Last Updated: June 1, 2025

 

Terms of Use

 

This website is operated by Grants Office LLC ("Company," "we," "us," "our," “Grants Office”).  We operate one primary domain (www.grantsoffice.com) and multiple sub-domains, including the subscription-based platform Grants Office Communities (“platform”), and a group of informational websites.

 

The content of these and any other sites owned by us (the “Websites”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”). Use of the Websites or any related products and services offered by Grants Office LLC (our “Services”) constitutes your agreement to all such Terms.  If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Websites.

 

THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, INSTEAD OF CLASS ACTIONS OR JURY TRIALS.  PLEASE SEE SECTION 16 FOR MORE INFORMATION REGARDING ARBITRATION.    

 

Supplemental terms and conditions or documents that may be posted on our Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, any changes in the Terms revised by your continued use of our Services after the date such revised Terms are posted.

To register for an account, you must be at least eighteen (18) years old or the age of majority in your country of residence.  By using the Websites, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may need to have your parent or guardian agree to these Terms on your behalf.

 

(1) INTELLECTUAL PROPERTY RIGHTS

 

Our intellectual property

 

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, Grantscast® events, FUNDED® magazine, audio, video, text, photographs, and graphics in our Services (collectively, "Content"), as well as the trademarks, service marks, and logos contained therein (collectively, "Marks").

 

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

 

Our Content and Services related to public funding (grants, loans, allocations, tax credits, etc.) are based on our understanding of programs and funding guidelines available at that time. Changes to programs and deadlines are common and should be expected. Therefore, although significant effort has been taken to ensure the accuracy of information shared, we cannot guarantee that it will always be current, accurate, or complete. We strongly recommend you check the official guidance offered by funders.

 

Links to third party sites

 

Our Content and Services may contain links to third party websites (“Linked Sites”). Linked Sites are not under the control of Grants Office, and we are therefore not responsible for content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for content, or any other form of transmission received from any Linked Site. Inclusion of any link does not imply endorsement by Grants Office of the site or any association with its operators.

 

Your use of our Services

 

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to: (a) access our Services; and (b) download or print a copy of any portion of our Content to which you have properly gained access for grantseeking, education, or other internal business purposes.

 

No part of our Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, reverse engineered, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

If you wish to make any use of our Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to: [email protected]. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify Grants Office as the owners or licensors and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

 

We reserve all rights not expressly granted to you in and to our Services, Content, and Marks.

 

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

 

Your Feedback and Contributions

 

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us, and (b) obligations you have when you post or upload any content through our Services.

 

Feedback: By directly sending us any question, comment, suggestion, idea, feedback, or other information about our Services ("Feedback"), you agree to assign and do hereby assign to us all intellectual property rights in such Feedback. You agree that we shall own this Feedback and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Contributions: In the course of using our Services, you may create, submit, upload, post, display, transmit, publish, distribute, or broadcast content and materials to us or through our Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, personal information, or other material ("Contributions").  Grants Office does not claim ownership or intellectual property rights to Contributions you provide to us, including program narratives, completed forms, budgets, budget narratives, program timelines, key personnel information, organizational charts, resumes, letters of support, financial statements, evaluation plans, data collection instruments, and similar application components that were created by you, your organization, or your collaborators.  To the extent necessary to provide our Services or facilitate your access to our Services, you grant to Grants Office, its affiliated companies, and necessary sublicensees, a non-exclusive, perpetual, irrevocable royalty-free, fully paid up, worldwide and right to use, reproduce, translate, modify, and create derivative works of the Contributions, in whole or in part, and in any media format and through any media channels. 

 

As it relates to our subscription-based platform “Grants Office Communities,” we have implemented appropriate and reasonable technical and organizational privacy measures designed to restrict access to only those users who are fellow members of your organization, who are invited project collaborators, or who, including Grants Office staff and/or our designees, have been designated with responsibility to provide Services or facilitate your access to our Services. Although we do our best to safeguard access to your Contributions to only those relevant users, we cannot promise or guarantee that the system is 100% secure. If you believe Contributions are viewable to improper user groups, we encourage you to contact us at [email protected] as soon as possible.

 

You are responsible for what you post or upload: By sending us Feedback and/or posting Contributions through any part of our Services or making Contributions accessible through our Services by linking your account through our Services to any of your social networking accounts, you:

  • Confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through our Services any Feedback nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • Represent and warrant that any such Feedback and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Feedback and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Feedback and/or Contributions; and
  • Represent and warrant that your Feedback and/or Contributions do not constitute confidential information.
  • Represent and warrant that any links to external document sharing platforms (including but not limited to SharePoint, OneDrive, Dropbox) have appropriate password protection and user access permissions.

