Terms of Use

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “you” or “user” or with “your”) AND PUBLIC WELFARE FOUNDATION (referenced herein as “PWF”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE www.publicwelfare.org WEBSITE (referenced herein as the “PWF Site”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR USE OF THE PWF SITE. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE PWF SITE.

1. LICENSE GRANT. The PWF Site is made available by PWF, and this TOU provides to you a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicensable license to use the PWF Site conditioned on your continued compliance with this TOU.  You may print and download materials and information from the PWF Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the PWF Site or any materials through the PWF Site for any commercial or unauthorized purposes.  If you wish to make use of the PWF Site other than as set out herein, you may contact PWF using the contact information set forth below.
2. LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale.  PWF transfers no ownership or intellectual property interest or title in and to the PWF Site to you or anyone else.  Further, PWF reserves all rights not expressly granted by this TOU.  Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the PWF Site.
3. USER OBLIGATIONS. By accessing or using the PWF Site, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the PWF Site, including, without limitation, when you provide information via a PWF Site registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the PWF Site only with the involvement and acceptance of this TOU by a parent or legal guardian.  If you are accessing or otherwise using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOU. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the PWF Site.  You also acknowledge and agree that use of the Internet and the PWF Site is solely at your own risk.
4. ACCOUNT. Registration for access to and use of particular areas or functionality of the PWF Site may require access credentials, such as a user name and password, or adherence to other particular access requirements as designated by PWF in its sole discretion from time to time.  You hereby agree to consider and maintain your access credentials as the confidential information of PWF.  You shall immediately notify PWF if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials.
5. PROPRIETARY RIGHTS.  The PWF Site is owned by Public Welfare Foundation.  Copyright 2019. © Public Welfare Foundation and/or its licensors.  All rights reserved.  Any downloadable or printable information or materials available through the PWF Site, unless otherwise indicated, are owned by PWF and/or its licensors.  PWF, the PWF logo, and all other names, logos, and icons identifying PWF and its software, solutions, products, and services are proprietary trademarks of PWF, and any use of such marks without the express written permission of PWF is strictly prohibited.  Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
6. PERMISSION TO USE USER CONTRIBUTIONS. By submitting any type of a User Contribution(s), you automatically and hereby grant to PWF a perpetual, royalty-free, transferable, sublicensable and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such User Contribution, without additional approval or consideration, in furtherance of and in connection with the operation of the PWF Site, and you hereby waive any claim to the contrary.  You represent that you have all necessary rights to make a User Contribution(s) available to PWF, and you also acknowledge that PWF has no control over the extent to which any idea or information (in a User Contribution) may be used by any party or person once it’s posted or displayed.
7. NO PRE-SCREENING OF USER CONTRIBUTIONS. PWF is not responsible for pre-screening or editing your or any other user’s User Contributions and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any User Contributions.  Moreover, PWF does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by PWF) and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any User Contribution displayed, uploaded, or distributed by you or any other user.  Nevertheless, PWF reserves the right to monitor, delete, access, read, preserve, disclose or take other action with respect to User Contributions that PWF believes in good faith violates this TOU and/or is, or is potentially, unlawful or harmful to PWF, its services, or goodwill.  If you violate this TOU, PWF may, in its sole discretion, delete the unacceptable content from your User Contribution, remove or delete the User Contribution in its entirety, issue you a warning, and/or terminate your use of this PWF Site.
8. GRANTS. PWF offers grants to advance PWF’s mission, and invites you to apply. Additional information, including access to access to the online application system, is available here.
9. FEEDBACK.  PWF welcomes your feedback and suggestions about PWF’s mission, services, or with respect to how to improve the PWF Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to PWF, you represent and warrant that you own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty-free license for PWF to use such Feedback in any manner, for any purpose in furtherance of PWF’s mission, and in any medium
10. PRIVACY POLICY.  Please see PWF’s Privacy Policy for a summary of PWF’s personally identifiable information collection and use practices.  You further agree that any such notices, agreements, disclosures or other communications that PWF sends you electronically (using the contact information you provide through the PWF Site) will satisfy any legal communication requirements.
11. LINKS TO OTHER SITES.  PWF may provide links, in its sole discretion, to other third party websites and/or provide access to social media platforms.  Such other sites, including social media platforms, are maintained by third parties over which PWF exercises no control.  These links do not imply an endorsement with respect to any third party or the information, products, or services provided by any third party unless PWF expressly states otherwise.
12. DISCLAIMER.  THE PWF SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.  PWF EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  PWF ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION OR SERVICES PROVIDED BY OR AVAILABLE THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ACCESS TO OUR USE OF ANY THIRD PARTY CONTENT OR SITES.
13. LIMITATION OF LIABILITY.  TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE PWF FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND PWF’S CONTROL.  MOREOVER, IN NO EVENT SHALL PWF BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PWF SITE OR WITH THE DELAY OR INABILITY TO USE THE PWF SITE, EVEN IF PWF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF PWF FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE PWF SITE AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE PWF SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING FIVE HUNDRED (500) DOLLARS.
    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, PWF’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. ENFORCING SECURITY.  PWF wishes to keep the PWF Site as a safe and productive resource. You therefore may not use the Site or any of PWF’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. PWF reserves the right to view, monitor, and/or record activity on the PWF Site in order to maintain security of the Site. Such recorded activity is subject to review by law enforcement organizations. PWF will also comply with all court orders or subpoenas involving requests for information. PWF reserves the right at any time to suspend or terminate operation of or access to the Site or any portion of the Site.
15. INJUNCTIVE RELIEF.  You agree that PWF shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that PWF post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to PWF to enforce any provision of this TOU.
16. GOVERNING LAW.  The PWF Site is controlled and operated by PWF from its offices within the United States.  This TOU has been made in and will be construed and enforced in accordance with the laws of District of Columbia as applied to agreements entered into and completely performed in the District of Columbia.  Any action to enforce this TOU will be brought in the courts presiding in the District of Columbia, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts.  Access to the PWF Site may not be legal by certain persons or in certain countries. If you access the PWF Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance.  No waiver by PWF of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.  If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a va lid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
18. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and PWF as a result of this TOU or your utilization of the PWF Site. This TOU represents the entire agreement between you and PWF with respect to use of the PWF Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and PWF with respect to the PWF Site. You may not assign or transfer any rights under this TOU without the prior written consent of PWF. Please note that PWF reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, PWF may add, modify, or delete any aspect, program, or feature of the PWF Site, but PWF is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the PWF Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
19. CONTACT INFORMATION.  If you have questions regarding the PWF Site or if you are interested in obtaining more information concerning PWF, please contact PWF, 1200 U Street NW, Washington, DC 20009, (202) 965-1800 (phone), or amarshall@publicwelfare.org (e-mail).