Partners for the Common Good, Inc. (“PCG”) owns this website (“Capnexus”) and makes the services of CapNexus available to you. These Terms of Use (“Terms of Use”) govern your use of CapNexus and outline your duties and responsibilities as a visitor to CapNexus without regard to whether you choose to register to use any CapNexus services. Please read these Terms of Use carefully before using CapNexus or any of the services provided through CapNexus.
Your Agreement to These Terms of Use
You agree to comply with and to be contractually bound by these Terms of Use and the Privacy Policy each time you: (i) visit CapNexus; (ii) use any services available through CapNexus; or (iii) submit any information through CapNexus or through the services provided through CapNexus. If you do not agree to these Terms of Use, you are not authorized to use CapNexus and you should stop using it.
Registration to Use Certain Services or Features
Before you can access and use certain services or features that are made available through CapNexus, you will be asked first to register. During the registration process, you will be asked to review and indicate your assent and agreement to a separate Registered User Agreement (“User Agreement”) that governs your use of the services or features. If you do not agree to the terms of the User Agreement, you will not be able to use the services or features to which the User Agreement relates. By registering as a user, you give PCG permission to list the name of your organization, logo, and website to one or more of CapNexus’ user directories.
Your Conduct and Use of CapNexus
Each time you visit or use CapNexus, you represent, warrant, and agree that your use will comply with all applicable laws, rules and regulations, as well as these Terms of Use. You also represent, warrant, and agree that you will not:
- Do anything that does or could disable, overburden or impair the proper functioning of CapNexus (including, but not limited to, creating or transmitting any virus, worm, bug, Trojan horse, or other malicious code);
- Use any robot, spider, scraper, or other automated means to access CapNexus;
- Send spam or any other unauthorized advertisements or solicitations through or using CapNexus;
- Harvest, solicit, intercept, collect, or use any names, addresses, phone numbers, email addresses, or other contact or personal information of other CapNexus users;
- Intimidate or harass any other CapNexus users;
- Do anything that is illegal, infringing, fraudulent, or malicious or that does or could expose PCG or any CapNexus users to harm or liability;
- Transmit any information to PCG, or use CapNexus to transmit any information to any person or entity, that: (i) is harassing, libelous, defamatory, threatening, abusive, harmful, pornographic, obscene, or otherwise unlawful or tortious; (ii) infringes on the intellectual property, privacy, publicity, or other rights of any person; or (iii) breaches any duty or obligation of confidentiality that you owe to anyone; or
- Attempt, encourage, facilitate, or assist in any of the above.
Information You Provide to PCG
You grant to PCG (and to any other person or entity that PCG may authorize) a perpetual, exclusive, irrevocable, royalty-free, worldwide license to use any comments, information (except for any person’s non-public personal information), ideas, methods, and processes that you submit to PCG or through CapNexus for any purpose whatsoever, without any notice, compensation, attribution, or acknowledgement to or of you. You acknowledge and agree that any such comments, information, ideas, methods, and processes are not and will not be treated as your property or your confidential information.
Monitoring of Use
You acknowledge and agree that your use of CapNexus may be monitored by Us or by service providers or vendors retained by Us for such purpose. We may use all of the information regarding your use of CapNexus for any and all purposes. Without limiting the foregoing, We may disclose such information to Our affiliates and to any third parties to the extent that We determine We are permitted to do so by any applicable laws, rules, or regulations or orders or in connection with the enforcement of Our rights or the defense against any claims asserted against Us.
Third Parties
PCG is not responsible for the content or practices of other websites or third parties. CapNexus may contain links, information, tools or other services, sponsored by third party service providers and sources. These links, information, tools and services are provided as a convenience only. PCG does not endorse and is not affiliated with such third parties or their services, unless CapNexus specifically states otherwise.
Copyrights
All content available through CapNexus is owned by or licensed to PCG, which, along with its licensors, own all copyrights in the content available through CapNexus. All content of CapNexus is copyrighted by PCG, except as otherwise indicated. CapNexus may display content in which affiliates of or service providers to PCG, or other third parties, have copyrights or other legal rights. In general, such affiliates, service providers or other third parties own the copyrights and other legal rights in such content.
