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Welcome to GrantStation.com! GrantStation.com, Inc. ("we,"
"us" or "GrantStation") is pleased to
serve you under the terms of this GrantStation Terms of Use
-- Order/Activation Agreement, as amended from time to time
("Agreement"). YOUR PLACEMENT OF AN ORDER, AND/OR
ACTIVATION AS A MEMBER WITH GRANTSTATION.COM EVIDENCES YOUR
CONSENT TO BE BOUND BY THIS AGREEMENT, WHICH IS A CONTRACT
BETWEEN YOU AND GRANTSTATION. THE TERMS OF THIS AGREEMENT
ARE SET OUT BELOW, MAY BE AMENDED FROM TIME TO TIME, AND INCLUDE
OUR PRIVACY POLICY. IF YOU DO NOT INTEND TO BE BOUND BY THE
TERMS OF THIS AGREEMENT, DO NOT USE OUR SITE OR ONLINE SERVICES.
Please read this Agreement carefully before you place an
order and/or activate Membership(s).
Under this Agreement, GrantStation makes available on-line
fundraising information and services to registered Members
("you", "your" or "member").
By clicking on the "Accept" button, you agree to
be bound by terms and conditions of this Agreement,- including
but not limited to your agreement to conduct this transaction
electronically, to disclaimers of warranties, damage and remedy
exclusions and limitations, and a choice of Alaska law. You
may scroll down to review all of the terms and conditions
contained in this document, or you may print it out as enabled
by your browser. "You" are the person or entity
using the Online Services or described in the order/activation
form. If you are not making this Agreement on your own behalf,
you warrant that you are legally authorized to enter into
the Agreement on behalf of the entity described in the order/activation
form and that your actions will legally bind that entity.
Table of Contents
1. Grant of License
2. Membership and Payment Information
3. Restrictions
4. Technical Support
5. Transfer of Rights
6. Termination or Cancellation
7. Agreement to Conduct Transactions
Electronically
8. Record Retention
9. Privacy Policy
10. Infringement of Our Rights
or the Rights of Others
11. AS IS No Warranties; As Is
12. No Incidental, Consequential or
Certain Other Damages
13. Limitation of Liability and Exclusive
Remedy
14. Linked Sites
15. No Payment for Submission of
Ideas; License Back
16. Amendments; Complete Agreement
17. Waiver of Contractual Right
18. Severability
19. Alaska Law Governs; Exclusive Alaska
Jurisdiction
20. Notices
LEGAL NOTICES
1. GRANT OF LICENSE.
GrantStation.com, Inc. owns a comprehensive database of funding
sources including other copyrighted, proprietary, or trade
secret materials ("Online Services"). In accordance
with this Agreement, we grant you a non-exclusive, non-transferable,
terminable license to use our Online Services. The term "use"
means access to, transmission to or from, or any exchange
of information or communication in connection with or arising
from the Online Service.
This license permits the Members to access the Online Services
at the Member's personal computer(s). The Online Services
may not be used by anyone other than the Member. Member's
use of the Online Services includes the right to print out
portions of the Online Services in hard copy form for use
by the Member.
You may not access the Online Services at additional offices
or sites unless expressly authorized by GrantStation in writing.
Under no circumstance may you transfer, sell or provide access
to the Online Services to any another entity. Other restrictions
that apply to the Online Services are set out in Section 3
below.
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2. SUBSCRIPTION AND PAYMENT INFORMATION.
All sales are final unless expressly authorized by GrantStation
in writing. You agree to pay us for membership to the Online
Services, payable before activation of password(s) enabling
access to the Online Services. When purchasing multiple memberships,
you may activate memberships at any time after purchase. Once
activated, each annual membership will last for one year from
the date of execution of the User's password. Membership for
terms other than one year must be expressly authorized by
GrantStation in writing.
You agree to provide us with accurate and complete order/activation
information and advise us promptly of any changes in the accuracy
of that information. If you don't, you will be in breach of
this Agreement, allowing us to immediately terminate your
membership and use of the Online Services. When you register,
you will choose a user name and will receive password that
we will assign. You may not select a user name which violates
anyone's rights or one, in our sole discretion, we consider
offensive, improper or inappropriate. If you do, we can modify
or delete that user name.
