Grantseeker Portal Terms of Use

Last Updated: May 9, 2024

Welcome to the Grantseeker Portal (the “Portal”) operated by The New York Community Trust (“The "Trust," "we," or "our"). The Trust is in fact two organizations (The New York Community Trust and Community Funds, Inc.) about which you can learn more on our website. These terms of use (“Terms,”), which include our Privacy Statement, governs your use of this Portal. By using our Grants Portal, you agree to these Terms. We may modify these Terms at any time by posting a revised version on our website or the Portal, or if we determine appropriate, by sending you an email or other notice. Please review these Terms from time to time because your continued use of the Portal after modified Terms have been posted indicates your consent to the Terms.

You may use our the Portal to apply for and manage grants. Our website, at https://www.thenytrust.org has information about what we support, how to apply for a grant, our past grants, and other information.

Copyright; Use of Material

Except as expressly indicated otherwise in these Terms or on our Portal, you may download information posted on our Portal ("Site Content") solely for your limited, personal, non-commercial use as long as you do not alter the Site Content or remove any trademark, copyright, or other notices displayed on the Site Content. Aside from expressly permitted uses, you may not reproduce, distribute, create derivative works of, publicly display or perform the Site Content in any manner, including extracting information or data for use in a database or any other purpose, without The Trust’s prior written consent in each case. If you would like to use Site Content for any other purpose, please send your request to awolf@thenytrust.org.

Trademarks

Our name and our trademarks and service marks, including The New York Community Trust and Community Funds, Inc., logos, slogans, and other indicia of source are owned by The Trust (collectively, "Our Trademarks"). You may not use Our Trademarks without The Trust’s prior written consent in each case, including in any manner that implies The Trust sponsors, endorses or is otherwise the source of or affiliated with a product, service, entity, or activity or that would be likely to cause confusion among the public.

Access to Site Content

You may freely access the public areas of our website. To apply for a grant and submit documents in connection therewith through the Grantseeker Portal, you will need to provide certain information. If you sign up on behalf of an organization, you warrant that you have authority from the organization to bind the organization to our Terms of Use and Privacy Statement.

The Grantseeker Portal is intended to: (i) allow nonprofit organizations to submit proposals seeking grants and manage the grant process. You are responsible for all your activity in our Portal. You must keep your username and password, if any, confidential and share it only as appropriate within your organization. You must notify us immediately if you become aware that anyone has obtained or attempted to obtain unauthorized access to your submissions through the Portal. You represent and warrant that all information you provide on the Portal is accurate and complete. We reserve the right, in our sole discretion, to suspend or terminate access 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 our Portal in any way that violates these Terms or any applicable law or regulation.

Unless you have first notified us immediately of any security breach concerning your username and/or password, if any, we will assume that all instructions and information entered using your username and password is yours and has been authorized by you, and we will have no obligation to inquire about the instruction or responsibility or have any liability to you or to any other person for any claims regarding use of your username or password.

Additional terms or rules may be provided in connection with certain services or offers on our website or this Portal. Subject to applicable law, the additional terms or rules will apply to those services or offers as well as these Terms, although if any terms conflict, these Terms will prevail.

Other Restrictions

You agree not to use the Portal for any purpose that is unlawful or prohibited by these Terms, including attempting to or actually: (i) undertaking or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any local, state, Federal, or international law or regulation; (ii) interfering with the operation or integrity of our website or Portal or circumventing any website or Portal security; (iii) imposing an unreasonable load on our website or Portal's infrastructure or infecting either with viruses, worms, or other malicious elements; (iv) accessing any restricted areas without appropriate authorization; (v) collecting data about other users or harvesting data from our website or Portal to populate databases or for any purpose; (vi) providing false or misleading information; or (vii) uploading any unlawful, threatening, misleading or false information or material that infringes any intellectual property or other right or that constitutes unsolicited advertising or other forms of solicitation such as “spam,” "junk mail," or "pyramid schemes."

Links, Frames and Metatags

You may not frame the content of our website or Portal on any other website unless you first obtain our prior written consent in each case. You may not use metatags or any other "hidden text" that incorporates Our Trademarks, or words confusingly similar to Our Trademarks, without our prior written consent.

