Terms and Conditions
Read this Terms and Conditions of Use Agreement (“Agreement”) before using the www.refugeeconnect.org Web site (the “Site”).
Your access to and use of the Site is provided subject to this Agreement. By using any part of the Site, you agree to these terms and conditions.
The Site is owned and operated by RefugeeConnect (“RefugeeConnect”). RefugeeConnect would like to thank you for visiting the Site.
Effective Date: This Agreement is effective as of April 6, 2016.
I. Jurisdiction
RefugeeConnect makes no representation that the Site, including its information, services and content, are appropriate or available for use outside the United States except as provided in RefugeeConnect’s Privacy Policy, which you can review by clicking on the “Privacy Policy” link located at www.refugeeconnect.org. Those who choose to access the Site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local U.S. laws are applicable.
II. Your Responsibilities
You acknowledge that you are responsible for whatever material you submit to the Site, including its legality, reliability, appropriateness, originality, or copyright. If RefugeeConnect makes available a discussion group or bulletin board on this Site, you warrant that your use of such features is for lawful purposes only, as outlined below.
By placing or downloading material on the Site, including intellectual property, documents, text, images, audio files or other audio-visual content to the Site (“User Content”), you represent and warrant: (a) You own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under this Agreement; and (b) the User Content will not cause injury to any person or entity.
Without limitation, you may not submit to or transmit through this Site any material, or otherwise engage in any conduct that:
(a) violates or infringes the rights of RefugeeConnect or others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, proprietary and/or intellectual property rights;
(b) is inaccurate, unlawful, discriminatory, threatening, abusive, harmful, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, offensive, or otherwise objectionable to RefugeeConnect or other users of the Site;
(c) victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;
(d) collects, stores, and/or discloses personal data about other others unless specifically authorized by such others;
(e) impersonates any person, business or entity, including RefugeeConnect, and RefugeeConnect’s employees and agents;
(f) misrepresents your affiliation with a person or entity;
(g) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
(h) attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining, or any other means;
(i) transmits spam, bulk or unsolicited communications or posts third-party advertisements;
(j) that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations or other government requirements or rules having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm, or that otherwise could constitute a criminal offense or give rise to civil liability;
(k) violates this Agreement, guidelines, or any policy RefugeeConnect posts on the Site; or
(l) disrupts the normal flow of dialogue or negatively affects or interferes with other users’ ability to use the Site.
You acknowledge that RefugeeConnect has the right (but not the obligation), in RefugeeConnect’s sole discretion, to view, move, remove, block, edit, or refuse any Content, including User Content, for any reason, including, without limitation, that such User Content violates this Agreement or is otherwise objectionable.
III. Rights in your Content; Unsolicited Communications
For content that is covered by intellectual property rights, like photos, videos, and audio (“IP content”), you specifically grant RefugeeConnect a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or transmit to RefugeeConnect through the Site or by e-mail (“IP License”), subject to any other written agreements signed by RefugeeConnect.
Any communications you send to RefugeeConnect or this Site by e-mail or any other means are not confidential and RefugeeConnect is under no obligation to refrain from reproducing, publishing (except for Personal Information, as defined in RefugeeConnect’s Privacy Policy), or otherwise using them in any way or for any purpose. Section II herein applies to all such communications.
IV. Copyright and Trademark Information
All content posted to the Site by or at the direction of RefugeeConnect, including names, images, logos and pictures identifying services of RefugeeConnect or any of its site designs, text, graphics, interfaces, and the selection and arrangements thereof, is licensed by or is the property of RefugeeConnect and/or its affiliates and is protected by intellectual property rights. Except for personal non-commercial use of materials on the Site, any use, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of RefugeeConnect, is strictly prohibited. Users may copy, download, or print materials contained on the Site for their own non-commercial use, provided that a copyright notice crediting RefugeeConnect appears on all copies and that both the copyright notice and this permission notice appear in supporting documentation, and that the RefugeeConnect name is not used in advertising or publicity pertaining to distribution of this documentation without specific, written prior permission from RefugeeConnect. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any part or all of the Site or the content contained therein without prior written permission of an authorized officer of RefugeeConnect.
