Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the Bridges Philanthropic Fund (“BPF”, “Company”, “we”, “us”, or “our”) web site and its entire content, features, and functionality therein, including, without limitation, information, data, software, materials, interfaces, content, trademarks, names, slogans, technology, and the compilation, design, selection, and arrangement of the foregoing (together, the “Site”), and are legally binding upon you.

If you do not agree with all these Terms, you may not access or otherwise use the Site or any information contained on the Site.  By accessing or using our Site, you provide your specific, unambiguous, freely-given, and informed consent to these Terms.

The Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you are at least 13 years of age and otherwise legally permitted to use the Site and capable of entering into a binding agreement. If you do not meet these requirements, you must not access or use the Site.

About Bridges Philanthropic Fund

BPF is a nonprofit organization incorporated in the State of Nebraska and recognized as a tax-exempt public charity under Section 501(c)(3) of the Internal Revenue Code.

Contributions to BPF are considered an irrevocable gift and are not refundable. Once contributed, BPF has exclusive legal control over all contributed assets and any proceeds, appreciation, or earnings from such assets.  Recommendations may be made to BPF regarding investments in, and grants from, a donor-advised fund; however, BPF retains final authority with respect to all investments and grants to charities.

Site Content

Accessing the Site may require, without limitation, a stable internet connection and modern internet browser.

You may provide BPF with suggestions, enhancement requests, recommendations, corrections, or other feedback (collectively, “Feedback”). You grant to BPF and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate the Feedback.

BPF reserves the right, in its sole discretion, to update, modify, or remove the features, functionality, or other aspects of the Site at any time.

Account Registration

We reserve the right to withdraw or amend any part of the Site or other service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information in order to create your own account to use certain Site services. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.

Notification of Unauthorized Use

You are responsible for maintaining the confidentiality of your username, password or any other piece of information provided through use of or access to the Site and for restricting access to and disclosure of such information. You also acknowledge that your account is personal to you and agree to not provide any other person with access to the Site or portions of it using your username, password or other security information. You agree to accept responsibility for all activities that occur under your account, including, without limitation, unauthorized usage of your account. You agree to notify us immediately of any actual, threatened, or suspected unauthorized access to or use of your username, password, or account or any other breach of security or unauthorized access to the Site.

Prohibitions

You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms, including, but not limited to, attempting or actually:

  • using the Site (including, but not limited to, data and information regarding nonprofit entities that are made available via the Site (“BPF Data”)) other than as expressly authorized by these Terms without express prior written consent;
  • republishing or distributing any BPF Data or any information from the Site (including, without limitation, by posting the same on any third-party web site);
  • modifying BPF Data or any information from the Site;
  • disassembling, decoding, decompiling, or otherwise reverse engineering any portion of the Site, including, without limitation, any interfaces or software programs comprising or made accessible via the Site;
  • storing, copying, adapting, reproducing, publishing, republishing, modifying, uploading, posting, translating, scraping, renting, leasing, loaning, selling, distributing, sublicensing, granting a security interest in or otherwise attempting to transfer any right, assigning, transmitting, displaying, decompiling, reverse engineering, reverse assembling, deciphering, or otherwise attempting to discover any programming code or any source code used in or with, creating derivative works based on, or in any matter commercially exploiting the materials or the Site, or otherwise distributing in any way the content on the Site other than as specifically permitted herein;
  • adversely affecting BPF’s or any of its affiliates’, agents’, licensors’, service providers’, or other third parties’ business and business prospects, the performance or function of the Site (including any interfaces or software programs comprising or made accessible via the Site), or interfering with the ability of others to access the Site;
  • posting, transmitting, sharing, storing, or otherwise making available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or create liability or violation of any local, state, national, or international law;
  • accessing any portion of the Site (including any interfaces or software programs comprising or made accessible via the Site) without authorization or causing interruptions in the accessibility of the Site;
  • impeding or interfering with the operation of the Site or introducing viruses or any other code, routine, or device into the Site;
  • changing, recompiling, reframing, renting, selling, distributing, publicly displaying, or publishing the Site or the BPF Data, or any portion thereof, or enabling others to do so, except as expressly permitted herein;
  • failing to comply with all applicable laws, regulations, and ordinances in connection with your access to or use of the Site or the BPF Data;
  • infringing, misappropriating, or otherwise violating BPF’s or any third party’s intellectual property rights;
  • using any data mining, robots, or similar data gathering and extraction methods with respect to any portion of the Site or the BPF Data for any purpose, including, but not limited in order to (1) create or compile a database or other collection or aggregation of information regarding not for profit organizations through any method; (2) license, sell, or otherwise make available to others any such database or collection of information regarding not for profit organizations; or (3) to create a service or database that is directly competitive with BPF, its agents, affiliates, licensors, service providers, or any third party.  This prohibition expressly applies to data mining or extraction for use in artificial intelligence, large language models, machine learning, or similar applications without express prior written consent. This obligation will survive the termination or expiration of these Terms;
  • causing BPF to breach any applicable law or any agreement to which BPF is a party;
  • removing metadata that is unique to BPF or any of its agents, affiliates, licensors, services providers, or any third party; or
  • using the Site or any the information, data, software, interfaces, materials, or technology contained or made available therein (including, but not limited to, BPF Data), or permitting it to be used, in connection with hate, discrimination, harassment, or any other malicious or unlawful activity, or otherwise in any manner that may be considered harmful to BPF or any of its agents, affiliates, licensors, service providers, or any third party.

