Terms of Use

NGOsource Questionnaire Site Terms of Use

Last Revised: June 2018

This Agreement sets forth the terms and conditions that apply to your access and use of the NGOsource Equivalency Determination Questionnaire Web Site (the “Questionnaire Site” or the “site”), as owned and operated by TechSoup Global, a California nonprofit corporation, on behalf of those of its direct or indirect subsidiaries and/or affiliates, (collectively referred to as “NGOsource”). By using Questionnaire Site you agree to be bound by the terms and conditions of these Terms of Use (these “Terms” or this “Agreement”) and NGOsource’s Privacy Policy, as they may be amended from time to time in the future (see “Modifications” below).

1. Accepting the Terms

By accepting these Terms and by using the information, tools, software, features and functionality including content, updates and new releases located on Questionnaire Site (together the “Service”), you agree to be bound by this Agreement. The term “you” or “User” refers to you the person accessing this website and accepting these terms and conditions on behalf of your organization; “You” or “User” also refers to the organization you represent. The term “we” or “us” refers to NGOsource.

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with NGOsource. If you accept this Agreement, you represent that you have the capacity to be bound by it and since you are acting on behalf of an organization that you have the authority to bind such organization. Before you continue, you should print or save a local copy of this Agreement for your records.

2. Privacy and your Personal Information

For information about NGOsource’s data protection practices, please read NGOsource’s Privacy Policy, wwhich is hereby incorporated into this Agreement and can be accessed: Privacy Policy. This policy explains how NGOsource treats your personal information when you access Questionnaire Site and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

3. Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any other contact information that you provide form your “Registration Information.”

By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration Information, you agree to notify NGOsource immediately (within two business days).

4. Your Use of the Service

Your right to access and use Questionnaire Site and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Questionnaire Site for lawful purposes.

Accurate records enable NGOsource to provide the Service to you. You must provide true, accurate, current and complete information as requested, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of Questionnaire Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Questionnaire Site or other actions that NGOsource, in its sole discretion, may elect to take.

You agree that NGOsource may use your feedback, suggestions, or ideas in any way, in compliance with the Privacy Policy, including in future modifications of the Service, other products or services. You grant NGOsource a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to NGOsource in any way. NGOsource will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

5. Rights You Grant to Us

By submitting information, responses to the questionnaire (including supporting documentation), data, passwords, usernames, PINs, other log-in information, materials and any other content to NGOsource through the Service, you are licensing that content to NGOsource for the purpose of providing the Service. NGOsource may use and store the content, to provide the Service to you and as required to provide the Service and/or similar services to any of its member grantmakers (a list of current NGOsource member grantmakers is available upon request by contacting NGOsource at accountsupport@ngosource.org), in compliance with the Privacy Policy. By submitting this content to NGOsource, you represent that you are entitled to submit it to NGOsource for use for this purpose, without any obligation by NGOsource to pay any fees or other limitations on NGOsource’s use of the content.

In addition, your submission also grants us your consent and the right to use your organization’s name, as well as other (non-confidential information) about your organization; such information might include the organization’s primary country of location and program areas; information about the status of an existing Service, as we deem appropriate and in compliance with local laws and regulations.

6. NGOsource’s Intellectual Property Rights

The contents of Questionnaire Site, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Questionnaire Site belong or are licensed to NGOsource or its software or content suppliers. NGOsource grants you the right to view and use Questionnaire Site subject to these terms. You may download or print a copy of information provided on Questionnaire Site for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Questionnaire Site in whole or in part for any other purpose is expressly prohibited without our prior written consent.

7. Access and Interference

You agree that you will not:

Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Questionnaire Site or any portion of Questionnaire Site, without NGOsource’s express written consent, which may be withheld in NGOsource’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Questionnaire Site, other than the search engines and search agents available through the Service;
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Questionnaire Site or the Service; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Questionnaire Site or the Service.

8. Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH QUESTIONNAIRE SITE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NGOSOURCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF QUESTIONNAIRE SITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

NGOSOURCE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON QUESTIONNAIRE SITE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NGOSOURCE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

9. Limitations on NGOsource’s Liability

NGOSOURCE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO QUESTIONNAIRE SITE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF NGOSOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NGOSOURCE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

10. Ending your relationship with NGOsource

This Agreement will continue to apply until terminated by either you or NGOsource as set out below. If you want to terminate your legal agreement with NGOsource, you may do so with (1) one month’s written notice (email is sufficient) by notifying NGOsource at accountsupport@ngosource.org. Terminating your legal agreement with NGOsource will result in NGOsource inability to use the content you submitted to us to provide future Service(s) to our member grantmakers with respect to your organization.
NGOsource may at any time, terminate its legal agreement with you:

if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
if NGOsource in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
or immediately upon notice, by terminating your NGOsource membership.

11. Your Indemnification of NGOsource

You shall defend, indemnify, and hold harmless NGOsource and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

12. Modifications

NGOsource may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Questionnaire Site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

13. Governing Law and Forum for Disputes

This Agreement, and the resolution of any controversy or claim arising out of or related to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. NGOsource's failure to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. All waivers will be effective only if in writing.

All Claims will be settled by binding arbitration in accordance with the Comprehensive Arbitration Rules of JAMS, The Resolution Experts. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. You consent to the arbitration being conducted in the English language and in the county of San Francisco, California. Each
party will bear its own costs incurred in such arbitration proceeding. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, NGOsource may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

Regardless of any statute or law to the contrary, you hereby waive your right to bring any claim against NGOsource more than one year after such claim first arose.

14. Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable. Only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and NGOsource regarding the subject matter of the same, and supersedes all other previous agreements.