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3. RESTRICTIONS.
- You may not rent, lease or otherwise
transfer the Online Services (except as provided in section
5 below).
- You agree that you will not (ia) use any robot, spider,
other automatic device or manual process to monitor or copy
our web pages or the content contained herein without our
prior written permission; (bii) use any device, software
or routine to interfere or attempt to interfere with the
proper working of the Online Services; (ciii) take any action
that imposes an unreasonable or disproportionately large
load on our infrastructure; or (div) reverse engineer, reverse
assemble or otherwise attempt to discover any source code.
- Much of the information contained in our Online Services
is updated on a real time basis and is proprietary or is
licensed to us by others. You agree that you will not, nor
permit anyone else to, copy, reproduce, alter, modify, create
derivative works, or publicly display any content from our
Online Services without our prior written permission, or
that of the appropriate third party. You may not alter or
modify the copyright notices and any other proprietary legends
that appear on the Online Services. You also agree not to
access our Online Services by any means other than through
the interface that is provided by us.
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4. TECHNICAL SUPPORT.
You are automatically registered for technical support via
telephone or electronic mail for the duration of your membership.
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5. TRANSFER OF RIGHTS.
This Agreement shall be binding on any successors of the parties.
You may not assign or otherwise transfer its rights without
the written consent of GrantStation. Members may transfer
their membership to another person with the consent of GrantStation.
Contact clientsupport@grantstation.com
for further details on how to accomplish a transfer.
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6. TERMINATION OR CANCELLATION.
This Agreement may be terminated or cancelled by either party,
with or without cause at any time, by providing 30 days' written
notice to the other party. This Agreement is only binding
for the duration of the membership, except that sections 3,
10, 11, 12, 13,17, 18, 19, and 20 of this Agreement shall
survive termination. Notwithstanding termination (or cancellation),
you will still be liable for payment of any amounts due or
other obligations incurred before termination or cancellation,
whether the Agreement is ended by you or by us. We may also
suspend, cancel or terminate your membership; block your use
of the Online Services; or direct you to cease using the Online
Services, if we believe in good faith that you or a related
person has breached or may breach this Agreement
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7. AGREEMENT TO CONDUCT TRANSACTIONS ELECTRONICALLY.
You agree that all of your transactions with or through the
Online Services may, at our option, be conducted electronically.
You also agree that we may provide all agreements, disclosures
and notices electronically, including any that we are otherwise
required to provide in "writing." We will provide
these in screen text or deliver a copy to the email address
that you provide to us at time of order/activation. If you
do not wish to deal with us electronically, you should not
enter into this Agreement.
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8. RECORD RETENTION.
You agree to print (or copy) and retain agreements or disclosures
that we are required to deliver to you in writing. To the
extent required by law, we instruct you to retain a copy in
your legal records. You may make a paper copy by pressing
the "print" button on your browser; you may make
an electronic copy by selecting the "save file"
option in your browser. If you cannot do either, you may email
us at clientsupport@grantstation.com
or write us at GrantStation.com, Inc., 3677 College Road,
Suite 11B, Fairbanks, AK 99709 and we will send a copy. As
a customer service, we may attempt to locate data for you
if we still have it when you ask for it, but we do not assume
any duty to retain or produce data and we reserve the right
to charge a retrieval fee. We grant you a revocable, limited
license to print copies of this Agreement for the purpose
of documenting your transactions;
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9. PRIVACY POLICY.
Our Privacy Policy is part of and incorporated into this Agreement.
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10. INFRINGEMENT OF OUR RIGHTS OR THE RIGHTS OF OTHERS.
Our Online Services are protected by intellectual property
laws and you agree to respect them; any rights not expressly
granted herein are reserved. See our Legal Notices for more
information about our trademarks and copyrights. All rights
not expressly granted to you are reserved. As for intellectual
property rights of others, anyone who believes that their
work has been reproduced in a way that constitutes copyright
infringement, may provide a Notice to our Copyright Agent
(click on "Notice" to see the requirements - clicking
will take you Legal Notices).