 

You are solely responsible for your Feedback and/or Contributions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

 

(2) USER REGISTRATION

 

You are required to register in order to access and use our subscription-based platform “Grants Office Communities.” You agree to keep your password confidential and will be responsible for all use of your registration information, including your account information and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

 

(3) USER REPRESENTATIONS

 

By using our Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access our Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use our Services for any illegal or unauthorized purpose; and (7) your use of our Services will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services (or any portion thereof).

 

(4) FAIR USE POLICY

 

By accessing and using our subscription-based platform “Grants Office Communities,” you agree to abide by the following fair use policies:

 

Permitted Use: Your access to the platform is intended for use by a single individual or as otherwise specified in your subscription category. This typically includes accessing and utilizing the Content and features available through the subscription for grantseeking, education, or internal business purposes, as applicable to your subscription category.

 

Prohibited Conduct: The following activities are strictly prohibited on the platform and may result in the suspension or termination of your subscription to the platform, without refund:

  • Password Sharing: Sharing your login credentials (username and password) with individuals who are not authorized users under your subscription is strictly forbidden. You are responsible for maintaining the confidentiality of your login information and for all activity that occurs under your account.
  • Exceeding Expected Usage: Engaging in usage patterns that significantly exceed what is considered normal and reasonable for a single user, industry partner, or grantseeking organization is prohibited. This includes, but is not limited to:
    • Excessive concurrent streams or downloads beyond what would normally be expected of a single user or organization.
    • Automated access or scraping of Content for commercial purposes or in a manner that disrupts the service.
    • Circumventing or attempting to circumvent any usage restrictions or technological measures implemented by our Company.
    • Using the subscription in a manner that negatively impacts the experience of other subscribers or the stability of the platform.

 

Monitoring and Enforcement: We employ systems and procedures to monitor usage patterns and identify potential violations of this policy. We reserve the right to:

  • Issue warnings for minor violations.
  • Temporarily suspend access to your subscription.
  • Permanently terminate your subscription without notice or refund for egregious or repeated violations.
  • Implement technical measures to prevent unauthorized access or use.

 

Determination of Excessive Use: The determination of whether your usage constitutes a violation of this Fair Use Policy will be made by Grants Office in its reasonable discretion, based on factors such as the type and level of excessive use, the impact on the Services and other users, and any explanations you may provide.

 

(5) PURCHASES AND PAYMENT

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Services, including paid subscriptions to the Grants Office Communities platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US or Canadian dollars.

 

You agree to pay all charges at the prices then in effect for your purchases and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through our Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per organization, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

 

(6) SUBSCRIPTIONS

 

By accessing and using our subscription-based platform “Grants Office Communities,” you agree to abide by the following policies:

 

Billing and Renewal: Subject to applicable law, subscriptions to the platform will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to our Services.

 

Free Trial: We offer a 14-day free trial to new users who register with our Services. The account will be charged according to your chosen subscription at the end of the free trial.

 

Promotions and Discounts: Any promotional offers or discounts are subject to specific terms and conditions and may be withdrawn or modified at our sole discretion.

 

Cancellation: All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at [email protected].

 

Payment Failure: Continued access to the subscription-based platform “Grants Office Communities” is contingent upon timely payment of the applicable subscription fees. If a payment fails (e.g., due to insufficient funds, expired card, or invalid payment information), we will attempt to notify you and may retry the payment.

  • Suspension of Services: We reserve the right to immediately suspend or restrict your access to the Services or any portion thereof if payment is not received by the due date or after a failed payment attempt.
  • Account Termination: Continued failure to make payment may result in the permanent termination of your account and loss of access to any associated data or Contribution. We may, but are not obligated to, provide a grace period or additional notice before termination.

 

Fee Changes: We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

 

(7) PROHIBITED ACTIVITIES

 

You may not access or use our Services for any purpose other than that for which we make our Services available. As a user of our Services, you agree not to:

  • Retrieve data or other Content from our Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of our Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Services.
  • Use any information obtained from our Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use our Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to our Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of our Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt, or create an undue burden on our Services or the networks or services connected to our Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Services to you.
  • Attempt to bypass any measures of our Services designed to prevent or restrict access to our Services, or any portion of our Services.
  • Copy or adapt our Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on our Services, unless agreed to in writing by us.
  • Make any unauthorized use of our Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use our Services as part of any effort to compete with us or otherwise use our Services and/or Content for any revenue-generating endeavor or commercial enterprise.

