The terms that govern your access to and use of aprize.org and Aprize, PBC products and services.
These Terms of Service ("Terms") form a binding agreement between you and Aprize, PBC ("Aprize," "we," "us," or "our") governing your access to and use of aprize.org and any related subdomains, content, applications, and services that link to or reference these Terms (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
If you do not agree to these Terms, do not access or use the Site.
The Site is intended for adults age 18 or older who are using it in a professional capacity. By using the Site, you represent and warrant that you meet these requirements and that your use of the Site does not violate any applicable law or any agreement to which you are subject.
The Site provides information about Aprize, PBC and the products and services we offer, including the Donor Insight Report, the Economic Impact Platform (in beta), and related thought leadership. The Site may include forms that allow you to request information, schedule conversations, join waitlists, or otherwise contact us.
Specific products and engagements may be governed by separate written agreements between Aprize and the contracting organization. In the event of a conflict between such an agreement and these Terms, the separate agreement controls with respect to that engagement.
The Site does not currently require account registration. If we offer authenticated portals or accounts in the future, additional terms may apply. You agree to provide accurate, current, and complete information when you submit a form or otherwise communicate with us, and to update such information as needed.
Subject to your compliance with these Terms, Aprize grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site for lawful, professional purposes related to evaluating or engaging Aprize products and services. You may print or download reasonable portions of the Site for your internal reference, provided you preserve all copyright and other proprietary notices.
You agree not to:
Content on the Site, including blog posts, white papers, news, webinars, report previews, and other thought leadership, is provided for general informational purposes only. It is not intended as, and does not constitute, legal, tax, accounting, investment, fundraising, regulatory, or other professional advice. You should consult qualified professionals before making decisions based on Site content. Past results do not guarantee future outcomes, and Aprize does not warrant any specific fundraising, philanthropic, or programmatic result.
The Site and all content available through it (including text, graphics, logos, images, audio, video, software, and the selection, arrangement, and design of the foregoing) are owned by Aprize, PBC or its licensors and are protected by U.S. and international intellectual-property laws. The Aprize name, logo, and brand elements are trademarks of Aprize, PBC. You may not use any of these marks without our prior written permission, except for nominative fair use to refer to Aprize accurately.
Other product and company names referenced on the Site may be trademarks of their respective owners. Nothing in these Terms grants you any right or license to use any third-party trademark.
If you provide Aprize with suggestions, comments, ideas, improvements, or other feedback regarding the Site or our products or services ("Feedback"), you grant Aprize a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose, without obligation or compensation to you.
The Site may contain links to third-party sites, services, or resources that are not owned or controlled by Aprize. Aprize is not responsible for the content, accuracy, availability, privacy practices, or terms of any third-party site or service. Your use of any third-party site or service is at your own risk and subject to that third party's terms and policies.
The Site and all content, products, and services offered through it are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied. To the fullest extent permitted by applicable law, Aprize, PBC and its affiliates, officers, employees, agents, partners, and licensors disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, and quiet enjoyment.
Aprize does not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, that defects will be corrected, or that any content (including any analytical output, ranking, classification, or recommendation) will be accurate, complete, current, or suitable for your purposes. Any reliance you place on Site content is strictly at your own risk.
To the fullest extent permitted by applicable law, in no event will Aprize, PBC or its affiliates, officers, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, donor relationships, fundraising results, business opportunities, or other intangible losses, arising out of or related to your access to or use of (or inability to access or use) the Site or any content, product, or service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Aprize has been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, the aggregate liability of Aprize, PBC and its affiliates, officers, employees, agents, partners, and licensors arising out of or related to these Terms or your access to or use of the Site will not exceed the greater of (a) the total amounts paid by you to Aprize in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless Aprize, PBC and its affiliates, officers, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to (a) your violation of these Terms, (b) your use of the Site, (c) your violation of any law or any right of any third party, or (d) any information, content, or material you submit through the Site.
Aprize reserves the right to modify, suspend, or discontinue the Site or any portion of it, including features, functionality, hours of availability, or specific content, at any time and without notice or liability to you. Aprize is not liable to you or to any third party for any such modification, suspension, or discontinuation.
We may also modify these Terms from time to time. The "Last updated" date above reflects the date of the most recent revision. For material changes, we will provide a more prominent notice (such as a banner on the Site). Your continued use of the Site after a revised version of the Terms takes effect constitutes acceptance of the revised Terms.
Aprize may suspend or terminate your access to the Site at any time, with or without notice, for any reason or no reason, including if Aprize believes that you have violated these Terms. You may stop using the Site at any time. Upon termination, all provisions of these Terms that by their nature should survive (including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution) will survive.
These Terms and any dispute arising out of or related to these Terms or the Site are governed by the laws of the State of Delaware, U.S.A., without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution. Before filing any formal proceeding, you and Aprize agree to attempt in good faith to resolve any dispute by sending written notice to the other party describing the dispute and the relief sought. Notice to Aprize must be sent to admin@aprize.org with the subject line "Dispute Notice." The parties will then negotiate in good faith for at least thirty (30) days.
Mediation. If the dispute is not resolved through informal negotiation, the parties agree to attempt to resolve the dispute through non-binding mediation administered by a mutually agreed neutral mediator located in or willing to convene in Delaware. Each party will bear its own costs and an equal share of any mediator fees.
Courts. If the dispute is not resolved through mediation, the dispute will be brought exclusively in the state or federal courts located in Delaware, and the parties consent to the personal jurisdiction and venue of such courts for that purpose.
To the fullest extent permitted by applicable law, you and Aprize each waive any right to participate in a class, collective, consolidated, or representative action against the other, and each waive any right to a jury trial in any proceeding arising out of or related to these Terms or the Site. Any dispute must be brought in an individual capacity only.
Entire agreement. These Terms (together with the Privacy Policy and any separate written agreement governing a specific engagement) constitute the entire agreement between you and Aprize with respect to the Site and supersede any prior or contemporaneous understandings.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
No waiver. Aprize's failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms or any rights or obligations under them without Aprize's prior written consent. Aprize may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
Force majeure. Aprize is not liable for any failure or delay in performance to the extent caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, labor disputes, governmental action, internet or utility outages, and pandemics.
Notices. Notices to Aprize must be sent to admin@aprize.org. Notices to you may be provided by email to the address you have provided to us, by posting on the Site, or by any other method permitted by law.
Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
Questions about these Terms? Contact us at:
Aprize, PBC
Attn: Legal
8 The Green Ste B, Dover, Delaware, 19901, USA
Email: admin@aprize.org