GRANTVINE™

TERMS AND CONDITIONS OF USE

INTRODUCTION

Welcome to the Internet website (the "Site") of GrantVine, LLC (“GrantVine™”).

By using the Site, any of the information, text, graphics, or other materials appearing on the Site (the “Content”), and any services provided through the Site(the "Services"), you agree, without limitation or qualification, to be bound by these terms and conditions of use and any other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with the Site, Content, or Service, all as may be modified by GrantVine from time to time in its sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use the Site or any of the Content or Services on the Site.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of this Site following the posting or other notice of changes to these Terms and Conditions constitutes your acceptance of and agreement to be bound by those changes.

PRIVACY

The use of this Site is subject to the GrantVine Privacy Statement which forms part of these Terms and Conditions.

TRADEMARKS AND COPYRIGHTS

GrantVine, the GrantVine logo, and all other names, titles, logos, and designs on this Site identifying our Content and Services, including any derivative and related names, titles, logos and designs, are trademarks and the sole and exclusive property of GrantVine. All other names, titles, logos and designs appearing on this Site are the property of their respective owners. Any use of any trademarks appearing on the Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.

The Content on this Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software. The entire Contents of this Site are also protected by copyright as a collective work and/or compilation under the copyright laws, international conventions and other copyright laws. We own the copyright in the Content original to us and in our selection, coordination, arrangement and enhancement of the Content.

Except as expressly permitted by these Terms and Conditions, no Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent. You may not copy or modify the HTML code used to generate web pages on the Site. The use of any Content for any purpose on any other website is prohibited.

VIRUSES

GrantVine assumes no responsibility or liability for any damages (including without limitation any damages causes by viruses) to your computer software, equipment or other property in connection with your access to or use of this Site or your downloading of any data, text, images, files or other materials from the Site.

MEMBERSHIP, ACCOUNTS AND PASSWORDS

You do not have to become a subscribing member to use this Site. However, if you do not become a subscribing member, you will be precluded from accessing certain Content or using the Services.

To become a subscribing member, you must complete the registration process, pay the required subscription fee for the selected subscription period, and agree to be bound by these Terms and Conditions. The current subscription rates and periods are listed in the Getting Started area of this Site.

Your subscription as a member will become effective upon your completed and accepted registration with our Site and our receipt of the registration fee. You may renew your membership at the end of the applicable subscription period at the membership rates then being offered by GrantVine. You agree to pay all fees and charges in connection with your membership subscription and any renewals, including any applicable taxes. You understand that membership rates and fees are subject to change, and that notice of such a change will be posted on the Site.

As a subscribing member, you agree to provide true, accurate and complete information about yourself ("Member Data") and to maintain and promptly update your Member Data to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your member account and refuse any and all current or future use of our website (or any portion thereof).

You agree not to assign, transfer or sublicense your rights as a member of this Site.

GrantVine prohibits the use of the Site's content and database for reproduction and distribution by anyone other than GrantVine. Members may not subscribe to the database or utilize the Site or Services for commercial use.

As a subscribing member, you also agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration and as well as all activities that occur, including transaction effected, under such password or account. Further, you agree to immediately notify the administrator of this Site of any unauthorized use of your password or account. GrantVine will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these provisions.

 

You agree not to do any of the following while using the Site, Content or Services:

(i) Upload, post, or otherwise transmit any text, graphics, or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);

(ii) Harm minors in any way;

(iii) Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of GrantVine, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with GrantVine, our affiliates or any other person or entity;

(iv) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any email, posting or other material transmitted to or through this Site;

(v) Upload, post, email or otherwise transmit any posting or other material that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(vi) Upload, post, email or otherwise transmit any posting or other material that infringes upon any patent, trade-mark, trade secret, copyright, industrial design, right of privacy or publicity or other intellectual property or proprietary rights of any party;

(vii) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;

(viii) Upload, post, email or otherwise transmit any posting or other material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(ix) Interfere with or disrupt this Site or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

(x) Intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, any regulations having the force of law;

(xi) Access, tamper with, or use non-public areas of the Site, GrantVine’s computer systems, or the technical delivery systems of GrantVine’s providers;

(xii) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services;

(xii) Collect or store personal data or attempt to collect or store personal data about other users of the Site; or

(xiii) Subscribe to the database or utilize the Site or Services for commercial use.

