PEAK Grantmaking (“PEAK,” “we,” “us”, or “our”) operates this website (the “Website”), and may provide certain other services and/or other interactions with us (collectively, the “Services”), all of which are subject to the terms and conditions stated herein (these “Terms and Conditions”).
By your use of the Services you agree to these Terms and Conditions, and you certify that you are 18 years old or older and are able and competent to agree to and comply with these Terms and Conditions. The Services are not intended for individuals under the age of 18.
PEAK reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms and Conditions may jeopardize your continued use of the Services and may result in the cancellation of your account, among other consequences.
THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED. IN THE EVENT WE REASONABLY DETERMINE THAT ANY ACTION OR ATTEMPTED ACTION WAS MADE BY OR THROUGH USE OF ANY ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE HAVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DENY OR CANCEL ANY SUCH ACTION OR ACCOUNT.
BY USING THE SERVICES, YOU AGREE TO ARBITRATE DISPUTES AGAINST PEAK IN YOUR INDIVIDUAL CAPACITY IN ACCORDANCE WITH THE “ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER; ENFORCEMENT OF TERMS AND CONDITIONS; GOVERNING LAW” SECTION BELOW AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
PEAK reserves the right, at any time and without notice, to add to, change, update, or modify these Terms and Conditions simply by posting such addition, change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. We suggest that you check these Terms and Conditions periodically for changes.
To understand how we collect, use and safeguard the information you may provide to us via the Services, including personal information, please review PEAK’s [Privacy Note]((http://netgrant.org/privacy/).
If you create an account on the Services, you are responsible for maintaining the confidentiality of your account information and password, and for protecting and restricting access to such information. You understand and agree that you are responsible for all activities that occur using your account or password, whether or not you authorized such activity. PEAK reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict access to all or part of the Services for any reason, including, without limitation, for extended periods of inactivity.
PEAK endeavors to be accurate when describing and displaying products on the Services. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services or inventory databases). Certain measures and similar descriptions are approximate and are provided for convenience purposes only. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Services. As a result, and as set forth in the “DISCLAIMERS” section below, PEAK does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Services, including prices, images, specifications, and indications of availability. PEAK reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Subject to these Terms and Conditions, you are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Services and view the content, functionality, software, information, data, products, and materials contained, described, referenced, or available on the Services (collectively, “Materials”) for your personal and non-commercial purposes. Neither title nor intellectual property rights are transferred to you, but remain with PEAK, who, along with its licensors, is the exclusive owner of all rights, title and interest therein. Except as otherwise expressly provided, all rights are reserved to PEAK.
In connection with this license, you may download Materials, provided that you do not modify or alter the Materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein.
You may include a link to the PEAK website on one or more other websites, social media accounts, or other online services operated by you, provided that you do not violate any of the below “RESTRICTIONS ON USE” or incorporate or include any Malicious Code (as defined below) and/or content that is disparaging, abusive, harassing, illegal, discriminatory, fraudulent, or violates the intellectual property, privacy, or other rights of PEAK or any person or entity. This limited license expressly prohibits any activity that may confuse, misdirect, or misrepresent with respect to sponsorship or affiliation.
The Services are intended and designed for use only within the United States. If you are using the Services from outside the United States, you are responsible for compliance with applicable local laws, and by your use of the Services you acknowledge that the Services are subject to the laws of the United States, as further provided in these Terms and Conditions.
You agree that you shall not:
(a) Copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, rent, lease, lend, otherwise distribute or commercially exploit in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Services or any Materials obtained from or through the Services;
(b) Use the Services or any Materials in any way that might confuse, misdirect, or misrepresent their source, or sponsorship or affiliation thereof or therewith;
(c) Use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Services or any Materials, interfere with product inventory or availability, or otherwise take any actions with respect to the Services or Materials;
(d) Take any action that imposes an unreasonable or disproportionately large load on the Services;
(e) Take any action in connection with your use of Services or Materials which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; or
(f) Otherwise use the Services for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to PEAK or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”).
All Services and Materials, any improvements or modifications to such Services and Materials, any derivative works based thereon, and the collection, arrangement and assembly of all such Services and Materials, are, except as otherwise expressly stated herein, owned exclusively by PEAK or its licensors, and PEAK (and, as applicable, its licensors) reserve all rights therein. The contents of the Services and Materials are protected by United States and worldwide copyright and intellectual property laws and treaty provisions. The trademarks, service marks, trade names, logos, and other identifiers used in or in connection with the Services and Materials are the proprietary service marks or trademarks of PEAK, its licensors, or third parties, and are protected in the United States and internationally. No copying, modification or use of any of these marks or identifiers may be made without the prior, written authorization of PEAK or its licensors (as applicable). Except as expressly set forth above, nothing in this Agreement shall be deemed to grant to you or any other individual or entity any license or right in or to any copyright, trademark, trade secret or other proprietary right, whether owned by PEAK, its licensors, or any other person.
As part of your use of the Services, you may submit certain data and information through the Services to allow the functioning of the Services, such as information about your organization, financial information about grants and salaries, and similar information (“Your Data”). As between you and PEAK, you own all Your Data, and, except as described below, all results and derivatives of Your Data. In using the Service, you are able to include information, including personal information, about other individuals; you are instructed not to submit other individuals’ personal information in the Services, and to the extent that you choose to do so, you are fully responsible and liable with respect to all such personal information, since the Services are not designed or intended to hold such personal information and may not be appropriately secured to hold such personal information.
