Terms and Conditions

Nimble Press™ provides tools and processes to help individuals and organizations (“Users” or You”) find grants and awards, and to apply for grants and enter contests on behalf of grant-giving and awards organizations.   Nimble Press administers online application services and awards programs, using the Nimble Net™ system (“Service”), on behalf of grant-giving and award organizations (“Sponsor”) as specified in each award application. Nimble Press offers a free grant listing services through Grant Wrangler™.

These terms of use are between each user and Nimble Press.  Please review our terms and conditions carefully as they govern Your use of the Service and the Nimble Press Web sites. By using this Web site and service, You acknowledge that You've read, understood and agree to be bound by these terms. The terms and conditions below and any other rules or policies set forth on this site COMPRISES the entire agreement between You and Nimble Press and SUPERSEDES all prior agreements between us. We may modify these Terms at any time with email notice to You or by posting a notice on the Nimble Press Web site.  Your continued use of the Service and our Web site will constitute Your acceptance of those Terms.  If You do not agree with the changes, You may terminate Your use of our Service and Web site.

Nimble Net System

Nimble Net™ is Nimble Press’ proprietary system for processing applications for grants and awards.  Nimble Net™ includes the Online Judging System, the Online Application System, and the Applicant Data System, as well as the software, proprietary elements, documentation, records and other Nimble Press-owned or licensed trade secrets or know-how related to any of these, and Nimble Press’ intellectual property rights in these.

Grant Wrangler

Grant Wrangler™ is Nimble Press’ grant listing service. We use every reasonable effort to provide informative and relevant information. You agree that information is provided by Nimble Press AS IS and that we do not guarantee the accuracy, integrity or quality of any content available through Grant Wrangler. The information is provided by the Grant Sponsors, and Nimble Press makes no warranty as to the quality or correctness of the data or grants.

Usage

The Service and Web site contain information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Nimble Press or third parties. All Content, the Service and Web site is copyrighted as a collective work of Nimble Press, or its third party providers, pursuant to applicable copyright and intellectual property law. You agree to comply with any additional copyright notices, information, or restrictions contained on the Web site or in any Content available on or accessed through the Service.  Subject to these Terms, Nimble Press grants You a revocable non-exclusive, royalty free, limited license to use the Web site, Service and Content for the purpose of applying for grants and entering contests on behalf of Sponsors.

In addition, the Nimble Press Web site, Nimble Net™ and the Service may be used only for lawful purposes and their usage in connection with or adjunct to any matter or thing which violates any municipal, county, state, federal or foreign statute or regulation is prohibited.

You agree to indemnify, defend and hold Nimble Press harmless from and against any and all claims, actions, causes of actions, administrative or government action, liabilities, losses or damages (including legal fees and expenses) brought by third parties, arising from the usage of Nimble Net™ by User.  In the event that Nimble Press, at any time, believes that Nimble Net™ is being used by You in contravention of the terms and provisions of this license, then Nimble Press may, in its sole discretion, immediately terminate Your use of Nimble Net™ or the Service without liability.

Registration and Password

You agree to provide current, complete, accurate information in the registration section of the Web sites. You further agree to update and keep that information current as needed. You will select a password in order to access the Services and Your account and will be solely responsible for maintaining the confidentiality and the security of Your password and account information. You agree to immediately notify us of any unauthorized account activity, or any unauthorized use of Your email list(s) or any other breach of security You become aware of.

Privacy

We are committed to protecting the privacy and confidential information of Users. For more information please see our Privacy Policy. The Privacy Policy of Nimble Press is incorporated into and made a part of these Terms.  Your use of the Nimble Press Web sites, Nimble Net™ or the Services, means You agree to comply with our Privacy Policy.

Linking

This Web site contains links to Web sites owned and operated by third parties. Nimble Press does not control these other sites and is not responsible for their content or their availability. Third party sites may have privacy policies that differ from ours.  Please read them.

Representations and Warranties

Subject to the Terms contained herein, Nimble Press will use reasonable efforts to provide Users with access to and the right to use Nimble Net™ and the Services.

All awards programs or contests and the Official Rules governing them are solely the responsibility of their Sponsors.

Disclaimer of Warranties

You acknowledge that Nimble Press specifically disclaims all warranties and conditions, express or implied or statutory, including without limitation the implied warranties of Title, Non-Infringement merchantability or fitness for a particular purpose, that the Web site or service will operate securely, reliably or in a timely fashion, or that the development or the validity of the implementation of a grant program or contest, or that Your information will be accepted by sponsors.  Nimble Press provides our Web sites, Nimble Net™ and the Service to You “as is” without warranty of any kind.

Limitation of Liability

Nimble Press shall not be liable for any direct, indirect, special punitive, incidental or consequential damages arising out of or in connection with these Terms, the use of our Web sites, NimbleNet™, or the Service, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, failure of a third party to accept Your grant application, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Nimble Press.   Nimble Press’ entire liability for all claims arising under or relating hereto, whether in contract, tort (including negligence) or otherwise, shall not exceed $1.00.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such states, the liability of Nimble Press, third party content providers and their respective agents shall be limited to the fullest extent permitted by law.

Indemnification

You agree to defend, indemnify and hold Nimble Press, its affiliates and their officers, directors, agents, employees, and licensors (including third party providers) harmless from and against any claims, demands, causes of action, damages,  costs, liabilities and expenses, including attorneys’ fees, made by any person arising out of or relating to Your use of the Nimble Press Web sites, Nimble Net™, Grant Wranger,  the Services, Your participation in a grant program or contest, or Your violation of these Terms or the documents it incorporates by reference.

Term and Termination

These Terms will commence on the date You begin use of our Web site, and will terminate when You no longer use the Web site, or we terminate Your license to use the Web site or the Service.  The following sections will survive the termination of these Terms:  Disclaimer of Warranties; Limitation of Liability; Indemnification, Term and Termination and Miscellaneous.

Dispute Resolution

For any claim (excluding claims for injunctive or equitable relief) where the total amount of the award sought is less than $10,000, You and Nimble Press elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely on the submissions where no in-person appearance is required.  In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with their applicable rules. Alternatively, any claim may be adjudicated by a court of competent jurisdiction located in the City and County of San Francisco, California.  You and Nimble Press agree to submit to the personal jurisdiction of the courts located within the City and County of San Francisco, California.

Should either party file a claim contrary to this Section (Dispute Resolution) the other party may recover attorney’s fees and costs up to $1,000, provided the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.

Miscellaneous

The parties irrevocably agree that the laws of the State of California will govern these Terms and their relationship, without reference to any choice of law rules.  Unless specifically modified or supplemented by a written agreement, these Terms constitute the entire agreement between Nimble Press and You, and represent the complete and entire understanding of the parties with respect to the subject matter herein.  These Terms supersede any other agreement or understanding between Nimble Press and You, whether written or oral.  In the event that any term or provision herein is found to be invalid or unenforceable the parties agree that the provision will be changed and interpreted so as to best accomplish the objectives of the provision within the limits of the applicable law or applicable court decisions, and the remainder of the Terms shall remain in full force and effect.

Contacting Us

The best way to reach us regarding this information is by email:info@nimble-press.com

Effective Date: June 15, 2005

Updated: December 21, 2005