User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, comment sections, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the content standards set out in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us; our affiliates and service providers; and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Contributions for any purpose permitted by applicable law and contract.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license detailed above.
  • All of your User Contributions do and will comply with these Terms.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not BPF, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
  • We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that such User Contributions emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring and Enforcement

We have the right, but not the obligation, to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole and exclusive discretion, including if we believe that such User Contribution violates these Terms, including any content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for BPF.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Intellectual Property

The Site is the property of BPF. Content and materials contained or made available via the Site, unless otherwise indicated, are protected by law, including, but not limited to, copyright, trade secret, and trademark law, in addition to applicable state, national, and international laws and regulations.  Removing or altering the copyright notice on any content or materials made available via the Site is prohibited.

Unless otherwise indicated, BPF does not grant to you any express or implied right(s) to use, copy, reproduce, distribute, transmit, modify, link to or from, frame, create derivative works of, publicly display, publicly perform, republish, download, store, or otherwise exploit such content or materials.

You agree not to download, display or use any part of the Site in connection with products or services that are not those of BPF, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of BPF’s, its licensors’ or its other providers’ property, or that otherwise infringes BPF’s, its licensors’ or its other providers’ intellectual property rights. You further agree to in no other way misuse any part of the Site or third-party content that appears on the Site.

Names, logos, product and service names, trademarks, service marks, trade names, designs, and slogans on the Site are the trademarks of their respective owners.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of any materials you have made. No right, title or interest in or to any part of the Site is transferred to you, and all rights not expressly granted are reserved by BPF. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at service@bridgesphilanthropicfund.org.

Third Party Sites and Information

The Site may feature links, materials, information, products, and/or services which are provided or made available by third parties.  Any such information is that of the respective third party and not of BPF.  BPF makes no representation or warranty with respect to, nor does it guarantee, endorse, support, sanction, or verify the quality, non-infringement, accuracy, completeness, timeliness, or reliability of any third-party sites, materials, information, products, or services.  Any information that you share with or actions you take on third-party sites are governed by such third-party sites’ terms of use and privacy practices, which you are encouraged to carefully review.

Risk Assumption

Your use of the Site is solely at your own risk, and subject to applicable local, state, national and international laws and regulations, as applicable.  BPF is not responsible for the security of any information transmitted via the internet, the accuracy of information contained within the Site, or the consequences of any reliance on such information.  BPF shall have no liability for any interruptions or omissions in internet, network, or hosting services.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, including the User Contributions. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by BPF, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BPF. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

No Investment, Tax, Accounting, or Legal Advice

BPF does not provide investment, legal, accounting, or tax advice.  Please consult a qualified advisor where such advice is necessary or appropriate.

Information and materials made available through the Site are solely for convenience, educational, and/or informational purposes and do not constitute investment, tax, accounting, or legal advice and should not be relied upon in that respect.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL BPF BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF BPF’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 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 BPF OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

MOREOVER, BPF AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OR INJURY ARISING FROM, RELATED TO, OR OTHERWISE IN CONNECTION WITH THE SITE, 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 FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE OR ITS CONTENT, WHETHER RESULTING, IN WHOLE OR IN PART, FROM BPF’S OR ITS SERVICE PROVIDERS’ BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISE.

IF YOU LIVE IN A JURISDICTION THAT DOES NOT PERMIT THE FOREGOING LIMITATIONS, IN NO EVENT SHALL BPF’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 THE SITE.

