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Welcome to the vanguardcharitable.org website (the "Site") owned and operated by the Vanguard Charitable Endowment Program ("Vanguard Charitable" or "we” or "us”). This Agreement contains the terms and conditions (the "Terms" or "Agreement") upon which you (the "User") may access and use the public areas of this Site and the information, materials, software, applications, products and services, including, without limitation, pages, text, data and images and other content (collectively, "Content") found thereon. The password-protected areas of this Site are available only to individuals who have been properly identified to Vanguard Charitable as authorized persons with respect to a designated Philanthropic Account(s), and where required, have executed an Interested Party Account Access Authorization form (each, an "Authorized Person"). The use of the password-protected areas of this Site is governed by a separate User Agreement.
The Site is designed to provide the public with information regarding Vanguard Charitable and to help donors and their financial advisors access donor-advised accounts and use information, initiate contributions, recommend the reallocation of investments and make grant recommendations through the Site. The Site is available only to Users (also referred to as "you" herein) who agree to the Terms in this Agreement.
Please read the following Terms carefully before using this Site. By using the Site, you signify your acceptance of our Terms. If you do not agree to these Terms, you may not use the Site.
Modification of the Terms and Monitoring of the Site
Vanguard Charitable reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. We suggest that you check these Terms periodically for changes. The Terms can be accessed from the link at the bottom of the Site's pages. Your continued use of the Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms. Vanguard Charitable expressly reserves the right to monitor any and all use of this Site.
These Terms provide you, the User, with a personal, revocable, nonexclusive, nontransferable, limited license to use this Site conditioned on your continued compliance with the Terms. All Users may print, download and distribute limited portions of the Content available in the public areas of the Site, provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such Content. Except as otherwise expressly permitted herein, a User may not reproduce, modify, create derivatives of, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or other Content obtained from or through the Site. As a further condition of use of the Site, all Users warrant to Vanguard Charitable that they will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms.
Commercial and other web sites may include a link to the non-password-protected areas of the Site, so long as any such link satisfies all five (5) of the following requirements:
(1) Indicates clearly that the link will lead to the web site of "The Vanguard Charitable Endowment Program" (referenced in plain block letter form), and does not otherwise use the logos or stylized form of THE VANGUARD CHARITABLE ENDOWMENT PROGRAM trade/service mark.
(2) Does not falsely represent or suggest any relationship between the linking site and Vanguard Charitable (including suggestions of affiliation, endorsement, or sponsorship).
(3) Does not portray Vanguard Charitable in a false, misleading, derogatory or otherwise offensive manner.
(4) Delivers Vanguard Charitable Content outside of a framed environment and maintains the integrity of the layout, Content, and "look and feel" of the Site.
(5) Delivers users to the Site unaltered, unmodified, unadulterated in any way by the linking site.
A site that complies with all five (5) of the above requirements may also offer a link to other content within the Site, so long as any such link also meets requirements 2 through 5 above.
This foregoing license expressly prohibits the framing of Vanguard Charitable's Content in any way or any other activity, specifically including, but not limited to, referencing "Vanguard Charitable" or "Vanguard Charitable Endowment Program" as a metatag, keyword, or in any other manner that risks creating a misimpression or confusion among the public that the services and/or goods offered on the linked site are in any way sponsored or endorsed by, or associated or affiliated with, Vanguard Charitable.
If the linking site satisfies the foregoing requirements, Vanguard Charitable may include on the Site a reciprocal link to the home page of the linking site in Vanguard Charitable's sole discretion.
You may not:
(1) Reproduce, republish, upload, post, transmit, or distribute in any way Content from the Site or any web site owned, operated, licensed, or controlled by Vanguard Charitable, in whole or in part, except as specifically provided under the limited licenses set forth above.
(2) Copy, modify, or display Vanguard Charitable's name, logo, text, or graphic images in any way without Vanguard Charitable's express written permission, except as set forth in the limited licenses above.
(3) Redeliver any of the pages, text, images, or other Content of the Site using "framing" technology Vanguard Charitable's express written permission.
