Terms and Conditions
The Nimble Net™ system (“Service”) and Web site is owned and operated by Nimble Press. Nimble Press administers online application services and awards programs on behalf of grant-giving and award organizations (“Customer”)as specified in each award application. We provide tools and processes to help individuals and organizations (“users” and “you”) apply for grants and enter contests on behalf of grant-giving and awards organizations as specified for each application program.

Please review our terms and conditions, which govern your use of the Service. By using this site, you acknowledge that you've read, understand and agree to be bound by these terms. The terms and conditions below and any other rules or policies set forth on this site comprise the entire agreement between you and Nimble Press and supersede all prior agreements between us.

Modification To Services Provided; Terms of Use
We will notify you of changes we make by posting a notice on our Site, or, if we choose, by sending you an email. If you do not accept the changes, you must terminate your use at that time. Your use of the site or the Services after the notice is posted (or we send you the email) shall be deemed to be acceptance of the modification or termination of the Services or these Terms of Use.

Nimble Net System
Nimble Net™ is Nimble Press’ proprietary system for processing applications for grants and awards.  Nimble Net™ includes the On-line Judging System, the On-line Application System, and the Applicant Data System, as well as the software, proprietary elements, documentation, records and other Nimble Press-owned or licensed trade secrets or know-how related to any of these, and Nimble Press’ intellectual property rights in these.

Usage
The Service and site contain information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Nimble Press or third parties. All Content on the Service and site is copyrighted as a collective work of Nimble Press pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service.

Nimble Net™ may be used only for lawful purposes and the usage of Nimble Net™ in connection with or adjunct to any matter or thing which violates any foreign, municipal, state, county or federal statute or regulation is prohibited.  User agrees to indemnify and hold harmless Nimble Press from and against any and all claims, actions, causes of actions, administrative or government action, liabilities, losses or damages (including legal fees and expenses) arising from the usage of Nimble Net™ by Customer.  In the event that Nimble Press, at any time, believes that Nimble Net™ is being used by the Customer in contravention of the terms and provisions of this License, the Vendor may, at its sole discretion, immediately discontinue Customer’s use of  Nimble Net™ without liability.

Registration and Password
You will provide current, complete, accurate information in the registration section of the site. You will further update and keep that information current as needed. You will provide a password in order to access the Services and your account. You are solely responsible for maintaining the confidentiality of your password and account information. You will immediately notify us of any unauthorized account activity, or any unauthorized use of your email list(s) or any other breach of security you become aware of.

Privacy
We are committed to protecting the privacy and confidential information of Users. For more information on our Privacy Policy, please click here. In using the Services and the site, you agree to comply with our Privacy Policy.

Linking
This site contains links to Web sites owned and operated by third parties. Nimble Press does not control these other sites and is not responsible for their content or their availability.

Limitation of Warranties
Subject to the terms contained in this License, Nimble Press will use reasonable efforts to provide users with access to and the right to use Nimble Net™.  Nimble Press provides Nimble Net™ to Customer on an “as is” basis.  Customer acknowledges that Nimble Press makes absolutely no other representations or warranties whatsoever, express or implied, including warranty of merchantability or fitness of Nimble Net™ for a particular purpose.  It is the sole responsibility of the Customer to determine if  Nimble Net™ is fit for the Customer’s intended use.  In the event that Nimble Net™ is unfit for any particular purpose, Nimble Press is under no obligation to alter Nimble Net™ to meet the intended use nor is Nimble Press under any obligation to provide alternates to meet the intended use. As a result, the Customer agrees that Nimble Press shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Nimble Press.  The Customer hereby agrees to indemnify and hold harmless Nimble Press from any and all claims of whatever nature brought by a grant applicant or a customer of Customer against Nimble Press.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Nimble Press, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.

Indemnification
You agree to indemnify and hold Nimble Press, its affiliates and their officers, directors, agents, employees, and licensors (including third party providers) harmless from any claim, demand, loss costs or expenses, including attorneys’ fees, made by any person arising out of your violation of this Terms of Use, state or federal securities laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right.

Entire Agreement and Severability

Unless specifically modified or supplemented by a written Services Agreement, this instrument constitutes the entire agreement between Nimble Press and the User, and represents the complete and entire understanding of the parties with respect to the subject matter herein.  This License supersedes any other agreement or understanding between Nimble Press and the User, whether written or oral.  In the event that any term or provision of this License is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this License, and the agreement which it evidences, shall remain in full force and effect.

Disputes
Venue: Should any dispute arise under the terms of this contract, the parties agree that the exclusive venue for resolution of said dispute shall be in the State or federal courts located in San Francisco, California, U.S.A.

Contacting Us
The best way to reach us regarding this information is by email: info@nimble-press.com

Effective Date: November 1, 2004
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