1. Scope

The Common Grant Applicationor® system is a Web-based service that allows grantmakers, applicants and other applicants to view each others' profiles, backgrounds, activities and funding interests; and submit, receive, review, track and manage grant or scholarship applications. Common Grant Application Users can change their personal information at any time, control how other Users see this information, and control how other Users and the website's services communicate with them.

This User Agreement is a binding contract between You and the Common Grant Application ("CGA"), which is a project of Oceanpeak, Inc. ("Oceanpeak"). For purposes of this User Agreement, CGA and Oceanpeak are used interchangeably. Read the terms and conditions of this User Agreement carefully before accessing or using the CGA website ("website") located at www.commongrantapplication.com (including any successor sites). Your access to and continued use of this website constitutes Your acceptance, without limitation, of the terms and conditions of this User Agreement. If You do not agree to be bound by these terms and conditions, You may not access or use this website.

2. Permitted Uses

You are granted limited, non-exclusive and nontransferable license to access and use the website (including its information, materials and documents (the "Content") for the following purposes (collectively, the "Permitted Uses")):

  • To investigate and review the background, interests, activities and relationships of nonprofit organizations, foundations or individuals for the purposes of determining whether to provide or request donations, grants, scholarships or loans or to enter into other types of business relationships;
  • To establish and maintain grantmaker to applicant relationships;
  • To establish and maintain grantmaker to scholarship applicant relationships;
  • To conduct comparative or other "best practices" research

You may download or print Content from the website in connection with the Permitted Uses. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein.

3. Prohibited Uses

You may not (collectively, the "Prohibited Uses"):

  • Use the website other than is expressly authorized by this User Agreement;
  • Directly or indirectly, change, modify, recompile, reframe, rent, sell, distribute or publish any of the website Content, or any portion thereof except in connection with a Permitted Use;
  • Use or launch any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website Content, or in anyway reproduce or circumvent the navigational structure or presentation of the website, to obtain or attempt to obtain any Content through any means not purposely made available through the website. Notwithstanding the foregoing, CGA grants the operators of public search engines permission to use "spiders" to copy the website Content for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content. CGA reserves the right to revoke these exceptions either generally or in specific cases;
  • Use the website directly or indirectly for the benefit of any third-party, other than as part of a Permitted Use;
  • Disassemble, decode, decompile, or otherwise reverse engineer the website, including, without limitation, any interfaces or software programs comprising the website;
  • Take any action that would impede or interfere with the proper operation of the website, or any transaction being conducted on the website, or with any other person's use of the website;
  • Take any action that imposes an unreasonable or disproportionately large load on the website or any other servers, systems or networks connected to the website;
  • Attempt to gain unauthorized access to any Content or feature of the website, or to any of the services offered on or through the website, or any other servers, systems or networks connected to the website, by hacking, password "mining" or any other prohibited or unlawful means;
  • Probe, scan or test the vulnerability of the website nor breach the security or authentication measures on the website or any other servers, systems or networks connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the website, including any CGA account not owned by you, to its source, or exploit any feature or Content of the website made available or offered by or through the website, in anyway where the purpose is to reveal any information, including but not limited to personal information, other than Your own personal information, as provided for by the website;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CGA on or through the website or any service offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or organization. You agree to provide us with accurate and complete information as required by the registration process;
  • Use or export or re-export the website or any content or service offered on the website for any purpose that is prohibited or unlawful, including without limitation United States export laws and regulations, or prohibited by this User Agreement, or to solicit the performance of any prohibited, unlawful or other activity which infringes the rights of CGA or others;
  • Circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

4. Access

The website has three levels of Content and service access: Basic, Select and Complete. The Basic service (non-fee based) of the website is accessible without a user name and password. The Select (non-fee based) and Complete (fee-based) services of the website are only accessible with a user name and password. You must provide accurate and complete information when you open and create Your account. You are solely responsible for maintaining the confidentiality of Your user name and password and for ensuring that no unauthorized person will have access to Your user name, password or account. Your user name, password and account are not transferable and You are fully responsible for all activities that occur under Your user name, password and account. Only one individual at a time may access the website using the same user name and password. You grant CGA and all other persons and third-parties involved in the operation of the website the right to transmit, monitor, store, retrieve and use Your personal information in connection with the operation of the website. You agree to immediately notify CGA of any unauthorized use of Your user name, password or account or any other breach of security. CGA cannot and will not be liable for any loss or damage arising from Your or any authorized users' failure to comply with these provisions.

CGA reserves the right, for any reason and without notice, in its sole discretion to terminate, change, suspend, or interrupt the access to, or operation of, in whole or in part, the website as necessary to perform routine or non-routine maintenance, troubleshooting, error corrections, or other changes.

