TERMS AND CONDITIONS

Effective Date: June 16, 2009

Thank you for visiting the website of Philanthropedia, legally known as Nonprofit Knowledge Network ("NKN", "we" or "us"). By accessing this website (the "Site"), you agree to accept the following Terms of Use pertaining to the use of the Site, which constitute a legal agreement between you and NKN, as well as our Privacy Policy. If you do not accept these Terms of Use, you may not use the Site.

These Terms and Conditions may be updated by us at any time. Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms and Conditions as modified.

Permitted Uses of Our Site and Content

All Content on our Site is the intellectual property of NKN or other parties, and is protected by copyright and other intellectual property law. We have listed below the permitted uses of our Content by Internet Site visitors. We reserve the right to change our permitted uses at any time.

You may copy and print individual pages of our Site. However, you may not extract, copy or download a large portion of the Content, such as by a bot, webcrawler, scraper, spider or other device that "harvests" portions of the Site. Any copies of our Site pages must not remove any copyright, trademark or other proprietary notices or other legends. You may not alter or modify the Content in your copies. You may use and print minimal copies of our Content solely for your personal, non-commercial purposes. Unless you receive our permission in advance, you may not make more than minimal copies of our Content, exploit any of our Content commercially, forward it as a mass distribution, or post it on another Site.

Submissions

We welcome any questions, comments or other content you choose to submit to us through the Site (including through e-mail links). To avoid any misunderstandings, please be advised that we have the right to (and to allow others to) use, copy and distribute any questions, comments or other content you submit to us, without compensating or notifying you.

Prohibited Uses of Our Site and Content

NKN has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you.

You may not display this Site as "framed" within another website. You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property, privacy or publicity, or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others, through this Site.

You may not: send through this Site any materials or communications that are unlawful or defamatory, indecent, harassing, or otherwise objectionable in our sole discretion; transmit any virus, worm, time bomb or similar system interference or corruptant through this Site; or use this Site to engage in any other unauthorized or unwelcome online conduct.

We reserve the right to change or supplement our policies as to prohibited uses at any time.

Trademarks

"Nonprofit Knowledge Network", "The Hub for Smart Donors", and certain other marks displayed on this Site are trademarks and service marks of NKN. You may not use any of NKN's trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or your affiliates or are used with NKN's consent. All other trademarks or service marks on the Site that are not owned by NKN are the property of their respective owners.

Links to Other Websites

This Site may contain links to, or may be linked from, other websites that are not maintained by us. NKN does not endorse, have any responsibility for, or make any representations about, any other websites, including their products and services, content, communications and website use policies. NKN expressly disclaims any responsibility for your access to or use of such other websites.

No Offer or Advice

The Content is provided for informational purposes only and does not constitute an offer to sell or buy any securities and may not be used or relied upon in connection with any offer or sale of securities. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.

NKN is not utilizing the Site to provide investment or other advice, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs.

International Use

The information or materials provided in or accessible through the Site are, unless otherwise specified, directed at residents of the United States, and are not intended for distribution to, 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 NKN to any registration or other requirement within such jurisdiction or country. NKN reserves the right to limit access to the Site to any person, geographic region or jurisdiction. Unless otherwise expressly set forth herein, NKN makes no representations that transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users, or that access by any user in the place it is located is not illegal or prohibited. Users who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials on the Site under the laws of any applicable jurisdictions. You may not use or export the information or materials on the Site or accessible through the Site in violation of U.S. laws and regulations.

Governing Law/Forum

The laws of the State of California govern these Terms of Use. You agree that any dispute arising under or in connection with these Terms of Use shall be resolved by the courts located in or serving Santa Clara County, California, and you consent to the exclusive jurisdiction and venue of these courts. You agree that any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises or will be deemed to have been waived.

Password and Security Notification

Certain areas of the Site are password protected and are only accessible to those who have a valid NKN-issued password. You may not attempt to access any password protected areas of the Site without authorization. In the event that you have been issued such a password, you acknowledge and agree that NKN has granted you limited access to specific files pertaining to information relevant to you, and you agree not to attempt to access other computer files. Accordingly, you should take steps to protect the confidentiality of your password. You should notify NKN immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

Disclaimer and Indemnity

NKN and its officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively "Related Persons") make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability or other characteristics of the information or materials presented on the Site. Such information or materials are provided "as is" and "as available" and, to the fullest extent permissible pursuant to applicable law, NKN specifically disclaims any and all warranties of any kind, express or implied, including but not limited to all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy or completeness. NKN does not warrant that the information in this Site is accurate, reliable or correct, that this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful components. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Site or made via the Site may not be secure. Decisions based on information or materials contained on the Site are the sole responsibility of the user, and as consideration for access to the Site, you agree to indemnify and hold harmless NKN and its Related Persons from and against any claims whatsoever and of any nature for damages, losses and causes of action, including but not limited to actions by third parties against you, NKN or any of its Related Person, arising out of or in connection with any decisions that you make based on such information or materials, your use of the Site, or your violation of our website policies. You also agree to indemnify and hold harmless NKN and its affiliates and their employees, agents and representatives from any and all liabilities, damages, losses, claims, expenses and fees resulting from your violation of our website policies.

Integration and Severability; Waiver

This Agreement represents the entire agreement between NKN and the user relating to the subject matter herein. If, for any reason, a court of competent jurisdiction finds any provision in this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder shall continue in full force and effect.

No waiver by NKN of any right under or term or provision of this Agreement will be deemed a waiver of any other right, term, or provision of this Agreement at that time or a waiver of that or any other right, term, or provision of this Agreement at any other time.

© 2009, Nonprofit Knowledge Network. All Rights Reserved.


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