Third-Party Sites

The Portal may include links to websites controlled and maintained by third parties ("Third-Party Sites"). For instance, when you go to Guidestar to get your NTEE classification, you will be taken to a Third-Party Site.

The Trust is not responsible for Third-Party Sites and providing a link to a Third-Party Site or the ability to share content does not mean The Trust endorses any Third-Party Site’s content, activities, policies or practices. Any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Sites terms of use and privacy statements, which you should review carefully. You hereby release The Trust from any claim of any nature, known or unknown, that you may ever have arising from your use of any Third-Party Site, and you waive all rights and benefits under California Civil Code Section 1542 (which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor) and benefits under similar laws in other states.

Disclaimers

OUR PORTAL, SERVICES, AND CONTENT ARE OFFERED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OUR PORTAL, SERVICES, AND CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US), AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY SERVICES OR CONTENT AVAILABLE THROUGH OUR PORTAL (OR THROUGH LINKS TO THIRD-PARTY SITES), INCLUDING THAT OUR PORTAL, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OTHER ISSUES CONCERNING OUR PORTAL, SERVICES, AND CONTENT. IF YOU RELY ON OUR PORTAL, SERVICES OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS TO OUR PORTAL, WE DO NOT WARRANT THAT OUR PORTAL, SERVICES OR CONTENT WILL BE FREE FROM SUCH ELEMENTS AND THE TRUST IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.

YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR CREATING, UPDATING, AND STORING ANY NECESSARY BACKUP AND ARCHIVAL COPIES OF DATA AND ACCOUNT INFORMATION AS MAY BE NEEDED IN CASE OF ANY COMPUTER NETWORK OR OTHER SYSTEM FAILURE.

Limitation of Liability

THE TRUST AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY, OR INJURY ARISING FROM YOUR USE OF OUR PORTAL, SERVICES, OR CONTENT OR FROM YOUR BREACH OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL THE TRUST OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST ASSETS, REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OUR PORTAL, SERVICES, OR CONTENT 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 DIRECT OR OTHER DAMAGES OF ANY NATURE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITE IS $US 100. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

No Investment, Tax, or Legal Advice

Information and material available through our website or Portal is solely for convenience and educational and informational purposes. It does not constitute investment, financial, tax, accounting, or legal advice and should not be relied upon in that respect. We suggest that you consult an attorney, accountant and/or financial advisor to answer any financial or legal questions.

Indemnification

You agree to indemnify and hold The Trust and its directors, officers, employees, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys' fees) that any of the indemnified parties may incur arising out of or related to your use of our Portal, services or content or your violation of these Terms. The Trust reserves 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 all cooperation we reasonably request.

Termination

We reserve the right to terminate these Terms, our Portal, and any services or content offered through our Website or Portal at any time without notice for any reason. The "Disclaimers," "Limitation of Liability," "Indemnification," and "General" sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination.

General

These Terms, which include the Privacy Statement, are the complete agreement between you and The Trust regarding your use of our Portal, supersede all other agreements (oral or written) between you and The Trust, except that if you sign a donor agreement or grant agreement then these Terms will supplement that agreement. These Terms are governed by and should be construed according to the laws of the State of New York applicable to agreements made and performed in New York, unless doing so would lead to the application of the laws of another jurisdiction. If you choose to access our Portal from jurisdictions other than the United States, you do so at your own risk, and you are responsible for complying with any applicable local laws. You irrevocably agree: (A) to bring any claim or dispute relating to your use of our Portal and these Terms exclusively in the state and federal courts located in the State and County of New York; (B) to submit to the exclusive jurisdiction of those courts; and (C) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without The Trust’s prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. The failure of a party to assert any right under these Terms will not be considered a waiver of that party’s right unless the waiver is in writing. The term “including” in these Terms is intended to be illustrative and means “including without limitation.”

Questions

Please contact us at maillist@thenytrust.org or at, The New York Community Trust, 909 Third Avenue, New York, NY 10022, attn: Office of the General Counsel with any questions you may have about these Terms.