Terms and Conditions
BACK TO BUSINESS GRANTS PROGRAM
Last Updated Date: May 8, 2023
Thank you for applying with the Association for Enterprise Opportunity (“Organization”, “we” or “us”) for a grant from its “Fiserv Back to Business” Program (the “Grant Program”).
PLEASE READ THESE GRANT PROGRAM TERMS (“GRANT TERMS” or “TERMS”) CAREFULLY. THESE GRANT TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND ORGANIZATION AND GOVERN YOUR APPLICATION TO AND PARTICIPATION IN THE GRANT PROGRAM, INCLUDING, AND WITHOUT LIMITATION, THROUGH ORGANIZATION’S WEBSITE (COLLECTIVELY, THE “SERVICES”). BY SIGNING THESE TERMS, SUBMITTING AN APPLICATION FOR THE GRANT PROGRAM, AND/OR ACCEPTING A GRANT (each event shall individually be deemed an “Acceptance” of the Terms), YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE GRANT TERMS AND BY ALL THE DECISIONS OF THE ORGANIZATION AND THE AWARD OF GRANTS MADE BY THE ORGANIZATION, WHICH SHALL BE FINAL IN ALL RESPECTS; (2) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (3) YOU ARE NOT A CURRENT GOVERNMENT OFFICIAL OR A FAMILY MEMBER OF A GOVERNMENT OFFICIAL; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE GRANT TERMS PERSONALLY OR AS A “REPRESENTATIVE” OF THE SMALL BUSINESS ENTITY FOR WHICH YOU ARE SUBMITTING AN APPLICATION, AND LEGALLY BIND THAT ENTITY (AND BE BOUND) TO COMPLY WITH THESE GRANT TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THESE GRANT TERMS, YOU MAY NOT SUBMIT AN APPLICATION, ACCESS OR USE THIS WEBSITE OR THE SERVICES, OR OTHERWISE PARTICIPATE IN THE GRANT PROGRAM.
PLEASE BE AWARE THAT SECTION 11 OF THESE GRANT TERMS BELOW CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE GRANT TERMS. IN PARTICULAR, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST THE GRANT PROGRAM ORGANIZATIONS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY THE ORGANIZATION IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Organization will make a new copy of the Grant Terms available on the Organization’s Website (the “Website”) and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of the Grant Terms. The Organization may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), the Organization may, at their sole discretion, require you to stop using the Services. Otherwise, your continued use of the Services or participation in the Grant Program constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS. THE GRANT PROGRAM IS SUBJECT TO ALL APPLICABLE LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED.
- Organization Services.
1.1 Generally. The Services allow eligible small businesses (“Applicants” or “you”) to apply to the Grant Program. During the application process, Organization will ask Applicants questions to determine their eligibility for the Grant Program.
1.2 Eligibility. The Grant Program is only open to Black- or minority-owned small businesses in the United States. To be eligible for the Grant Program, Applicants must successfully pass a background check and be a Representative of a business that: (a) has between one (1) and ten (10) employees including the owner; (b) has a for profit business established on or before January 1, 2022; (c) can promptly provide all documentation requested by Organization to show proof of business status; (d) is not owned by (in whole or in party by) and does not employ any individuals who are an employee, contractor or personnel of the Organization or of Fiserv, Inc. or any of its parents, subsidiaries, or affiliates (collectively, “Fiserv”) or a family member of same; (e) has average annual revenues less than $1 million; (f) is located in a designated area for the grant; (g) is not engaged in business in any restricted industries as determined by the Organization; and (h) has not been an awardee of a Fiserv Back to Business Grant in the last three years (collectively, the “Eligibility Requirements”). The Organization may update the Eligibility Requirements at any time, at its sole discretion. For purposes of this Grant Program, the term “family members” is defined as any spouse, domestic partner, parent, legal guardian, child, sibling, grandparent, grandchild, in-law, or any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
