zenbusiness

ZenBusiness PBC COVID-19 Grant T&C’s

by Team ZenBusiness

- April 21, 2020 3:43 pm

WHAT IS THE ZENBUSINESS PBC COVID-19 GRANT PROGRAM?

We’re working hard at ZenBusiness PBC to support our customers during this difficult time.

PBC is a public benefit corporation and core to our mission is to provide support to our community of customers.

ZenBusiness PBC will award grants of $1000 to the recipients of the ZenBusiness PBC COVID-19 Grant.

WHO CAN APPLY?

This grant is open only to: (1) citizens or permanent residents of the United States who are at least eighteen (18) years of age at the time of their submission; and (2) private entities that are registered in and maintain a primary place of business in the United States.

Applicants must be current customers with an active annual recurring subscription. Your business must produce products or deliver services that are positive and solve a problem or meet a need in your community. Only one entry per entrant and winners of a previous award are not eligible to re-apply for another grant.

To apply, eligible applicants can visit the Grant Program application page and follow the instructions to complete and submit the Grant Program application form and provide all required information.

ZenBusiness PBC reserves the right to reject and/or disqualify any application for a business that, at the sole discretion of ZenBusiness PBC, is deemed to be hateful, violent, obscene, defamatory, discriminatory (based on age, race, gender, religion, natural origin, physical disability, sexual orientation, or political affiliation), profane, offensive, explicit, or is otherwise not aligned with the values of ZenBusiness PBC.

SELECTION PROCESS

The grant award review process will be done in three steps: (1) An initial screening to ensure the applicant meets the eligibility requirements referenced in these terms & conditions. (2) Evaluation by a group of ZenBusiness PBC staff of: (a) what inspired you to start your business and (b) how your business helps your community. 3) ZenBusiness PBC shall conduct due diligence to ensure applicant is an entity in good standing in their state of registration, or a U.S. citizen, as appropriate per applicant and that applicant is engaging in a positive business.

Awarded applicants will be notified of their grant award on a rolling basis via email or telephone. The awarded amount will be delivered in a single up-front payment.

GENERAL RULES

A grant award should not be construed to create a partnership, endorsement, joint venture, or employer- employee relationship. Grant recipient: (1) is not an agent of ZenBusiness PBC; (2) is not authorized to make any representation, contract, or commitment on behalf of ZenBusiness PBC; (3) is not being endorsed by ZenBusiness PBC and may not advertise that they have been endorsed by ZenBusiness PBC and (4) will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority with respect to receipt of a grant award.

By submitting an Application (except where prohibited by law), each entrant grants ZenBusiness PBC permission to use, publish, post or display the individual Applicant’s name, photograph, likeness, biographical information, any quotes attributable to her or him, organization name and logo, for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to her or him, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), worldwide, without any limitation of time, and without notice, review, or approval. Entrant waives any right to inspect or approve any such use.

The grant recipient must agree to a follow up meeting approximately thirty (30) days after the award has been received. The purpose of the meeting is a post-award interview to learn how the grant helped the recipient’s business.

Requests for award confirmations cannot be accommodated. Businesses that are selected will be contacted directly and grant recipients will be published on ZenBusiness.com.

Recipients shall be issued a form 1099-MISC (or other applicable form as needed) to reflect all payments made pursuant to this program.

At no time (i.e., indefinitely) shall an applicant or recipient (i) make any statements, or take any other actions whatsoever, to disparage, defame, sully or compromise the goodwill, name, brand or reputation of ZenBusiness PBC or any of its affiliates (collectively, the “Company Goodwill”) or (ii) commit any other action that could likely injure, hinder or interfere with the Business, business relationships or Company Goodwill of ZenBusiness PBC or its affiliates.

LIMITATION OF LIABILITY

EACH PARTICIPATING INDIVIDUAL AND ORGANIZATION AND EACH OF ITS AGENTS AND

REPRESENTATIVES, AGREES TO RELEASE AND HOLD HARMLESS THE GRANT PROGRAM ENTITIES, AFFILIATES, REPRESENTATIVES, CONSULTANTS, LEGAL COUNSEL, ADVERTISING,

PUBLIC RELATIONS, PROMOTIONAL, AND MARKETING AGENCIES (COLLECTIVELY, THE “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER ASSOCIATED WITH PARTICIPATION IN THIS GRANT PROGRAM, INCLUDING, WITHOUT LIMITATION, FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY GRANT, OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY GRANT- OR GRANT PROGRAM-RELATED ACTIVITY. EACH GRANT RECIPIENT AGREES THAT THE GRANT IS PROVIDED AS-IS WITHOUT ANY WARRANTY,
REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO ITS USE OR ENJOYMENT, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE TREATMENT OF THE GRANT FOR TAX PURPOSES. BY PARTICIPATING IN THIS GRANT PROGRAM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ZENBUSINESS PBC IS NOT A TAX EXPERT AND MAKES NO REPRESENTATIONS AS TO THE TAXABILITY OF ANY GRANT AWARDED PURSUANT TO THIS PROGRAM.

DISPUTES/GOVERNING LAW

Except where prohibited by law, any and all disputes, claims, and causes of action between an applicant and any Released Party arising out of or connected with this Grant Program or these Terms must be resolved individually, without resort to any form of class action or legal action on behalf of any group. Further, in any such dispute, under no circumstances will an applicant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and each applicant further waives all rights to have damages multiplied or increased.

This Grant Program and any dispute arising under these Terms or related to these Terms or the Grant Program (whether for breach of contract, tortious conduct, or otherwise) will be governed by the internal laws of the State of Texas, U.S.A., without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of the laws of any other jurisdiction. Any legal actions, suits or proceedings related to this Grant Program (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the state or federal courts located in or having jurisdiction over Travis County, Texas, U.S.A., and each applicant accepts and submits to the personal jurisdiction of those courts with respect to any legal actions, suits or proceedings arising out of or related to this Grant Program.

FORCE MAJEURE:

Neither ZenBusiness PBC nor Applicant shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes

may include but are not limited to fires, floods, earthquakes, pandemics, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, national disasters, or any other unforeseen circumstance beyond the reasonable control of the Party whose performance is affected that renders performance under this Agreement as illegal or impossible.

ENTIRE AGREEMENT:

These Terms, together with any other legal notices or additional terms and conditions or policies published by ZenBusiness PBC, shall constitute the entire agreement between Applicant and ZenBusiness PBC concerning the grant. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

SECTION HEADINGS:

The section headings in these Terms are for convenience only and have no legal or contractual effect.

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