(4) Modify or use the pages, text, images, or other Content from the Site for any unauthorized purpose; doing so is a violation of Vanguard Charitable's copyrights and other proprietary rights.
(5) Include the term "Vanguard," any Vanguard Charitable trademark, any Vanguard Charitable executive's name, or any variation of any of the foregoing, as a metatag, keyword, hidden textual element, or any other indicator that risks creating a misimpression or confusion among the public that the User or the services and/or goods offered on any linked site are in any way sponsored or endorsed by, or associated or affiliated with, Vanguard Charitable.
Intellectual Property Rights
All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Vanguard Charitable does not grant any express or implied right(s) to Users of this Site.
Except as otherwise specified, all material and other Content on the Site is "Copyright 1999 - 2016 Vanguard Charitable Endowment Program. All rights reserved" Removing or altering the copyright notice on any material on this Site is prohibited. Vanguard Charitable also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site's Content.
All trademarks, service marks, and trade names displayed on this Site are either proprietary to Vanguard Charitable or licensed for use by Vanguard Charitable, except as explicitly noted otherwise. The marks VANGUARD, THE VANGUARD GROUP, and the Ship Logo are trade/service marks of The Vanguard Group, Inc.
We value hearing from our Users, and are always interested in learning about ways we can make the Site better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
U.S. Copyright Infringement Claims
If you know or suspect that any of the materials on this Site have been used or copied in a way that constitutes copyright infringement, please send notice to Vanguard Charitable's designated agent identified below. According to the U.S. Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
(a) A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(e) A statement by you that you have a good faith belief that 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 that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent for notice of copyright infringement claims may be reached as follows:
By Mail: Vanguard Charitable Endowment Program
400 Devon Park Drive, D29, Wayne, PA 19087
By Fax: Vanguard Charitable Endowment Program
You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the designated agent:
(i) Your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts in the Commonwealth of Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the designated agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, after receipt of the counter-notice, in our sole discretion.
If a counter-notice is received by the designated agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, after receipt of the counter-notice, in our sole discretion.
Other Restrictions; Assumption of Risk
You agree not to use this Site for any purpose that is unlawful or prohibited by these Terms, including but not limited to attempting or actually (a) committing a criminal offense or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including but not limited to export control laws and regulations governing the transmission, export, retransmission, or re-export of technical data from the United States; (b) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (c) imposing an unreasonable load on the Site's infrastructure or infecting it with viruses, worms, or other malicious computer programs upload; (d) reverse engineering or decompiling the software comprising the Site; (e) accessing the Site or any portion of the Site without authorization or in a way that exceeds your authorization; (f) collecting any information about other users of the Site; (g) systematically extracting data contained in the Site to populate databases for internal or external use; (h) reproducing, duplicating, copying, using, distributing, selling, reselling, or otherwise exploiting for any commercial purposes, any portion of the Site or any material or information obtained on or through the Site; (i) altering, damaging, or deleting any Site Content or otherwise disrupting, interfering or otherwise negatively affecting the ability of others to access or use the Site; (j) claiming a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to Vanguard Charitable); (k) providing false or misleading personal information or email addresses, or impersonate any other person or entity; (l) harming minors in any way; (m) stalking or otherwise harassing another person; and/or (n) uploading, posting, e-mailing, or otherwise transmitting any (1) material that is unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially, or otherwise objectionable, (2) material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (3) unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes."
Some portions or features of the Site may give you the ability to share information and other Content with other Users. You are solely responsible for any Content that you submit. You acknowledge that the Site is merely passively providing you the means to produce and distribute your Content and view other Users' Content. You hereby represent, warrant and covenant that: (i) you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; (ii) your Content does not and will not violate any term of this Agreement; and (iii) except to the extent authorized by Vanguard Charitable in writing, your Content does not include any advertisements, promotions, or solicitations of business.
We do not endorse any User Content available via the Site, or any opinion, recommendation or advice expressed therein, and expressly disclaim any and all liability in connection with User Content.
