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Terms and Conditions

School Funding Services (SFS), a unit of New American Schools (“NAS”) maintains this Web Site (the “Web Site”) in an attempt to provide you with information on potential funding sources related to school improvement programs. This website also includes services to help you access those funds.

Acceptance
SFS offers this Web Site to you, the “User”, conditioned on your acceptance, without modification, of the terms and conditions contained in this agreement (the “Terms”). By accessing the Web Site, you indicate your acknowledgment and acceptance of these Terms. Please read them carefully. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEB SITE. SFS may modify the Web Site or change the terms and conditions of the Terms from time to time with or without notice to you. You agree to review the Terms periodically to ensure that you are aware of any modifications. Your continued access or use of the Web Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms. Furthermore, SFS reserves the right to discontinue, temporarily or permanently, the Web Site for any reason, at its sole discretion, with or without notice to you.

You agree that in the event you breach any of these Terms, SFS may terminate any or all of your accounts or privileges that you have established with respect to the Web Site.

Disclaimers
Use of this Web Site and the services associated with it do not qualify you to receive any educational grant. NAS is not an institution that provides educational grants and does not make any decisions with respect to your eligibility to receive any grant. SFS does not guarantee that you will obtain any educational grant, and eligibility for, and receipt of any grant will be determined by the entity providing the grant or another designated entity (i.e. U.S. Department of Education, The Ford Foundation etc.) Such entity(ies) are solely responsible for the services it may provide to you, and you agree that SFS shall not be liable for any damages of any type arising out of or in any way connected with your use of such services.

On this Web Site, you will find content, functions, information, and tools, including that which is provided by third parties and are not the property of SFS. While we strive to keep both SFS and the third-party-provided information current and accurate, we cannot guarantee and expressly do not warrant that the content, functions, information and tools are error-free or that your access will be uninterrupted or that material accessible from this Web Site is free of viruses.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND CONTENT AND INFORMATION AVAILABLE ON THE WEB SITE IS AT YOUR OWN RISK AND IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SFS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SFS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NAS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE USED IN THE SERVICE WILL BE CORRECTED. SFS DISCLAIMS ANY WARRANTY THAT THE WEB SITE (OR ANY INFORMATION OR SOFTWARE CONTAINED THEREIN) IS FREE OF WORMS, VIRUSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SFS MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
IN NO EVENT WILL THE MAXIMUM COLLECTIVE LIABILITY OF SFS (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR LOSSES OR DAMAGES EXCEED THE AMOUNTS PAID BY YOU TO ACCESS THE SERVICE.

IN NO EVENT SHALL SFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF OR RELATING TO USE OF THE WEB SITE ARE HEREBY EXCLUDED EVEN IF SFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Copyright Notice
THE CONTENTS OF THE WEB SITE, INCLUDING ITS “LOOK AND FEEL” (INCLUDING, BUT NOT LIMITED TO, THE TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE, HTML-CODE, AND OTHER MATERIAL ARE PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, PATENT, TRADEMARK, AND OTHER LAWS. Except as expressly provided in these Terms, you may not copy, display, distribute, download, license, modify, publish, perform, reproduce, reuse, sell, transmit, create derivative works from, transfer, sell or otherwise use for public or commercial purposes the contents of the Web Site without the prior written permission of SFS. Violation of this provision may result in severe civil or criminal penalties. No claim of copyright is made as to original governmental works.

You may make single copies of the materials provided on the Web Site for your own personal and noncommercial use, provided that any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others under any circumstances without the prior written permission of SFS, whether or not such distribution is for a charge or any other consideration.

Links to Other Web Sites
At certain places on the Web Site, live “links” to other Internet addresses can be accessed (“Linked Sites”). Such Linked Sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of SFS. SFS does not endorse, approve, certify or control any Linked Sites, and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information that they contain, nor does SFS endorse, approve, certify or control any of the services provided by the entities which host those Linked Sites. Use of any Linked Site or of any of the services provided by the entities which host such sites should only be undertaken after an independent review by you of the accuracy, completeness, efficacy and timeliness of the information contained therein. In addition, it is your responsibility to take precautions to ensure that material selected from such Linked Sites is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. SFS is not responsible for, and expressly disclaims all liability for, (i) the contents of any Linked Site, (ii) damages of any kind arising out of the use of such Linked Sites, or (iii) reference to or reliance on information contained therein.

Grant Writers
Among the Linked Sites may be links to the Internet addresses of grant writing organizations (“Grant Writers”). SFS may also put you directly in touch with a Grant Writer. SFS receives certain fees from these Grant Writers. Your use of this Web Site constitutes your agreement with that fee arrangement. Grant Writers fees are not covered within the cost of the SFS subscription. SFS does not endorse or recommend the products or services of any Grant Writer. SFS does not control any Grant Writer and the terms and conditions of any arrangement that you may enter into with any Grant Writer, if any, will be determined solely by you and such Grant Writer. Nothing herein shall constitute an offer or a guarantee that any Grant Writer will provide services to you, or that the services provided by such Grant Writer will be accurate, complete or timely. SFS is not responsible for, and expressly disclaims all liability for damages of any kind arising out of the use of any services provided by any Grant Writer.

Your Obligations
When you access the Web Site or, you agree to provide current, complete, and accurate information about yourself as requested by SFS. If any information you provide is untrue, inaccurate, not current or incomplete, NAS has the right to terminate your access and decline to provide any and all future use of the Web Site. SFS may use the information you provide for various purposes. Please see our Privacy Policy which is incorporated by reference into these Terms, for the details of our commitment.

You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or account. You agree to immediately notify SFS of any unauthorized use of your account or any other breach of security known to you.

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any transaction being conducted on our Web Site.

You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Web Site. Our Web Site is available only to parties who are permitted to use it under applicable law. If you do not qualify, please do not use our Web Site. You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Web Site in accordance with these Terms. You agree to be solely responsible for your actions and the contents of your transmissions through the Web Site. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.

As a condition of use of the Web Site, you agree to indemnify, defend and hold harmless SFS (including without limitation its directors, officers, employees, affiliates and agents) from and against any and all liabilities, expenses, damages and costs (including attorneys’ fees) arising out of claims resulting from (i) your use of this Web Site and (ii) any information you provide on this Web Site or (iii) any other person accessing the Web Site using your name and password.

Dispute Resolution
This disclosure shall be governed in all respects by the substantive laws of the Commonwealth of Virginia, without regard to its provisions relating to conflict of laws. Any claim or controversy arising out of or relating to the use of this Web Site, to the services provided by SFS, or to any acts or omissions for which you may contend that SFS is liable, including but not limited to any claim or controversy as to the arbitrability of such dispute shall be finally and exclusively settled by arbitration. Any such arbitration shall be in accordance with the Virginia Arbitration Act, VA. Stat. 8.01-581.01 et. seq., before a single arbitrator, who shall be chosen by mutual agreement of the parties. The arbitrator shall be an attorney, or a retired judge, and must be a resident of, or have an office in Northern Virginia. The arbitration shall take place in the County of Arlington. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

Miscellaneous
The provisions of these Terms apply for the benefit of SFS and its officers, directors, employees, affiliates and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

The failure of SFS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator to be invalid, the parties nevertheless agree that the arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You may not assign your rights and obligations under these Terms, including by operation of law, without the prior written consent of SFS.

Direct all questions or comments to the Contact Us area of this Web Site.

 
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