Terms of Service
Last Updated: May 25, 2018
These Terms of Service (“Terms”) govern your access to and use of the websites (“Sites”) and products, software services, and applications (“Software”) (collectively, including all underlying technology, “Services”) made available by CyberGrants, LLC (“CyberGrants,” “we,” “us,” or “our”). Our Services include: Grant Management Software, Employee Engagement Software, Disbursement Solutions, Apply OnLine, EasyMatch, and Consiva.
CyberGrants reserves the right to revise these Terms at any time. All changes will be effective immediately upon posting to the Services and, by accessing or using the Services after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Services. Therefore, please continue to frequent this page as these Terms can change at any time.
CyberGrants’ clients who have entered into agreements with CyberGrants for our Services (“Clients”) may designate authorized users from among their employees, contractors, and agents (“Authorized Users“) with the right to access and use our Services. To access our Services you must be an Authorized User and at least eighteen (18) years old.
Acceptable Usage of the Services; Compliance with Laws
You may use the Services only for legitimate philanthropic purposes, including charitable donation, volunteer activities, grantseeking and grantmaking, and otherwise for your own internal use. You may download and print one copy of the Services’ visible content for your own personal or internal use as long as you do not modify or delete any copyright, trademark, or other proprietary notices. You may not otherwise copy, duplicate, display, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, create derivative works of, destroy, or disparage the Services, including any content of the Services.
You may not use the Services for unlawful purposes. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Services, including all applicable rules regarding online conduct.
Prohibited Usage of the Services
The Services are intended, in part, to be a vehicle by which an entity founded and operated for the benefit of others, typically a not-for-profit, nonprofit, charitable, or tax-exempt organization (“organization“), could potentially receive or provide funding and donations. Likewise, CyberGrants provides online services using which foundations, corporate contributions departments, and other legal charitable organizations to track and manage such funding and donations.
CyberGrants strictly prohibits the use of the Services for the following, but not limited to the following, usages:
- Attempts to defraud foundations, corporate contribution departments, and other charitable organizations into funding fictitious, personal, or other illegal grant requests.
- Creating grant proposals while using another not-for-profit’s Tax Identification Number.
- Creating false foundation memberships, corporate contribution department memberships, or other charitable organization memberships and attempting to approve or decline grant proposals submitted by not-for-profits.
- Creating news releases and other content through memberships which are inaccurate, harmful, hateful, or disparaging toward any other individual, organization, or the Services.
- Inappropriately categorizing a not-for-profit organization or a grant proposal submitted by a not-for-profit organization.
- Deleting or modifying the information submitted by another member of the Services or not-for-profit organization.
- Submitting inaccurate information via the Services, committing fraud or falsify information in connection with your use of the Service, or acting maliciously against the business interests or reputation of CyberGrants.
- Engaging in data mining or similar data gathering or extraction activities or retrieving data or other content from the Services for purposes of creating or compiling that content for any purpose other than your authorized use of the Services as permitted by these Terms.
- Accessing, using, or copying any portion of the Services, including any of their content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- Using the Services to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Engaging in activities that aim to render the Services or associated services inoperable or to make their use more difficult are prohibited.
- Selling or otherwise transferring your Services account.
- Impersonating, or attempting to impersonate, another user or person.
- Creating an account for any person other than yourself.
Intellectual Property Rights
The Services, including their text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content is exclusively the property of CyberGrants or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to CyberGrants or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Copyright © 2019 CyberGrants, LLC. All rights reserved.
The Services may allow you to sign up for online services provided by CyberGrants and to log into your online CyberGrants account if you have signed up for those services. All access to and use of CyberGrants’ online services is governed by both these Terms and any additional terms or separate agreement(s) between you and CyberGrants that apply to those online services (“Additional Terms“), for example, with respect to our online disbursement solutions, the CyberGrants Disbursement Solution Additional Terms of Service. All information related to your usage of our online services is solely your responsibility. Under no circumstances should you give your username or password to anyone at any time. It is your responsibility to report any suspected misuses of your username, password, or membership sign-up information to CyberGrants.
