Terms & Conditions
Introduction
Last Updated: June 30, 2023
Bridge Philanthropic Consulting, LLC and its affiliates (“BPC”, “us”, “our” or “we”) provides its content on its websites or applications (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change these Terms without prior notice, so please check back from time to time. By accessing and using this Site, you agree to these Terms. For an explanation of BPC’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.
Copyrights
All content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of BPC or its licensors and, to the extent applicable, is protected by U.S. and international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 3 (Use of site content). All rights not expressly granted are reserved.
Trademarks
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of BPC and its licensors. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, you will not refer to or attribute any information to BPC or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, BPC or its licensors.
Use of site content
BPC hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without BPC’s prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without BPC’s express written consent. Nothing on the Site should be construed as granting directly or indirectly, or by implication any license or right to use any BPC intellectual property other than as expressly set forth herein. The license granted in this Section 3 terminates automatically and immediately if you do not comply with these Terms.
User postings
You acknowledge and agree that BPC shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, forums or message boards, questionnaire, survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against BPC for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with BPC’s use and publication of such submissions.
You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements or (g) violates these Terms.
BPC does not represent or endorse the accuracy of reliability of information posted to the Site by users. In addition, BPC does not and cannot review all information posted to the Site by users and is not responsible for such information. However, BPC reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
Notices of infringement and takedown by BPC
BPC prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to BPC at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address, if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. BPC will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions on the Site. BPC’s contact for submission of notices under this Section 5 is: Legal Department, Bridge Philanthropic Consulting, LLC, 8 W. 126th St, 3rd Floor, New York, New York 10027.
Disclaimers
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT BPC IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, NO SITE CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING OR OTHER REGULATED ADVICE, AND THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SITE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE CONTENT SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BPC AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. BPC SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER BPC NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
Indemnification
You hereby indemnify, defend, and hold harmless BPC and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, members, shareholders, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (collectively, “BPC Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by BPC Indemnified Parties in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. BPC reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.
Third-party websites & providers
We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. BPC has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.
Governing Law; Venue
BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH BPC IN A COURT OF LAW OR BEFORE A JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
The law applicable to the interpretation and construction of these Terms and any transaction using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of New York, USA, without regard to the conflicts of law principles, but subject to the Federal Arbitration Act and other federal law relating to the arbitration of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York.
Unless you and BPC agree otherwise, to the fullest extent permitted by law, the state and federal courts in New York County, New York, will have exclusive jurisdiction over any disputes. You and BPC consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.
Additional Terms, Modification & Severability, Miscellaneous
Please review our other terms and policies posted on the Site, including the Privacy Policy (“Additional Terms”). The Additional Terms also govern your use of the Site and are incorporated by reference into, and made a part of, these Terms. These Terms constitute the entire agreement between you and BPC relating to the subject matter addressed herein.
We reserve the right to modify, suspend, or discontinue the Site and any service, content, features, or products offered through the Site at any time, without notice to you. We will have no liability to you or any third party for modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Site.
We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review these Terms. Your continued use of the Site will constitute your acceptance of the current Terms.
If any part of these Terms are held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You agree that communications and transactions between us may be conducted electronically.
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