Pionero Philanthropy User Agreement

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READ THE TERMS AND CONDITIONS HEREIN CAREFULLY BEFORE CONTINUING OR USING THE PRODUCTS WITHIN THE PIONERO SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE PRODUCTS.

YOUR CLICKING ON THE BUTTON MARKED “I ACCEPT” AND YOUR CONTINUED USE OF THESE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS OF USE.

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These Terms of Use are a binding contract between You and Pionero Philanthropy Inc. (“Pionero”). Your access to and continued use of areas within the Pionero Web site located at www.pionerophilanthropy.org (including any successor site) (the “Pionero Site”) constitutes your acceptance, without limitation, of the terms and conditions of these Terms of Use. If You do not agree to be bound by these terms, You may not access or use any products that require payment of a fee for access (“Fee-Based Products”).

Permitted and Prohibited Uses

Permitted Uses. Fee-Based Products, such as features and services associated with “Pionero Subscriptions” or one time purchases (collectively, “Fee-Based Products”) may be accessed by paying the applicable fees for such Fee-Based Products, as established by Pionero. You may access and use the Pionero Site and the Fee-Based Products for the following purposes (collectively, “Permitted Uses”):

  1. to learn about nonprofit organizations for the purposes of evaluating them as recipients of charitable donations including grants;
  2. to learn more or exchange information about specific nonprofit organizations or general issues of interest to the nonprofit community;
  3. to investigate nonprofit entities for purposes of providing goods or services to them or for entering into other types of business relationships with them;
  4. to fulfill Your business or organizational mission of making charitable donations to nonprofit entities;
  5. to conduct comparative or other “best practices” research purposes;
  6. for Your own internal business use; and
  7. in the case of governmental agencies, performing regulatory or research functions related to nonprofit entities.

You may download and print information from the Pionero Site in connection with the Permitted Uses. Pionero reserves all rights not expressly licensed. If You wish to access or use any Fee-Based Products, You can do so only by agreeing to the License Agreement or similar agreement applicable to such Fee-Based Products.

Prohibited Uses. You may not:

  1. use the Pionero Site other than as authorized by these Terms of Use;
  2. use the Pionero Site for the benefit of any third party, other than as part of a Permitted Use;
  3. republish or distribute information from the Pionero Site (including by posting same on any other Web site) without Pionero’s express written consent;
  4. modify information from the Pionero Site except in connection with a Permitted Use;
  5. disassemble, decode, decompile, or otherwise reverse engineer the Pionero Site, including, without limitation, any interfaces or software programs comprising the Pionero Site;
  6. take any action that would impede or interfere with the operation of the Pionero Site or alter the contents of the Pionero Site, or alter or interfere with any other content, site or software that Pionero owns or controls;
  7. directly or indirectly, change, recompile, reframe, rent, sell, distribute or publish any of the Pionero Site, any database thereon and/or any content thereon, or any portion thereof;
  8. use any data mining, robots or similar data gathering and extraction methods with respect to the Pionero Site or any portion thereof; or
  9. use the Pionero Site directly or indirectly in competition with Pionero in any way whatsoever.

Access to the Pionero Site

Pionero reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the Pionero Site. Pionero further reserves the right to impose registration, password and other security precautions on access to and use of the Pionero Site.

Pionero Subscriptions Logins

To obtain access to Pionero Subscriptions, You will be required to create a login. You will select a username and password at the time You create Your login on the Pionero Site. Only one individual may access the Pionero Site at a time using the same username and password. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under Your username or password.

You are responsible for ensuring that no unauthorized person will have access to Your username, password or account. It is Your sole responsibility to monitor and control access to and use of Your username, password and account. Your username, password and account are not transferable. You grant Pionero and all other persons and entities involved in the operation of the Pionero Site the right to transmit, monitor, store, retrieve and use Your information in connection with the operation of the Pionero Site. You agree to (a) immediately notify Pionero of any unauthorized use of Your username, password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Pionero cannot and will not be liable for any loss or damage arising from Your failure to comply with the provisions of this Section.

Pionero reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the Pionero Site. Pionero further reserves the right to impose additional or other registration, password and other security precautions on access to and use of the Pionero Site.

Downloading of Information

We may, in Our sole discretion, from time to time determine to permit You to download information accessible by You pursuant to one or more Fee-Based Products which You have purchased. In the event Pionero does permit downloading of Information, such downloading shall be subject to the provisions of this Section. In addition to and not in limitation of any restrictions set forth elsewhere in these Terms of Use or in any License Agreement for a Fee-Based Product, You agree that you shall not copy, download, upload or in any other way reproduce any Information except as expressly permitted pursuant to this Section.