RefugeeConnect and its logos and other trademarks are proprietary marks of RefugeeConnect and may not be used in connection with any product or service that is not provided by RefugeeConnect, in any manner that is likely to cause confusion, or in any manner that disparages or discredits us. Nothing contained herein shall be construed as conferring any license or right under any RefugeeConnect patent, copyright, or trademark.
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the Web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with RefugeeConnect or the Site.
V. DISCLAIMER OF WARRANTIES
REFUGEE CONNECT IS NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SITE. THE MATERIALS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REFUGEE CONNECT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
REFUGEE CONNECT MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE OR ITS CONTENT.
REFUGEE CONNECT MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY OF ANY SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT; OR (c) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
REFUGEE CONNECT MAKES NO WARRANTY OR REPRESENTATION THAT ITS HOSTING OF ANY DATA OR INFORMATION COMPLIES WITH LOCAL, STATE, OR FEDERAL RECORDS RETENTION REQUIREMENTS. REFUGEE CONNECT HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
VI. LIMITATION OF LIABILITY
IN NO EVENT WILL REFUGEE CONNECT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF REFUGEE CONNECT HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SITE, SERVICES, OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (e) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SITE.
IN NO EVENT WILL REFUGEE CONNECT’S LIABILITY OR THE LIABILITY OF REFUGEE CONNECT’S LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED $100.
THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
VII. Indemnification
You agree to indemnify and hold RefugeeConnect, its parent, subsidiaries, assigns, agents, attorneys, trustees, trusts, trust beneficiaries, directors, partners, joint venturers, stockholders, affiliates, officers, agents, contractors and employees, harmless from each and any claim or demand, including but not limited to reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your (or other user of the Site using your computer or internet access) infringement of any intellectual property or any other right of any person or entity.
VIII. Termination
Your right to use the Site automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Site. RefugeeConnect also reserves the right, in RefugeeConnect’s sole discretion, to terminate your access to all or part of any of the Site, for any reason, with or without notice.
IX. Privacy Policy
Our Privacy Policy explains the practices that apply to your information. The Privacy Policy is fully incorporated herein by reference. Your ongoing use of this Site signifies your consent to the information practices disclosed in RefugeeConnect’s Privacy Policy. You can review the Privacy Policy by clicking on the “Privacy Policy” link located at www.refugeeconnect.org.
X. Third-Party Sites
Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that RefugeeConnect is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and RefugeeConnect is not responsible for your use of said third-party sites. RefugeeConnect encourages you to review said privacy policies of third-parties’ sites.
XI. Governing Jurisdiction of the Courts in the State of Ohio
This Agreement is governed by and will be construed according to Ohio law, excluding any principles of conflicts of law. In the event of any dispute or controversy arising from this Site, you consent to the jurisdiction of the courts of Hamilton County, Ohio, and of the federal district court of the Southern District of Ohio. You further agree that venue for litigation arising from this Site will be exclusively in the Southern District of Ohio or its counterpart state court.
XII. Entire Agreement
This Agreement represents the entire agreement between you and us. No distributor, agent, or other person is authorized to modify this Agreement or to make any warranty or representation which is different than, or in addition to, the warranties and representations of this Agreement.
XIII. Botnets
RefugeeConnect retains the right, at its sole discretion, to terminate Site access involved with botnets and related activities. If any hostnames are used as command and control points for botnets, RefugeeConnect reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at RefugeeConnect’s discretion.
XIV. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by us, in RefugeeConnect’s sole discretion, to a third party. You agree that by accepting this Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices as described in RefugeeConnect’s Privacy Policy.
You acknowledge and agree that RefugeeConnect may preserve and disclose the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (a) to comply with legal process, such as a court order, search warrant, or subpoena; (b) to enforce the terms of this Agreement; (c) to render service you request; (d) to protect RefugeeConnect’s rights or property; or (e) in circumstances that RefugeeConnect deems, in its sole discretion, to pose a threat to the safety of you or others.
XV. Modifications and Interruption to Service
RefugeeConnect reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site or purchases made after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as expressly stated herein, this Agreement may not be amended.
RefugeeConnect reserves the right to modify or discontinue the Site with or without notice. RefugeeConnect shall not be liable to you or any third party should RefugeeConnect exercise its right to modify or discontinue the Site. You acknowledge and accept that RefugeeConnect does not guarantee continuous, uninterrupted, or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of RefugeeConnect’s control.