1.3 No Guarantees for Applicants. USE OF OUR SERVICES DOES NOT GUARANTEE THAT AN APPLICANT WILL QUALIFY TO PARTICIPATE IN THE GRANT PROGRAM AND RECEIVE A GRANT, AND/OR THAT AN APPLICANT WILL BE APPROVED FOR A GRANT IN A CERTAIN AMOUNT. A DETERMINATION OF ELIGIBILITY DOES NOT AUTOMATICALLY RESULT IN APPROVAL FOR A GRANT AND NOT ALL ELIGIBLE APPLICANTS MAY RECEIVE GRANTS. IN ORDER TO DETERMINE IF YOU MEET THE ELIGIBILITY REQUIREMENTS, THE ORGANIZATION WILL ASK YOU FOR CERTAIN INFORMATION, INCLUDING AMONG OTHER INFORMATION, HISTORICAL AND FINANCIAL INFORMATION WHICH WE MAY SHARE WITH FISERV, THE DONOR WHO PROVIDED THE FUNDING FOR THE GRANT PROGRAM, AND/OR THIRD PARTIES. BY SUBMITTING RESPONSES TO SUCH INFORMATION, YOU CONSENT TO SUCH SHARING AND ACKNOWLEDGE AND AGREE THAT WE MAY PERFORM, AND/OR USE SUCH INFORMATION TO, AMONG OTHER PURPOSES, TO HAVE ONE OR MORE THIRD PARTIES PERFORM A BACKGROUND CHECK, AND THAT APPLICANT’S BACKGROUND CHECK MAY BE USED TO VERIFY ELIGIBILITY TO PARTICIPATE IN THE GRANT PROGRAM AND TO CONFIRM YOUR IDENTITY TO AVOID FRAUDULENT TRANSACTIONS IN YOUR NAME.
1.4 Application Data. In completing and submitting an application to participate in the Grant Program, Applicant agrees to: (a) provide true, accurate, current and complete information about the Applicant as prompted by the Organization; and (b) maintain and promptly update any such data or information, as necessary, to keep it true, accurate, current and complete. If any information Applicant provides is untrue, inaccurate, not current or incomplete, we have the right to terminate your application for the Grant Program and/or your access to the Services, and may withhold any awarded funds. In addition, in such an event, Applicant agrees to return to Organization any previously awarded funds. When you submit an application for the Grant Program, you agree to cooperate in the application process, including, without limitation, by submitting all required documentation in a timely manner, and, if needed, to obtain information we may need from third parties. As the Applicant, you acknowledge and agree that our ability to facilitate the processing of the grant and participation in the Grant Program depends on such cooperation.
1.5 Sharing of Information. In order to facilitate the Grant Program, Applicant authorizes and directs Organization to disclose, exchange, and otherwise provide to Fiserv, and/or other third parties any and all information provided by you or collected by us or on our behalf for the purpose of administering, evaluating your ability to qualify for, judging your application for, and/or otherwise carrying out any aspect of the Grant Program. Please contact us as set forth in Section 11.6 below if you would like more details regarding our use of this information.
1.6 Agreement to Additional Terms. If you are approved to participate in the Grant Program, you may be required to enter into additional agreements or supplementary terms as a condition of your participation in the Grant Program.
1.7 Grant Awards. After the application window has closed, the Organization will review properly submitted applications and grant awards to qualifying eligible businesses. Decisions to make awards, including the amount and terms thereof, will be made by the Organization in its sole discretion based on their assessment of impact and need. Applicant understands that all determinations of whether Applicant meets the Eligibility Requirements, and all decisions regarding applications, awards, and award amounts are final, and are not subject to any appeal or contest. Applicant agrees to accept the decision of the Organization and agrees that the Organization is not obligated to give any information related to its decision on whether Applicant qualifies and can participate in the Grant Program, nor the decision on how much money or services to grant.
1.8 Use of Grant Funds. Applicant represents and warrants that it will not use funds awarded it from the Grant Program for the purpose of furthering any business activity that:
i. Violates any law, statute, ordinance, or regulation.
ii. Relates to transactions involving (a) narcotics, steroids, certain controlled substances, or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate, or instruct others to engage in illegal activity, (e) stolen goods, including digital and virtual goods, (f) the promotion of hate, violence, racial, or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity, or privacy, or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
iii. Relates to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes, or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking, or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions, or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.
iv. Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
v. Would otherwise violate the terms and conditions of Applicant’s contractual obligations to any third party.