You are permitted to view any of the content available through CapNexus for your own use, provided that you do not change or delete any proprietary notices from any such content. You may not use, copy, reproduce, republish, transmit, distribute, or modify any of the content available through this website in any way, including in advertising or in any other public distribution of materials on or from this website, without the prior written consent of PCG.
Trademarks
All trademarks, service marks, and trade names displayed on or through this website, including, without limitation, PCG and CapNexus, are owned by or licensed to PCG. This website may display trademarks, service marks, and trade names of affiliates of or service providers to PCG, or of other third parties. In general, such affiliates, service providers, or other third parties own those trademarks, service marks, and trade names.
Except as otherwise permitted in these Terms of Use or in the User Agreement, you are not permitted to use or display any of the trademarks, service marks, or trade names displayed on or through this website.
Warranty Disclaimers
CAPNEXUS AND ALL WEBSITE SERVICES, FEATURES, CONTENT, AND EVERY OTHER ASPECT OF THIS WEBSITE, INCLUDING ALL INFORMATION PROVIDED, OBTAINED, OR DERIVED FROM SUCH SERVICES, FEATURES, AND CONTENT, ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” AND WITH ALL FAULTS, AND YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, TIMELINESS, EFFORT, AND RESULTS OF OR FROM THIS WEBSITE AND ALL WEBSITE SERVICES, FEATURES, CONTENT, AND ALL OTHER WEBSITE ASPECTS, INCLUDING ALL INFORMATION PROVIDED, OBTAINED, OR DERIVED FROM SUCH SERVICES, FEATURES, AND CONTENT. NEITHER PCG NOR ANY OF ITS SERVICE PROVIDERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES MAKES ANY COMMITMENT OR WARRANTY, AND EACH OF THEM DISCLAIMS ANY STATUTORY OR IMPLIED WARRANTIES, CONDITIONS, OR DUTIES OF ANY KIND, IF ANY, INCLUDING, WITHOUT LIMITATION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE OR USE; (C) OF RESULTS, ACCURACY, VALIDITY, TIMELINESS, COMPLETENESS OF INFORMATION, FUNCTIONALITY, OR AVAILABILITY; (D) OF LACK OF NEGLIGENCE, REASONABLE CARE, OR EFFORT; (E) OF LACK OF VIRUSES OR OTHER HARMFUL CODE; (F) OF PRIVACY OR SECURITY; (G) OF INDEMNITY; (H) OF PROTECTION FROM MISREPRESENTATION, DEFAMATION, OBSCENITY, OR THE LIKE; AND (I) OF ANY KIND CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. IF ANY WARRANTY, CONDITION OR DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT PCG WOULD BE LIABLE TO YOU IN CONNECTION WITH SUCH WARRANTY, CONDITION, OR DUTY ONLY IN THE EVENT OF WILLFUL MISCONDUCT BY PCG. ALSO, THERE ARE NO WARRANTIES OF TITLE OR QUIET ENJOYMENT OR OF LACK OF INFRINGEMENT. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
No Incidental, Consequential, or Certain Other Damages
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER PCG NOR ANY OF ITS SERVICE PROVIDERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR THE LIKE (INCLUDING WITHOUT LIMITATION, LEGAL, ATTORNEY, EXPERT, AND CONSULTANT FEES AND COSTS), OR FOR DAMAGES FOR, WITHOUT LIMITATION: LOST PROFITS OR OPPORTUNITY, LOSS OF PRIVACY OR SECURITY OR DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH OR OF LACK OF NEGLIGENCE OR OF WORKMANLIKE OR PROFESSIONAL EFFORT), OR FOR ANY OTHER INDIRECT DAMAGES OR FOR ANY PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THIS WEBSITE, THE SERVICES, FEATURES, OR CONTENT AVAILABLE THROUGH THIS WEBSITE, THE INFORMATION PROVIDED BY OR OBTAINED OR DERIVED FROM SUCH SERVICES, FEATURES, AND CONTENT, YOUR USE OF THIS WEBSITE OR SUCH SERVICES, FEATURES, CONTENT, OR INFORMATION, OR ANY BREACH OR FAILURE OF ANY KIND BY PCG OR ITS SERVICE PROVIDERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES, EVEN IF YOU OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, OR MISREPRESENTATION.
