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Foundant Technologies Standard Terms and Conditions
<br />Software License and Services Agreement with Customer
<br />Endorsement Disclaimer
<br />GuideStar does not endorse, support, sanction, or verify the information or
<br />material on or accessible via the GuideStar Site. Unless otherwise
<br />specifically indicated, GuideStar does not endorse and has no affiliation
<br />with any of the organizations mentioned, listed in, described on or linked to
<br />via the GuideStar Site, and it makes no representations or warranties
<br />whatsoever with regard to those organizations or any other organization,
<br />entity or person.
<br />Disclaimer Regarding Financial and Legal Advice
<br />The information on the GuideStar Site is provided for educational and
<br />informational purposes only. Such information or materials do not
<br />constitute and are not intended to provide legal, accounting, or tax advice
<br />and should not be relied on in that respect. We suggest that You consult an
<br />attorney, accountant, and/or financial advisor to answer any financial or
<br />legal questions.
<br />Classified Ads and Nonprofit Resources Disclaimer
<br />Please note: GuideStar's classified ads are a FREE service. GuideStar
<br />reserves the right to edit, categorize, revise, or decline any classified
<br />advertisement. We reserve the right to refuse any ad we deem inappropriate,
<br />In addition, GuideStar has the right to terminate any ad at any time for any
<br />reason, including if we team that the user has provided false or misleading
<br />information.
<br />Parties posting ads are responsible for the accuracy and content of their ads.
<br />Check you ad and if you find an error, please correct it immediately.
<br />GuideStar will not be liable for any damages arising out of effom or
<br />omissions.
<br />GuideStar and its affiliates make no representations or warranties of any
<br />kind, whether express or implied, regarding any of the classified ads located
<br />on the GuideStar Web site. Buyer beware and due diligence are
<br />recommended before entering into any agreement with a classified
<br />advertiser. We will not be held liable for any damages of any kind relating
<br />to any ad.
<br />Termination; Equitable Remedies
<br />GuideStar may terminate this User Agreement at any time, with or without
<br />notice and with or without cause. Terms of this User Agreement that, by
<br />their nature, survive the termination or expiration of this User Agreement,
<br />shall so survive.
<br />You acknowledge and agree that any unauthorized use or disclosure by you
<br />of the GuideStar Site or any hhfiingement or violation of GuideStar's
<br />intellectual property rights, shall cause GuideStar irreparable injury for
<br />which GuideStar could not be fully compensated by money damages. You
<br />agree that, in the event of such a violation, GuideStar would be entitled to
<br />seek and recover (in addition to any other available remedies) preliminary
<br />mid permanent injunctive relief without the necessity of posting bond or
<br />security, and further that GuideStar would be entitled to recover from you
<br />its attomeys' fees and costs incurred in seeking and obtaining such relief.
<br />Force Majeure
<br />GuideStar shall have no liability whatever for delays or interruptions in
<br />delivery or accessibility of any of the GuideStar Site, interruptions of
<br />service or other breach of this User Agreement due to fire, explosion,
<br />lightning, power surge or failure, water, acts of God, war, civil disturbance,
<br />terrorism, acts or omissions of communications carriers, or other causes
<br />beyond GuideStar's reasonable control.
<br />Dispute Resolution
<br />This User Agreement shall be governed and consumed by the laws of the
<br />Commonwealth of Virginia, without regard to its choice of law rules, You
<br />agree that, by entering into this User Agreement and accessing and/or using
<br />the GuideStar Site, You are transacting business in the Commonwealth of
<br />Virginia and are subject to jurisdiction in its courts. Any legal or equitable
<br />action arising from this User Agreement or in connection with the
<br />GuideStar Site shall be commenced and maintained in a court of competent
<br />subject matterjurisdiction within the Commonwealth of Virginia, and you
<br />consent to personal jurisdiction and venue in any such court. In the event it
<br />is held that jurisdiction or venue is wanting in such a court, an action then
<br />may be commenced in any other court having properjurisdiction under
<br />applicable statutes and court rules. In the event of any dispute adjudicated
<br />between the parties, whether in litigation or permitted appeal, the prevailing
<br />party shall be entitled to recover from the party not prevailing its reasonable
<br />attomeys' fees and costs incurred in such proceeding. The parties agree that
<br />neither may bring a claim or assert a cause of action against the other, in
<br />any forum or manner, more than one (1) year after the cause of action
<br />accrued, except where the party could not have reasonably discovered the
<br />wrong giving rise to the claim within the basic facts supporting the chain
<br />within one (1) year.
<br />Modification of this User Agreement
<br />GuideStar reserves the right, in its sole discretion, to modify, alter, or
<br />otherwise revise this User Agreement (as well as the License Agreements to
<br />our Fee -Based Products, Legal Notices, and Privacy Policy referenced in
<br />the User Agreement) at any time by posting such modified versions on the
<br />GuideStar Site. You agree to monitor regularly the User Agreement as it
<br />appears on the GuideStar Site. Your continued use of the GuideStar Site
<br />atter the posting of any modified versions shall constitute agreement to the
<br />modified User Agreement. This User Agreement may be modified by Your
<br />agreement to a License Agreement or License Agreements to one or more
<br />or our Fee -Based Products. This User Agreement may not otherwise be
<br />modified or amended.
<br />Notices
<br />Except as is stated herein to the contrary, any notices to GuideStar must be
<br />given by postal mail sent to GuideStras headquarters as then listed on the
<br />GuideStar Site. Any notices to You will be sent to the e-mail address that
<br />you provide to GuideStar.
<br />Severabitty
<br />Should any term of this User Agreement be finally held by a court of
<br />eompetentjurisdiction to be invalid, unenforceable, void, or otherwise
<br />contrary to law or equity, GuideStar and you agree that such provision shall
<br />be automatically severed and the remainder of this User Agreement that can
<br />be given effect shall continue to be given effect.
<br />Entire Agreement
<br />This User Agreement constitutes the entire agreement between GuideStar
<br />and You with respect to the subject mater of this User Agreement, and it
<br />supersedes all prior agreements, understandings or representations between
<br />You and GuideStar with aspect to the subject matter of this User
<br />Agreement, This User Agreement may not be modified except in writing
<br />and as is permitted herein.
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