1.9 Taxes. To the fullest extent allowable under applicable law, all taxes (including, without limitation, national, federal, state, provincial, territorial, prefectural, and/or local taxes, as well as any interest, penalties and additions to tax), as well as any expenses arising from acceptance or use of the grant award and not specified in the Terms as being provided as part of the Grant Program, are your sole responsibility. Prior to receiving any Grant award, you will provide to the Organization a properly completed Internal Revenue Service (“IRS”) Form W-9 or appropriate IRS Form W-8, as applicable. The Organization will be entitled to deduct and withhold from any funds granted pursuant to the Grant Program such amounts as are required to be deducted and withheld under law with respect to the making of such payment. To the extent that amounts are so withheld, such withheld amounts shall be treated as having been paid to the person in respect of whom such deduction and withholding was made. Regardless of any action any party takes with respect to any applicable national, local, or other taxes or social contributions, withholdings, required deductions, or other payments, if any, that arise upon the payment of the grant (“Tax-Related Items”), you acknowledge and agree that the ultimate liability for all Tax-Related Items legally due by you is and remains your responsibility and may exceed the amount (if any) actually withheld by the Organization. You agree to make adequate provision for (and indemnify the Organization and each of their respective subsidiaries and affiliates for) any Tax-Related Items. You further acknowledge and agree that you are solely responsible for filing all relevant documentation that may be required in relation to the grant, or any Tax-Related Items, other than filings or documentation that are the specific obligation of the Organization pursuant to applicable laws, such as, but not limited to, corporate income tax returns or reporting statements in relation to the grant. You further acknowledge that the Organization: (a) makes no representations or undertakings regarding the treatment of any Tax-Related Items in connection with any aspect of the grant; and (b) does not commit to and is under no obligation to structure the terms of the grant to reduce or eliminate your liability for Tax-Related Items, or achieve any particular tax result. Further, if you become subject to Tax-Related Items in more than one jurisdiction, you acknowledge and agree that the Organization may be required to withhold or account for Tax-Related Items in more than one jurisdiction.
2.1 Registering Your Survey Account. In order to access certain features of the Services you may be required to create an account on Survey Monkey or another third-party website (“Third Party Account”). You acknowledge that (1) your use of a Third Party Account may be subject to separate terms between you and such third party, and (2) the Organization is not responsible for any of your activities on your Third Party Account.
3.1 Services. Except with respect to the information or data you submit through the Services (collectively, “Your Data”), you agree that Organization owns all rights, title, and interest in the Services. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in the accompanying Services.
3.2 License to Your Data. You grant the Organization and Fiserv a worldwide, royalty-free, non-exclusive, and fully sub-licensable right and license to use, distribute, and reproduce Your Data (in whole or in part) for the purposes of administering, evaluating your ability to qualify for, judging your application for, carrying out any aspect of the Grant Program, and/or otherwise operating and providing the Services. You agree that you, not the Organization or Fiserv, are responsible for all of Your Data that you make available on or in the application or related in any way to the Grant Program or Services. You represent and warrant to the Organization and Fiserv that you have the full power and authority to grant the above license.
3.3 Publicity Rights. The Organization and Fiserv may develop promotional and marketing materials regarding Applicant’s participation in the Grant Program or the Services provided hereunder. The Organization and Fiserv may use Applicant’s name and its trademark as a reference both publicly and privately, without limitations, in the Organization’s and Fiserv’s marketing and promotional materials, including, but not limited to, press releases, newsletter articles, web site references, and e-mail. Applicant shall not use the Organization’s or Fiserv’s name, trademark, logo, or any other commercial indicia of Organization or Fiserv, or any variation thereon or adaptions thereof, for any purpose without the prior written approval of Organization and Fiserv.
