Terms of Use | Gannonconsulting

Gannon Consulting for Nonprofits LLC

If you do not agree to the Terms of Use & Privacy Policy, please do not use the website referenced herein.

1. ACCEPTANCE OF TERMS

By accessing and using Gannon Consulting for Nonprofits LLC (“GCN”) web site, www.gannonfornonprofits.com (the “Site”), users (each, a “User” or “you”) are agreeing to the following Terms of Use and Privacy Policy (together, “Terms of Use”). Please read these Terms of Use carefully. By using this Site or the GCN services offered on the Site (“GCN Services”), you signify your agreement to these Terms of Use, and all terms, conditions and notices contained or referenced herein.

2. CHANGE TO TERMS AND GCN SERVICES

We may, without notice, modify or terminate the GCN Services for any reason, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use at any time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes.

3. USER CONTENT

You acknowledge and agree GCN does not endorse or adopt (and has not necessarily reviewed) user content posted on, transmitted through, or linked from the GCN Services, nor does GCN assume any responsibility for, nor guarantee the accuracy, integrity or quality of, any material therein. All such user content is the sole responsibility of the person from whom such user content originated and GCN has no responsibility for such user content, and GCN shall have the right (but not the obligation) in its sole discretion to refuse or remove any user content on the Site and to edit or delete any objectionable material.

4. COPYRIGHT

All content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on the Site or in commercially produced information presented to you through the Site by GCN or GCN’s third party licensors (“Site Content”) is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use Site Content as expressly authorized herein or in writing by GCN. These Terms of Use do not transfer any right, title, or interest in the Site or the Site Content to you, and GCN and its third party licensors retain all of its and their respective right, title and interest to the Site and Site Content.

You acknowledge and agree that GCN owns all database, compilation, collective and similar rights, title, and interest worldwide in our information databases, and all information and derivative works generated from those databases.

Except as provided in these Terms of Use, you may not use, download, upload, modify, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or otherwise exploit any Site Content or information from the Site, in whole or in part, without the express permission of GCN. Requests for such permission should be made to gannon4nonp@gmail.com.

You may without our permission download, view, copy, retransmit and print Site Content, but only if:
a) the Site Content is used solely for personal, informational, or internal business purposes; b) the Site Content is not provided, sold, licensed or leased (nor is access provided to the Site Content) for any fee or other consideration; c) all copyright, trademark and other proprietary rights notices included in the Site Content and on the Site, appear on all copies; d) the Site Content is not modified or altered in any way; and e) no graphics are used separately from accompanying text.

The trademarks, logos and service marks displayed on the Site are the property of GCN or its licensors. Gannon Consulting for Nonprofits LLC, www.Gannon4nonprofits.com, Gannon4nonp, Gannon_nonp and all the brands of other GCN services shown herein are the trademarks or registered trademarks of GCN. Other trademarks belong to their respective owners. If you are aware of material on the Site that infringes copyright, please contact us through the copyright infringement notification process described below.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE SITE IS PROHIBITED.

Nothing contained in the Terms of Use or in the materials on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of GCN or such third party that may own the material or intellectual property displayed on this Site. In addition, use of the Site Content or materials for any purpose not expressly permitted in the Terms of Use is prohibited. You shall not copy or adapt the HTML code that GCN uses to generate any Site Content or the pages making up the Site.

If you believe that your work has been copied and has been posted to the Site in a way that constitutes copyright infringement, you may provide GCN with notice of your complaint by providing GCN with the following information in writing:
a) the electronic or physical signature of the owner of the copyright that has allegedly been infringed or a signature of the person authorized to act on the owner's behalf;
b) identification of the copyrighted work that you claim has been infringed or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at the Site;
c) identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit GCN to locate the material;
d) our name, address, telephone number, and e-mail address;
e) a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

To be effective, your notification must be in writing and include the above information. The GCN Designated Copyright Agent to receive your notification should be contacted at gannon4nonp@gmail.com.

5. PRIVACY

GCN does not use the Site to collect personal, demographic or other information about you. If you have contacted GCN then GCN may use that information to send you e-mail or other communications regarding updates at the Site, such as new GCN opportunities and additional information that may be of interest to you.

In the course of utilizing GCN Services, you may provide personal information, which may include your name, address, e-mail address, telephone number, contact information, and any other information from which your identity is discernible (“Personal Information”). Currently, GCN does not disclose to third parties your Personal Information, except as set forth below:

GCN may disclose such Personal Information to third parties if you consent to such disclosure. For example, GCN may disclose your Personal Information to companies and individuals it employs to perform services on its behalf that are necessary for operation of the Site and GCN Services, including analyzing data, and providing customer service. GCN may disclose your Personal Information if legally required to do so, if requested to do so by a governmental entity, or if GCN believes in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect the rights, safety or property of GCN, its affiliates, service providers, GCN’s users or the public, or (c) prevent a crime or protect national security.

GCN may also share Non-Personal Information about Site visitors to its clients, partners and other third parties so that they may understand the kinds of visitors who visit our Site and how those visitors use the Site.

For your convenience, the GCN site may contain links, or addresses, that you can click to open other useful sites where we do not control the content or privacy policy. GCN assumes no liability for any unauthorized actions of third parties or accidental transmission errors that may disclose information about you, and GCN is not responsible for these other sites’ privacy practices, which may be different from GCN’s privacy practices.

