Terms of Use

Terms and Conditions of Use

Amplifier, an organization based in New York, owns this Website.

We at Amplifier (collectively, “Amplifier,” “We,” ”Us,” or “Our”) welcome you to Our website and related internet-based services and portals (collectively, the "Website").  We provide the content and services available on the Website to you subject to the following terms and conditions of use (these "Terms of Use"). By accessing or using any portion of the Website or any service or content on the Website, you are acknowledging that you have read, understand, and accept these Terms of Use and agree, without limitation or qualification, to be bound by these Terms of Use.  If you do not agree to be bound by these Terms of Use, please do not use this Website.

1.   Changes to these Terms of Use.  We reserve the right, in Our sole discretion, to change, add or remove portions of these Terms of Use at any time and for any reason.  If We change these Terms of Use, We will post the revised document here, and such changes will be effective immediately upon that posting. Accordingly, you should periodically review these Terms of Use when accessing or using the Website.  Each use of the Website constitutes your agreement to be bound by and comply with the then-current Terms of Use. If at any time you no longer agree to be bound by or comply with these Terms of Use, then you should stop accessing and using the Website. 

2.   Privacy. Please review Our Privacy Policy (www.amplifiergiving.org/privacy-policy/) so that you may understand how We collect, use, share and protect personal information gathered from the Website, including information you submit to us via the Website or its services or functionality. By accessing or using the Website, you also agree to the terms of Our Privacy Policy.

3.   Your Account.  Some areas of the Website will invite you to create an account and password.  You may not be able to access certain Website content or services without establishing an account. You must be at least thirteen (13) years old to establish an account or participate in any interactive forums and activities on Our Website.  If you create an account, you are responsible for maintaining the confidentiality of your account password, and you agree that you are fully responsible for all usage and activities that occur under your account, including but not limited to use by any third party you authorize to use your account.  You agree to notify Us immediately if you know of or suspect any unauthorized use of your account or any other breach of security, or loss, theft or unauthorized disclosure of your password.  Notwithstanding anything else in these Terms of Use, We reserve the right to refuse service, deny creation of or terminate accounts, or remove or edit content, for any reason, in Our sole discretion without prior notice.

4.   Ownership and Intellectual Property.  Amplifier, or Our affiliates, partners or licensors, either owns the intellectual property rights in the underlying HTML, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, code and software, and any combinations or compilation thereof (collectively, the "Content") that is made available to you on this website, or has obtained the permission of the owner of the intellectual property to use the Content on this website.  The Website, and all content available on the Website, is the property of Amplifier and is protected by applicable copyright and/or other intellectual property rights and laws of the United States and other countries.

In addition, any trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of Amplifier or Our affiliates, licensors or partners, in the United States and other countries, and are protected by United States and international trademark laws. All other Trademarks not owned by Amplifier or Our affiliates, partners or licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.

Except as expressly permitted in the Sections below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, downloaded or stored (except for caching or as necessary to view content), duplicated, copied, distributed, transmitted, performed, published, licensed, sold, resold, accessed, modified, used to create derivative works or otherwise exploited, in full or in part, for any purpose without Our prior written consent. No act of downloading or otherwise copying from the Website, even with Our permission, will transfer title to any Content or Trademarks to you. We hereby expressly reserves all rights not expressly granted in and to the Website, its Content and Trademarks.

5.   Your Use of the Website. We grant you a limited, revocable, and non-exclusive right to access and use the Website and the Content, and to print a reasonable number of pages from the Website, for your personal and non-commercial purposes only.  However, We do not give you the right to, and you may not:

(1)  You will only use the Web site for personal, educational or philanthropic purposes,

(2)  You will not modify the Content of the web site and you will display the Copyright notice and the Terms of Use on each copy of the Web site;

(3)  use any meta tags or any other "hidden text" utilizing Our name or the Trademarks without Our prior written consent;

(4)  use software robots, spiders, crawlers, or similar data gathering and extraction tools, whether automated or manual, to access, acquire, copy or monitor any portion of the Website or any Content without Our prior written consent; or

(5)  knowingly or intentionally take any other action that may impose an unreasonable burden or load on Our Website, its servers or infrastructure. 

Any unauthorized use by you of the Website or Content will terminate your limited rights to use Website and the Content without prejudice to any other remedy We may have under applicable law.

6.   Submitting Materials to the Website. Certain features of the Website allow you to provide Us with comments or other material, including grant applications and information and content contained therein.  Any comments, inquiries, suggestions, ideas or other materials, including grant applications and information and content contained therein (collectively “Submissions”) that you provide to Us will be considered non-proprietary and non-confidential.  Subject to the terms of Our Privacy Policy, by posting or otherwise providing Us any Submission, you hereby grant to Us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicenseable right to use that Submission in any form, media, or technology, whether now known or later developed, and for any purpose including, without limitation, developing, distributing and promoting Amplifier, and Our services.

More specifically, processing of common grant applications requires the collection and use of sensitive data, personal, financial or otherwise; any and all information in the CGA will be shared freely, and available fully, to Amplifier and their respective partners and personnel. Furthermore, Amplifier will not assess the candidacy of a CGA for a grant or match a CGA to a GC, any and all information in the CGA will be shared freely, and available fully, to any GC that is registered on the Amplifier web platform. If you make a Submission, you represent and warrant to Us that you own or otherwise have the rights necessary to provide the Submission to Us. 

