Last Updated: June 3, 2022
Acceptance of Terms
YOUR CONTINUED USE OF OUR SITE CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE AND YOUR ACCOUNT BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE OR YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You represent and warrant that: (i) you will be the only person accessing the Site through the account you create; (ii) you will keep your account credentials, including password, secure; and (iii) you will notify us any suspected breach of security or unauthorized use of your account.
You are solely responsible for protecting the security and confidentiality of your password and identification. We are not liable for any damages that result from unauthorized account access or use. You are solely responsible for the use of your account, how you use the Site and your interactions with third parties through your use of the Site. You acknowledge that we are not liable for third-party access to your account that results from theft or misappropriation of your user name and password including any activities that occur using your account after any improper access event, theft or misappropriation. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the Site’s security.
Intellectual Property and Copyright Policy
CMF provides the materials on the Site in order to advance the public interest for educational and guidance purposes only. We do not provide, and the information available through the Site does not constitute, specific financial, investment, accounting, tax, or legal advice. While these documents may serve as an excellent starting point for drafting or revising similar documents, we strongly recommend independent judgment and the advice of competent legal counsel. If you rely on any information or service available through the 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 any service or any material and/or data downloaded from or otherwise provided through the Site.
Notwithstanding the foregoing, CMF grants a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to individuals and nonprofit organizations to reproduce materials from the Site (except where noted) and to access and use the Site (including updates and upgrades that replace or supplement them in any respect and which are not distributed with a separate license, and any documentation) provided that users:
- attribute the materials to CMF;
- affix references to CMF on all reproductions;
- make no changes to the materials;
- refrain from any redistribution of the materials; and
- not remove, erase, or tamper with any legal notices, credits, copyright, trade names, logos, color schemes, service marks, slogans, other proprietary or trademark notice, or similar means of identifying products or services (collectively, the “Marks”) displayed, printed or stamped on, affixed to, or encoded or recorded in the materials, or use a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to CMF’s rights in the material.
You may not, without our express written permission, frame any of the content of the Site, or incorporate into another website or other service any material, content or intellectual property belonging to us, our parent or affiliate companies, or any of their licensors.
You may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark.
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-form at, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site.
Respect for Intellectual Property Rights
CMF respects the intellectual property rights of authors and publishers. We properly attribute and reference materials on our Site. When hosting documents in our Knowledgebase, we only do so with the copyright holder’s permission.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send to us a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
If you believe that your copyrighted material has been copied, posted, or distributed on the site in a way that infringes your copyright rights, please send written notice to our office:
Council of Michigan Foundations
125 Ottawa NW, Suite 437
Grand Rapids, MI 49503
In accordance with copyright law, please include in your written notice: (i) a detailed description of the work you believe is being infringed; (ii) a description of the location on the Site where the allegedly infringing content appears; (iii) your contact information, including name, address, telephone number, and email address; (iv) a statement that you have a good-faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law; (v) a statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and (vi) your original or electronic signature.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
Use of this Web Site
Without limiting the foregoing, we may immediately suspend or terminate your use of the Site if you engage in any of the following prohibited activities (nor shall you authorize or assist any person to do, any of the following):
- Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit in any manner through the Site;
- Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without CMF’s prior written approval;
- Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
- Interfering with or disrupting any servers or networks used to provide the Site, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Site;
- Using the Site for any illegal or unauthorized purpose;
- Violating any applicable local, state, national or international law, including, but not limited to (i) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, and (iii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- “Stalking” or otherwise harassing another;
- Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
- Collecting or storing personal data about other users;
- Gaining unauthorized access to our Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means; or
- Obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Site.
In addition, some of the materials on the Site are subject to specific restrictions with respect to use. You expressly agree that you will comply with any and all restrictions. Any user who duplicates electronically or in printed form, re-transmits, redistributes, or otherwise uses materials on this Web site shall be solely responsible for any violations of copyright, proprietary or other personal rights including libel, slander, or any other personal injury arising out of his or her use of such materials.
THEREFORE, WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADDITIONALLY, WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION, SITE , SERVICES, OR THE SERVIER THAT MAKES THE SITE AVAILABLE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS NOR THAT THE DEFECTS WILL BE CORRECTED.
APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE OR ANY SERVICE AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, PERSONAL INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SITE, OR YOUR INABILITY TO ACCESS OR USE THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES ON ANY THEORY OF LIABILITY WHETHER FRAMED IN CONTRACT, TORT, OR STRICT LIABILITY, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF THE INDEMNIFIED PARTIES.
Your sole remedy for dissatisfaction with the Site including, without limitation, content on the Site, is to stop using the Site. Such limitation shall also apply with respect to any information or advice received through or advertised in connection with the Site or any links on the Site.
Each Third-Party Site has its own separate privacy and data collection practices independent of CMF. Your use of the Third-Party Site or locations will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms. You should contact the site administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such Third-Party Site.
Notice for California Residents Pursuant to CA Civil Code Section 1789.3
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R. Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
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