Disclaimer

BPF MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SITE (INCLUDING, BUT NOT LIMITED TO, THE BPF DATA), AND SPECIFICALLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR REPRESENTATION THAT THE SITE IS VIRUS-FREE OR ERROR FREE, THAT THE SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR USE OF THE SAME WILL RESULT IN ANY PARTICULAR RESULTS.  THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH ENJOYMENT OF ANY INFORMATION OR AGAINST INFRINGEMENT.  THE SITE (INCLUDING, BUT NOT LIMITED TO, BPF DATA) IS PROVIDED “AS IS” AND “WITH ALL FAULTS.”  BPF HAS MADE AND MAKES NO OTHER WARRANTIES, AND DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT, NONINTERFERENCE, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THAT ANY INFORMATION, EFFORTS, SERVICES, OR SYSTEMS PROVIDED BY BPF OR ANY OF ITS AFFILIATES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR OTHER THIRD PARTY WILL FULFILL ANY PARTICULAR PURPOSES OR NEEDS.  BPF MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO ANY THIRD-PARTY SOFTWARE, INFORMATION, OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY’S SOFTWARE, INFORMATION, AND/OR EQUIPMENT.  USERS OF THE SITE ASSUME THE RISK OF ANY AND ALL DAMAGES AND THE COST OF ANY AND ALL NECESSARY SERVICES, REPAIRS, OR CORRECTIONS OF COMPUTERS AND RELATED EQUIPMENT ARISING FROM USE OF THE SITE.

Indemnification

You agree to indemnify and hold harmless BPF, its affiliates, service providers, licensors, and their respective officers, directors, employees, representatives, agents, successors, and assigns from and against any claims, damages, liabilities, costs, and expenses (including, but not limited to, attorneys’ fees and court costs) arising out of or related to the Site and/or these Terms.

Location

The Site is hosted in the United States, is intended for exclusive use by residents of the U.S., and is subject to U.S. law. If you are accessing the Site from outside the United States, please be advised that U.S. law may not offer the same protections as the laws of your jurisdiction. Users who choose to access the Site from jurisdictions or locations other than the United States do so at their own initiative and are responsible for any applicable local laws.

Agency

Nothing hereunder shall be construed to give you the power to act as an agent of BPF.

Our Communications to You

BPF may send electronic mail or otherwise contact you for the purpose of advising you about our products or services, including changes or additions to our products or services, or for such other purpose(s) as BPF deems appropriate. Upon the receipt of these communications, you will have the option to opt-out or unsubscribe from future electronic mail notifications. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Arbitration

At BPF’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning the Terms’ interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Nebraska law.

Governing Law

These Terms are governed and interpreted in accordance with the laws of the State of Nebraska, without reference to its conflict of laws principles.  You hereby consent to the exclusive jurisdiction of the state or federal courts located in the State of Nebraska, or the United States District Court for the District of Nebraska, in any action arising out of or relating to these Terms.

EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL FOR ALL CLAIMS, INCLUDING COUNTERCLAIMS AND TORT CLAIMS, WHICH RELATE TO THE SUBJECT MATTER OF THESE TERMS.

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THESE TERMS, AND/OR THE SUBMISSION OF AND/OR OUR USE OR DISTRIBUTION OF CONTENT, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by BPF of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BPF to assert a right under these Terms shall not constitute a waiver of such provision.  If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms shall remain in full force and effect.

Assignment

You may not assign or delegate your rights or obligations under these Terms, in whole or in part, without BPF’s prior written consent, and any such assignment without such consent shall be null and void.  BPF may assign or delegate its rights and obligations under these Terms, in whole or in part, without your consent.  These Terms shall inure to the benefit and burden of the parties hereto and their permitted successors and assigns.

Termination

BPF may terminate your access to all or any portion of the Site, in addition to any related services at any time, for any reason whatsoever, including, but not limited to, your breach of any of these Terms.

Entire Agreement

These Terms and the documents incorporated by reference herein constitute the entire agreement between you and BPF regarding the Site.

Modification

BPF may modify these Terms at any time by posting a revised version on the Site.  The most current Terms will be effective upon posting.  You are encouraged to review these Terms from time to time.  Your continued use of the Site shall be deemed to be your agreement to abide by the Terms, as they may be amended from time to time, and all applicable federal, state, and local laws and regulations.  As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms.

Questions

For any questions or additional information regarding these Terms, please contact service@bridgesphilanthropicfund.org or call 402-397-5995.

Last Updated: [03/19/2025]