The Site may post career opportunities and include instructions on how to apply for those positions. You will not provide to us a resume or any job application materials for any person other than yourself. You warrant that all information contained in any resume and other materials you provide is current, accurate, and complete. Your submission of a resume or other job application materials does not in any way require CyberGrants to review those materials or consider you for employment. Career opportunity descriptions on the Site are subject to change at our sole discretion without notice.
Program, Product, and Service Availability
Any programs, products, or services that may be mentioned on or made available through the Services are subject to availability and terms not described in these Terms may apply. CyberGrants may change the programs, products, and services mentioned on the Services at any time without notice.
THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. CYBERGRANTS MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, DATA, AND OTHER INFORMATION ON THE SERVICES (EXCLUDING ANY USER-GENERATED CONTENT) IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED.
CYBERGRANTS MAKES NO WARRANTY THAT THE SERVICES WILL ENSURE YOUR OR ANY OTHER PERSON’S COMPLIANCE WITH REGULATORY PROGRAMS. CYBERGRANTS DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICES. CYBERGRANTS DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. CYBERGRANTS IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBERGRANTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NONINFRINGEMENT, AND ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. CYBERGRANTS HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
WE DO NOT WARRANT OR ENDORSE ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE RESPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.
WE MAKE NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SERVICES FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICES, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM CYBERGRANTS OR IN ANY MANNER FROM THE SERVICES CREATES ANY WARRANTY.
NO WARRANTY FOR FUNDS, GRANTS, OR DONATIONS
The Services are a venue which acts as an arena for multiple philanthropic purposes, which includes the function for not-for-profits to submit on-line proposals to foundations, corporate contributions departments, and other legal charitable organizations which they have researched and selected as possible funding sources for legitimate tax exempt purposes. Foundations, corporate contributions departments, and other legal charitable organizations also use the Services as a venue to collect on-line proposals submitted to them by not-for-profits and subsequently make funding decisions. CyberGrants is never involved with the approval or declination process of any grant proposal submitted through the Services nor does CyberGrants monitor or control the legitimacy, accuracy, spelling or purpose of any grant proposal or other information related to, but not limited to, news releases, categorization of grants, grantmaking decisions or any financial tracking items of foundations, corporate contributions departments or charitable organizations.
CyberGrants does not guarantee that users of the Services are who they claim to be. To this extent, all visitors of this Services, including, but not limited to, Clients, Authorized Users, not-for-profit organizations seeking grants, foundations, corporate contributions departments and other legal charitable organizations, release all CyberGrants Parties (as defined below) from any and all claims, demands and damages which arise from disputes of alleged or known misuses of the Services.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CYBERGRANTS, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “CYBERGRANTS PARTIES”) BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES (INCLUDING BUT NOT LIMITED TO THE INPUT OF PERSONAL AND OTHER INFORMATION INTO THE SERVICES), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES, PROFIT LOSSES, FUNDING DECLINATIONS, DAMAGES RESULTING FROM LOST OR INACCURATE DATA, AND ANY OTHER LOSSES OR DAMAGES OF ANY KIND, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A CYBERGRANTS PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL CYBERGRANTS PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree that CyberGrants reserves the right to immediately and without warning terminate your access to the Services for any reason, including, but not limited to, non-compliance with these Terms. CyberGrants will not be liable to you for any terminated access to the Services.
