For purposes of this Agreement,
the “Grant Authority, Inc.” refers to this corporation, and “The Grant Authority” © 2006 refers to the publication available for
purchase on this grantauthority.com web site. The
terms “We”, “us” and “our” refer to Grant Authority, Inc.
The Term “you” refers to Users of this grantauthority.com web
site.
1. Grant Authority,
Inc. is incorporated in the State of Wyoming. Our purpose is to provide
education and information about grants from public and private sectors
for all entities and individuals wishing to apply for such grant funding
and to educate such grant applicants through its publication, The
Grant Authority, which is accessible and available for purchase
solely from this grantauthority.com web site.
2. By accepting this Agreement
as outlined herein, User indicates to grantauthority.com that
you have read and understand all terms and conditions contained in this
Agreement, and agree to comply with them when using this grantauthority.com
web site, including our publication as covered and described herein.
3. Grant Authority,
Inc. reserves the right to update or modify these Terms
of Service at any time, in our sole discretion and/or according
to new circumstances that may arise as result of legal, market, technological
or other change. Consequently, we encourage all Users to review this
Agreement frequently to ensure your continued understanding, knowledge,
acceptance, and compliance with them.
4. User has read, understands
and agrees to all Legal Disclaimers on this grantauthority.com
web site and in The Grant Authority publication.
5. Any user who does
not accept or and agree to abide by all of the Terms of Service
as listed herein does not have the legal right to use this grantauthority.com
web site.
6.
User Identification and Verification
Grant Authority,
Inc. and grantauthority.com do not have the resources to confirm
and verify the identity of every User of this web site. We can only
confirm and verify that you are an authorized user of a particular credit
card used to purchase our publication.
User understands
and acknowledges that Grant Authority, Inc. cannot verify user’s identity,
and agrees that Grant Authority, Inc. and grantauthority.com
shall not be responsible for confirming user’s identity when using
this web site or making a purchase on this web site. See also our
Privacy Policy and the Corporate Liability Limitations provision
#12A of this Agreement.
7. Appropriate
and Permitted Use of this grantauthority.com Website
Users may not, under
any circumstances, use this
grantauthority.com
website to contribute, post or transmit any material of an infringing,
threatening, abusive, hateful, harassing, libellous, inflammatory, obscene,
indecent, pornographic, profane nature that could constitute or encourage
conduct that would be considered a criminal offence, give rise to civil
liability or otherwise violate any law.
8.
Payments and Payment Processing
A. Grant Authority, Inc. uses an independent merchant account service provider.
C. User understands and agrees all questions regarding your purchase and payment for this publication shall be directed to merchant account service provider or User’s own credit card account.
D. Grant Authority, Inc. is not responsible for payment transactions, processing or any communications between you as a user and purchaser of our publication (The Grant Authority) and our processor or User’s credit card.
9.
Refunds and Money-Back Guarantee Policy
A. User understands and agrees that Grant Authority, Inc. offers a money back guarantee.
B. User understands and agrees that any purchase will be fully refunded for 90 days, no questions asked.
C. Refunds must be requested in writing, within 90 days of purchase of The Grant Authority, by e-mail to our Secure Contact Form.
D. This money-back guarantee policy is provided entirely out of goodwill and is in no way be taken advantage of or abused by purchasers of The Grant Authority publication.
E. Grant Authority, Inc. will refund your full purchase price within 15 business days of receiving your written refund request by e-mail to our Secure Contact Form.
F. In order to receive a full refund, the book and CD must be returned in resalable condition.
10.
Ownership & Use of Grant Authority Materials – Intellectual Property
Rights
A. This grantauthority.com
website, including its design, text, content, graphics, images, logos,
navigation tools, and software are the exclusive property of Grant Authority,
Inc. and is protected under all applicable laws protecting intellectual
property, including copyright and trademark laws of United States and
applicable laws of the State of Wyoming per the Governing Law provision
of this Agreement, #23 herein.
B. Most of the forms,
agreements and other grant-related documents available from this
web site and from The Grant Authority are provided to
User through links to other, third-party sites. All such grant-related
forms, agreements and other grant-related documents to which we have
linked are owned and controlled by the third party entity to which we
linked. Neither Grant Authority, Inc. nor
grantauthority.com makes any claims of ownership, other rights
or control over the content of such forms, agreements, and other grant-related
documents. Sole ownership and control of all such documents remains
with the third party entity on whose web site the particular document
appears.
