Website Terms and Conditions of Use

OVERVIEW

Welcome to the DEI Toolkit website (the “Site”). The following, along with the Privacy Policy and Terms of Sale are terms of a legal agreement between you and Charities Review Council (collectively the “Terms”). By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use the Site.

The Site is currently in Beta testing. The purpose of the Beta testing is to locate and correct any errors in the website functionality. We cannot make any warranties or guarantees about the functionality of the Site during Beta testing. You use the Site at your own risk during Beta testing. If you are not comfortable with acting as a Beta tester, please do not use the Site. Should you encounter any errors during Beta testing, please let us know by contacting us at 651-224-7030 or toolkit@smartgivers.org. Your assistance is appreciated.

The material provided on the Site is protected by law, including, but not limited to, United States Copyright law and international treaties. Charities Review Council makes no representations as to the appropriateness of the materials for access from other locations. Access to these materials from territories where their contents are illegal is prohibited; if you choose to access these materials from such a territory, you are responsible for compliance with local laws and regulations.

Charities Review Council may at any time revise these Terms of Use, the Terms, and any other information contained in the Site by updating this posting or other Terms. If Charities Review Council makes such revisions, you will be notified as follows: 1) if you are an administrator or a project manager, by email, or 2) if you are a survey taker, via a notation next to the link to the Terms of Use stating that the Terms of Use are new. In addition, a notice of the last date of revision will always appear at the bottom of these Terms of Use. Your continued use of the Site constitutes your consent to any updates to the Terms.

PERMISSIBLE USE

The Site and all content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without Charities Review Council’s prior written consent, except that Charities Review Council grants you a non-exclusive, non-transferable, limited and revocable permission to access and display the Web pages within the Site, for your work-related use of the Site. To the extent necessary, additional copies may be made for the purpose of accommodating a disability, such as audio copies of the Site made by reader software. These permissions are conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Site.

You may not use the Site in a manner that violates any local, state, national, foreign or international statute. You may not interfere with the functioning of the Site or with other users’ use of the Site in any way, including but not limited to modification of the Site; attempting to gain access to unauthorized portions of the Site; enabling high volume, automated, electronic processes that apply to the Site or its systems, the content of the Site or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems or networks connected to the Site, whether through hacking, password mining, or any other means. You may not use the Charities Review Council name, trademarks, services marks or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate or otherwise use data extracted from the Site.

The Site is not meant for use by children under the age of 13. If you are a child under the age of 13, please do not use the Site. Furthermore, the Site does not knowingly solicit or collect information about children under the age of 13. Should Charities Review Council learn that it has inadvertently collected information about a child under the age of 13, it will delete that information as soon as possible. If you are the parent or guardian of a child under the age of 13 and you believe Charities Review Council has inadvertently collected information about that child through the Site, please contact us at 651-224-7030 and we will delete that information.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in this section, Charities Review Council does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

DISCLAIMERS REGARDING CONTENT

Charities Review Council makes efforts to keep the information on the Site up-to-date; nevertheless, information on the Site is not promised or guaranteed to be correct, current, or complete, and the Site may contain inaccuracies or typographical errors. Charities Review Council assumes no responsibility (and expressly disclaims responsibility) for updating the Site to keep information current or to ensure the accuracy or completeness of any posted information. If you believe any information on the Site is inaccurate or incomplete, please let Charities Review Council know by calling 651-224-7030 or emailing toolkit@smartgivers.org.

Charities Review Council provides no assurances that any reported problems will be resolved, even if Charities Review Council elects to provide information with the goal of addressing a problem.

CONFIDENTIAL INFORMATION AND SUBMISSIONS

The Site’s collection of personally identifiable information and survey data is described in the Privacy Policy. The Site does not collect other types of confidential information from you, except to the extent that you submit it via email or other means (a “Submission”). Charities Review Council welcomes your feedback but does not want to receive confidential or proprietary information from you through the Site, e-mail or other means. Therefore, any Submission sent to Charities Review Council will be deemed NOT to be confidential. By sending Charities Review Council any Submission, you grant Charities Review Council an unrestricted, irrevocable and fully paid-up license to use, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, that Submission. You also agree that Charities Review Council is free to use any ideas, concepts, know-how, or techniques in any Submission that you send us for any purpose, without compensation of any sort. However, we will not release your name or otherwise publicize the fact that you submitted a Submission to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the Submission you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

OUTSIDE WEBSITES

The Site may provide links or references to other websites and resources. Charities Review Council does not own or control these third-party websites, and these Terms of Use do not apply to them. Charities Review Council makes no representations, warranties, or other commitments whatsoever about any third-party websites resources that may be referenced, accessible from, or linked to the Site. A link to a third-party website does not mean that Charities Review Council endorses the content or use of such website or its owner. In addition, Charities Review Council is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Site. Accordingly, you acknowledge and agree that Charities Review Council is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a third party website, even one that may contain the Charities Review Council name or logo, please understand that it is independent from Charities Review Council, and that Charities Review Council does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

INTELLECTUAL PROPERTY

All materials featured on the Site are produced, distributed and owned by Charities Review Council. The materials published on this Site are the intellectual property of Charities Review Council. You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or developed in the future. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Charities Review Council intellectual property, in whole or in part.

The Diversity, Equity & Inclusion Toolkit, the Accountability Wizard and the Accountability Standards and the Charities Review Council name are trademarks of Charities Review Council. These, along with any other trademarks, service marks and logos used and displayed on the Site are registered and unregistered trademarks of Charities Review Council. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of Charities Review Council. Fair use of Charities Review Council’s trademarks requires proper acknowledgment. Other product and company names mentioned in the Site, if any, may be the trademarks of their respective owners.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CHARITIES REVIEW COUNCIL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, CHARITIES REVIEW COUNCIL MAKES NO WARRANTY OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT IF YOU USE THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL CHARITIES REVIEW COUNCIL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SITE OR ANY USE OF THE SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CHARITIES REVIEW COUNCIL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

DISPUTES

You agree that these Terms of Use and your use of the Site are governed by the laws of the State of Minnesota, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Minneapolis, Minnesota, in all disputes arising out of, relating to, or concerning the Site and/or these Terms of Use. Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Charities Review Council has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that materials on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements, and you agree not to access the Site in any such jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

Last revised: March 20, 2017.