Effective March 27, 2017
By accessing or using the website available at www.theglobalfight.org (the “Site”), you agree to these Terms & Conditions (“Terms”), as they may be updated from time to time. Your use of this Site after any revision to these Terms signifies your acceptance of the Terms effective at that time. You are responsible for regularly reviewing these Terms for updates and/or changes. If you do not agree with the Terms or cannot enter into a legally binding agreement, then you may not access or use the Site.
- Limited License. Unless otherwise noted, the Site and all information and content that you see, hear, or otherwise experience on the Site (collectively, “Content”) are intellectual property owned, controlled or licensed by Friends and are protected by U.S. and international copyright and trademark laws. The compilation of all Content in this Site is the exclusive property of Friends and is also protected by U.S. and international copyright laws. Friends’ trademarks, service marks, trade names, domain names, trade dress and other proprietary logo and indicia are the property of Friends. All other marks are the property of their respective organizations. Ownership of all trademarks and the goodwill associated therewith remains with Friends or their respective organizations, as the case may be. Friends grants you a limited, personal, non-exclusive, non-transferable license to use the Site and the Content solely for your personal, non-commercial use in accordance with these Terms.
- Restrictions. You shall not (i) copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; (ii) modify or alter the Content in any way, or delete or change any proprietary notice; (iii) access or attempt to access the Site or Content using any interface aside from the one provided by the Site; (iv) modify, circumvent, defeat or tamper with any technological measures employed to control access or otherwise provide security to any aspect of the Site, or attempt to do any of the foregoing; (v) post, submit or distribute unlawful, obscene, abusive, defamatory or offensive materials on, to or through the Site; or (vi) use the website in a manner that may violate the privacy or proprietary rights of third parties or any applicable law.
- Third Party Content. The Site may contain links or references to other websites maintained by third parties over whom Friends has no control. Such links are provided merely as a convenience. Similarly, the Site may be accessed from third party links over which Friends has no control. Friends makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Friends. If you decide to access any third-party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and privacy policies of such websites.
- Donations. When you make a donation through the Site, you will be redirected to an independent third party to process the donation. The third party will collect your personal information, using its own service providers to complete the transaction, and ultimately remit the donation to us, less a transaction fee. You hereby consent to the collection, processing and handling of the personal information that you submit in connection with your donation by such third parties in accordance with their respective practices.
- Changes, Discontinuation and Termination. Your rights under these Terms will automatically terminate if you fail to comply with any of the terms herein. In the case of termination, you must cease all use of the Site and its Content. Friends reserves the right to modify, suspend or discontinue your access to the Site for any reason without notice, in its sole discretion. Friends has no obligation to provide, and may change the form or nature of, the Site. Friends will have no liability whatsoever to you or any third party for any failure or discontinuation of the Site, or for modifying, suspending or discontinuing your access to the Site.
- Disclaimer of Warranties. THE SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMITTED BY LAW, FRIENDS HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. FRIENDS DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ALL TIMES, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE SITE CAN OR WILL BE CORRECTED.
- Limitation of Liability. In the event you are dissatisfied with, or dispute, these Terms or the Site, your sole right and exclusive remedy is to terminate your use of the Site, even if that right or remedy is deemed to fail its essential purpose. You confirm that Friends has no other obligation, liability or responsibility to you or any other party. IN NO EVENT WILL FRIENDS, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF TIME, LOSS OF GOODWILL OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ITS SUBJECT MATTER, YOUR USE OF OR INABILITY TO USE THE SITE, OR YOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SITE, REGARDLESS OF WHETHER FRIENDS OR ITS LICENSORS KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FRIENDS’ AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for direct, incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Friends may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Friends’ liability will be limited to the fullest extent permitted by applicable law.
- Indemnification. You agree to indemnify, defend and hold harmless Friends, its affiliates, subsidiaries, directors, officers, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms, to the fullest extent allowed by law.
- Compliance with Laws. The Site is intended to comply with the laws and regulations in the United States and is intended for use only by residents of the United States. Other countries may have laws and regulatory requirements that differ from those in the United States. Any portion of this Site is void where prohibited.
- Governing Law. These Terms are governed by the laws of the District of Columbia, USA, as such laws apply to contracts between District of Columbia residents entered into and performed entirely in District of Columbia, notwithstanding your place of residency or District of Columbia conflicts of law provisions. You agree that any dispute arising from or relating to these Terms will be brought exclusively in a court of competent jurisdiction, federal or state, located within the District of Columbia, and in no other jurisdiction, and you hereby consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, such court.
- Miscellaneous. If any provision of these Terms is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of these Terms will remain in full force and effect. Failure by Friends to enforce any right with respect to a breach hereunder will not constitute a waiver by Friends of the right to enforce rights with respect to the same or any other breach. These Terms constitute the entire agreement between you and Friends with respect to, and supersedes any previous oral or written communications or documents (including any agreement that may have been included with an earlier version of the Site) concerning, the subject matter of these Terms. In no event will any additional or inconsistent term in any purchase order or similar document submitted by you modify the terms of these Terms.
- How to Contact Us. If you have any questions or concerns regarding the Site, please contact us at:
Friends of the Global Fight Against AIDS, Tuberculosis and Malaria
1634 Eye Street NW
Washington, DC 20006