THIS USER AGREEMENT (this “Agreement”) CONCERNS THE USE OF THE FIND TO FUND WEBSITE (the “Website”, or the “Site”). YOUR USE OF THE WEBSITE CONSTITUTES AN AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. FIND TO FUND, INC. RESERVES THE RIGHT TO UPDATE OR MODIFY THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE, AS MORE SPECIFICALLY DESCRIBED BELOW.
1. PERMITTED USES; CERTAIN DISCLAIMERS.
The Site is owned and operated by Find to Fund, Inc., a Delaware corporation (“F2F) which, among other things, provides information about certain not-for-profit institutions (the “Institutions”) and certain of their programs and initiatives, for the purpose of providing information about the Institutions and such projects and initiatives to philanthropists, private foundations, and other grant makers, and their advisors (the “Approved Purposes”). Such information, including without limitation, names, trade names, trademarks, service marks, logos, photographs and other images, graphics and written text, ideas and opinions (collectively, the “Data”) are provided by the Institutions for use on the Site, and are not generated or developed by F2F. F2F has not verified, nor does it warrant nor make any representation regarding the accuracy of any of such Data, nor does it endorse, support or sanction any Institution or its initiatives. While F2F has taken some efforts to attempt to confirm the not-for-profit status of an Institution, it does not make any representations or warranties in that regard, and neither F2F nor any employee or officer or director of F2F shall in any way be liable for any inaccuracy of such Data, or with respect to an Institution’s non-taxable status. The User is strongly encouraged to take independent steps to verify the Data and the Institution’s tax exempt status in connection with any grant, donation, transaction, or otherwise. F2F furthermore gives no advice and makes no representation regarding any tax consequences of a grant, donation to or any other transaction with an Institution or its programs, or whether any contribution is deductible under any applicable federal, state, local or international income or estate tax laws, or other laws. F2F urges User to consult with a tax advisor in this connection.
User understands, acknowledges and agrees that User has no right in or to any of the Data, including, without limitation, the names, trade names, trademarks, service marks, logos, photographs and other images, graphics or written text or other material, nor does User have any rights to any use thereof, nor to any other material or images displayed on the Site whether by an Institution, F2F or otherwise, and may not copy or reproduce the same without the express permission of the Institution and any other holder of rights therein. Notwithstanding the foregoing, User may view, download, display and print a single copy of the pages displayed on the Site on User’s computer or other device, or forward such pages, for the Approved Purposes, provided neither the pages nor the Data is used in a way that suggests association with an Institution or F2F.
2. PROPRIETARY RIGHTS.
User understands, acknowledges and agrees that F2F owns all right, title and interest in and to the Site and the intellectual property rights associated therein. User has no right in or to the Site, including, without limitation, its name, trademark, trade name, service mark, domain name, logos, photographs, images, graphics, or written material, and may not copy or reproduce any of the same (except as expressly permitted in Article 1 above) nor reengineer or incorporate any part of the Website into another website or publication, without the express written permission of an authorized representative of F2F.
3. MODIFICATIONS OF USER AGREEMENT; GOVERNING LAW.
User agrees that by using the Site, it agrees to all of the terms and conditions of this Agreement, as it may be modified from time to time. This Agreement may be modified by F2F at any time by publishing this Agreement, as modified, on the Site.
This Agreement, and the use of the Site shall be governed by the laws of the State of California. User agrees to submit to the jurisdiction of the applicable courts located in the County of San Diego, California in the event of any cause of action brought by or against User.
4. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS.
The Website is provided on an “AS IS” “WHERE IS” basis, “WITH ALL FAULTS”. F2F does not guaranty that the Website will operate without interruption. In particular, F2F DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY CONCERNING THE WEBSITE RELATING TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WITH RESPECT TO THE ACCURACY OF ANY OF THE DATA.
5. LIMITATIONS ON LIABILITY; INDEMNITY. NEITHER F2F NOR ANY
OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS SHALL HAVE ANY LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSS ARISING IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, THE DATA, (AND THE USE THEREOF). USER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD F2F, THE INSTITUTIONS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINS ALL CLAIMS, LIABILITIES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION) REASONABLE ATTORNEYS‘ FEES AND COSTS) INCURRED IN CONNECTION WITH OR ARISING OUT OF A BREACH BY USER OF THIS USER AGREEMENT OR RESULTING FROM OR IN CONNECTION WITH THE USE OF THE WEBSITE.
This Agreement constitutes the entire agreement between the User and F2F with respect to the use of the Website, and supersedes any prior agreements. Should any term of this Agreement be held to be unenforceable by a court of competent jurisdiction, User and F2F agree that the remaining provisions of this Agreement shall remain unmodified and in full force and effect.