You agree to indemnify, defend, and hold harmless CyberGrants Parties from and against any and all claims, actions, suits, demands, complaints, and proceedings, as well as any and all losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (1) your access to or use of the Services; (2) your provision of User-Generated Content (including claims that such content infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or organization, defames any person or organization, or violates their rights of publicity or privacy); (3) any misrepresentation made by you in connection with your use of the Services; (4) your breach of these Terms; (5) your noncompliance with or violation of applicable laws or regulations; (6) your donations using the Services; or (7) your misuse of the Services or of any material, data, or other information downloaded or otherwise obtained through or from the Services. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Third-Party Websites and Services
Linking to the Site
If you operate a website and are interested in linking to the Site: (a) the link must be a text-only link and clearly marked; (b) the link must “point” to the URL “http://www.cybergrants.com” and not to any other page; (c) the link and its use must be in connection with a website of appropriate subject matter that furthers the mission of CyberGrants; (d) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with CyberGrants’ names and trademarks; (e) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by CyberGrants; and (f) the link, when activated by a user, must display the Site full-screen and not within a frame. CyberGrants reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
The Services may allow you to create, post, transmit, upload, publish, distribute, broadcast, submit, or otherwise provide comments, data, text, images, video, audio, and other content and material via the Services and to respond to content provided by others (collectively, “User-Generated Content“). User-Generated Content is neither generated nor controlled by CyberGrants. CyberGrants is not responsible for any User-Generated Content.
User-Generated Content is not monitored. CyberGrants reserves the right, but does not have the obligation, to review, prescreen, edit, redact, otherwise modify, reorganize, recategorize, and delete User-Generated Content at any time at its sole discretion. CyberGrants has no obligation to archive or otherwise store any User-Generated Content. CyberGrants reserves the right to impose limits on features of the Services (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Services at any time for any reason, including breach of these Terms.
Please keep in mind that the User-Generated Content you provide may be available to other users of the Services. You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof. By providing User-Generated Content you warrant that you are the creator or owner of that User-Generated Content or that you otherwise have the rights, permissions, and consents necessary to provide that User-Generated Content to us and to allow us to use that User-Generated Content as permitted by these Terms. You retain any copyright or other intellectual property right you may have in User-Generated Content that you provide, subject to the license granted to CyberGrants below. User-Generated Content must be relevant to the applicable topic. User-Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited.
You grant CyberGrants a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide license to copy, modify, adapt, reformat, translate, excerpt, prepare derivative works of, store, publish, perform, display, and otherwise use and distribute any User-Generated Content provided by you in any and all media or distribution methods (now known or later developed). You understand that this license allows us to make User-Generated Content you provide to other persons and entities, including other users of the Services. You understand that this license allows us to use User-Generated Content to develop and market products and services.
We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Services if we become aware of the same. It is our policy to terminate repeat infringers’ use of the Services. If you believe that anything on the Services infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:
- A description of the copyrighted work(s) that you claim have been infringed;
- A description of the allegedly infringing material, including its location on the Service;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your email address, telephone number, and mailing address;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Your notice must meet the then-current requirements implemented by the DMCA. Contact information for our designated agent for notice of claims of copyright infringement is:
Michael Arcati, firstname.lastname@example.org; 978-824-0300; 300 Brickstone Square, Andover, MA 01810, Attention: General Counsel
CyberGrants welcomes comments regarding the Services. If you submit comments or feedback to us, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
Governing Law; Disputes
These Terms are governed by the laws of the state of Massachusetts, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Boston, Massachusetts, with respect to any dispute arising under these Terms unless otherwise determined by CyberGrants in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts. The Uniform Computer Information Transactions Act or any version thereof adopted by any state in any form does not apply to these Terms. The United Nations Convention for the International Sale of Goods does not apply. Any cause of action or other claim with respect to the Services must be commenced within one year after the cause of action or claim arises.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent.
These Terms do not confer any rights, remedies, or benefits upon any person other than you and CyberGrants, except that our affiliates are third-party beneficiaries of these Terms.
Except for your payment obligations, neither party will be liable for failure or delay in performing any obligation under these Terms due to circumstances beyond its reasonable control that prevent it from performing its obligations, including without limitation acts of God or nature, actions of the government, fires, floods, strikes, civil disturbances, terrorism, and power, communications, satellite, or network failures.
Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, and dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Services.
All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Please direct any questions and concerns regarding these Terms or the Services to us by email at email@example.com, by telephone at 978-824-0300, or by mail at CyberGrants, LLC, 300 Brickstone Square, Suite 601, Andover, MA 01810.