TERMS OF USE

Welcome to the Tinker Foundation (“Foundation,” “we,” “us,” “our”) Site. These Terms of Use (“Terms”), sets forth the terms and conditions for your use of our Site www.tinker.org (the “Site”).

Please read these Terms carefully. By using the Site, you agree to be bound by and comply with the Terms, which may be updated from time to time without notice to you. If you do not consent to these Terms, please do not use the Site.

Site Content

All of the content featured or displayed on the Site (“Content”) is protected by copyright and other applicable intellectual property law and owned by the Foundation, our licensors and/or our Content providers.

You may use the Content for personal, non-commercial, charitable, and educational purposes, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. You shall abide by all additional copyright notices, restrictions, or information contained in any Content accessed through the Site. Otherwise, you may not use any of the Content without prior written authorization from us. To request such permission, please contact tinker[at]tinker[dot]org.

Trademarks

TINKER, TINKER FOUNDATION and other trademarks used on the Site are trademarks owned by us or our licensors (“Our Trademarks”). You may not use Our Trademarks without prior written authorization from us or our licensors, as applicable. Additionally, you may not use Our Trademarks (A) in connection with any product or service that does not belong to us; (B) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity; or (C) in any manner that may damage our reputation.

Grant Applications

If you want to apply for a grant from the Foundation, you may register to become a registered user (“Registered User”) through our grants management system, operated by our third-party Service Provider.

You are responsible for all activity under your Registered User account. You agree to provide accurate, current and complete information at all times, and to update it in a timely manner. You must keep your Registered User username and password confidential, and you may not transfer or otherwise do anything to give another person access to your Registered User account. You must notify us immediately at tinker[at]tinker[dot]com if you become aware that anyone has gained unauthorized access to your Registered User account. You represent and warrant that all information you provide as a Registered User is accurate and complete.

We reserve the right, in our sole discretion, to suspend or terminate any Registered User at any time if we suspect that you have not complied with these Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use the Site in any way that violates these Terms or any applicable laws or regulations.

Links to Third-Party Sites

The Site may contain links to websites controlled by third parties (“Third-Party Sites”). We are not responsible for Third-Party Sites or their content, activities or privacy practices. Any information you share or actions you take on Third-Party Sites are governed by those Sites’ terms of use and privacy statements, which you should review carefully to learn about their practices. The inclusion of links on our Site does not imply our endorsement of Third-Party Sites, their content, or any associated organization or activity. We make no representation or warranty whatsoever about the nature of Third-Party Sites and if you decide to access any other Sites linked to or from the Site, you do so entirely at your own risk.

Frames; Metatags; Links to the Site

Unless you obtain our prior written consent in each case, you may not: (A) frame any Content on any other Site; or (B) use metatags or any other “hidden text” that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name.

Disclaimers

THE SITE AND ALL SERVICES, PRODUCTS, CONTENT, AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE SITE OR ANY OF THE SERVICES, PRODUCTS, CONTENT, AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT OR SERVICES AVAILABLE THROUGH THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THROUGH OUR SITE OR CONTENT OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY SITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE, CONTENT, PRODUCTS AND SERVICES. IF YOU RELY ON THE SITE AND ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SITE AND ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE SITE, OR PRODUCTS, SERVICES OR CONTENT THAT MAY BE AVAILABLE THROUGH THE SITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

WE AND OUR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, AND AFFILIATES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE SITE OR ANY SERVICES OR CONTENT AVAILABLE THROUGH IT INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL WE OR OUR DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES AVAILABLE THROUGH THE SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE SITE, SERVICES, PRODUCTS OR CONTENT IS LIMITED TO $25. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, hold harmless, and defend (only if requested) us and our directors, members, managers, officers, employees, agents, representatives, licensors, and affiliates against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that the indemnified parties may incur based on claims arising out of your use of the Site or violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.

Changes to the Terms

We may change these Terms from time to time by posting an updated version on this web page, or, if we determine that it is appropriate, we may provide other notice to you. We recommend checking back on this web page regularly if you use the Site.

Privacy

These Terms incorporate by reference our Privacy Statement. Please read the Privacy Statement carefully as you agree to its terms when you use the Site.

Changes to Site; Termination

We may change, suspend or discontinue any aspect of the Site, including any Content, at any time. We may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. We reserve the right to terminate the Site, these Terms, and any products and/or services offered through the Site at any time without notice, for any reason. The “User Content” “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.

General

These Terms (which includes the Privacy Statement) are the complete agreement between you and us regarding your use of the Site and is governed by applicable federal laws and the laws of the New York applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of the Site and these Terms exclusively in the state and federal courts located in New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. Section titles and headings are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law.

Questions

Please email tinker[at]tinker[dot]org with any questions you may have about these Terms.

Last Updated: November 2019

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