- User Conduct. You agree that you will not, under any circumstances:
(a) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(b) Attempt to access or use another user’s Third Party Account without authorization;
(c) Create or use a false identity;
(d) Violate any applicable local, state, national or international law or regulation, or any order of a court;
(e) Make available any data, information, or content that infringes the rights of any person or entity; or
(f) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You agree to defend, indemnify, and hold the Organization and Fiserv, and each of their respective parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, partners and licensors (collectively, the “Program Party(ies)” or “Indemnified Party(ies)”) harmless from and against any and all claims, actions, suits, or proceedings, and shall pay all resulting losses, costs, liabilities, damages, settlement amounts, and expenses (including reasonable attorneys’ fees) incurred by any Indemnified Party relating to or arising out of (a) your application for or participation in the Grant Program, including, without limitation: (i) Your Data or any inaccuracies therein, (ii) your violation of the Terms, (iii) your violation of any rights of another party, or (iv) your violation of any applicable laws, rules or regulations; (b) your breach of any of the representations, warranties, obligations, or covenants found in these Terms; and (c) personal injury, death, or damage to real or tangible property arising from any act or omission of Applicant.. The Indemnified Parties reserve the right, at your cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the applicable Indemnified Party in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Third Party Account, the Terms, or your access to Services.
- Disclaimer of Warranties and Conditions.
6.1 As-Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO ITS USE OR ENJOYMENT.
(a) THE ORGANIZATION AND FISERV MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ORGANIZATION, FISERV, OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
6.2 No Liability For Conduct Of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE INDEMNIFIED PARTIES LIABLE, FOR THE CONDUCT OR INFORMATION OF THIRD PARTIES. WE ARE NOT LIABLE FOR THE ACCURACY OR QUALITY OF ANY THIRD-PARTY SERVICES OR INFORMATION.
- LIMITATION OF LIABILITY.
7.1 DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF OR IN CONNECTION WITH THE TERMS, THE SERVICES, OR THE GRANT PROGRAM, AND EVEN IF APPLICANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 CAP ON LIABILITY. EACH OF THE INDEMNIFIED PARTIES’ AGGREGATE LIAIBLITY TO THE APPLICANT OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE TERMS, THE SERVICES, AND/OR THE GRANT PROGRAM SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00).
7.3 BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE ORGANIZATION AND FISERV AND YOU.
7.4 LIMITATIONS PERIOD. APPLICANT MAY NOT ASSERT ANY CLAIM AGAINST THE ORGANIZATION OR FISERV RELATED TO THE TERMS, THE SERVICES, OR THE GRANT PROGRAM MORE THAN TWO (2) YEARS AFTER SUCH CLAIM ACCRUED.
THE APPLICANT HEREBY WAIVES, RELEASES, COVENANTS NOT TO SUE, AND DISCHARGES THE ORGANIZATION AND FISERV AND THEIR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THE EMPLOYEES, REPRESENTATIVES, AGENTS, DIRECTORS, OFFICERS, SUCCESSORS AND ASSIGNS OF ALL OF THE FOREGOING (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) OF ANY KIND (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR RELATED TO THE GRANT PROGRAM OR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INTERACTIONS WITH OR CONDUCT OF OTHER USERS OR THIRD-PARTY WEBSITES OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF THE TERMS OR YOUR PARTICIPATION IN THE GRANT PROGRAM OR USE OF SERVICES. THE FOREGOING RELEASE, WAIVER, AND COVENANT NOT TO SUE, INCLUDES, BUT IS NOT LIMITED TO, CLAIMS ARISING UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, OR ANY OTHER THEORY. I HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, AND ANY ANALOGOUS PROVISION OF OTHER STATE LAWS, WHICH PROVIDES: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including, without limitation, personal injuries, death or property damage for any unconscionable commercial practice by a Released Party or for such Released Party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any Services provided hereunder.
9.1 Violations. If a Released Party becomes aware of any possible violations by you of the Terms, the Organization reserves the right to investigate such violations. If, as a result of the investigation, a Released Party believes that criminal activity has occurred, the Organization reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. The Organization is entitled, except to the extent prohibited by applicable law, to disclose any information or materials, including, without limitation, Your Data, in Organization’s possession in connection with your use of Services, to: (1) comply with applicable laws, legal process, or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Data violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property, or personal safety of the Organization, its users or the public, and all enforcement or other government officials, as the Organization in its sole discretion believes to be necessary or appropriate.
9.2 Breach. In the event that the Organization determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate with respect to the Services or the Grant Program, the Organization reserves the right to: (a) delete any of Your Data provided through the Services; (b) terminate your pending application(s) if you are an Applicant; (c) discontinue your access to any Services; and/or (d) pursue any other action which the Organization deems to be appropriate. Any Applicant who receives an award under the Grant Program agrees to return to the Organization any grant money awarded if Applicant breaches the Terms.