7.   Third Party Links. For your convenience, We may provide on the Website links to websites of other persons or entities.  We are not responsible for the content of any non-Amplifier websites to which the Website links or is linked to, including any social network websites such as Twitter or Facebook that We may use to promote Amplifier and Our activities.  Links appearing on the Website are for convenience only and are not an endorsement by Us, or Our affiliates or partners, of the referenced content, product, service, or supplier. Your linking to any non-Amplifier websites is at your own risk. We are in no way responsible for examining or evaluating, and do not warrant the offerings of, non-Amplifier websites linked to or from the Website, nor do We assume any responsibility or liability for the actions, content, products, or services of such websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all non-Amplifier websites that you visit. 

8.   Accuracy of Information. We attempt to be as accurate as possible on the Website; however, to the full extent permitted by applicable law, We make no representations or warranties that the Website, the Content, or information available on the Website including user Submissions, is accurate, complete, reliable, current, or error-free, and We expressly disclaim any and all liability for errors or omissions in the Website, the Content or other such information. Any Content or information on the Website is subject to change without notice.

9.   Grant & Profile Development, Grant Application; and Commenting Guidelines. The views of individuals participating in this website do not necessarily represent the views of Amplifier. Staff monitor the input and may participate or intervene, as appropriate. In the case of ongoing investigations or legal proceedings, Amplifier staff will not be able to comment. Please keep in mind that Amplifier will not tolerate comments that are offensive to an individual or an organization, rude in tone, or abusive. Amplifier staff also reserves the right to edit or refuse messages, grants, applications or that meets any of the following conditions: 

(1)  Racist, hateful, sexist, homophobic, slanderous, insulting, or life-threatening messages

(2) Messages promoting or engage in violenceterrorismbigotry or the destruction of any state

(3) Messages that support, endorse or engage in policies or activities that are anti-Semitic or that question Israel’s right to exist or the legitimacy of Israel as a secure, independent, democratic Jewish state

(4)  Serious, unproven or inaccurate accusations against individuals or organizations

(5)  Aggressive, coarse, violent, obscene, or pornographic comments

(6)  Messages where the sender is not the author

(7)  Messages for advertising purposes

(8)  Announcements from labor or political organizations

(9)  Messages written in a language other than English, and 

(10)  Unintelligible or irrelevant messages.

Grants, profiles, applications or comments meeting any of the above conditions will be removed. This includes any content quoted through a trackback mechanism. Trackbacks that violate the comment policy will be deleted.

The site administrator further reserves the right to remove grants, circles or organizations that are deemed overly commercial or promotional, or that contain content that is racist, hateful, sexist, homophobic, slanderous, or insulting. 

10.Representations and Warranties. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT THE WEBSITE AND ALL CONTENT THEREIN ARE PRESENTED "AS IS" AND “AS AVAILABLE.” TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, AMPLIFIER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

11.Limitation of Liability. YOU AGREE THAT AMPLIFIER, AND OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, MEMBERS, OWNERS, AGENTS AND EMPLOYEES (THE “AMPLIFIER PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT THE PRESENCE OF OR HYPERLINKING TO OR FROM NON-AMPLIFIER LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINKING TO OR FROM NON-AMPLIFIER WEBSITES; (f) INJURY OR DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE; OR (g) EVENTS BEYOND AMPLIFIER'S REASONABLE CONTROL.  FURTHER THE AMPLIFIER PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR THE CONTENT THEREIN REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AMPLIFIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OR DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE AMPLIFIER PARTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW. IN NO EVENT SHALL THE AMPLIFIER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED FIFTY DOLLARS ($50.00 USD).

12.Indemnification. You agree, at your own expense, to defend, indemnify and hold the Amplifier Parties harmless for any loss, damages or costs incurred by the Amplifier Parties, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or relating to (a) your use of the Website or Content; or (c) any Submission that you input, post, upload, distribute, e-mail, transmit or otherwise make available through the Website. You may not in any event settle any such third party claim, action or demand without Our written consent. Amplifier reserves the right to, in its sole discretion and at its own expense, participate in or assume the exclusive defense and control of any such third party claim, action, or demand otherwise subject to indemnification by you.

13.Governing Law and Venue. These Terms of Use and the Privacy Policy are governed by the laws of the State of New York, without regard to any conflict of law principles thereof that might lead to the application of the laws of another jurisdiction.  You hereby irrevocably consent to the exclusive personal jurisdiction of, and venue in, the state (specifically, in the 1st Judicial District of the Supreme Court of Manhattan) and federal courts located in New York with respect to any disputes arising out of or relating to your use of the Website, and you hereby irrevocably waive all defenses of lack of personal jurisdiction and forum non conveniens.

14.Termination. We have the right to restrict, suspend or terminate your access to the Website if, in its sole discretion, you fail to comply with any provision of these Terms of Use.  We may also discontinue or change the Website or any service therein, or its availability to you, at any time and for any reason, and without prior notice or liability. 

15.General. These Terms of Use, together with Our Privacy Policy, constitute the complete and exclusive agreement between you and Amplifier concerning your use of the Website, and supersede and govern all prior proposals, agreements or other communications.  Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between Amplifier and you. Our failure to enforce or exercise any provision or right hereof shall not constitute a waiver of such provision or right, nor shall Our waiver of a breach of any provision hereof be taken or held to be a waiver of that provision at any other time. In the event that any provision of these Terms of Use shall be declared unenforceable or invalid under any applicable law by a court of competent jurisdiction, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Use will remain in force and effect. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, Our original objectives and intent as reflected in the original provision.

16.Contact information. If you have any questions regarding these Terms of Use or the Website, please contact us:

Amplifier

[email protected]

120 E 23rd Street, 5th Floor

New York, NY 10010

These Terms of Use were last updated: January 2017    

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