laws, and Foundation Source and its licensors own and retain all rights in the Content and the Services. Foundation Source hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Services. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this Site.
3. Service Eligibility
In addition to the foregoing criteria, to be eligible to use GrantSafe®, you hereby certify that you are an officer, director, trustee, employee or other authorized representative of a private foundation that is classified as such under Section 509(a) of the Internal Revenue Code of 1986, as amended (the “Code”), and that you will use GrantSafe® solely to determine the federal tax exempt status of grantee organizations for purposes of Code Sections 4942 and 4945 and for no other purpose.
FOUNDATION SOURCE DOES NOT HAVE ANY OBLIGATION TO MONITOR THE USE OF GRANTSAFE® BY USERS OR TO VERIFY THE IDENTITY OF THE USERS OF GRANTSAFE®.
You agree to refrain from charging anyone for access to GrantSafe®, or any information therein. Foundation Source cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4. You hereby grant Foundation Source and all other persons and entities involved in the operation of the Site and the Services the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Site and the Services.
6. Notifications and Service Messages
For purposes of service messages and notices about the Services to you, where applicable, notice shall consist of an email from Foundation Source to an email address you have provided to Foundation Source in connection with your use of the Services. You also agree that Foundation Source may communicate with you through email or through other means including mobile number, telephone or delivery services including the US Postal Service about Foundation Source or the Services. You acknowledge and agree that (a) you shall be solely responsible for any charges from your mobile phone provider for such use, we shall have no liability with respect to such charges, and (b) we shall have no liability associated with or arising from your failure to maintain accurate contact or other information.
7. Intended Use of GrantSafe®
All information and certificates provided through GrantSafe® are based solely on the IRS Business Master File Extract in compliance with Section 4 of Revenue Procedure 2011-33 and are intended for use only by private foundations that are classified as such under Section 509(a) of the Code solely to determine the federal tax exempt status of grantee organizations for purposes of Code Sections 4942 and 4945. GrantSafe® is not intended for any other use, including any use for purposes of determining deductibility of contributions to entities exempt under Section 501(c)(3) of the Code.
8. Disclaimer of Warranties for Services other than GrantSafe®
Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Site. DO NOT RELY ON THE SITE, OR ANY SUCH CONTENT THEREIN, OR ITS CONTINUATION. SUCH CONTENT AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. FOUNDATION SOURCE AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION WITH RESPECT TO OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SUCH CONTENT, OR THE SITE ITSELF, AND FOUNDATION SOURCE HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES.
FOUNDATION SOURCE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OR ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE OR THE SERVICES TO ANYONE.
FOUNDATION SOURCE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, FOUNDATION SOURCE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
FOUNDATION SOURCE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TAX STATUS OF THOSE ORGANIZATIONS WHO LIST THEMSELVES AS CHARITIES ON THE SITE, AND IT IS THE SOLE RESPONSIBILITY OF THE PERSON ACCESSING THE SITE TO CONFIRM THAT THE CHARITIES LISTED ON THE SITE ARE EXEMPT ORGANIZATIONS UNDER THE RELEVANT SECTION(S) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
9. Limitation of Liability
FOUNDATION SOURCE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES OR SYSTEM OR NETWORK FAILURES. FOUNDATION SOURCE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, FOUNDATION SOURCE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE FOUNDATION SOURCE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
NEITHER FOUNDATION SOURCE NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE AND ANY CONTENT PRESENTED ON THE SITE.
IN NO EVENT WILL FOUNDATION SOURCE, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE SITE, INCLUDING WITHOUT LIMITATION, ANY DECISION MADE OR ACTION TAKEN BASED ON ANY USE OF GRANTSAFE®.
FOUNDATION SOURCE AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES (NOT TO EXCEED US $1,000.00), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Links to Third Party Sites
This Site may contain hyperlinks to sites operated by persons other than Foundation Source. Such hyperlinks are provided for your reference and convenience only and do not mean that Foundation Source endorses the content on or the operators of these sites. You agree not to hold Foundation Source responsible for the content or operation of such sites. You are solely responsible for determining the extent to which you may use any content at any other sites to which you might link from this Site.
11. Community Areas/User Comments/Uploading
Foundation Source offers some community features on this Site and may elect to offer others, such as message or bulletin boards, forums, and chat rooms. Foundation Source will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Site, although Foundation Source reserves the right to do so in its sole discretion. FOUNDATION SOURCE DOES NOT ENDORSE, WARRANT THE ACCURACY OR RELIABILITY OF, OR ASSUME ANY LIABILITY IN CONNECTION WITH ANY SUCH INFORMATION OR CONTENT PROVIDED BY USERS OR THIRD PARTIES. You hereby grant to Foundation Source a worldwide, royalty-free, perpetual, transferable, sublicenseable, non-exclusive right and license to copy, use, modify and make derivative works of and from any information or content you upload or post in any form and for any purposes whatsoever and you represent and warrant that you have the right and authority to grant such license. Foundation Source shall have no obligation or duty to give attribution to you for any content or information you upload or post.
As to any information or content that you upload or post to this Site, you represent and warrant to Foundation Source that you have the right and authorization to do so without the consent of any third party and that Foundation Source has and will have the right to allow others to use, access, copy, store, modify such information and content. You also agree not to upload or post to this Site: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or, except for information posted on Foundation Source RequestsSM, attempts to solicit funds or advertise products or services).
AS TO ANY INFORMATION OR CONTENT THAT YOU UPLOAD TO THIS SITE, FOUNDATION SOURCE MAKES NO REPRESENTATIONS OR WARRANTIES THAT SUCH INFORMATION OR CONTENT WILL BE KEPT CONFIDENTIAL. IF YOU ARE CONCERNED ABOUT KEEPING SUCH INFORMATION OR CONTENT CONFIDENTIAL, DO NOT UPLOAD IT.
12. Notice of Infringing Material
Foundation Source responds to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe in good faith that any Content on this Site violates or infringes upon your copyright rights pursuant to Title 17, United States Code, Section 512(c)(2), you may file a DMCA Notice of Alleged Infringement with Foundation Source’s designated copyright agent with all specifics necessary for Foundation Source to consider and respond to your complaint, as set forth below. You may be asked to provide additional information and follow additional procedures for Foundation Source to act on your complaint. Please note that Foundation Source may not process your complaint if it is not properly filled out or is incomplete.
You (or your agent) may send Foundation Source a written notice that includes the following information.
- A clear identification of the copyrighted work you claim is being infringed.
- A clear identification of the material on the Site that you claim is infringing, such as a link to the infringing material.
- Your address, email address and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.”
- A signature by you or the person authorized to act on behalf of the copyrighted work that you claim is being infringed.
Please send your notice to the following address:
Foundation Source Philanthropic Services Inc.
55 Walls Drive
Fairfield, CT 06824
Attention: Susan Calzone
With copies sent to the following address:
Foundation Source Philanthropic Services Inc.
Tax & Legal Affairs
1 Hollow Lane, Suite 212
Lake Success, NY 11042
Attention: Jeffrey D. Haskell
and with email copies of the above to:
13. US Government End-Users
The software and documentation available on this Site are “commercial items,” as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
16. Governing Law and Jurisdiction; No Class Action
This Site is owned and operated by Foundation Source from its offices in Connecticut. Your use of this Site, and any related legal action, shall be governed by the laws of the State of Connecticut, without regard to conflict of laws principles. The sole jurisdiction and venue for any litigation arising out of your use of or inquiries to the Site shall be an appropriate federal or state court located in the State of Connecticut.
YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OFFOUNDATION SOURCE.
17. Additional Legal Terms
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