Claude Worthington Benedum Foundation
Effective Date: January 21, 2019
1. Your Obligations
(1) Your Information
When you provide information about yourself and your employer or the business entity of which you act on behalf, in applying for a grant or a program offered by us, you agree to provide accurate, current, and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or Benedum has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, Benedum may suspend or terminate your application, grant or participation in a program, in addition to exercising all rights and remedies allowed by law, without being liable to you.
(2) User Content
When you submit an application to our Grants Program, we may also collect documents such as your organization’s financial statement, letter of determination, and current members of governance structure (“User Documents”) to help us to access whether or not to approve your grant application. When you submit an inquiry and comments about our Site and Services, you may provide us with inputs and insights online or through emails and phone calls (“User Inputs”) (“User Documents” and “User Inputs” together, “Content”).
You agree not to upload, post, or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to be: (a) defamatory, obscene, invasive to another person’s privacy or confidential information; (b) infringing upon any third party’s intellectual property rights, including but not limited to, any patent, trademark, trade secret, copyright, or right of publicity; (c) containing any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or (d) in violation of any applicable license, law, or contractual or fiduciary duty of any party.
(3) Use Restrictions
Recognizing the global nature of the Internet, you agree to comply with all applicable local laws and rules regarding online conduct and acceptable content. In particular, in using our Services and the Site, you agree that you will not under any circumstances:
• attempt to, or harass, abuse or harm another person, group, or entity;
• interfere or attempt to interfere with the proper functioning of the Site;
• make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape the Site or harvest or manipulate data;
• publish or link to malicious content intended to damage or disrupt another User’s browser or computer; and
• frame the Site or create a link to any part of the Site other than the home page without our prior written consent.
2. Limitations of Liabilities
(1) OUR SERVICES AND THE SITE, INCLUDING ALL ITS CONTENT, FUNCTIONALITY, AND ASSISTANCE, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES FROM EITHER US OR ANY THIRD PARTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(3) The Site is provided as is and when available, and we may change any or all of its content, functionality and Services in our discretion at any time without notifying you. We may also do this for particular activities even if you have started to participate. For example, we can change our Grants Program description at any time even if you have already applied. Also, we reserve the right to correct, change, withdraw or do anything else with our Grants Program description without being liable for any consequences even if you have already taken action based on it.
(4) You acknowledge and understand that your submission of an application to any of our Grants Program or other programs does not guarantee acceptance. You also acknowledge and understand that we will not pay you or anyone else a commission or any other forms of compensation if we have not entered into a valid written contract with you first even if we accept your application or make a grant to you. We may also use, delete or ignore any information you provided without paying you anything and without undertaking any duties to you or anyone else absent a valid written contract with you.
(5) Our Site may contain links to websites of third parties or contents provided by third parties such as our sponsors. While their information, products and services may be helpful to you, these third parties are independent entities and we do not control or endorse them. We do not guarantee the quality, reliability, or suitability of any third party services provided, made available or linked through our Services and we will bear no responsibility for such third party services and contents. You agree that any visits to linked sites or third party contents are solely at your own risk. There may be, from time to time, third party contents and services on our Services that are subject to further terms, including terms from the relevant third party that originally produced such contents and services. In such cases, you agree to comply with any such further terms and conditions.
3. Intellectual Property
(1) You understand and agree that all right, title, and interest, including all intellectual property rights, in and to our Services and Site (“Benedum IP”) belong to us and/or our licensors at all times.
7. Dispute Resolution