Disclaimer and Terms
Legal Disclaimer
You agree to be bound by the following Legal Disclaimer and terms and conditions. If you do not agree to this disclaimer and the terms and conditions, you agree not to use the Grant Spy website nor subscribe to receive e-mail from Grant Spy.
THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS, OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
All responsibility and liability for any damages caused by computer viruses contained within the e-mail issued by Grant Spy are disclaimed.
Terms and Conditions
1. General. "You" means means the single end-user customer executing this Agreement. "You" refers solely to paying customers of Grant Spy, and does not refer to non-paying recipients of free e-mail, with whom Grant Spy shall make no Agreement.
"Product" means the data contained within the database and presented in any and all forms including electronic mail (e-mail) and website page views.
2. Fees. You agree to pay a Fee each and every month during which this Agreement is in force, which will be billed automatically to the credit-card provided by you. This credit card information will be securely stored by a third-party merchant services provider. You may terminate this agreement at any time, but you shall be entitled to no refund of Fees already charged to your credit card during the prior 30-day period. An order to terminate a subscription will be accepted only with proper identification, such as when submitted via the "Cancel subscription" link in the subscriber's website Folder.
3. Access to the Product. In return for your monthly Fee, and contingent upon your continued payment of said Fee, Grant Spy agrees to permit you to access the Product through e-mail and the website. Grant Spy shall make a reasonable effort to ensure that you have constant and continuous access to the Product, but does not guarantee access at any particular moment. You acknowledge and agree that your access to the Product via the Internet is contingent upon many independent factors, some of which are beyond the control of Grant Spy.
Grant Spy shall not be liable or be deemed to be in default for any delay or failure in performance or interruption resulting directly or indirectly from any cause or circumstance beyond the reasonable control of Grant Spy; equipment, or telecommunications failure; labor dispute; or failure of any third party to perform any agreement with Grant Spy that adversely affects Grant Spy's ability to perform its obligations hereunder.
Grant Spy shall make a reasonable effort to ensure that you are able to receive and read e-mail sent to you from Grant Spy, but makes no guarantee concerning receipt or condition of e-mail. You acknowledge and agree that it is your responsibilty to ensure that the software and hardware that you use to receive and read e-mail from Grant Spy is configured properly. Grant Spy may, at its discretion, offer technical suggestions intended to help you to receive and read e-mail, but shall be under no obligation to do so, and shall in no way be liable for any consequences that may result from alterations made to your software or hardware.
4. Nature of the Product. Grant Spy agrees to make updates to the Product on a timely basis, but makes no guarantee concerning the amount, frequency, or quality of updates. You acknowledge and agree that Grant Spy's ability to make updates to the Product is contingent upon the availability of information provided by funders such as federal government agencies, which is beyond the control of Grant Spy.
Grant Spy agrees to make a reasonable effort to issue e-mail bulletins each business day, but shall be under no obligation to do so. You acknowledge and agree that if Grant Spy fails to make updates to the Product or to issue e-mail bulletins on a timely basis, in no event will the total aggregate liability of Grant Spy for any claims, losses, or damages arising under this agreement and services performed hereunder, whether in contract or tort, including negligence, exceed the total amount paid by you to Grant Spy during the preceding 30-day period, even if Grant Spy has been advised of the possibility of such potential claim, loss, or damage.
5. License and Prohibitions. Grant Spy grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable right and license to create on-line or off-line printouts of the Product, and reproduce, reformat, analyze, print and display such printouts, to download and store, in machine-readable form, portions of such materials as included in any individual file accessed by you, in connection with your normal business activities. You understand and agree that this license is granted to you individually, and not to your organization. However, this license permits you to share the Product with other individuals employed by you or your organization as needed to conduct your organization's normal business. You agree not to share the Product with other individuals or parties except under the conditions stated above. Except as expressly authorized in this Agreement, you agree not to sell, rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify, store, or time-share the Product. You agree to take all reasonable steps to protect the Product from unauthorized access, copying, or use. Grant Spy reserves all rights not expressly granted to you.
You will be identified by the combination of your e-mail address and password, which will enable you to access the website and database and to make changes to your account. You agree not to enable nor allow other parties to gain access to the Product by using your personal combination of e-mail address and password. You agree to assume sole responsibility for the security of passwords issued to you. If you believe that someone is using your password, you must notify Grant Spy immediately. If you enable or allow other parties to gain access to the Product, Grant Spy may immediately terminate this Agreement, without refund of any Fees, and you agree to pay additional Fees, in addition to other remedies Grant Spy may obtain.
