By accessing and using this site provided by Foundation Source Philanthropic Services, Inc. (“Foundation Source”) (the “Site”), you are agreeing to be legally bound by these Terms of Use. As used herein, the term “you” means an entity or individual accessing this Site. If you are using the Site on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by these Terms of Use.

If you have entered into a contract for services with Foundation Source (“Services Agreement”), then your Services Agreement, together with the Terms of Access set forth on Foundation Source Online, an online platform provided by Foundation Source to its clients and not to the general public, control your use of the Site, not these Terms of Use, except for the provisions in these Terms of Use specifically referencing GrantSafe®.

1. General

Foundation Source may change any term in these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read the Terms of Use each time you access the Site, before you begin using the Site. You may print a copy of these Terms of Use for your reference. You may not use the Site for any unlawful purpose or any purpose not approved by Foundation Source.

2. Limitations on Use and Content

“Foundation Source®,” “GrantSafe®,” “Foundation Source RequestsSM,” “Foundation Source ResultsSM,” and “Foundation Source Grant CertificatesSM” 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 ResultsSM,” 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

To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are eighteen (18) years of age or, if you are a user of Foundation Source GrantSafe® and are under 18, are being supervised by a legal guardian or adult who is at least 18; (2) are not currently prohibited from using the Services; (3) are not a competitor of Foundation Source and are not using the Services for reasons that are in competition with Foundation Source, unless otherwise explicitly authorized by Foundation Source; (4) can enter into these Terms of Use without violating any other agreement to which you are a party; (5) will not violate any rights of Foundation Source, including intellectual property rights such as copyright or trademark rights; and (6) agree to provide at your cost all equipment, software, and Internet access necessary to use the Services.

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.

4. Security

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.

5. Privacy Policy

Data you provide and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://staging.foundationsource.com/privacy-notice.

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. Disclaimer of Warranties for Foundation Source 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, and Foundation Source makes no representation or warranty with respect to any unauthorized usage of GrantSafe®.

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®.

8. Disclaimer of Warranties for Services other than Foundation Source GrantSafe™

Due to the number of sources from which the Content (other than Content provided on or through GrantSafe®) 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.

EXCEPT FOR ORGANIZATIONS VERIFIED AS PUBLIC CHARITIES THROUGH GRANTSAFE® IN COMPLIANCE WITH THESE TERMS OF USE, 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® IN VIOLATION OF THESE TERMS OF USE.

FOUNDATION SOURCE AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), IN CONNECTION WITH ANY USE OF GRANTSAFE® IN VIOLATION OF THESE TERMS OF USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITH RESPECT TO ALL OTHER CLAIMS, INCLUDING WITHOUT LIMITATION ANY USE OF GRANTSAFE® IN ACCORDANCE WITH THESE TERMS OF USE, 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.

Foundation Source reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Foundation Source also reserves the right (but does not assume any obligation), in its sole discretion, (a) to modify or delete any postings on this Site for any reason in its sole discretion including without limitation those that violate these Terms of Use, and (b) to reveal your identity or whatever information we know about you, in the event of a complaint or legal action arising from any message posted, or information uploaded, by you.

12. 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.

13. Termination

You agree that Foundation Source, in its sole discretion, may terminate your use of the Services for any reason, including without limitation, if Foundation Source believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Foundation Source may also in its sole discretion and at any time discontinue providing services under the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge. Further, you agree that Foundation Source shall not be liable to you or any third party for any termination of your access to the Site.

14. Indemnification

You agree to indemnify and hold harmless each of Foundation Source, its affiliates, officers, directors and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

15. Governing Law and Jurisdiction

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.

16. Additional Legal Terms

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

All rights not expressly granted herein are hereby reserved. These Terms of Use, the Privacy Policy, Terms of Access and your Services Agreement, if applicable, are the entire and final agreement regarding this Site and its Content, and supersede any prior or contemporaneous communications between Foundation Source and you with respect to the use of the Site. In the event of any conflict between the terms and conditions of these Terms of Use, the Privacy Policy, Terms of Access, and your Services Agreement, the terms and conditions of your Services Agreement shall control.

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