Subject to any specific requirements of the applicable License Agreement, You shall be permitted to download such Information as and to the extent provided below:

  1. Information accessible pursuant to such Fee-Based Product may be downloaded solely for Your internal use (but not for general internal distribution) and only in accordance with these Terms of Use and the License Agreement with respect to such Fee-Based Product. All Information so downloaded shall continue to be subject to all restrictions on use and other provisions applicable to such Fee-Based Product and/or the Pionero Site set forth in these Terms of Use or such License Agreement. The Information available to be downloaded with respect to any organization shall be as determined from time to time by Us in Our sole discretion.
  2. Information available to be downloaded by You may be saved in one or more files on the Pionero Site created based upon the results of one or more searches conducted by You by means of such Fee-Based Product and accessible via Your subscription management page with respect to such Fee-Based Product on the Pionero Site.
  3. You may access and download any such file, in such format or formats as We may make available on the Pionero Site from time to time, in Our sole discretion, within the time period during which such file is available to be accessed by You as set forth from time to time on the subscription management page on the Pionero Site with respect to Your subscription to such Fee-Based Product.
  4. Notwithstanding the foregoing, You acknowledge and agree that We reserve the right at any time and from time to time in Our sole discretion to (a) increase or decrease any limit on the maximum number of Records that may comprise any such file, including, without limitation, the maximum number of Records that may be returned per search or per session, (b) increase or decrease the time period during which You may access any such file, (c) increase or decrease any limit on the number of times You may access any such file, (d) increase or decrease any limit on the number of times You may download any such file, and (e) limit access to such Fee-Based Product to viewing or printing using a third party web browser function. In addition, You acknowledge and agree that You shall be bound by any other access and download limitations per search and/or session applicable to such Fee-Based Product, as determined by Us from time to time in Our sole discretion. All download limitations will be enforced at Our sole discretion.
  5. Systematic access to or extraction of content from any Fee-Based Product or downloaded file or Information (as determined by Pionero in Our sole discretion), including, but not limited to, the use of “bots” or “spiders”, is strictly prohibited. Without limiting any other provision of these Terms of Use, We reserve the right to monitor Your use of the Pionero Site and any Fee-Based Product to ensure compliance with these Terms of Use (including, without limitation, the provisions of this Section) and any License Agreement for a Fee-Based Product, and to prevent fraudulent use. Such monitoring of use may include but shall not be limited to determining whether or not the Pionero Site or any Fee-Based Product is accessed under Your account from multiple computers, as well as noting downloads beyond the limit of the total number of allowable Records as may be set forth with respect to Your subscription to a Fee-Based Product for which downloading is permitted, or a disproportionate number of users. If such monitoring indicates You are not in compliance with these Terms of Use (including, without limitation, the provisions of this Section) or the License Agreement with respect to such Fee-Based Product, or if fraudulent activity is suspected, Pionero reserves the right to take such action as it deems necessary, including, but not limited to, suspension or termination of your rights under these Terms of Use and any and all License Agreements for Fee-Based Products, and any and all of Your account(s).

Communications with Pionero 

You understand and agree that Pionero may send to You certain communications from time to time, including (a) product announcements, such as announcements concerning upgrades, modifications and/or enhancements to the Pionero Site and any other products or services offered by Pionero; (b) service announcements, such as announcements regarding possible interruptions or other conditions that may affect access to and/or use of the Pionero Site and/or any other products or services offered by Pionero; (c) subscription-related announcements, such as notification of impending subscription expirations and opportunities to upgrade subscriptions; and (d) other administrative updates. Unless explicitly stated otherwise, any new feature that augments or enhances the Pionero Site, shall be subject to this Agreement.

Registration Information and Privacy Policy

As a condition of Your right to use the Fee-Based Products within the Pionero Site, You agree to provide us with true, accurate and complete information as required including Your legal name and email address (collectively, “Registration Data”), to allow us to share Your Registration Data with third parties for the purpose of verifying the information you provide and to otherwise use such Registration Data consistent with our Privacy Policy. 

Privacy Policy

You agree to the terms of our Privacy Policy, which is incorporated by reference

Legal Notices and Proprietary Rights

You agree that you will not take any action that would infringe, misappropriate, or violate Pionero’s intellectual property interests and that you will comply with the intellectual property provisions set forth herein.

