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Terms and Conditions
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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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