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Vanguard Charitable is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Vanguard Charitable shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
Vanguard Charitable is in no way responsible for the content of any site owned by a third party that may be linked to the Site via hyperlink, whether such hyperlink is provided by Vanguard Charitable or by a third party. Vanguard Charitable makes no representation or warranty with respect to the accuracy, timeliness, non-infringement, or suitability of the content of any site to which Vanguard Charitable's Site may link, including information on the linked site regarding Vanguard Charitable's Site, and Vanguard Charitable takes no responsibility therefore. By providing access to other web sites, Vanguard Charitable is not recommending the donation, purchase or sale of any investments offered by any company, nor is it endorsing services provided by any web site's sponsoring organization.
Vanguard Charitable likewise is not responsible for Content that appears on Vanguard Charitable's Site that may be provided by a third party.
THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. VANGUARD CHARITABLE DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE OR ITS CONTENT INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY AND/OR NON-INFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK. VANGUARD CHARITABLE DOES NOT REPRESENT THAT OR WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVICE THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS BETWEEN YOU AND VANGUARD CHARITABLE, YOU ASSUME THE RISK OF DAMAGE AND THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION OF YOUR COMPUTER AND RELATED SYSTEMS ARISING FROM YOUR USE OF THE SITE.
REFERENCE TO A FUND, SECURITY OR OTHER INVESTMENT ANYWHERE ON THE SITE IS NOT A RECOMMENDATION TO BUY, SELL, DONATE OR HOLD THAT OR ANY OTHER INVESTMENT. THE INFORMATION PROVIDED HEREIN IS FOR EDUCATIONAL PURPOSES ONLY. SUCH INFORMATION IS NOT INTENDED TO BE RELIED UPON BY YOU IN LIEU OF TAX OR LEGAL ADVICE. CONSULT WITH A TAX ADVISOR OR ATTORNEY FOR INFORMATION RELATED TO YOUR SPECIFIC SITUATION.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL VANGUARD CHARITABLE BE LIABLE TO YOU OR ANY OTHER PERSON, EVEN IN THE EVENT OF VANGUARD CHARITABLE'S OR ITS SERVICE PROVIDERS' NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER ANY THEORY ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT PROVIDED HEREIN INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, BUSINESS GOODWILL, DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, OR ARISING FROM THE CLAIMS OF THIRD PARTIES, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF VANGUARD CHARITABLE OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MOREOVER, VANGUARD CHARITABLE AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ANY PERFORMANCE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE OR ITS CONTENT, WHETHER RESULTING, IN WHOLE OR IN PART, FROM VANGUARD CHARITABLE’S OR ITS SERVICE PROVIDERS' BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISE.
IF YOU LIVE IN A STATE THAT DOES NOT PERMIT THE FOREGOING LIMITATION, IN NO EVENT SHALL VANGUARD CHARITABLE'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING VANGUARD CHARITABLE'S SITE.
You agree to indemnify and hold harmless Vanguard Charitable, its parents, affiliates, subsidiaries, and related companies, its service providers, and all of their respective officers, directors, employees, legal representatives, agents, successors and assigns, from and against any claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising out of or related to your use of the Site or any breach by you of this Agreement.
Jurisdictional Issues and Applicable Law
Unless otherwise specified, Vanguard Charitable controls and operates this Site from our offices within the United States of America. If you choose to access this Site from jurisdictions other than the United States, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without reference to its conflicts of law principles. You hereby consent to the exclusive jurisdiction of the state or federal courts located in the Commonwealth of Pennsylvania, specifically in the Court of Common Pleas of Chester County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania, in any action arising out of or relating to this Agreement.
Vanguard Charitable may terminate this Agreement immediately without notice if, as determined in Vanguard Charitable's sole discretion, you fail to comply with any term or provision of these Terms.
Failure to insist on strict performance of any of the Terms of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Vanguard Charitable of any right under these Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Integration, Severability and Reservation of Rights
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
The preceding Terms represent the entire agreement between Vanguard Charitable and the User relating to the use of the public portion of the Site, and supersede all prior or contemporaneous communications, agreements or proposals, whether electronic, oral, or written between you and Vanguard Charitable regarding same. Any rights not expressly granted herein are reserved.
This Agreement is effective as of August 1, 2016.