5. Fees

It is free to register, login and set up a profile about your organization and/or program(s). In addition, the Basic and Select services are free. You may be charged for the Complete services (only after you have explicitly provided your billing information and either submitted an application or allowed the receipt of applications). The applicant and grantmaker fees are described in the Billing Agreement. CGA reserves the right to change its fees from time to time in its discretion. If CGA terminates Your access to or use of the website because you have violated the User Agreement or Privacy Policy, you shall not be entitled to the refund of any unused portion of subscription fees.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE CGA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE WEBSITE IS PROVIDED "AS-IS" AND "AS-AVAILABLE". CGA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE COMPLETENESS, ACCURACY OR USEFULNESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, OMISSIONS, MISTAKES, INCOMPLETENESS, OR INACCURACIES OF THE CONTENT, FORMS OR OPERATION, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THE WEBSITE, (4) ANY DELAY, INTERRUPTION OR CESSATION OF ACCESS OR TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (6) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. CGA MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD-PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD-PARTY'S CONDUCT, SOFTWARE AND/OR EQUIPMENT.

7. Limitation of Liability

IN NO EVENT SHALL CGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, OR ANY INDIRECT DAMAGES, OR LOSS, COSTS OR EXPENSE WHATSOEVER RESULTING FROM ANY (1) ERRORS, OMISSIONS, MISTAKES, INCOMPLETENESS, OR INACCURACIES OF THE CONTENT, FORMS OR OPERATION, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THE WEBSITE, (4) ANY DELAY, INTERRUPTION OR CESSATION OF ACCESS OR TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (6) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CGA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CGA MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD-PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD-PARTY'S CONDUCT, SOFTWARE AND/OR EQUIPMENT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY.

8. Indemnity

You agree to indemnify, defend and hold harmless CGA, its officers, directors, employees, agents, successors, assigns and any other person or entity involved in the creation, production and/or distribution of the website, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from: (1) Your access to and use of the website; (2) Your violation of any term of this User Agreement or Privacy Policy; (3) Your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; or (4) any claim that one of Your submissions caused damage to a third-party. This defense and indemnification obligation will survive this User Agreement and Your access to and use of the website.

9. Trademark Notice

"Common Grant Application" and "Simplifying the Art & Science of Giving" are registered trademarks of Oceanpeak, Inc. "Oceanpeak", the Common Grant Application logo and the Oceanpeak logo are trademarks of Oceanpeak, Inc. All other trademarks referred to on the website are trademarks (registered or otherwise) of the respective trademark owners.

10. Copyright Notice

The Common Grant Application is a project of Oceanpeak, Inc. 530 Wilshire Blvd. Suite 207, Santa Monica, CA 90401. All Rights Reserved. The website, including without limitation the Content found on the website, is copyrighted subject matter owned by CGA, other third-party organizations or Users and is protected by United States and international copyright law. You may not use, reproduce, reformat, excerpt, translate, distribute, prepare derivative works of and display this Content, in whole or in part, except as is expressly authorized by this User Agreement.

If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein.

11. Intellectual Property Rights

In the course of using the website, users may provide information about themselves which may be visible to other users. You understand that by submitting or posting Content on the website or otherwise providing materials to CGA ("User Submissions"), you are granting CGA a non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, reformat, excerpt, translate, distribute, prepare derivative works of and display Content in the course of offering the website's services.

You agree that all Content submitted, posted or transmitted through the website is the sole responsibility of the person from which such Content originated and that CGA will not be liable for any errors or omissions in any Content. You agree that CGA cannot guarantee the identity of any other users with whom you may interact in the course of using the website. Additionally, CGA cannot guarantee the accuracy, completeness, authenticity or usefulness of any Content which users may provide about themselves, their organizations and their background, interests, activities and relationships.

The Content on the website, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to CGA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you "as-is" and "as-available" for Your information, education and personal use only and may not be used, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever other than as expressly authorized by this User Agreement.

CGA reserves all rights not expressly granted in and to the website and the Content.

12. Third-party Rights

You agree not to submit, upload or otherwise place any Content on the website that would infringe or otherwise violate anyone's copyright, intellectual property, privacy or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation.

If you are a copyright owner or an agent thereof and believe that Your copyright interests are being infringed by anything on the website, You may notify us of Your claim, pursuant to the Digital Millennium Copyright Act ("DMCA"), by filing a Notice with our Copyright Agent. Your Notice must be in writing (either by certified or registered mail to: Oceanpeak, Inc., Attn: Copyright Agent, 530 Wilshire Blvd. Suite 207, Santa Monica, CA 90401 or via our contact us form) and must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that You claim has been infringed, including the Web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the website that You claim is infringing; (4) information CGA can use to contact You, including Your address, telephone number, and email address; (5) a statement by You that You have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or the law; (6) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

13. Endorsement Disclaimer

CGA does not endorse, support, sanction, or verify the Content submitted to or placed on the website by Users. Unless otherwise specifically indicated, CGA does not endorse and has no affiliation with any of the individuals, organizations or entities mentioned, listed in, described on or linked to via the website, and it makes no representations or warranties whatsoever with regard to those individuals, organizations or entities.