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11. NO WARRANTIES; AS
IS. YOU AGREE THAT OUR ONLINE SERVICES AND ANY OTHER
SERVICE THAT WE NOW OR HEREAFTER PROVIDE, ARE PROVIDED "AS
IS" AND "WITH ALL FAULTS," AND THE ENTIRE RISK
AS TO THE QUALITY, ACCURACY AND PERFORMANCE OF THE ONLINE
SERVICES AND ANY IS WITH YOU. WE DO NOT MAKE ANY EXPRESS WARRANTIES
AND EXCEPT FOR DUTIES OF GOOD FAITH, WE DISCLAIM ALL WARRANTIES
AND DUTIES OF ANY KIND, IMPLIED OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE AND ANY DUTIES OF WORKMANLIKE
EFFORT OR LACK OF NEGLIGENCE. WITHOUT LIMITATION, YOU AGREE
THAT WE AND OUR AFFILIATES OR AGENTS DO NOT MAKE ANY WARRANTIES
OR UNDERTAKE ANY DUTIES REGARDING THE FOLLOWING:
- AVAILABILITY OF THE ONLINE SERVICES AT ANY PARTICULAR
TIME· TIMELINESS OF SERVICES OR ACCURACY OR CURRENCY
OF ANY ONLINE SERVICES CONTENT OR OF NEWSLETTERS
- FUNCTIONALITY
- ACCURACY OF PROCESSING
- LACK OF VIRUSES.
ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF ANY EXPERIENCE OR OF THE ONLINE SERVICES,
OR AGAINST INFRINGEMENT.
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12. NO INCIDENTAL, CONSEQUENTIAL
OR CERTAIN OTHER DAMAGES. TO THE FULL EXTENT ALLOWED
BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES
OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR
ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT
LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO
MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD
FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY
OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT
ARISE OUT OF OR ARE RELATED TO THE ONLINE SERVICES OR TO ANY
BREACH OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT,
TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.
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13. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY.
You agree that your sole remedy for any breach of this Agreement
by us or any of our affiliates or agents shall be, at our
option, (1) substitution or replacement of all or part of
the Online Services that gives rise to damages incurred by
you in reasonable reliance on us; or (2) refund of the amount
that you paid for the Online Services in an amount that does
not exceed the damages incurred by you in reasonable reliance
on us. You agree that the damage exclusions in the Agreement
and this limitation of liability shall apply even if any remedy
fails of its essential purpose.
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14. LINKED SITES. Our
Online Services may contain links to sites of third parties.
While their services might be helpful to you, they are independent
businesses and we do not control or endorse them. You agree
to visit them and use their services at your own risk.
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15. NO PAYMENT FOR SUBMISSION OF IDEAS; LICENSE BACK.
We do not pay or provide other
consideration for your feedback, suggestions or ideas (collectively
"Comments") except as expressly stated on the Online
Services. If you desire payment or other consideration, do
not submit your Comment. You agree that any Comments shall
be our property, that none of the Comments shall be subject
to any obligation of confidence on our part and we shall not
be liable for any use or disclosure of any Comments. You grant
us a royalty-free, irrevocable, unrestricted, nonexclusive
worldwide license for all possible rights and all possible
media now known or later developed, to use, modify, copy,
sublicense, transmit, publicly perform or display the Comments
for any purpose, commercial or otherwise, without compensation
to anyone.
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16. AMENDMENTS; COMPLETE AGREEMENT. You
agree that we may from time to time amend or add to the terms
and conditions of this Agreement ("Amendments"),
including without limitation, Amendments that add membership
fees or change payment methods or requirements. When practical,
we will endeavor to give you prior notice of Amendments. When
such notice might expose us or others to harm, we reserve
the right to provide notice after the Amendment. All Amendments
will be effective 10 days after notice unless an earlier time
is specified by us. Except as to your use of the Online Services
before the effective date of an Amendment, any use of our
Online Services after that date shall be your consent to the
amended terms. If you do not want to be bound by an Amendment,
you will need to terminate your membership and refrain from
using the Online Services after that date. This Agreement
and any Amendments, your order/activation, and the disclosures
provided by us and the consents provided by you on the Site,
constitute the entire agreement between you and us and supersedes
any prior written or oral agreements between the parties.
