Terms of Service for Giving USA Products
Please read the terms and conditions of this agreement carefully. Your use of our products and content obtained through this website means that you agree to the following terms and conditions herein.
The rights to this product are owned by Giving USA Foundation, which owns, controls, and has legal permission to license all the Content available on the Giving USA website. If you do not agree with the terms and conditions herein, you should not download the products available on this website, whether you purchased these products or obtained them for free.
The intellectual property found within Giving USA products is owned by Giving USA Foundation. Use of this intellectual property is bound by the laws of the State of New York.
Customer: Any person who downloads or purchases any Giving USA product for free or for a price.
Content: Giving USA products include the annual report package and book, PowerPoint presentations, free Highlights, the Graph Pack, Giving USA Spotlights, and any materials created for, by, and about Giving USA data or content posted on this website.
Owner: Giving USA Foundation , known and referred to here as “Giving USA”
TERMS AND CONDITIONS
1. Any Content downloaded by you, the Customer, from www.givingUSA.org is licensed for individual use only, with the exception of the Library Rate package which provides the rights to post to a digital database for student, faculty, and staff access. Customers may not sublicense or otherwise make the Content available to others for their use by copying and distributing in paper form or disseminating through electronic means by sharing the www.givingUSA.org customer login user name and password, scanning, emailing, or distributing through any other electronic means.
Content downloaded by the Customer upon payment, whether in PowerPoint, PDF, digital format (DRM), or any other electronic means, may not be utilized on more than one computer owned by the Customer at the same time, by any non-Customer, or on any network server unless a network version has been purchased from Owner.
Customer may not use the Giving USA, The Giving Institute, Giving USA Foundation, or Indiana University Lilly Family School of Philanthropy trademarks or logos except as may be set forth in this license.
2. Customers may copy the Content in machine readable form onto another drive or disc for “backup” purposes only; however, no more than two backup copies (including the original if the content was transferred to a hard disk) may be made and only for this purpose, and provided that Customer agrees to replicate the copyright notice shown below on any such copies; and
For the purposes of this Agreement, “Content” shall mean any material downloaded, including without limitation, any files, images, programs, tools, data, or any other items available in the product, to include, but not be limited to, trademarked and copyrighted materials. Customer may not use any Giving USA product for resale or re-engineering purposes.
RESTRICTIONS Customer hereby acknowledges Giving USA Content is and shall remain the property of Giving USA and that, except as expressly provided for in this Agreement, no right is granted to Customer to (i) copy or transfer all or any part of the Content, (ii) modify the Content or merge or utilize all or any part of the Content with or into any other computer program, or (iii) redistribute, sell, compile, reverse compile, disassemble, or otherwise reduce the Content to a machine or human readable form for any reason whatsoever.
COPYRIGHT AND NOTICE This website and the content within are copyrighted by and belong to Giving USA Foundation and except as permitted by this agreement, customer may not duplicate the content. Customer shall not alter or remove, or permit any person to alter or remove any of the copyright or other notices of Giving USA, stated in or affixed to the content, or on any covers or other packaging material containing this custom program or documentation.
TERMS This Agreement and the rights granted in this Agreement are effective until terminated. Customer may terminate this Agreement voluntarily at any time or by not renewing this annual agreement. If Customer transfers possession of any Content without the express written consent of Giving USA or otherwise fails to abide by the terms hereof, this Agreement shall be automatically terminated and Customer shall immediately forfeit any right to the continued access of the website. Customer does hereby authorize Giving USA to deny Customer access to the website in the event of Customer’s unauthorized use or disclosure of any Content, and Customer does hereby agree to indemnify and hold harmless Giving USA from any and all costs, expenses, claims, losses, causes of action, judgments, and/or awards arising from and/or in connection with Customer’s breach of this Agreement, including all reasonable attorney’s fees, interest, court costs, and consequential and incidental damages. The revocation of this Agreement pursuant to these terms shall not result in the refund of any monies paid by Customer.
LIMITED WARRANTY When used as directed, Giving USA warrants to Customer that for a period of ninety (90) days from the date of its delivery, (i) any Giving USA product will perform substantially in accordance with the specifications stated, and (ii) any downloaded material is free of any virus and defects in materials and workmanship. Giving USA‘s entire liability and Customer’s exclusive remedy shall be, with respect to the warranty above at the option of Giving USA either (a) a return of the Customer’s fee paid, or (b) correction of any errors or bugs identified to Giving USA to bring the Content in substantial conformity with the specifications. Any such claim or return should be made to Giving USA at the address noted in the “Contact Us” page, together with written notification of the defect or error. This warranty gives you specific legal rights, however, you may also have other rights which vary from state to state.
DISCLAIMER OF OTHER WARRANTIES EXCEPT AS PROVIDED ABOVE, GIVING USA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH GIVING USA HEREBY EXPRESSLY DISCLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THAT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL GIVING USA FOUNDATION AND/OR INDIANA UNIVERSITY BE LIABLE, WHETHER IN CONTRACT OR IN TORT, OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CONTENT, INCLUDING, WITHOUT LIMITS, LOST PROFITS OR REVENUES, EVEN IF GIVING USA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the limits or exclusion of liability for incidental or consequential damages therefore, the above limitations or exclusion may not apply to you.
COMPLETE AGREEMENT This Agreement supersedes all prior written or oral agreements between the parties hereto, if any, and is not assignable. It may be amended only in a written document that is signed by an authorized officer of Giving USA, or such as may be published on this website by Giving USA.
LINKS TO THIRD PARTY SITES Giving USA provides links to third-party sites as a convenience to its Customers. Giving USA does not control the content on these third-party sites and therefore is not responsible for these sites. Any transaction entered into between the Customer and one of these sites is the Customer’s sole decision and risk.
MISCELLANEOUS No failure or delay to exercise any right or remedy under this Agreement shall operate as a waiver by Giving USA, and a single or partial exercise of any right or remedy will not preclude the further exercise of such right or remedy or any other right or remedy. This Agreement shall be construed and enforced in accordance with the laws of the United States and the State of New York. Customer does hereby consent to the exclusive jurisdiction and venue of the federal and state courts in New York for resolution of any dispute arising from and/or in connection with this Agreement.