 

GrantVine will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. GrantVine may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that GrantVine has no obligation to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

LINKED WEB SITES

Please exercise discretion while browsing the Internet. As a service to visitors to this Site, we may include links which may take you to other websites over which we have no control. You acknowledge and agree that GrantVine is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GrantVine of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

We reserve the right to disable links to and from this Site.

DISCLAIMER AND LIMITATION OF LIABILITY

You acknowledge and expressly agree that your use of the Site is at your sole risk and discretion. GrantVine will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services. THE SITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GRANTVINE EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. GRANTVINE MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GRANTVINE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES. GRANTVINE DOES NOT GUARANTEE OR WARRANT THAT YOU WILL OBTAIN GRANTS, FUNDING, AWARDS OR ASSISTANCE FROM THE OPPORTUNITIES IT IDENTIFIES OR THAT IT HAS IN ITS DATABASE. GRANTVINE MERELY PROVIDES AN INFORMATION SERVICES AND IS NOT AN AGENT OF AND DOES NOT ENDORSE OR PROMOTE GRANTORS, OFFERING AGENCIES OR ORGANIZATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GRANTVINE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GRANTVINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT GRANTVINE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, GRANTVINE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF GRANTVINE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO GRANTVINE FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GRANTVINE AND YOU.

INDEMNITY

You agree to defend, indemnify, and hold harmless GrantVine, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Content, or Services, or your violation of these Terms and Conditions.

GOVERNING LAW AND JURISDICTION

This Site is intended for users who reside within United States of America. We make no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to visit and use this Site do so on their own initiative and are responsible for compliance with all applicable laws.

These Terms and Conditions and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, without regard to or giving effect to any principles of conflicts of law. If any provision of these terms and conditions of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

ARBITRATION AND ACTIONS

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of the Site, Content or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration conducted in Vancouver, Washington. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the Site, Content or Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site, Content or Services; and (iii) the consequences of any misuse by the minor.

SUBMISSION OF IDEAS AND/OR SUGGESTIONS

If you have ideas and/or suggestions regarding improvements or additions, GrantVine will accept them - but any submission will be subject to these Terms and Conditions. Under no circumstances shall any disclosure of any idea and/or suggestion or related material to GrantVine be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or suggestion or any related material to GrantVine, you are waiving any and all rights that you may have in the idea and/or suggestion or any related material and are representing and warranting to GrantVine that the idea and/or suggestion or any related material are wholly original with you, that no one else has any rights in the idea and/or suggestion or any related material and that GrantVine is free to implement the idea and/or suggestion and to use the related material if it so desires, as provided or as modified by GrantVine without obtaining permission or license from any third party.

GENERAL PROVISIONS

This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between GrantVine and you pertaining to your use of the Site, Content or Services and supersede any prior agreements between you and GrantVine with respect to the subject matter hereof.

GrantVine’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein.

PRIVACY STATEMENT

GrantVine is constantly striving to provide excellent service to you, our customers, while building a long-lasting relationship. To achieve these goals, we occasionally need information about you when you visit our Site.

GrantVine respects your right to privacy. When you visit the Site, you may be providing information to us on two different levels about your visit

* Anonymous statistics collected as you browse the Site, and

* Personal information you knowingly give us.

We want you to be aware of how we handle this information.

OUR COMMITMENT TO YOUR PRIVACY

GrantVine would like to assure you that we do not:

* Collect personal information from you unless you provide it to us.

* Provide or sell the names and addresses of our customers [Site users] to outside vendors.

GRANTVINE DOES:

* Safeguard customers' information from unauthorized access.

* Collect, maintain and use customer information as necessary to provide the most helpful and targeted products and services to meet customers' needs (e.g. customer care or new products or services).

* Honor customers' requests to remove their names from our e-mail solicitation lists.

* Maintain confidentiality of customer information when undertaking projects with other companies.

GrantVine values your privacy, and we reinforce this belief throughout our organization. Your information will be protected as described unless the specific web page says otherwise.

STATISTICS ABOUT YOUR VISIT

As you browse the Site, GrantVine’s web servers collect information about your visit, not about you personally. Via web server logs, we monitor statistics such as:

* How many people visit our Site

* Which pages people visit on our Site

* From which domains our visitors come

* Which browsers people use to visit our Site

While we gather this information, none of it is associated with you as an individual. We use these statistics to improve our Website, to monitor its performance, and to make it easier for you and other visitors to use.

SHARING OF THE INFORMATION THIS SITE GATHERS/TRACKS

The information you submit is never shared with any third parties unless it is necessary to complete your request.

Thank you again for choosing GrantVine.