No changes proposed by you or us will be effective unless
and until they appear in this Agreement or in the Amendments
as posted by us in the Legal Notices section of our Site.
No other Amendments will be valid unless they are in a paper
writing signed by us and by you.
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17. WAIVER OF CONTRACTUAL RIGHT.
The failure of either party to enforce any provision of this
Agreement shall not be construed as a waiver or limitation
of that party's right to subsequently enforce and compel strict
compliance with every provision of this Agreement.
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18. SEVERABILITY.
If any provision of this Agreement shall be held to be invalid
or unenforceable for any reason, the remaining provisions
shall continue to be valid and enforceable. If a court finds
that any provision of this Agreement is invalid or unenforceable,
but that by limiting such provision it would become valid
or enforceable, then such provision shall be deemed to be
written, construed, and enforced as so limited.
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19. ALASKA LAW GOVERNS; EXCLUSIVE ALASKA JURISDICTION.
This Agreement, the performance of the
Online Services provided by or in any manner relating to us,
and all other matters that relate in any way to the Online
Services shall be governed by the laws of the State of Alaska
without regard to its conflict of law provisions. Any disputes
arising under or related in any way to this Agreement or the
Online Services shall be litigated, arbitrated or otherwise
heard in the appropriate forum in Alaska. The parties hereto
hereby consent to jurisdiction over them in any state or federal
court sitting in Alaska, and hereby waive any claim or defense
that such forum is not convenient or proper, and consent to
service of process by any means authorized by Alaska law.
Unless otherwise specified, the materials in our Online Services
are presented solely for the purpose of promoting materials
available in the United States and its territories, possessions,
and protectorates. The Online Services are controlled and
operated by GrantStation from its offices within Alaska, United
States of America. We make no representation that the Online
Services are appropriate or available in other locations.
Those who choose to access the Online Services from other
locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local
laws are applicable.
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20. NOTICES. All notices
required by or allowed under this Agreement, including notices
of problems and/or inaccuracies in the Online Services, should
be addressed to GrantStation.com, Inc., 3677 College Road,
Suite 11B, Fairbanks, AK 99709; 907.458.7277 (fax). If applicable
law requires that we accept email notices, then you may send
us email notice at clientsupport@grantstation.com.
With respect to our notices to you, we may provide notice
of Amendments by posting them in the "Legal Notices"
section and you agree to check that section for changes. Instead,
or in addition, we may give notice by sending email to the
email address you provide during order/activation. Notice
shall be deemed given 24 hours after it is posted or an email
is sent, unless (as to email) the sending party is notified
that the email address is invalid. Alternatively, we may give
you notice by certified mail, postage prepaid and return receipt
requested, to the address provided during order/activation.
In such case, notice shall be deemed given 3 days after the
date of mailing.
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LEGAL NOTICES
Copyright and Trademark Notices
All contents of the Online Services are: Copyright ©
2000 GrantStation and/or its suppliers, GrantStation.com,
Inc., 3677 College Road, Suite 11B, Fairbanks, AK 99709; U.S.A.
All rights reserved. GrantStation is our registered trademark.
The names of actual companies and products mentioned in the
Online Services may be the trademarks of their respective
owners.
Notice to Copyright Agent
GrantStation respects the intellectual property rights of
others and requests that you do the same. Anyone who believes
that their work has been reproduced in the Online Services
in a way that constitutes copyright infringement may provide
a notice to the designated Copyright Agent for the Online
Services containing the following:
- An electronic or physical signature of a person authorized
to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work claimed to have
been infringed;
- Identification of the material that is claimed to be infringing
and information reasonably sufficient to permit GrantStation
to locate the material;
- The address, telephone number, and, if available, an e-mail
address at which the complaining party may be contacted;
- A representation that the complaining party has a good
faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent,
or the law;
- A representation that the information in the notification
is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other
notices) should be sent to the attention of Cynthia M. Adams,
President/CEO, in the following manner:
- by mail: GrantStation.com Inc., 3677 College Road, Suite
11B, Fairbanks, AK 99709
- by phone: (Toll Free) 877.784.7268
- by fax: 907.458.7277
- by email: clientsupport@grantstation.com
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