C. All links to such
forms, agreements and other grant-related documents are provided with
the expressed written permission from each third party entity on whose
web site the particular grant-related form, agreement and other document
is accessible from The Grant Authority, through this grantauthority.com
web site.
D. No information,
documents or other grant-related forms obtained from The Grant
Authority and/or this grantauthority.com web site
may by reproduced, reposted, republished, distributed, publicly displayed,
modified, used for public or commercial purposes or gain without the
consent of the third party entity that owns that particular document
(if accessed by link from The Grant Authority) or, for
all information and documents not accessed by link to a third party
web site), the expressed written consent and permission of The
Grant Authority its employees, agents, or authorized representatives.
E. The only exception
is for information or documents that are in the public domain, which
are not subject to copyright legal protection, such as certain federal
government agency documents obtained from federal government agency
web sites.
F. We have made every
effort to identify throughout the The Grant Authority the sources for such
documents, forms, agreements, quotes and other grant-related services
identified and/or described in The Grant Authority and on this
web site. Any failure to identify a source is an unintended oversight
on our part. We ask any reader who discovers such an oversight to please
inform us immediately by e-mail so that we can review it and make any
necessary corrections.
G. Any unauthorized
use of any such material found on this grantauthority.com
web site or The Grant Authority publication, or by link
on a third party web site as described herein may be considered a violation
of applicable intellectual property or internet security laws. Such
unauthorized use shall be subject to the enforcement policies of the
owner of the particular material.
11.
Indemnification and Hold Harmless
A. User agrees to indemnify
and hold harmless Grant Authority, Inc., its officers, directors, employees,
agents, affiliates and representatives from and against any claim, cause
of action or demand, including but not limited to reasonable legal,
accounting and other professional fees that may result from your use
of our website services or your breach of these Terms of Service.
B. Grant Authority,
Inc. will notify users of any such claim, suit or proceeding
in a timely manner.
C. User
acknowledges and agrees that grantauthority.com’s services.
User agrees that, should any dispute with a third party result from
or arise in connection with any use of this web site or our publication or services,
User will indemnify and hold harmless
Grant Authority,
Inc. its employee, representatives,
agents or others acting on its behalf, from any liability resulting
from any legal action, claim or dispute arising from our in connection
with User’s use of grantauthority.com’s services under
this Agreement.
12.
Corporate Liability Limitations
A. User understands
and acknowledges that we have no
control over the quality, safety or legality of the content or information
submitted by users on this grantauthority.com web site. Because
it is not feasible to authenticate users on the Internet; Grant Authority, Inc.
cannot and does not verify or confirm that each user is, in fact, who
he or she purports to be. (see
also #6, Verification and Certification, herein)
B User agrees
to release Grant Authority, Inc., its agents, employees and affiliates
from any or all claims, demands and damages – actual and consequential,
direct and indirect, express and implied – of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of, or in any way connected with, such any disputes between
or among users of this grantauthority.com web site and services..
C. Grant Authority, Inc.
shall not be responsible for any inaccuracies or typographical errors,
and does not make any representation about the accuracy, reliability,
completeness or timeliness of either our website or the material contained
on it.
D.
Grant Authority, Inc. expects and assumes that users
will exercise caution and demonstrate common sense when using this grantauthority.com
website.
E. Anyone using this
grantauthority.com website and its content does so at his
or her own risk. The user is solely responsible for the content
submitted on any and all forms or documents available to user on the
grantauthority.com website.
F. Although we
make every effort to provide timely and accurate information, the law
is constantly changing. Users of this grantauthority.com web site are solely responsible for the accuracy and correctness
of all information they provide to complete any documents and forms
on this web site.
13. Limited
Liability
User
understands and agrees that Grant Authority.Inc., its officers,
employees, agents, partners, and others acting on its behalf, shall
not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss
of profits, goodwill, use, data or other intangible losses (even if
Grant Authority, Inc. has been advised of the possibility of such damaged
s), resulting from: (a) the use or inability to use this web site; (b)
unauthorized access to or alteration of your transmissions or data;
(c) any statements or conduct made by any third party; or (d)
any other matter relating to this grantauthority.com
web site or The Grant Authority publication.
14.