ACCURACY AND WARRANTY DISCLAIMERS

Pionero does not warrant or guarantee the accuracy, quality, completeness, currency, non-infringement, timeliness, merchantability, fitness for a particular purpose, or validity of any information on the Pionero Site (including, without limitation, any database accessible via the Pionero Site and its content) or linked from the Pionero Site nor does Pionero guarantee that the Pionero Site will be error-free or continuously available or free of viruses or other harmful components. 

Due to, among other things, the possibility of human and/or mechanical error, Pionero shall not be responsible for any errors or omissions on the Pionero Site. Pionero makes no representations as to the accuracy or integrity of the information contained therein, including, without limitation, any content thereon. Pionero shall not be liable for any damages of any kind incurred as a result of the information posted on the Pionero Site including, without limitation, any content thereon.

PIONERO MAKES NO WARRANTY THAT THE PIONERO SITE IS BUG FREE OR ERROR FREE, THAT SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF SAME WILL RESULT IN ANY PARTICULAR RESULTS. THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY INFORMATION OR AGAINST INFRINGEMENT. THE PIONERO SITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” PIONERO HAS MADE AND MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT, NONINTERFERENCE, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY INFORMATION, EFFORTS, SERVICES OR SYSTEM PROVIDED BY PIONERO WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. PIONERO MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY’S SOFTWARE AND/OR EQUIPMENT.

LIMITATIONS ON LIABILITY; INDEMNITY

IN NO EVENT SHALL PIONERO (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS) HAVE LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING IN CONNECTION WITH THESE TERMS OF USE, THE PIONERO SITE, ANY DATABASE OR CONTENT THEREON OR THE USE OR INABILITY TO USE THE PIONERO SITE, OR ANY DATABASE OR CONTENT THEREON, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE CLAIMED OR REGARDLESS OF WHETHER PIONERO HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY.

You agree to indemnify, defend and hold harmless Pionero, its affiliates, and their respective officers, directors, employees, agents, successors, affiliates, assigns, licensors, partners, joint venturers, customers and any other person or entity involved in the creation, production and/or distribution of the Pionero Site, from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys’ fees and expenses) incurred in connection with or arising from any breach by You of these Terms of Use or resulting in connection with or arising from Your use of the Pionero Site.

Disclaimer Regarding Financial and Legal Advice

The information on the Pionero Site is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions. Before you act on any information you’ve found on the Pionero Site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE PIONERO SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF THE PIONERO SITE OR ANY MATERIAL OTHERWISE PROVIDED BY THE PIONERO SITE. 

Termination; Equitable Remedies

Pionero may terminate these Terms of Use (including Your rights hereunder) at any time, with or without notice and with or without cause. Terms of these Terms of Use that, by their nature, survive the termination or expiration of these Terms of Use, shall so survive.

You acknowledge and agree that any unauthorized use or disclosure by You of the Pionero Site or any infringement or violation of Pionero’s intellectual property rights, shall cause Pionero irreparable injury for which Pionero could not be fully compensated by money damages. You agree that, in the event of such a violation, Pionero would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that Pionero would be entitled to recover from You its attorneys’ fees and costs incurred in seeking and obtaining such relief.

Force Majeure

Pionero shall have no liability whatever for delays or interruptions in delivery or accessibility of any of the Pionero Site, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond Pionero’s reasonable control.

Dispute Resolution

These Terms of Use shall be governed and construed by the laws of the State of Florida, without regard to its choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using the Pionero Site, You are transacting business in the State of Florida and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of Use or in connection with the Pionero Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the State of Florida, and You consent to personal jurisdiction and venue in any such court. In the event of any dispute adjudicated between the parties, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys’ fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year.

 

Notices

Any notices to You will be sent to the email address that You provide to Pionero.

Severability

Should any term of these Terms of Use be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, Pionero and You agree that such provision shall be automatically severed and the remainder of these Terms of Use that can be given effect shall continue to be given effect.

Entire Agreement

Subject to the following sentence, these Terms of Use, including the Privacy Policy, constitute the entire agreement between Pionero and You with respect to the subject matter of these Terms of Use, and supersede all prior agreements, understandings or representations between You and Pionero with respect to the subject matter of these Terms of Use. These Terms of Use do not supersede or alter any License Agreement to one or more of our Fee-Based Products; and You must comply with the terms of these Terms of Use and each such other agreement to which You have agreed or may agree in the future.