Please read this Agreement carefully. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any of its services. If these terms and conditions are considered an offer by Morrison & Company, acceptance is expressly limited to these terms.
- Description of Service
The MorrisonGrants Database Subscription and Notification Service provides Subscribers access to data on hundreds of federal, state, and private grant programs focused on food & agribusiness, alternative energy, the environment and other complex federal and state grant programs. Using search fields, Subscribers can search the database to view summaries of and links to grants that apply to their needs. Subscribers can also enter specific criteria into their profile to receive daily e-mail notifications when pertinent grant opportunities arise.
- Account, Password and Security
- Users will choose their personal identification code ("User Name") and password ("Password") if they choose to register. This User Name and Password will be required to access the Service. Users may not allow any other person to use this User Name and Password to access the Service. Users should make every reasonable effort to keep their User Name and Password confidential.
- Users shall keep their User Name and Password confidential.
- Users must inform Morrison & Company expeditiously if they suspect any breach of security, such as loss, theft, or unauthorized disclosure or us of a User Name or Password. Users remain responsible for any such breach of security until they inform Morrison & Company by e-mail or telephone.
- Violation of the security measures set forth in paragraphs 4(a-c) may result in Morrison & Company's termination of the User’s access to the Service, without notice or warning.
- License Access and Use
- Upon your acceptance as a User, you are granted a non-exclusive license to use the Service for the following actions:
- Search the Service database and use the Notification service; and
- Print hard copies of any search output, which may be used by User for INTERNAL PURPOSES ONLY, and may not be sold or distributed, and must display Morrison & Company's copyright information.
- User shall not sell, distribute, loan, lease, or commercially exploit the Service or create any derivative work using the Service.
- User shall not assign, transfer, or sublicense this Agreement or its rights without prior written permission from Morrison & Company.
- Violation of the rights set forth in paragraphs 5(a-c) may result in Morrison & Company's termination of the Subscriber's access to the Service, without notice or warning.
- Proprietary Rights / Intellectual Property
This Agreement does not transfer from Morrison & Company to you any Morrison & Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Morrison & Company. All aspects of the Service are the property of Morrison & Company and are protected by copyright laws and international treaties. Morrison & Company, MorrisonGrants, MorrisonGrants.com, the MorrisonGrants logo, and all other trademarks, service marks, graphics and logos used in connection with MorrisonGrants.com are trademarks or registered trademarks of Morrison & Company or Morrison & Company's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Morrison & Company or third-party trademarks.
- Disclaimer of Warranties
The Service is provided "as is". Morrison & Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of fitness for a particular purpose and non-infringement. The content of the Service database is provided "as is," and Morrison & Company recommends that you visit the granting agency's website to verify any information provided in the database. Neither Morrison & Company nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
Morrison & Company has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MorrisonGrants links, and that link to MorrisonGrants.com. Morrison & Company does not have any control over those non-MorrisonGrants websites and webpages, and is not responsible for their contents or their use (including the reliability of the links). By linking to a non-MorrisonGrants website or webpage, Morrison & Grants does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Morrison & Company disclaims any responsibility for any harm resulting from your use of non-MorrisonGrants websites and webpages.
Morrison & Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Morrison & Company may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Limitation of Damages / Liability
In no event will Morrison & Company, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Morrison & Company under this agreement during the twelve (12) month period prior to the existence of the cause of action. Morrison & Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Suspension of Services/Termination
Morrison & Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MorrisonGrants.com account (if you have one), you may simply discontinue using the Service. . All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify and hold harmless Morrison & Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to out of your violation this Agreement.
- This Agreement constitutes the entire agreement between Morrison & Company and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Morrison & Company, or by the posting by Morrison & Company of a revised version. Failure by Morrison & Company to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right.
- Except to the extent that applicable law, if any, provides otherwise, this Agreement and any access to or use of the Service will be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Butte County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Chico, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Morrison & Company may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- This Agreement constitutes the entire agreement between you and Morrison & Company with respect to the Service and supersedes all prior agreements or understandings between you and Morrison & Company with respect thereto.