Terms of Use

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE SEPHARDIC FOUNDATION ON AGING HAVING A PLACE OF BUSINESS AT ONE PENN PLAZA, 36TH FLOOR, NEW YORK, NY 10119 (“SFA” OR “WE” OR “US” OR “OUR”). THIS WEBSITE, LOCATED AT WWW.SOFA.ORG (THE "WEBSITE"), IS OWNED AND OPERATED BY THE SEPHARDIC FOUNDATION ON AGING. BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT. THIS WEBSITE PROVIDES USERS WITH ACCESS TO A VARIETY OF INFORMATION AND RESOURCES. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE.

DESCRIPTION OF OUR SERVICES

SFA fosters innovation and collaboration in the field of aging, providing older people and their communities with a variety of support and resources. SFA also offers grants to nonprofit organizations working to support older adults.

COLLECTION OF PERSONAL INFORMATION

You can visit the Website and access some of the resources, features and functionality without being required to register or provide us with any personal information. However, certain resources/requests will require that you provide us with some personally identifying information about yourself, as more specifically detailed in our privacy policy, located here.

AGE REQUIREMENTS

The SFA Website is intended solely for users who are 18 years of age or older, and any access to the Website by anyone under 18 is unauthorized.

LIMITED LICENSE AND WEBSITE ACCESS; ALL RIGHTS RESERVED

The Website provides a variety of information and resources related to our grants and our grant-awarding process (hereinafter, the “Content”). SFA hereby provides you a limited license to access and make personal use of this Website and Content, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SFA or as otherwise explicitly permitted.

YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR THE PURPOSE OF FURTHERING YOUR MISSION IN THE ORDINARY COURSE OF YOUR CHARITABLE PURPOSE AND ATTENDANT OPERATIONS. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE IT OR THE WEBSITE TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.

INTELLECTUAL PROPERTY RIGHTS

Except as otherwise expressly stated, all Content and other information appearing on this Website is the copyrighted work of SFA or its third party content suppliers and is protected by U.S. and international copyright laws. Certain trademarks are the service marks and trademarks of SFA or one of its affiliates. SFA name, logo, the domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of SFA. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of SFA.

GRANTS; WEBSITE ACTIVITIES

The Website is provided as is and when available, and we may change all Content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate. For example, we can change a grant description at any time even if you have already applied, and not all grant opportunities may be posted on the Website – we use various methods for pursuing our mission and they are not limited to the Website. Also, we or third parties with whom we work might make a mistake and we reserve the right to correct anything, including but not limited to the Content. For example, we may correct, change or withdraw a grant description even if you have already taken action based on it.

NO COMMISSIONS

We do not want to deal with persons desiring to be paid for something unless we intentionally enter into an express contract to do so. This means, for example, that we do not pay commissions or other sums to anyone who helps arrange a grant unless we have expressly contracted to do so in writing prior to any such arrangement. For example, if you submit an application for someone else without entering into such a contract with us, we will not pay you (or anyone else) a commission or other amount even if we make the grant. We may also use, delete or ignore any information you provided without paying you anything and without undertaking any duties to you or anyone else. If you do not agree with these terms then do not submit any information to us.

PROHIBITED USE

You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party's use and enjoyment of the Website. In addition, in connection with your use of the Website, you agree you will not: a) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; b) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than as authorized herein, or c) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.

LINKS TO THIRD-PARTY WEBSITES/MATERIALS/CONTENT

This Website contains links to a several social media platforms owned and operated by parties other than SFA, including Facebook, LinkedIn and Twitter. We do not control these websites, and are not responsible for the content or accuracy of anything on these sites, including any advertisements, products for sale, or services. We also link to Submittable, Inc., a third party service provider that collects and stores information related to your grant applications. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. SFA shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, advertisements, products, services or other materials available on or through any such website. SFA is not responsible for the privacy practices of any other websites.

SERVICE PROVIDED IN UNITED STATES; COMPLIANCE WITH LAWS

The SFA Website is hosted in the United States. If you are a non-U.S. user of the SFA Website, by visiting the Website you agree to comply with all applicable federal and state U.S. laws. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Website and any related services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.

We make no representations that the Website and any and all information contained therein, including the Content are appropriate, available or legal in any particular location. This Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SFA to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Websites and all related Content on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your thereof.

GENERAL DISCLAIMER

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION, RESOURCES AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND THE SFA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, INFORMATION, CONTENT AND RESOURCES, AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. SFA MAKES NO WARRANTY THAT THE WEBSITE IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL SFA WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNITY

You agree to defend, indemnify, and hold harmless SFA, their affiliates, and all of their respective employees, agents, directors and officers from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from i) any breach or alleged breach by you of this Terms of Use, or ii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

SEVERABILITY/WAIVER

If any provision(s) of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then such provision(s) shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver or failure to enforce of any of the terms of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

GOVERNING LAW AND JURISDICTION

These Terms of Use and your access to and use of this Website are governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms of Use or Website shall be filed only in the courts located in the New York County, NY, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.

YOU AND THE SFA AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE SFA WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR THE SFA ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND THE SFA FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, THE SFA, AND ALL PARTIES TO ANY SUCH PROCEEDING.

FORCE MAJEURE

The SFA shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of our contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, pandemic, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

NOTICES

Any notices to you from The SFA regarding the Website or these Terms of Use will be posted on this Website or made by email.

CHANGES TO THESE TERMS OF USE

You agree that from time to time we may alter (including adding or eliminating all or parts of provisions) these Terms of Use. Amended versions of these Terms will take effect on the date specified for the amended version ("Effective Date") and will apply to all information that was collected before or after the Effective Date, including information in our databases. Each time you return to the Website, you are responsible for checking the effective date of the then posted version of these Terms of Use - if it is later than the date of the version last reviewed, the Terms of Use have been changed and the new version should be reviewed before using the Website. USE OF THE WEBSITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE WEBSITE AND CEASE ALL USE OF THE CONTENT OR SERVICES.

WEBSITE PRIVACY POLICY

Our Website Privacy Policy, located at www.sfoa.org describes the details of SFA's information practices and procedures for personal information we collect at this Website. We strongly urge you to read our Website Privacy Policy.

Date These Terms of Use were Last Updated: May 19, 2020