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Foundant Technologies Standard'Verms and Conditions
<br />Software License and Services Agreement with Customer
<br />additional or other registration, password and other security precautions on
<br />access to and use of the GuideStar Site,
<br />Use of Cookies
<br />GuideStar may use cookie technology to help personalize Your experience
<br />on the GuideStar Site. A cookie is a small file that is sent to Your computer
<br />by a site's server. A cookie can be a record of Your visit to a site, including
<br />information such as Your user name, registration information, time of last
<br />visit, pages viewed, etc. A cookie created by one site's servers can be
<br />retrieved only by that site's servers,
<br />You have the ability to accept or decline cookies. Most web browsers
<br />automatically accept cookies, but browser settings can usually be modified
<br />to decline all cookies, or to notify the user each time a cookie is sent and
<br />permit cookies to be accepted or declined on an individual basis. If You (or
<br />one of Your authorized users, if any) choose to decline cookies, You (or
<br />such authorized user) will need to enter Your (or such authorized user's)
<br />user name and password each time You (or such authorized user) desire to
<br />log in to the GuideStar Site, and use of the GuideStar Site by You (or such
<br />authorized user) may also otherwise be negatively impacted.
<br />Communications from GuideStar
<br />You understand and agree that, as pan of Your use of the GuideStar Site,
<br />GuideStar may send to You certain communications from time to time,
<br />including (a) product announcements, such as announcements concerning
<br />upgrades, modifications and/or enhancements to the GuideStar Site and any
<br />other products or services offered by GuideStar; (b) service announcements,
<br />such as announcements regarding possible interruptions or other conditions
<br />that may affect access to and/or 1180 of the GuideStar Site and/or any other
<br />products or services offered by GuideStar; (c) subscription -related
<br />announcements, such as notification or impending subscription expirations
<br />and opportunities to upgrade subscriptions; and (d) other administrative
<br />updates. You thither understand and agree that Your agreement to receive
<br />such communications is a condition to Your use of the GuideStar Site and
<br />other products and services offered by GuideStar, and that You will not be
<br />able to opt out of receiving them. Unless explicitly stated otherwise, any
<br />new feature that augments or enhances the GuideStar Site, shall be subject
<br />to this Agmeinent.
<br />Registration Information and Privacy Policy
<br />As a condition of Your right to use the GuideStar Site, You agree to provide
<br />us with nue, accurate and complete information as required by the
<br />registration process, including Your legal name, address, telephone number,
<br />and e-mail address (collectively, "Registration Data"), to allow us to share
<br />Your Registration Data with third parties For the purpose of verifying the
<br />information you provide and to otherwise use such Registration Data
<br />consistent with our Privacy Policy. You agree to the terns of our Privacy
<br />Posey, which is incorporated by reference.
<br />Legal Notices and Proprietary Rights
<br />You acknowledge and agree to the terns of GuideSmes Legal Notices,
<br />which are incorporated by reference. You agree not to take any action that
<br />would infringe, misappropriate, or violate GuideStar's intellectual property
<br />interests.
<br />You agree not to upload or otherwise place any information on the
<br />GuideStar Site that would infringe or otherwise violate anyone's intellectual
<br />property interests or other rights, or that is false, misleading, defamatory, or
<br />otherwise contrary to law or regulation.
<br />ACCURACY AND WARRANTY DISCLAIMERS
<br />GuideStar does not warrant or guarantee the aecumay, quality,
<br />completeness, currency, or validity of any information on the GuideStar Site
<br />(including, without limitation, database accessible via the Site and its
<br />content) or linked from the GuideStar Site. The descriptive infonnation is
<br />derived from IRS Forms 990, Forms 990 -EZ, and Fonns 990 -PF filed by
<br />the nonprofit organizations or their voluntary responses to a GuideStar
<br />questionnaire. The financial data are taken from the IRS Business Master
<br />File, IRS Forms 990, Forms 990 -EZ, Forms 990-117, or information
<br />provided to GuideStar by organizations that are not required to file returns
<br />with the IRS. The classified ads and news releases are also provided by the
<br />organizations. GuideStar does not edit or control the financial information it
<br />receives, although it may (in its sole discretion) note obvious mathematical
<br />errors that it believes may exist in the materials as received by it.
<br />Due to, among other things, the possibility of human and/or mechanical
<br />error, GuideStar shall not be responsible for any errors or omissions on the
<br />GuideStar Site. GuideStar makes no representations as to the accuracy or
<br />integrity of the information contained therein, including, without limitation,
<br />the GuideStar Content. GuideStar shall not be liable for any damages of my
<br />kind incurred as a result of the information posted on the GuideStar Site
<br />including, without limitation, the GuideStar Content,
<br />GUIDESTAR MAKES NO WARRANTY THAT THE GUIDESTAR
<br />SITE IS BUG FREE OR ERROR FREE, THAT SAME WILL
<br />OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF
<br />SAME WILL RESULT IN ANY PARTICULAR RESULTS. THERE
<br />ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR
<br />ENJOYMENT OF ANY INFORMATION OR AGAINST
<br />INFRINGEMENT. THE GUIDESTAR SITE IS PROVIDED "AS IS"
<br />AND "WITH ALL FAULTS." GUIDESTAR HAS MADE AND
<br />MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL
<br />WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE
<br />OF PERFORMANCE, COURSE OF DEALING OR USAGE OF
<br />TRADE, INCLUDING WITHOUT LIMITATION ANY
<br />REPRESENTATIONS OR WARRANTIES RELATING TO
<br />NONINFRINGEMENT, NONINTERFERENCE, ACCURACY,
<br />MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE,
<br />QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE
<br />OR THAT ANY INFORMATION, EFFORTS, SERVICES OR
<br />SYSTEM PROVIDED BY GUIDESTAR WILL FULFILL ANY OF
<br />YOUR PARTICULAR PURPSOSES OR NEEDS. GUIDESTAR
<br />MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF
<br />OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR
<br />EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL
<br />LIABILITY ARISING FROM OR RELATING TO A THIRD
<br />PARTY'S SOFTWARE AND/OR EQUIPMENT.
<br />LIMITATIONS ON LIABILITY; INDEMNITY
<br />IN NO EVENT SHALL GUIDESTAR (INCLUDING ITS OFFICERS,
<br />DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS) HAVE
<br />LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL,
<br />INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS
<br />(INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST
<br />BUSINESS, LOST PROFITS, OR LOST DATA) ARISING IN
<br />CONNECTION WITH THIS USER AGREEMENT, THE
<br />GUIDESTAR SITE, ANY DATABASE OR CONTENT THEREON
<br />OR THE USE OR INABILITY TO USE THE GUIDESTAR SITE, OR
<br />ANY DATABASE OR CONTENT THEREON, REGARDLESS OF
<br />THE LEGAL. THEORY ON WHICH SUCH DAMAGES ARE
<br />CLAIMED OR REGARDLESS OF WHETHER GUIDESTAR HAS
<br />BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR
<br />LOSS. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS,
<br />AND YOUR RIGHTS MAY VARY.
<br />You agree to indemnify, defend and hold harmless GuideStar, its affiliates,
<br />and their respective officers, directors, employees, agents, successors,
<br />assigns, licensors, partnere, joint venturers, customers and any other person
<br />or entity involved in the creation, production and/or distribution of the
<br />GuideStar Site, from and against any and all claims, liabilities, costs and
<br />expenses (including, without limitation, attomeys' Fees and expenses)
<br />incurred in connection with or arising from any breach by You of this User
<br />Agreement or resulting in connection with or arising from Yom use of the
<br />GuideStar Site.
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