6. SECURITY

GCN has implemented reasonable technical and organizational measures, reasonably appropriate to the nature of the Site, which are designed to secure your experience using the Site. However, GCN cannot guarantee that unauthorized third parties will never be able to defeat those measures for improper purposes.

“Cookies” may be used in connection with the Site. A cookie is a small amount of identifier data that is sent to your browser from a web server and stored on your computer’s hard drive. By using cookies, information is potentially collected without your express knowledge. Most browsers are initially set to accept cookies but permit you to change the setting to refuse cookies or to be alerted when cookies are being sent. While refusal to accept cookies will not prevent the use of some portions of the Site, other portions may not function properly without cookies.

Web pages on the GCN Site may contain electronic images known as web beacons (sometimes called single-pixel gifs) that allow GCN to count users who have visited those pages and to deliver other services. Web beacons collect many things, including but not limited to, a cookie number, time and date of a page view, and a description of the page on which the web beacon resides.

7. NO DATA MINING OR RESALE

Use of manual or automated software, devices, or other processes (including but not limited to spiders, bots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Site is strictly prohibited. Except as otherwise permitted in these Terms of Use, you agree not to: (i) monitor or copy, or allow others to monitor or copy, the Site or the content included on the Site; or (ii) “frame” or otherwise simulate the appearance or function of the Site.

The Site and the GCN Services are for your personal or internal business use only and may not be used for any commercial purpose. You agree not to (i) use the Site for illegal and/or unauthorized uses, including collecting information and/or e-mail addresses of other Users by electronic or other means for the purpose of sending unsolicited e-mail; (ii) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the GCN Services; (iii) develop or derive for commercial sale any data in any form whatsoever that incorporates or uses any part of the GCN Services or any data residing in it; or (iv) use the GCN Services to sell a product or service or to increase traffic to your web site.

8. COMPLIANCE WITH APPLICABLE LAW

You agree to comply with all laws, legislation, rules, regulations, and governmental requirements of any jurisdiction in or from which you access the Site or GCN Services. Your use of any data obtained through GCN Services or the Site, including without limitation e-mail addresses, to send e-mail to any person, must fully comply with all federal and state laws with respect to unsolicited e-mail.

9. DISCLAIMERS

THE SITE AND THE GCN SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GCN DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND GCN MAKES NO WARRANTY THAT THE INFORMATION ON THE SITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. GCN DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

10. LIMITATIONS ON LIABILITY

YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. GCN, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUBCONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF GCN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. DISPUTES

The Terms of Use, your access and use of the Site and GCN Services and the relationship between you and GCN is governed by the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of law provisions. GCN and you both agree to submit to the personal and exclusive jurisdiction of the courts of the Commonwealth of Massachusetts. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. If either party commences any action or proceeding against the other party to enforce or interpret this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party the actual costs, expenses and attorneys' fees (including all related costs and expenses), incurred by such prevailing party in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained.

12. INDEMNITY

You shall indemnify and hold harmless, and at GCN’s request defend, GCN and its parents, subsidiaries, affiliates and service providers, as well as their respective owners, directors, officers, shareholders, employees, agents and subcontractors (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from: (i) your use of or access to the Site, Site Content or GCN Services; (ii) any breach of your obligations, representations or warranties set forth in these Terms of Use; or (iii) your violation of any rights of others. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

13. OTHER

Linking To or From the GCN Web Site: GCN is not responsible for any content, advertising, products, services or other materials on or available from web sites that are linked to or from GCN (including without limitation web sites that may be linked to by another User, and which may be reached by you as part of a search you conduct using the GCN Services). GCN is not responsible for the privacy policies or practices of Other Sites to which you choose to link from the Site. GCN is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those web sites. The sites displayed as search results or linked to by the GCN Services are developed by people over whom GCN exercises no control, and GCN may not screen the sites before including them in the indices from which such automated search results are gathered. A search using GCN Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a GCN search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by GCN Services.

Miscellaneous: GCN’s relationship is not one of agency or partnership and neither you nor GCN shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Site. You may not sell, trade, lease, assign or otherwise transfer your rights hereunder to any third party. GCN may assign its rights and duties under these Terms of Use without such assignment being considered a change to the Terms of Use and without notice to you. The Terms of Use are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. If GCN fails to enforce any provision of the Terms of Use, it shall not constitute a waiver of such provision. The Terms of Use will inure to the benefit of GCN’s successors, assignees and licensees. The Terms of Use and the documents incorporated by reference (including without limitation any client agreement), and any modifications by GCN to the foregoing, constitute the entire understanding between GCN regarding your access to, license and use of the Site and the GCN Services, and they supersede any prior agreements, statements or representations with respect to the same. GCN may provide you with notices by email, postal mail, or postings on the Site. Notices given by you to GCN must be given by e-mail and addressed to gannon4nonp@gmail.com.

Acknowledgment

You acknowledge that (a) you have read and understood these Terms of Use; (b) these Terms of Use have the same force and effect as a signed agreement; (c) you have the requisite power and authority to agree to, deliver and perform these Terms of Use and to consummate the transactions contemplated hereby; and (d) these Terms of Use have been duly authorized, agreed to and delivered by you, constitute your legal, valid and binding obligation, and are enforceable against you in accordance with the terms and conditions herein.

Gannon Consulting for Nonprofits LLC This document was last updated April 20, 2020