- Term and Termination.
10.1 Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect, unless terminated earlier in accordance with the Terms.
10.2 Prior Use. Notwithstanding the foregoing, if you used the Services prior to the date you accepted the Terms, you hereby acknowledge and agree that these Terms commenced on the date you first used the Services (whichever is earlier).
10.3 Termination of Services by You. The Terms will remain in full force and effect until your Third Party Account is terminated as provided herein, or you email the Organization at [email protected]. You may delete your Third Party Account at any time, for any reason by emailing [email protected].
10.4 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Data associated therewith from our live databases, but further understand that the termination of Services does not obligate Organization or Fiserv to delete, remove, or cease using Your Data. Organization and Fiserv will not have any liability whatsoever to you for any suspension or termination, including, without limitation, for deletion or nondeletion of Your Data. All provisions of the Terms, which by their nature should survive, shall survive termination of Services, including, without limitation, ownership provisions, warranties, warranty disclaimers, indemnity obligations, and limitations of liability.
10.5 No Subsequent Registration. If your registration(s) with or ability to access Services, or any other Organization community is discontinued by Organization due to your violation of any portion of the Terms, then you agree that you shall not attempt to re-register with or access Services or any Organization community through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Organization reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
- General Provisions.
11.1 Dispute Resolution. The Terms, Grant Program, Services and any dispute arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed by the laws of the State of New York, USA, without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of the laws of any other jurisdiction. Except where prohibited by law, any and all disputes, claims, and causes of action between an Applicant and the Organization and/or Fiserv arising out of or connected with the Terms, Grant Program or Services must be resolved individually, without resort to any form of class action. The prevailing party in any action to enforce the Terms will be entitled to recover its costs and expenses, including reasonable attorneys’ fees.
11.2 Electronic Communications. The communications between you and Organization may use electronic means, whether you visit the Services or send emails to Organization, or whether Organization posts notices on Services or communicates with you via e-mail or text message. Message and data rates may apply for each text message sent or received. Your mobile telephone provider may not carry the services necessary to communicate with the Organization regarding this Program. Applicants should consult their wireless provider’s pricing plans prior to participation in this Program. For contractual purposes, you: (1) consent to receive communications from Organization in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Organization provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
11.3 Assignment. The Terms, and your rights, interests, benefits, and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Organization’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
11.4 No Interference. Applicant agrees to not damage or cause interruption of the Grant Program and/or prevent others from participating in the Grant Program. The Organization reserves the right to restrict or void participation from any IP address, email address or domain, device, or other designator or identifiable source if any fraudulent or harmful participation is suspected, as determined by the Organization in its sole discretion. The Organization further reserves the right to disqualify any Applicant who they believe has attempted to tamper with or impair the administration, security, fairness, or proper operation of the Grant Program. ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GRANT PROGRAM MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, THE ORGANIZATION MAY DISQUALIFY ANY PARTICIPANT OR APPLICANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
11.5 Force Majeure. Without limiting any other provision in the Terms, the Organization and Fiserv are not responsible or liable to any Applicant (or any person claiming through such Applicant) for delay or failure to perform its obligations hereunder in the event that any of the Organization’s or Fiserv’s operations or activities are affected by any cause or event beyond the sole and reasonable control of the Organization or Fiserv (as determined by such party in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi- governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
11.6 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services or Grant Program, please contact us at [email protected]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
11.7 Notice. Where Organization requires you to provide an e-mail address, you are responsible for providing Organization with your most current e-mail address. In the event that the last e-mail address you provided to Organization is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, Organization’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. Notice shall be deemed to have been duly given on the day the Organization transmits an e-mail to the Applicant.
11.8 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
11.9 Severability. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
11.10 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11.11 Discretion. To the extent the various provisions of these Terms, whether explicitly or implicitly, call for the Organization and/or Fiserv to exercise discretion in making a decision or granting approval or consent, the Organization and/or Fiserv shall have sole and complete discretion when making any decision or granting approval or consent.
11.12 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.