6. Proprietary Protection. As between you and Grant Spy, Grant Spy shall be the sole owner of the Product, including any adaptations or copies thereof, and including associated intellectual property rights, provided to or accessed by you pursuant to this Agreement. Copies may be made only to allow you to exercise your rights under this Agreement. Grant Spy claims U.S. and foreign copyright ownership with respect to the Product as compilations and expressions of distinctive and creative formats. It is Grant Spy's practice to place copyright notices and/or other proprietary legends in report forms and data provided to subscribers. You shall provide for the reproduction of such notices and legends in the form and manner in which they appear.
7. Limitations. Grant Spy shall employ due care and attention in obtaining and maintaining the Product. However, you acknowledge that any collection and compilation of data entails the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. Accordingly, you agree THAT THE PRODUCT ARE PROVIDED "AS IS"; Grant Spy MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THEIR ACCURACY, COMPLETENESS, OR CURRENTNESS; AND Grant Spy SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Grant Spy SHALL NOT BE LIABLE BECAUSE OF ANY SUCH ERRORS, OMISSIONS, DELAYS, OR LOSSES, INCLUDING DATA LOSSES AND CORRUPTION, UNLESS CAUSED BY Grant Spy'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOU FURTHER AGREE THAT IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF Grant Spy FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING UNDER THIS AGREEMENT AND SERVICES PERFORMED HEREUNDER, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO Grant Spy DURING THE PRECEDING TWELVE-MONTH PERIOD, EVEN IF Grant Spy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS, OR DAMAGE. You acknowledge that Grant Spy is not a consulting firm or a grant-writing firm. You agree always to read the full original grant notice provided. You acknowledge that Grant Spy does not warrant that use of the Product will result in any acquisition of grants. You acknowledge that the Product may not include all potential data. Specifically, Grant Spy makes no warranty that the Product contains all grants that the federal or a state government may have available.
8. Help Desk. Grant Spy maintains a help desk capable of providing assistance regarding access to the Product and operating instructions for access to and use of the Product. The help desk also will be available to receive reports of technical difficulties associated with the Grant Spy Internet site. Such assistance and any training provided by Grant Spy are intended to relate to technical aspects of use of the Product. Grant Spy does not claim to be a professional expert or adviser regarding your computer or informational needs, nor does it give personalized grant advice. Grant Spy shall make a reasonable effort to resolve any problem reported by paying customers, but shall not be obligated to do so.
9. Your Responsibilities. You are responsible for ensuring that Grant Spy has a current and valid e-mail address by which to contact you. You are responsible for ensuring that the software and hardware that you use to gain access to the Product is configured and functioning properly. You are responsible for resolving any problems caused by your internet service provider that may affect your access to the Product.
You are responsible for determining whether the Product will achieve the results you desire. You are responsible for adopting reasonable measures to limit your exposure with respect to potential losses and damages arising from use, nonuse, interruption, delay, errors, or omissions of or in the Product, or the results thereof, including (without limitation) examination and confirmation of data prior to use thereof, and a provision for identification and correction of errors and omissions. You acknowledge that the Product may include the views, opinions, and recommendations of individuals or organizations whose thoughts are deemed of interest, but that Grant Spy does not thereby endorse such views, give funding or professional advice, or advocate any course of action. You agree to indemnify and hold Grant Spy, its managers, users, officers, employees, harmless from and against any loss, claims, demands, expenses (including court costs and attorney fees), or liability of whatever nature or kind (including, without limitation, negligence), of you or any third parties arising out of your use or nonuse of the Product.
10. Changes. Grant Spy reserves the right to change its Fees and charges, or any other terms and conditions, at any time, effective immediately upon publication. Grant Spy shall use reasonable efforts to notify you via e-mail and/or via notices posted on its website in advance of or concurrent with such changes.
11. Default. Should you fail to pay Fees due hereunder or fail to carry out any other obligation under this Agreement or any other agreement with Grant Spy, Grant Spy may, at its option, in addition to other available remedies, terminate this Agreement provided that it first gives you fifteen (15) days' prior notice to permit you to cure your default. Grant Spy reserves the right, with or without notice, to suspend access to or use of the Product in the event of any delinquency or default. Grant Spy may elect, at Grant Spy's sole discretion, after delinquency, to terminate all personal information and settings associated with a user. Such information and settings will be unrecoverable after such termination.
12. Refund Policy. If you paid for a monthly subscription by credit-card, no portion of the current month's fee will be refunded, but you will retain all the benefits of a subscriber until the end of the current 30-day period. If you paid for an annual subscription by credit-card, you will receive a full refund of the remaining term, minus 3% of the original amount. If you paid for an annual subscription by check, you will receive a full refund of the remaining term.
13. Governing Law. Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California as it applies to a contract made and performed in such state.