Terms of Use

Acceptance of Terms

By accessing this website (the "Site"), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials"), you are agreeing in good faith to the following terms. If you do not wish to be bound by these terms and conditions, you may not access or use the site. If you breach any of the terms of this Agreement, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

The Council on Foundations may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

Nature of Materials

The Materials are samples that have been provided in order to advance the public interest for educational and guidance purposes only. They are not standard or model forms and should not be used as such. Because these documents have been drafted to meet the unique program needs of each organization and to satisfy specific requirements applicable to each organization, the actual content of a particular document may not be appropriate for your organization. Therefore, while these documents may serve as an excellent starting point for drafting or revising similar documents, independent judgment and, where appropriate, the advice of competent legal counsel is strongly recommended.

Use of Materials

This Site is for informational purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, reformat and print a single copy of any information on this website for such personal use. Some of the Materials on this Site are subject to specific restrictions with respect to use. You expressly agree that you will comply with any and all such restrictions.

Intellectual Property

The Materials and Services on this Site are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or may violate such laws. You agree to use the Materials in compliance with all applicable laws, governmental regulations and guidelines, including without limit, all copyright, trademark and other intellectual property laws. You understand that the ownership of the materials is retained by the originators of those materials and that this agreement does not constitute the originators waiver of any rights. The originators are the beneficiaries of, and may independently enforce, this agreement. Except as expressly provided herein, neither the Council on Foundations nor the originators grant any express or implied rights to use the Materials.

Warranties and Disclaimers

You assume total responsibility and risk for your use of the site. The Council on Foundations is providing access to these materials and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever with regard to the materials or related information. This site could include technical or other mistakes, inaccuracies or typographical errors. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site generally. You expressly understand and agree that the Council on Foundations disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the site. The Council on Foundations further disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the products and services, including, without limitation, for harm caused by viruses or similar contamination or destructive features and the Council on Foundations shall not be liable for any cost or damage arising either directly or indirectly from your use of the site.

Indemnification

You agree to indemnify and hold the Council on Foundations, and its officers, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

General

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between the Council on Foundations and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by the Council on Foundation to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Submissions of Content and the Council on Foundations’ Take-Down Policy

Submissions of Web content, materials, postings must be consistent with the following policy; violations of this policy may cause removal of the content by the host of the website. By posting content, the submitter agrees to the following terms and conditions:

  1. Submissions must not contain material that violates or infringes any person or entity’s rights, including, but not limited to the rights of privacy and publicity as those rights are defined under state law, any state or federal law applicable to electronic communications. These rights include any unauthorized copying, reproduction, distribution, alteration or distortion of any image or representation of the individual or entity; Materials submitted may not defame the individual or entity;
  2. Submissions may not include the posting of materials protected by U.S. or international copyright law, regardless of whether the work has been registered or not, without the express written permission from the copyright or other rights holders; the rights and permissions of copyright or other parties having an interest or right in the materials must be included in the posting, and the posting must specifically identify those portion(s) of the posting for which permissions were obtained;
  3. Submissions must not include remarks that disparage the Council on Foundations, the host of the website, or any employee of the Council;
  4. Submissions must not contain the brand names, trademarks, trade dress, logos, seals, or other representations that may be associated with a specific organization or individual, without the express written permission of the party or parties having rights and titles to such materials; Submissions that may cause confusion in the marketplace as to identity of the submitter or that may mislead about any association of an individual or entity with the posting may be removed immediately by the Council, the host of the site, or the agent of either. See (b) above for how to execute postings in a manner that complies with this requirement;
  5. Submissions must not contain images, photos, or artwork that are not owned entirely by the party submitting to this website; unless third-party (not the submitter) ownership, rights or title are obvious on the face of the posting and the submitter has not provided any rights information, submissions will be deemed to be owned in their entirety by the submitter, and the submitter shall indemnify the Council for any damages, direct, indirect, consequential, and/or punitive that may result from the posting. No images of children will be posted unless appropriate licenses have been obtained from the child or children's parents or guardians;
  6. Submissions must not contain information, content, statements, or representations that are inflammatory, dangerous, inappropriate, indecent, obscene, tortious, injurious, defamatory or libelous; along these lines, submissions must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, sexual identity, or age;
  7. Submissions must not contain information or content that expressly or by implication endorses, approves or recommends, or appears to endorse, approve, or recommend any candidate for elected office or any particular political party. Submissions that link to political or candidate fundraising Web pages will be removed; related Web pages or links may also be removed at the Council’s discretion;
  8. Submissions must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction, including but not limited to the location where the submission was originally created or submitted; and
  9. The Council reserves the right to remove any additional content, including links, in whole or in part for violations of this policy or because the content has been deemed unrelated to the postings or discussion taking place.

If you observe any content or material on this Web page that appears to conflict with any of the above requirements, please contact webteam@cof.org immediately. Postings will be removed and reviewed, and only in the event that such contents are found to be consistent with the above policy, will such content be reposted.