1. Use of Content
The Foundation authorizes you to view and download a single copy of the Content on the Site solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. You may not use the Content on any other web site or in a networked computer environment for any purpose.
You may not copy or adapt the HTML or other code that The Foundation uses to generate its pages.
You may not, without the prior written permission of The Foundation, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm, or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the pages, data, or content found on the Site or accessed through the Site.
2. Acceptable Site Use
Security Rules : You may not violate or attempt to violate the security of the Site or use the Site to violate the security of other web sites by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Foundation packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Foundation may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Site who are involved in such violations.
Specific Prohibited Uses : The Foundation specifically prohibits any use of the Site, and you agree not to use the Site, to:
3. User Information and Privacy
If you use the Site, you are responsible for your own communications and the consequences of your postings. In addition, you shall not:
If you submit any material or content to the Site in any manner (Content), you grant The Foundation and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the Content (the License). You also warrant that the holder of any rights, including moral rights in the Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the License. You also permit any user of the Site to access, display, view, store, and reproduce the Content for personal use. Subject to the foregoing, the owner of the Content placed on the Site retains any and all rights that may exist in the Content. You acknowledge that you are solely responsible for the form, content, and accuracy of any Content you place directly or indirectly on the Site.
The Giving Common www.givingcommon.org or givingcommon.guidestar.org
The John LaWare Leadership Forums www.johnlawareleadershipforums.org
The Commonwealth Housing Task Force www.commonwealthhousingtaskforce.org
Healthy People Healthy Economy Coalition www.healthypeoplehealthyeconomy.org
Success Boston www.successboston.org
Boston Opportunity Agenda www.bostonopportunityagenda.org
The Haiti Fund www.bostonhaitifund.org
Japanese Disaster Relief Fund – Boston www.jdrfb.org
My Neighborhood Boston www.myneighborhoodboston.org
Put Students First Coalition www.putstudentsfirstcoalition.org
Understanding Boston www.understandingboston.org
Occasionally, a donor may dispute a credit card charge for a donation through the Giving Common site, an initiative of the Boston Foundation. If such donations are refunded to the donor by the Giving Common, and the Giving Common already remitted payment to the nonprofit, the Giving Common will deduct the chargebacks or refunds from future payments to the nonprofit. The Boston Foundation staff will work with the nonprofit to appropriately resolve the issue.
The Content may contain inaccuracies or typographical errors. The Foundation makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Content. The use of the Site and the Content is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Site at anytime without notice.
The Foundation may, in its sole discretion, accept advertising on the Site. However, the Foundation makes no representations or warranties of any kind, whether express or implied, regarding any of the advertisements located on the Site. You agree that each advertiser, and not the Foundation, is responsible for the accuracy and content of its advertisements. Any dealings that you have with advertisers found on the Site are between you and the advertiser. Therefore we recommend that you undertake your own due diligence before entering into any agreement with an advertiser. You acknowledge and agree that we will not be liable for any loss or claim you may have against an advertiser whether arising out of such advertisers content, services or products. If you decide to use third-party services, you are responsible for reviewing and understanding the terms and conditions governing any third-party services. You agree that the third party, and not the Foundation, is ultimately responsible for the performance of the third-party services and/or the provision of the third-party products.
The Foundation DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,The Foundation IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, The Foundation DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Foundation MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.
Unless otherwise specifically indicated, the presence of information on the Site regarding any nonprofit organization does not mean that the Foundation endorses or supports that organization. The information provided on each profile is provided by the nonprofit organization itself. The Foundation does not guarantee the accuracy of any such data or make any representations or warranties with regard to any organization profiled in this database. An organizational profile, as viewed or printed from this system, is not intended to be a users complete source of information regarding an organization. Rather, it can serve as a way for a user to initially screen an organization and decide if that organization warrants further examination. Whenever possible, the Foundation will attempt to provide explanation for any data discrepancies. If prospective donors have further questions about an organization, they may either contact the organization directly or contact the Foundation.
8. Disclaimer of Consequential Damages
IN NO EVENT WILL The Foundation , ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT The Foundation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent the Site contains links to third party web sites, such links are provided solely as a convenience to you and not as an endorsement by The Foundation of the content on such third-party web sites. The Foundation is not responsible for the content of any linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.
The Foundation welcomes links to the Site. You are free to establish a hypertext link to the home page of the Site so long as (a) the link does not state or imply any sponsorship of your site by the Foundation; and (b) you do not link to any page within the Site beyond the home page or first page without first obtaining the Foundations prior written consent.
10. LICENSES AND RELEASE BETWEEN THE FOUNDATION AND PROFILED AGENCIES
If you believe that any content that you previously submitted to the Site which was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to the Foundations Copyright Agent at the physical and/or e-mail address set forth above, which counter-notice must include: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the Site at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Foundations Copyright Agent, the Foundation may send a copy of the counter-notice to the original complaining party informing that person that the Foundation may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Foundations sole discretion.
12. Limitation of Liability
We accept no financial or other responsibility for your use of the Site and the Content.
Furthermore, the information on the Site is provided for educational and/or informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on for any such purpose.
The information on the Site is provided for educational and/or informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on for any such purpose. We suggest that you consult an attorney, accountant and/or financial advisor to answer any financial or legal questions.
If you breach any of these Terms, The Foundation reserves the right, at its sole discretion, to immediately terminate your registration with, or ability to access, the Site, any Content, and/or any other service provided to you by The Foundation.
You shall defend, indemnify, and hold harmless The Foundation, its affiliates, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees (whether incurred as the result of a third-party claim or a claim to enforce this Term), alleging or resulting from your use of the Content or the Site or your breach of any of these Terms. The Foundation will notify you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit, or proceeding.
The Foundation makes no claims that the Content may be lawfully viewed or downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. Jurisdiction of any claims arising under the Terms will lie exclusively with the state or federal courts within Boston , Massachusetts. If any Term is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision.
16. Contacting Us
Copyright © 2012 the Boston Foundation, Inc. All Rights Reserved.
Version 1.1: Last updated: February 2012