Last Updated: May 8, 2018
Welcome to our website (“Site”) 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 Site. These terms of use (“Terms,”), which include our Privacy Statement, governs your use of our Site. By using our Site, you agree to these Terms. We may modify these Terms at any time by posting a revised version on our Site 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 our Site after modified Terms have been posted indicates your consent to the Terms.
You may use our Site for different purposes, such as visiting our donor portal (“Donor Portal”) to access and manage your fund, visiting our grantee portal (“Grantee Portal”) to apply for and manage grants, or accessing our grant newsletters, professional tax and estate planning notes, annual reports, and other information to learn about charitable giving generally and supporting The Trust in particular.
Copyright
Material on our Site is protected by copyright. Except as expressly indicated otherwise in these Terms or on our Site, you may download articles, podcasts, and other information posted on our Site (“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. If you are a professional advisor, you may download multiple copies of materials that are presented as downloadable solely for your research and reference (but not for redistribution for any commercial purpose or any at a charge) as long as you do not alter the Site Content or remove any trademark, copyright or other notices. 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 aw@nyct-cfi.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 Site. You may sign up to receive newsletters and educational information and to attend events and participate in other activities. To obtain access to features on password protected areas of our Site, such as the Donor Portal or Grantee Portal, you will need to register on our Site and, where required, to sign applicable forms. If you sign up or register on behalf of an organization, you warrant that you have authority from the organization to bind the organization to our Terms and Privacy Statement.
Our Site is intended to: (i) provide the public with information regarding charitable giving; (ii) allow donors to access their donor-advised and other funds, make contributions, and make grant suggestions; and (iii) allow nonprofit organizations to submit proposals seeking grants and manage the grant process.
You are responsible for all activity under your profile in our Donor Portal. You must keep your username and password confidential, and may not give another person access to your fund. You must notify us immediately if you become aware that anyone has obtained or attempted to obtain unauthorized access to your fund. You represent and warrant that all information you provide on our Site is accurate and complete. We reserve the right, in our sole discretion, to suspend or terminate access to our Site 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 Site 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 password, 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 Site. 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 our Site 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 the Site or circumventing any Site security; (iii) imposing an unreasonable load on the Site’s infrastructure or infecting the Site with viruses, worms, or other malicious elements; (iv) accessing any restricted areas of the Site without appropriate authorization; (v) collecting data about other users or harvesting data from the Site 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 Site on any other web site 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
Our Site may include links to web sites controlled and maintained by third parties (“Third-Party Sites”). For instance, when you wish to listen to a podcast, make a donation, or sign an online grant agreement, you will be taken to a Third-Party Site.
You may also link to The Trust’s social networking sites accounts for additional news. 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 SITE, 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 SITE, 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 SITE (OR THROUGH LINKS TO THIRD-PARTY SITES), INCLUDING THAT OUR SITE, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OTHER ISSUES CONCERNING OUR SITE, SERVICES, AND CONTENT. IF YOU RELY ON OUR SITE, 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 SITE, WE DO NOT WARRANT THAT OUR SITE, 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 SITE, 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 REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE, 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 Site 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 Site, 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 Site, and any services or content offered through our Site 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 Site, 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 Site 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 Site 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 info@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.