Liability Disclaimer – Computer Software and Internet Communications
A. User agrees
that Grant Authority, Inc. shall not be held responsible for late, lost,
incomplete, illegible, misdirected or stolen email, unavailable network
connections (cable or phone modem), failed, incomplete, garbled or delayed
data transmissions, online failures, hardware, software or other technical
malfunctions, disruptions or disturbances or any other communications
failures or circumstances that may affect, disrupt or corrupt communications.
B. Grant Authority,
Inc. assumes no responsibility, and shall not be held liable for, any
damages to, or viral infection of, your computer system, network or
other property on account of your access to, browsing of or
use of our website or the downloading of any materials, data, text,
graphics, or other material. Any material that you download or otherwise
obtain through our service or web site is done at your own risk and
discretion. User is solely responsible for any damage to user’s computer
system or any loss of data that may result from the downloading of such
material.
C. Under
no circumstances, will Grant Authority, Inc. be liable for any
injury, loss, claim, damage or any special, exemplary, punitive, direct,
indirect, incidental or consequential damages of any kind (including,
but not limited to lost profits, savings, goodwill, use, data or other
intangible losses), whether based in contract, tort, strict liability
or otherwise, which may arise out of or in any way whatsoever connected
to the use of or access to our website content or services, any failure,
delay or inability to use our service, cost of procurement of substitute
services, unauthorized access to/alteration of your transmissions or
data, statements or conduct of any third party on the service, whether
or not we are advised of the possibility of such damages by you or another
party.
D. User understands
and agrees that Grant Authority Inc.’s entire liability, and
user’s exclusive remedy with respect to any services rendered by Grant
Authority, Inc.
or grantauthority.com
under these Terms of Service and any breach
of these Terms of Service, is solely limited to the total
amount paid to Grant Authority,
Inc. for
purchase of the The
Grant Authority publication.
15.
Warranty Disclaimer
A. Except as explicitly
provided in this Agreement, Grant Authority, Inc. makes no representations or warrantees
of any kind, express or implied, concerning our website and/or its materials,
all of which are provided on an “as is” and “as available” basis.
B. Grant Authority,
Inc. expressly disclaims all warranties and conditions, including implied
warranties and conditions of merchantability, fitness for a particular
purpose, title and non-infringement, as well as those arising by statute
or otherwise in law or from a course of dealing or usage of trade.
C. No information,
either verbal or written, that user may obtain through grantauthority.com
or its publications, including but not limited to The Grant Authority
, shall create any warranty that is not expressly stated in these
Terms of Service.
16.
Breach, Revocation and Right of Refusal
A. Failure to abide
by any of the Terms of this Agreement may be considered as a material
breach of contract. In such case, we
reserve the right to immediately terminate or deny User the right to
use our services.
B. Grant Authority,
Inc. reserves the right to cancel, deny or refuse service at our sole
option and discretion in the event that you have supplied us with information
that we find to be false, misleading or that conceals or omits any details
that could influence the services we provide to you.
C. User understands
and agrees that Grant Authority, Inc. shall not be held liable for
any losses or damages that may result from our refusal to provide you
our services.
D.
Grant Authority, Inc. may act, at its sole discretion, with respect
to user-submitted information that we deem necessary or appropriate
if we believe it may result in potential liability for us or that it
may cause us to lose, in whole or in part, the services of Grant Authority, Inc.’s
Internet Service Provider (ISP) or other suppliers.
17.
Changes, Revisions and Modifications
Grant Authority, Inc.
reserves the right to revise these Terms of Service and
change the services provided under this Agreement. User acknowledges
that any such revision or change will be binding and will take effect
immediately upon posting. User understands that, by continuing to use
our services following such notice. User must abide by those revisions
and changes.
18.
Privacy of User Information
A. Grant Authority, Inc.
is committed to protecting the privacy of our users. All information
submitted to Grant Authority,
Inc. through our grantauthority.com
website is held in strictest confidence pursuant to our Privacy Policy.
B. User hereby acknowledges
that you have read our grantauthority.com web site Privacy
Policy and that you understand and agree to its terms.
C. By agreeing
to our Privacy Policy User provides your consent for Grant Authority
to use your personal and financial information as set out in our
Privacy Policy.
19. Web Site Security
and Security of User Information
2. User hereby
waives all claims of any nature against Grant Authority, Inc.
or grantauthority.com concerning the loss, alteration, or
misuse of any such data or information.
B.
