This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "your"), and TAGI, LLC and its licensees, successors, and assigns ("Company" or "we" or "us" or "our"). This Agreement governs your use of our website, www.snapgrant.com ("Site"), and our mobile application, if any ("App," and collectively with the Site the "Platform"), provided by the Company. Your use of the Platform is conditioned on your acceptance without modification of the following terms, conditions, and notices contained in this Agreement.
Please read the following terms and conditions carefully before using the Platform. Your use of the Platform constitutes your acceptance of this Agreement. If you do not agree to terms and conditions contained in this Agreement, you may not use the Platform.
The Platform is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter.
Your continued use of the Platform following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Our Platform facilitates the connection of individuals, universities, doctors, clinicians and other qualified researchers ("Researchers") seeking grant funding for research into the causes, prevention, treatment, and cure of certain diseases with charitable foundations, corporations, governments, and other institutions which provide grant funding for research ("Funding Providers"). Researchers and Funding Providers together are referred to herein as "Users" and the research sought by Researchers is referred to herein as "Research."
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, which can be viewed at https://snapgrant.com/privacy.html, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to deny your application to join the Platform and/or disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
We contract with Researchers who require grant funding to benefit their Research. After registering for the Platform and setting up a User account, Researchers will have the ability to post Research proposals ("Proposals") on the Platform. Funding Providers will have the ability to browse through these Research proposals and communicate with Researchers directly regarding possible grant funding. Please note that in an effort to focus on viable Research, we reserve the right to mark as "expired" or delete any Proposal that has not received funding within one (1) year of the Researcher's posting of the Proposal on the Platform. Any Proposal marked as "expired" will no longer be available for funding by Funding Providers.
We facilitate the connection between Researchers and Funding Providers. As such, we cannot and do not guarantee or warrant that a Researcher's Proposal will be funded. We provide no guarantee or warranty regarding the priority of Research funding. Your interactions with Users found on or through the Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that User. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these organization and/or You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Our number one goal is to promote Research. To that end, you understand and agree to the following:
Pricing for use of the Platform is governed by our fee schedule, which can be found at https://snapgrant.com/site/pricing. You acknowledge that the rates provided in the fee schedule may change at any time in our sole discretion with reasonable notice to you.
You represent and warrant that you are of legal age to form a binding contract. You agree to use the Platform only in a manner that complies with all laws and regulations that apply to you. If your use of the Platform is prohibited by applicable law or regulations then you are not authorized to use the Services. You agree not to use the Platform:
Additionally, you agree not to:
A violation of any of the foregoing is grounds for termination of your right to use or access the Platform without notice or refund in the Company's sole discretion
The Platform may contain message boards, chat features, personal web pages or profiles, forums, bulletin boards, blogs, news groups and other interactive features for posting, reviewing, and responding to Proposals (collectively, "Interactive Services") that allow Users to post, submit, publish, display, or transmit to other Users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Any information or content publicly posted or privately transmitted through the Platform is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the User Contributions, including Proposals, or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Platform.
The materials displayed or performed or available on or through the Platform, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, grant matches, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, reverse engineer, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including our) rights.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services, including the uploading or posting of Proposals. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other User, or by anyone who may be informed of any of its contents.
The Platform may include content provided by third parties, including materials provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may suspend or discontinue any part of the Platform, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Platform. We will make every attempt to notify you when we make a material change to the Platform that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any User Contribution, including Proposals (notwithstanding the one-year limitation set forth in this Agreement), from the Platform at any time, for any reason (including, but not limited to, if someone alleges that your User Contribution violates these Terms), in our sole discretion, and without notice.
From time to time and in our sole discretion, we may offer promotional credits to certain Users. You understand that promotional credits, if any, may expire, are non-transferrable and have no monetary value. We reserve the right to issue or discontinue promotional credits at any time in our sole discretion.
We may terminate this Agreement and the Platform at any time without notice. You agree and understand that we are under no obligation to continue to support or develop the Platform and, in accordance with this Agreement, we specifically disclaim any and all warranties, whether express or implied, and specifically limit our liability with regard to any decision we make regarding continued support and/or development of the Platform. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
You are free to terminate your account at any time. Please refer to our Privacy Policy, as well as the licenses granted above, to understand how we treat information you provide to us after you have stopped using our services. Account termination may result in destruction of any Content associated with your account. We have no liability or responsibility to you or any other User or third party for any claim, damage, or loss arising out of the termination of your account.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR MOBILE EQUIPMENT, COMPUTER OR MOBILE PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Platform, including, but not limited to, your User Contributions, Proposals, or any acceptance thereof, any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RELINQUISH YOUR RIGHT TO A JURY TRIAL AND RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
If there is a dispute between Users, or between Users and any third party, you agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
You agree that any dispute, controversy, or claim with us arising out of or relating to this Agreement, or the breach, termination, or invalidity hereof, or arising out of or relating to the Platform (each, a "Dispute"), shall be resolved under the provisions set forth in this Section. The procedures set forth in this Section shall be the exclusive mechanism for resolving any Dispute that may arise from time to time, and are an express condition precedent to binding arbitration or litigation of the Dispute.
A. Informal Resolution. To expedite resolution and control the cost of any Dispute, you and the Company agree to first attempt to negotiate a resolution to any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice as set forth in this Agreement.
B. Binding Arbitration. If you and the Company are unable to resolve a Dispute informally as set forth in Subsection A of this Section, you or we may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website located at www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by AAA rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide findings of fact and conclusions of law unless requested by a party. All decisions of the arbitrator shall be binding on the parties. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Cincinnati, Hamilton County, Ohio. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and the Company agree that any arbitration shall be limited to individual Disputes. To the fullest extent permitted by law:
D. Exceptions to Informal Negotiations and Arbitration. Notwithstanding the anything to the contrary set forth in this Section, you and the Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
E. Governing Law; Jurisdiction. This Agreement and all aspects of the Platform shall be governed by and construed in accordance with the internal laws of the State of Ohio, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth in this Section), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Cincinnati, Hamilton County, State of Ohio, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts.
F. Time Limitation. In no event shall any claim, action or proceeding by you related in any way to the Platform or this Agreement be instituted more than two (2) years after the cause of action arose, regardless of discovery of the same.
G. Severability. If the arbitration provisions contained in this Section are found to be illegal or unenforceable, then any Disputes that would have been subject to the arbitration provisions of this Section shall be decided by a court within Hamilton County, Ohio as set forth above.
No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
The Terms of Use and, Privacy Policy and the fee schedule constitute the sole and entire agreement between you and TAGI, LLC regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
This Agreement and your account may not be assigned by you without our express written consent. The Company may assign any or all of its rights and obligations to others at any time.
In order to contact us regarding use of the Platform or anything contained in this Agreement, please contact the Company at: TAGI, LLC, 10280 Chester Road, Cincinnati, Ohio 45215.