CGA has no control over, makes no representations or warranties and assumes no responsibility for the Content, practices or privacy policies of any third-party websites or those Users that review or receive the personal information that is collected as part of the website's services. By using the website, you expressly relieve CGA from any and all responsibility or liability arising from Your use of any third-party website. Our Privacy Policy only governs information collected on the website. Accordingly, CGA encourages you to be aware when you leave the website and to read the terms and conditions and privacy policy of each other website that you visit.

14. Financial and Legal Advice Disclaimer

The Content on the website is provided for educational and informational purposes only. Such Content does not constitute and is not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. CGA suggests that You consult an attorney, accountant, and/or financial advisor to answer any legal or financial questions.

15. Privacy

Use of the website services is also governed by the Privacy Policy, which is incorporated into this User Agreement by this reference.

16. Notices

Except as is stated herein to the contrary, any notices to CGA must be delivered in writing (either by certified or registered mail to: Oceanpeak, Inc., Attn: Notices, 530 Wilshire Blvd. Suite 207, Santa Monica, CA 90401 or via our contact us form. Any notices to You will be delivered via the email address that you provide to CGA.

17. Force Majeure

CGA shall have no liability whatever for delays or interruptions in delivery or accessibility of any of the website, interruptions of service or other breach of this User Agreement due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond CGA's reasonable control.

18. Severability

Should any term of this User Agreement be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, CGA and You agree that such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this User Agreement, while the remainder of this User Agreement will continue in full force and effect.

19. Dispute Resolution

This User Agreement shall be governed and construed by the laws of the United States and by the laws of the State of California, without regard to its conflicts of laws provisions. You agree that, by entering into this User Agreement and accessing or using the website, You are transacting business in California and are subject to jurisdiction in its courts. Any legal or equitable action arising from this User Agreement or in connection with the website shall be commenced and maintained in a court of competent subject matter jurisdiction within Los Angeles, California, and you consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. Either CGA or You may demand that any dispute between CGA and You about or involving the website Content or services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, provided that the foregoing shall not prevent CGA from seeking injunctive relief in a court of competent jurisdiction. In the event of any dispute adjudicated between the parties, whether in arbitration, litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys' fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, otherwise such cause of action is permanently barred.

20. Equitable Remedies

You agree that any unauthorized use or disclosure by You of the website Content or services or any infringement or violation of CGA's intellectual property rights shall cause CGA irreparable injury for which CGA could not be fully compensated by money damages. You agree that, in the event of such a violation, CGA would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that CGA would be entitled to recover from You its attorneys' fees and costs incurred in seeking and obtaining such relief.

21. Assignment

You may not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this User Agreement or any rights or obligations under this User Agreement without the prior written consent of CGA. Subject to the foregoing, this User Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.

CGA may transfer or assign this User Agreement without restriction. In the event that CGA is acquired by or merged with a third-party entity, CGA reserves the right, in any of these circumstances, to transfer or assign the information CGA has collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, CGA may not be able to control how Your personal information is treated, transferred, or used.

22. Termination

CGA may terminate this User Agreement at any time, with or without notice and with or without cause. Terms and conditions of this User Agreement that, by their nature, survive the termination or expiration of this User Agreement, shall continue to survive.

23. Closing your account

To close your account, please contact us. We'll confirm when the account has been closed. Refunds and proration for any applicant and grantmaker fees are described in the Billing Agreement. Surviving terms of the agreement are described in a preceding section of this User Agreement.

24. Feedback and Questions

You are encouraged to review the Frequently Asked Questions for additional information about any questions that you may have regarding the User Agreement or Privacy Policy.

Any feedback you provide to this website shall be deemed to be non-confidential and non-proprietary. CGA shall be free to use such feedback and information on an unrestricted basis.

25. Modification

CGA reserves the right, in its sole discretion, to modify, alter, or otherwise revise the features, services and pricing of this website without prior notice. CGA also reserves the right, in its sole discretion, to modify, alter or otherwise revise this User Agreement as well as the Privacy Policy at any time by posting such modified versions on the website. You agree to monitor regularly the User Agreement as it appears on the website. Your continued use of the website after the posting of any modified versions shall constitute Your agreement to the modified User Agreement.

26. Date Last Modified

This User Agreement is version 1.3 and was last modified August 1, 2011.

27. Contact

If you have any questions about the User Agreement, the Privacy Policy; the practices of the website; or Your dealings with the website, please use our contact us form (or by mail at 530 Wilshire Blvd. Suite 207, Santa Monica, CA 90401). Thank you.