Limitation of Liability and Exclusive Remedy
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING TORT) RELATING TO CAPNEXUS OR THE SERVICES AND FEATURES AVAILABLE THROUGH CAPNEXUS, OR RELATING TO YOUR USE OF CAPNEXUS OR SUCH SERVICES AND FEATURES, SHALL BE THE AMOUNT OF ACTUAL DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO PCG FOR THE ITEM GIVING RISE TO YOUR DAMAGES OR TEN DOLLARS ($10), WHICHEVER AMOUNT IS LESS. YOU AGREE THAT THE DAMAGES EXCLUSIONS IN THESE TERMS OF USE AND THIS LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states and jurisdictions may not allow the exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case you agree that any liability of PCG will be limited to the maximum extent permitted by applicable law.
Third Party Claims and Indemnification
You agree that you are responsible for your behavior in connection with use of CapNexus and the services and features available through CapNexus. PCG will not be liable for claims made against you or against PCG or any of its service providers, affiliates, agents, directors, employees, or representatives arising out of your use of CapNexus and the services and features available through CapNexus. You hereby agree to indemnify, defend, and hold PCG, and PCG’s related companies, officers, directors, employees, agents, and representatives harmless from and against any claim or demand, including reasonable attorney fees and costs, made by any third party due to or arising, directly or indirectly, in whole or in part, out of your use of CapNexus, or your violation of these Terms of Use. Notwithstanding the foregoing, PCG reserves the right to select its attorneys, and to control its defense in response to any such claim or demand.
Linking to Website
You may link to CapNexus as long as you comply with the following requirements:
- All links must accurately describe the portion of CapNexus that is linked to;
- All links must lead to a particular page or subpage of CapNexus, and must not include any frame, border, margin, design, branding, trademark or promotional materials not originally displayed on the particular page or subpage of CapNexus; and
- All links must appear separate and distinct from all other visual elements of your website, so as not to imply that CapNexus or PCG endorses any of the content or materials on, or offered through, your website.
You agree that you will not copy portions of CapNexus to a server, except as part of an internet service provider’s incidental caching of webpages. PCG reserves the right to require you to discontinue from linking to CapNexus at any time. In such event, you must immediately remove any such links.
Termination of Use
You acknowledge and agree that PCG has the right to suspend or terminate your use of, or otherwise block your access to, CapNexus for any reason or no reason and without any notice to you.
Governing Law and Choice of Venue
You agree that these Terms of Use and all causes of action relating in any way to CapNexus or the services or features available through CapNexus (including but not limited to claims under contract, for torts, or any other basis of liability) will be governed by and construed in accordance with the laws of the District of Columbia without regard to its conflicts or choice of law provisions. You also agree that the federal and local courts in the District of Columbia will have exclusive jurisdiction and will be the exclusive venue for all causes of action relating in any way to CapNexus.
Miscellaneous Provisions
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be deemed to no longer be a part of the Terms of Use, and the remaining provisions will be enforced. The headings in these Terms of Use are for reference purposes only and in no way define, limit, construe, or describe the extent or scope of any provision of the Terms of Use. Any decision by PCG not to enforce any provision of these Terms of Use will not constitute a waiver of that or any other provision.
Changes to These Terms of Use
PCG may change these Terms of Use from time to time, in its sole discretion. Please check these Terms of Use frequently in order to determine if any changes have been made. You agree to comply with and be bound by the Terms of Use as they appear on CapNexus at each time you visit or use CapNexus.