Agreement between user and grdodge.org
Welcome to grdodge.org. The grdodge.org website (the “Site”) is comprised of various web pages operated by the Geraldine R. Dodge Foundation (the “Dodge Foundation”). grdodge.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of grdodge.org constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
grdodge.org is a non-profit Site that provides information about the Dodge Foundation’s funding guidelines, news and learning, events, and more.
Privacy
Your use of the Site is subject to the Dodge Foundation’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting grdodge.org or sending emails to the Dodge Foundation constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Dodge Foundation is not responsible for third party access to your account that results from theft or misappropriation of your account. The Dodge Foundation and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You agree that all information you provide to create your account or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
The Site is intended for use only by people over the age of 18. If you are under 18, you may use grdodge.org only with the permission of a parent or guardian.
Links to third party sites/Third-party services
grdodge.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Dodge Foundation and the Dodge Foundation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, any changes, or updates to a Linked Site, or for any loss or damage that may arise from your use of them. The Dodge Foundation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Dodge Foundation of the site or any association with its operators. If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Certain services made available via grdodge.org are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the grdodge.org domain, you hereby acknowledge and consent that the Dodge Foundation may share such information and data with any third party with whom the Dodge Foundation has a contractual relationship to provide the requested product, service, or functionality on behalf of grdodge.org users and customers, pursuant to our Privacy Policy.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use grdodge.org strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to the Dodge Foundation that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Dodge Foundation or its affiliates or suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Dodge Foundation content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of the Dodge Foundation and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Dodge Foundation or our licensors except as expressly authorized by these Terms.
If you believe that any use of Communication Services violates your copyright, please contact us using one of the methods described in the Contact Us section below.
Use of Communication Services
The Site may contain blogs, discussion forums, chat areas, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; (iv) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (v) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; (vi) conduct or forward surveys, contests, pyramid schemes or chain letters; (vii) download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; (viii) violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; (ix) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (x) violate any applicable laws or regulations.
The Dodge Foundation has no obligation to monitor the Communication Services. However, the Dodge Foundation reserves the right to review materials posted to a Communication Service and to remove any materials that the Dodge Foundation determines in its sole discretion to be in violation of these Terms. The Dodge Foundation reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Dodge Foundation reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in the Dodge Foundation’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Dodge Foundation does not control or endorse the content, messages, or information found in any Communication Service and, therefore, the Dodge Foundation specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Dodge Foundation spokespersons, and their views do not necessarily reflect those of the Dodge Foundation.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to grdodge.org or posted on any Geraldine R. Dodge Foundation web page
The Dodge Foundation does not claim ownership of the materials you provide to grdodge.org (including feedback and suggestions) or post, upload, input or submit to any Dodge Foundation Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Dodge Foundation or other organization with whom we expect may cooperate in any manner and any sublicensees of the Dodge Foundation permission to use your Submission in connection with purpose for which it was submitted and the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Dodge Foundation is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Dodge Foundation’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated, and administered by the Dodge Foundation from our offices within the United States of America (USA). The Dodge Foundation makes no claim that the Site or any of its content is accessible or appropriate outside of the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Dodge Foundation Content accessed through grdodge.org in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless the Dodge Foundation, its officers, directors, employees, agents, and third parties for any claims, damages, judgments, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Dodge Foundation reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Dodge Foundation in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE GERALDINE R. DODGE FOUNDATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE GERALDINE R. DODGE FOUNDATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE GERALDINE R. DODGE FOUNDATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GERALDINE R. DODGE FOUNDATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE GERALDINE R. DODGE FOUNDATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Termination/access restriction
The Dodge Foundation reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey, and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Dodge Foundation as a result of this agreement or use of the Site. The Dodge Foundation’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Dodge Foundation’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Dodge Foundation with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Dodge Foundation with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Dodge Foundation with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE DODGE FOUNDATION FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE DODGE FOUNDATION DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE DODGE FOUNDATION OR LAW ENFORCEMENT AUTHORITIES.
Changes to Terms
The Dodge Foundation reserves the right, in its sole discretion, to change the Terms under which grdodge.org is offered. The most current version of the Terms will supersede all previous versions. If we make material changes to the Terms, we will notify you by means of a conspicuous notice on our homepage (such as by adding to the Terms a new revision date) or direct communication to you via email or your account. The Dodge Foundation encourages you to periodically review the Terms to stay informed of our updates. Your use of the Site following any revision to the Terms constitutes your agreement to the terms and conditions of the revised Terms.
Waiver
No waiver by the Dodge Foundation of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Dodge Foundation to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Contact Us
The Dodge Foundation welcomes your questions or comments regarding the Terms:
Geraldine R. Dodge Foundation, Incorporated
Email Address:
info@grdodge.org
Telephone number:
+1 973 5408442
Effective as of May 6, 2022