Version: 6236725.1
Your access to and use of the Site is provided subject to this Agreement. By using any part of the Site, you agree to these terms and conditions.
The Site is owned and operated by RefugeeConnect (“RefugeeConnect”). RefugeeConnect would like to thank you for visiting the Site.
Effective Date: This Agreement is effective as of April 6, 2016.
I. Jurisdiction
RefugeeConnect makes no representation that the Site, including its information, services and content, are appropriate or available for use outside the United States except as provided in RefugeeConnect’s Privacy Policy, which you can review by clicking on the “Privacy Policy” link located at www.refugeeconnect.org. Those who choose to access the Site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local U.S. laws are applicable.
II. Your Responsibilities
You acknowledge that you are responsible for whatever material you submit to the Site, including its legality, reliability, appropriateness, originality, or copyright. If RefugeeConnect makes available a discussion group or bulletin board on this Site, you warrant that your use of such features is for lawful purposes only, as outlined below.
By placing or downloading material on the Site, including intellectual property, documents, text, images, audio files or other audio-visual content to the Site (“User Content”), you represent and warrant: (a) You own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under this Agreement; and (b) the User Content will not cause injury to any person or entity.
Without limitation, you may not submit to or transmit through this Site any material, or otherwise engage in any conduct that:
(a) violates or infringes the rights of RefugeeConnect or others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, proprietary and/or intellectual property rights;
(b) is inaccurate, unlawful, discriminatory, threatening, abusive, harmful, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, offensive, or otherwise objectionable to RefugeeConnect or other users of the Site;
(c) victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;
(d) collects, stores, and/or discloses personal data about other others unless specifically authorized by such others;
(e) impersonates any person, business or entity, including RefugeeConnect, and RefugeeConnect’s employees and agents;
(f) misrepresents your affiliation with a person or entity;
(g) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
(h) attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining, or any other means;
(i) transmits spam, bulk or unsolicited communications or posts third-party advertisements;
(j) that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations or other government requirements or rules having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm, or that otherwise could constitute a criminal offense or give rise to civil liability;
(k) violates this Agreement, guidelines, or any policy RefugeeConnect posts on the Site; or
(l) disrupts the normal flow of dialogue or negatively affects or interferes with other users’ ability to use the Site.
You acknowledge that RefugeeConnect has the right (but not the obligation), in RefugeeConnect’s sole discretion, to view, move, remove, block, edit, or refuse any Content, including User Content, for any reason, including, without limitation, that such User Content violates this Agreement or is otherwise objectionable.
III. Rights in your Content; Unsolicited Communications
For content that is covered by intellectual property rights, like photos, videos, and audio (“IP content”), you specifically grant RefugeeConnect a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or transmit to RefugeeConnect through the Site or by e-mail (“IP License”), subject to any other written agreements signed by RefugeeConnect.
Any communications you send to RefugeeConnect or this Site by e-mail or any other means are not confidential and RefugeeConnect is under no obligation to refrain from reproducing, publishing (except for Personal Information, as defined in RefugeeConnect’s Privacy Policy), or otherwise using them in any way or for any purpose. Section II herein applies to all such communications.
IV. Copyright and Trademark Information
All content posted to the Site by or at the direction of RefugeeConnect, including names, images, logos and pictures identifying services of RefugeeConnect or any of its site designs, text, graphics, interfaces, and the selection and arrangements thereof, is licensed by or is the property of RefugeeConnect and/or its affiliates and is protected by intellectual property rights. Except for personal non-commercial use of materials on the Site, any use, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of RefugeeConnect, is strictly prohibited. Users may copy, download, or print materials contained on the Site for their own non-commercial use, provided that a copyright notice crediting RefugeeConnect appears on all copies and that both the copyright notice and this permission notice appear in supporting documentation, and that the RefugeeConnect name is not used in advertising or publicity pertaining to distribution of this documentation without specific, written prior permission from RefugeeConnect. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any part or all of the Site or the content contained therein without prior written permission of an authorized officer of RefugeeConnect.
RefugeeConnect and its logos and other trademarks are proprietary marks of RefugeeConnect and may not be used in connection with any product or service that is not provided by RefugeeConnect, in any manner that is likely to cause confusion, or in any manner that disparages or discredits us. Nothing contained herein shall be construed as conferring any license or right under any RefugeeConnect patent, copyright, or trademark.
