Last Updated: December 15, 2024
Welcome to the Esther L Heit Foundation (ELH Foundation) website. By accessing and using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must not use our website or services.
These Terms of Service constitute a legally binding agreement between you and the ELH Foundation, a private grantmaking foundation dedicated to philanthropy, voluntarism, and supporting religious organizations and charitable causes. Your continued use of this website signifies your acceptance of these terms and any modifications we may make from time to time.
The ELH Foundation reserves the right to update, modify, or replace any part of these Terms of Service at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
This website is provided for informational purposes regarding the ELH Foundation's philanthropic activities, grantmaking programs, and voluntarism initiatives. You may use this website to learn about our foundation, explore our services, review our grantmaking criteria, and contact us regarding potential partnerships or grant applications.
You agree to use this website only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.
You expressly agree not to engage in any of the following prohibited activities:
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to this website are protected under applicable copyrights, trademarks, and other proprietary rights. The copying, redistribution, use, or publication by you of any such matters or any part of the website is strictly prohibited without our express written permission.
All trademarks, service marks, and trade names displayed on this website are proprietary to the ELH Foundation or their respective owners. Nothing contained on this website should be construed as granting any license or right to use any trademark without the written permission of the ELH Foundation or the third party that owns the trademark.
The ELH Foundation name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the ELH Foundation. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.
Information provided on this website regarding our grantmaking programs, eligibility criteria, and application procedures is for general informational purposes only. Submission of a grant application does not guarantee approval or funding. The ELH Foundation reserves the right to accept or reject any application at our sole discretion, without providing reasons for our decision.
All grant applications must be submitted in accordance with our published guidelines and deadlines. Incomplete applications or those submitted outside of designated application periods may not be considered. The foundation's board of directors makes final determinations on all grant awards based on alignment with our philanthropic mission, available funding, and strategic priorities.
Organizations receiving grants from the ELH Foundation must comply with all terms and conditions specified in their grant agreement. This includes proper use of funds, timely reporting requirements, acknowledgment of the foundation's support, and compliance with all applicable laws and regulations governing nonprofit organizations and charitable activities.
The ELH Foundation reserves the right to request documentation, conduct site visits, and require periodic reports from grantees to ensure proper use of funds and achievement of stated objectives. Failure to comply with grant terms may result in suspension or termination of funding and may affect eligibility for future grants.
Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. By using this website, you consent to the collection and use of information as described in our Privacy Policy.
We implement appropriate technical and organizational measures to protect the personal information we collect and process. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security of your information. You acknowledge and accept the inherent security risks of providing information and dealing online over the internet.
If you provide us with personal information about other individuals (such as references or organizational contacts), you represent that you have the authority to do so and permit us to use the information in accordance with our Privacy Policy. You must ensure that any such individuals are aware of and consent to the disclosure of their information to us.
This website may contain links to third-party websites or services that are not owned or controlled by the ELH Foundation. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the ELH Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. The inclusion of any link does not imply endorsement by the ELH Foundation of the linked site or any association with its operators. Your use of any linked website is entirely at your own risk.
This website and all information, content, materials, products, and services included on or otherwise made available to you through this website are provided on an "as is" and "as available" basis, unless otherwise specified in writing. The ELH Foundation makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, products, or services included on or otherwise made available to you through this website.
To the fullest extent permissible by applicable law, the ELH Foundation disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website, its servers, or communications sent from the foundation are free of viruses or other harmful components.
The ELH Foundation does not warrant that the website will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or other harmful components. The foundation does not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise.
In no event shall the ELH Foundation, its directors, officers, employees, agents, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the website; any conduct or content of any third party on the website; any content obtained from the website; or unauthorized access, use, or alteration of your transmissions or content.
This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the ELH Foundation has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you are dissatisfied with any portion of the website or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the website. The maximum aggregate liability of the ELH Foundation for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you, if any, for accessing this website.
You agree to defend, indemnify, and hold harmless the ELH Foundation, its directors, officers, employees, agents, affiliates, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the website caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service and your use of the website. You acknowledge that you have read these Terms of Service and agree to all its terms and conditions. By accessing and using the website, you agree to be bound by these Terms of Service. If you do not agree to abide by the terms of these Terms of Service, you are not authorized to access or use the website.
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and the ELH Foundation for any purpose concerning these Terms of Service or the parties' obligations hereunder shall be brought exclusively in the federal or state courts located in Lewis and Clark County, Montana.
You hereby consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.
The ELH Foundation reserves the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms.
We encourage you to review these Terms of Service periodically to stay informed of updates. Your continued use of the website following the posting of revised Terms of Service means that you accept and agree to the changes. If you do not agree to the new terms, you are no longer authorized to use the website.
If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed from these Terms of Service, and the remaining provisions shall continue in full force and effect.
No waiver by the ELH Foundation of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by the foundation to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the website, constitute the entire agreement between you and the ELH Foundation concerning your use of the website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the foundation with respect to the website.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions about these Terms of Service, please contact us using the information below. We are committed to addressing your concerns and providing clarification on any aspect of these terms.
By using the ELH Foundation website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.