PEAK may use Your Data in aggregated or de-identified form for research and its own business purposes, and such aggregated or de-identified data shall no longer be deemed Your Data.
THE SERVICES AND ALL MATERIALS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (b) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE SERVICES OR MATERIALS; (c) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES, MATERIALS, AND/OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR MALICIOUS CODE; AND (d) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, PEAK CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE MATERIALS ACCESSIBLE ON OR VIA THE SERVICES ARE ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT, AND PEAK IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PEAK, ITS PARTNERS, NOR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF PEAK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS SOLD THROUGH THE SERVICES, NOR THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA THE SERVICES, NOR WILL PEAK, ITS PARTNERS, OR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM USE (INCLUDING MISUSE) OF ANY PRODUCTS OR MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, PEAK’S AGGREGATE LIABILITY WITH RESPECT TO ITS PRODUCTS AND THE SERVICES, OR OTHERWISE UNDER THESE TERMS AND CONDITIONS, COMBINED WITH THAT OF PEAK’S PARTNERS AND ITS AND THEIR THIRD PARTY PROVIDERS AND LICENSORS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS YOU PAID TO US WITH RESPECT TO THE APPLICABLE PRODUCT UNDER THESE TERMS AND CONDITIONS THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
To the extent permitted by applicable law, you agree to indemnify and hold PEAK, its partners, its licensors, and its and their affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, licensors, successors, transferees, and assignees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (a) your use of the Services, or any Materials, content, information, or services contained, displayed, available or accessible on or from the Services; (b) your violation of these Terms and Conditions; (c) Your Data (including with respect to any personal information); (d) any Submission (as defined below) provided by you to PEAK; or (e) your violation of any rights of any third party.
The Services may provide links or references to third party websites, mobile applications, services, or materials which are not provided by, related to, or maintained by PEAK. PEAK has no responsibility for the content thereof, regardless of whether the link is provided by PEAK or a third party, and PEAK shall not be responsible or liable for any damages or injury arising from your access to or use of that content. You should review any terms and conditions and the privacy policies and statements (and similar documents) associated with such third-party websites, applications, services, or materials before use.
The display of any link shall not and does not constitute or imply endorsement by PEAK or its partners or its and their licensors of the linked website or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Services may link, including information on such other website regarding PEAK or its partners.
While PEAK appreciates your comments and is happy to answer your questions about our products, our services, and our company, we generally do not accept ideas, know-how, inventions or suggestions for products and services (“Submissions”). This is for your protection and for ours, and to avoid misunderstanding about the origin of Submissions between you and PEAK. In the event that you provide any Submissions, whether in the form of feedback or otherwise, any such Submissions, and any remarks, graphics, or other information provided by you by any means, including through the Services, email, any contact functionality on the Services, or otherwise, is and will be non-confidential and non-proprietary and may be used by PEAK for any purpose (for which purpose, but submitting such items, you grant PEAK a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple levels), royalty-free right and license) except to the extent that such contains or constitutes personal information, which is subject to the guidelines established in our Privacy Notice. [Insert Hyperlink.]
ENFORCEMENT OF TERMS AND CONDITIONS; EQUITABLE RELIEF You acknowledge and agree that the terms contained in this Terms and Conditions are reasonable and necessary, and that your actual or threatened breach of this Terms and Conditions would give rise to irreparable harm to PEAK for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle PEAK to immediate injunctive and other equitable relief without any requirement to post bond, and the arbitration provisions below shall not apply with respect to the above.
These Terms and Conditions are governed and interpreted pursuant to the laws of the State of Maryland, notwithstanding any principles of conflicts of law. Notwithstanding anything to the contrary, the Uniform Computer Information Transactions Act (UCITA) does not apply to the Services or these Terms and Conditions. If you use the Services from other locations you are responsible for compliance with applicable local laws. If you take legal action relating to these Terms and Conditions or your interactions with or relationship to PEAK that for any reason is not subject to arbitration as provided below, you agree to file such action only in the state and federal courts located in Montgomery County, New York and waive any objection you may have to the venue or forum.
Any controversy or claim between you and PEAK arising out of or relating to these Terms and Conditions, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of the Terms and Conditions, will be resolved by binding arbitration in Montgomery County, Maryland under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and administered by the AAA. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, PEAK and you shall each select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by PEAK and you are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA.
NEITHER YOU NOR PEAK WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS AND CONDITIONS. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.
If any part of these Terms and Conditions is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.
You may not assign or otherwise transfer these Terms and Conditions or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be null and void. The failure of PEAK to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms and Conditions set forth the entire understanding between you and PEAK with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and PEAK with respect to such subject matter.
You guarantee that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
PEAK expressly reserves the right to monitor any and all use of the Services. PEAK also reserves the right to investigate and take legal action against any against any illegal and/or unauthorized use of the Services and/or Materials. PEAK’s decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of any provision of this Agreement or any of PEAK’s legal rights.
These Terms and Conditions constitute the entire agreement between you and PEAK with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and representations, whether written, oral, or otherwise.
Questions regarding these Terms and Conditions should be directed to:
PEAK Grantmaking Attn: Melissa Sines 1666 K Street, NW, Suite 440 Washington, DC 20006 firstname.lastname@example.org