Although we take every effort to ensure safe use of this web site,
we recommend that you install a firewall and antivirus program on your
computer.
In order to maximize
your surfing experience, User/Member agrees to follow these instructions
regarding cookies:
D. Grant Authority, Inc., through this grantauthority.com web site,
provides all Users with a secure environment for use of our services.
This grantauthority.com website is hosted on a secure server
to ensure that all financial transactions are secure.
2. By providing
information to this grantauthority.com website that forms
the basis of our communication with you, such as your email address,
you waive all rights to file complaints concerning unsolicited email
or spam from this website since, by providing such information, you
agree to receive communication from us or other marketing organizations.
If it is proven
that any User or client engages in spam activity then Grant Authority,
Inc. will hold that User or client’s account, notify them of the problem
immediately, and enforce our anti-spam policy to the full extent as
provided by law.
2. User understands
and agrees that you it is possible for your personal data to be obtained
by others, as "hackers," and “phishing” used in an inappropriate
manner that may cause you harm and that you agree that you.
4. Grant Authority, Inc.,
its employees, or representatives acting on its behalf will never request
your password, name, address, or other such person.
G. Users
are prohibited from engaging in any activity that violates or attempts
to violate the security of this grantauthority.com
website, including (but not limited to): accessing data not intended
for your use; logging into servers or accounts for whose use you are
not authorized; trying to probe, test or scan the system or network’s
vulnerability or to breach security measures or authentication procedures
without authorization; attempting to interfere with service to any user,
host or network, including (but not limited to) via means of submitting
a virus, worm, or any other software, overloading the system,
“crashing” or “spamming”; sending unsolicited email, including
promotions/ advertisements of products or services;
falsifying any TCP/IP packet header or any part of the header information
in any email or newsgroup posting or impersonating someone else.
H. Users are further
prohibited from using any software, device, search engine or other action
that may interfere with the proper functioning of this website or any
business activity being conducted on it.
I. Navigating or
searching this website by any means other than the navigation tools
provided on our grantauthority.com web site or by such reputable
third-party web browsers is prohibited.
J. Any attempt
to decipher, decompile, reverse engineer or otherwise interfere with
any of the software use
K. Any security
violations of our computer and internet system or network can result
in civil or criminal prosecution. Grant Authority, Inc.
will investigate and/or report any or all such occurrences to the proper
law enforcement authorities and co-operate fully with them in prosecuting
users who perpetrate or participate in such violations. Anyone engaging
in such prohibited activity shall be held responsible and liable for
any and all damages that may result from such prohibited activity to
Grant Authority, Inc. and any of its employees, agents or representatives;
any other users of this grantauthority.com web site or other
parties that may be adversely affected by such prohibited activity.
20.
Termination
Grant Authority,
Inc. reserves the right, at its sole discretion, to pursue all available
legal remedies if any User is found to be in breach of these Terms
of Service.
21.
Severability
In the event that any
provision of these Terms of Service is determined to be unenforceable,
invalid, unlawful or void, by any court having competent jurisdiction,
then said provision shall be deemed severable from the remaining provisions
and shall not affect their validity and enforceability.
22. Disputes and Dispute
Resolution
A. User hereby agrees
to use binding arbitration for any claim, dispute, or controversy
of any kind, whether in contract, tort or otherwise, arising out of
or relating to this purchase, this product, including solicitation issues,
privacy issues, and terms of use issues.
B. Arbitration shall
be conducted pursuant to the rules of the American Arbitration Association,
which are in effect on the date a dispute is submitted to the American
Arbitration Association. Hearings will take place in Laramie County,
Wyoming.
D. The prevailing party
shall be reimbursed by the other party for any and all costs associated
with the dispute arbitration, including attorney fees, collection fees,
investigation fees, travel expenses.
23.
Governing Law and Consent to Jurisdiction
This Agreement and
its performance are governed by the laws of the State of Wyoming. User
hereby consents and submits to the exclusive jurisdiction of the Courts
located in the State of Wyoming to resolve all disputes that may arise
out of or is related to the use of Grant Authority, Inc. under this
Agreement. User agrees that the applicable law to be applied shall,
in all cases, be that of the state of Wyoming.
24.
Entire Agreement
These Terms
of Service constitute the entire agreement between User and
Grant Authority, Inc. with respect to your use of this www.GrantAuthority.com web site.