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the Web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with RefugeeConnect or the Site.
V. DISCLAIMER OF WARRANTIES
REFUGEE CONNECT IS NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SITE. THE MATERIALS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REFUGEE CONNECT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
REFUGEE CONNECT MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE OR ITS CONTENT.
REFUGEE CONNECT MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY OF ANY SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT; OR (c) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
REFUGEE CONNECT MAKES NO WARRANTY OR REPRESENTATION THAT ITS HOSTING OF ANY DATA OR INFORMATION COMPLIES WITH LOCAL, STATE, OR FEDERAL RECORDS RETENTION REQUIREMENTS. REFUGEE CONNECT HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
VI. LIMITATION OF LIABILITY
IN NO EVENT WILL REFUGEE CONNECT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF REFUGEE CONNECT HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SITE, SERVICES, OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (e) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SITE.
IN NO EVENT WILL REFUGEE CONNECT’S LIABILITY OR THE LIABILITY OF REFUGEE CONNECT’S LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED $100.
THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
VII. Indemnification
You agree to indemnify and hold RefugeeConnect, its parent, subsidiaries, assigns, agents, attorneys, trustees, trusts, trust beneficiaries, directors, partners, joint venturers, stockholders, affiliates, officers, agents, contractors and employees, harmless from each and any claim or demand, including but not limited to reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your (or other user of the Site using your computer or internet access) infringement of any intellectual property or any other right of any person or entity.
VIII. Termination
Your right to use the Site automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Site. RefugeeConnect also reserves the right, in RefugeeConnect’s sole discretion, to terminate your access to all or part of any of the Site, for any reason, with or without notice.
IX. Privacy Policy
Our Privacy Policy explains the practices that apply to your information. The Privacy Policy is fully incorporated herein by reference. Your ongoing use of this Site signifies your consent to the information practices disclosed in RefugeeConnect’s Privacy Policy. You can review the Privacy Policy by clicking on the “Privacy Policy” link located at www.refugeeconnect.org.
X. Third-Party Sites
Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that RefugeeConnect is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and RefugeeConnect is not responsible for your use of said third-party sites. RefugeeConnect encourages you to review said privacy policies of third-parties’ sites.
XI. Governing Jurisdiction of the Courts in the State of Ohio
This Agreement is governed by and will be construed according to Ohio law, excluding any principles of conflicts of law. In the event of any dispute or controversy arising from this Site, you consent to the jurisdiction of the courts of Hamilton County, Ohio, and of the federal district court of the Southern District of Ohio. You further agree that venue for litigation arising from this Site will be exclusively in the Southern District of Ohio or its counterpart state court.
XII. Entire Agreement
This Agreement represents the entire agreement between you and us. No distributor, agent, or other person is authorized to modify this Agreement or to make any warranty or representation which is different than, or in addition to, the warranties and representations of this Agreement.
XIII. Botnets
RefugeeConnect retains the right, at its sole discretion, to terminate Site access involved with botnets and related activities. If any hostnames are used as command and control points for botnets, RefugeeConnect reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at RefugeeConnect’s discretion.
XIV. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by us, in RefugeeConnect’s sole discretion, to a third party. You agree that by accepting this Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices as described in RefugeeConnect’s Privacy Policy.
You acknowledge and agree that RefugeeConnect may preserve and disclose the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (a) to comply with legal process, such as a court order, search warrant, or subpoena; (b) to enforce the terms of this Agreement; (c) to render service you request; (d) to protect RefugeeConnect’s rights or property; or (e) in circumstances that RefugeeConnect deems, in its sole discretion, to pose a threat to the safety of you or others.
XV. Modifications and Interruption to Service
RefugeeConnect reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site or purchases made after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as expressly stated herein, this Agreement may not be amended.
RefugeeConnect reserves the right to modify or discontinue the Site with or without notice. RefugeeConnect shall not be liable to you or any third party should RefugeeConnect exercise its right to modify or discontinue the Site. You acknowledge and accept that RefugeeConnect does not guarantee continuous, uninterrupted, or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of RefugeeConnect’s control.
Version: 6236725.1