 

(8) USER-GENERATED CONTRIBUTIONS

 

As noted in “INTELLECTUAL PROPERTY RIGHTS” section, our Services may invite you to share links to external document sharing platforms (including but not limited to SharePoint, OneDrive, Dropbox). You are solely responsible for ensuring the security and privacy of any sensitive information you choose to store and share via such external platforms. This includes, but is not limited to:

  • Implementing and maintaining appropriate password protection for any documents or folders containing sensitive information that are shared via links while engaging with our Services.
  • Managing access permissions on external platforms to ensure only authorized individuals can view or interact with the linked content.
  • Understanding and adhering to the terms of service and security features provided by these third-party platforms.
  • Regularly reviewing and updating the security settings and access controls of your externally shared documents.

 

Grants Office is not responsible for any data breaches, unauthorized access, or loss of information that may occur as a result of your use of third-party platforms for storing or sharing data, even if links to such platforms are created or accessed through our Services. You acknowledge that linking to external platforms is done at your own risk, and you are solely accountable for taking all necessary precautions to protect your sensitive information on those platforms.

 

When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, our Services, and other users of our Services to use your Contributions in any manner contemplated by our Services and these Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by our Services and these Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

 

Any use of our Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use our Services.

 

We reserve the right, in our sole and absolute discretion, to review, monitor, edit, refuse to post, or remove any Contributions at any time and for any reason, without notice to you. We are not obligated to store or maintain any Contributions, and we may delete or destroy them at any time without liability to you.

 

(9) ADVERTISERS

 

We may allow advertisers to display their advertisements and other information in certain areas of our Services, such as sidebar advertisements or banner advertisements. By clicking on an advertisement, you assume responsibility for any engagement with these advertisements and advertisers.

 

(10) SERVICES MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor our Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from our Services or otherwise disable all files and Contributions that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage our Services in a manner designed to protect our rights and property and to facilitate the proper functioning of our Services.

 

(11) PRIVACY POLICY

 

We care about data privacy and security. Please review our Privacy Policy at www.grantsoffice.com for more information.

 

By using our Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised our Services are hosted in the United States. If you access our Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of our Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

 

(12) COPYRIGHT INFRINGEMENTS

 

We respect the intellectual property rights of others, and we ask you to do the same.  If you are a copyright owner or an agent thereof and believe that any of the content on our Websites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing as outlined in 17 U.S.C. § 512(c)(3):

                (i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;

                (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;

                (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Websites;

                (iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;

                (v) A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

                (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent for receiving notifications of claimed infringement can be reached by email at [email protected] or at the following address:

Grants Office LLC

Attn: Copyright Agent

510 Clinton Square

Rochester, NY 14604

United States

 

(13) TERM AND TERMINATION

 

These Terms shall remain in full force and effect while you use our Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF OUR SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN OUR SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTRIBUTION OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

(14) MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of our Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Services.

 

We cannot guarantee our Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Services during any downtime or discontinuance of our Services. Nothing in these Terms will be construed to obligate us to maintain and support our Services or to supply any corrections, updates, or releases in connection therewith.

 

(15) GOVERNING LAW

 

These Terms and your use of our Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

 

(16) DISPUTE RESOLUTION

 

Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York State. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Monroe County, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

 

In no event shall any Dispute brought by either Party related in any way to our Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

(17) CORRECTIONS

 

There may be information on our Websites that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Websites at any time, without prior notice.

 

(18) DISCLAIMER

 

OUR SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO OUR SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

(19) LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

(20) INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of our Services; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of our Services with whom you connected via our Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

(21) USER DATA

 

We will maintain certain data that you transmit to our Services for the purpose of managing the performance of our Services, as well as data relating to your use of our Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Services. You agree that we shall have no liability for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

(22) ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting our Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by any means other than electronic means.

 

(23) CALIFORNIA USERS AND RESIDENTS

 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

(24) MISCELLANEOUS

 

These Terms and any policies or operating rules posted by us on our Services or in respect to our Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of our Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

 

(26) CONTACT US

 

To resolve a complaint regarding our Services or to receive further information regarding the use of our Services, please contact us at:

 

Grants Office LLC

510 Clinton Square

Rochester, NY 14604

United States

(585) 473-1430

[email protected]