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Terms of Use

Please read the following Terms of Use (the “Terms of Use”) carefully. These Terms of Use govern your use of the Heart for Africa, Inc. (“Heart for Africa,” “we,” “us,” or “our”) website located at http://www.heartforafrica.org/ (the “Website”) and all interactive features, applications, widgets, blogs, social networks and social network “tabs,” and other online or wireless offerings that post a link to these Terms of Use, whether accessed via computer, mobile device or other technology or any associated Content (as defined below), material, or functionality contained on the Website (collectively, the “Services” and, together with the Website, the “System”). The System is the property of Heart for Africa and its licensors. By accessing, browsing, downloading, using, or registering for any Content (as defined below), material, or functionality contained on the System, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full. If you do not agree to these Terms of Use, do not use the System, or any portion thereof. Any use of the System is at your sole risk. 

Changes to the Terms of Use

We may update these Terms of Use from time to time and may amend them at any time to incorporate additional terms specific to additional Services (e.g., additional features, applications, widgets, blogs, and associated Content, material, or functionality) (collectively, “Additional Services”) that we may make available on or through the System. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use or other notice on the Website. Accordingly, prior to use of the System, you should review these Terms of Use to stay informed of changes that may affect you, as your continued use of the System signifies your continuing consent to be bound by these Terms of Use. We expressly reserve the right to make any changes to these Terms of Use, or to the System and its Services, at any time, without advance notice to you. The version of these Terms of Use posted at http://www.heartforafrica.org/Terms%20of%20Use.aspx shall be the Terms of Use applicable to your access and use of the System on any given date. These Terms of Use and the Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copies of the version of the Terms of Use and the Privacy Policy which were in force on any given date you visited the System.

Access and Use

You represent and agree that all information that you provide to Heart for Africa in connection with your access to and use of the System is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue service or access to the System (or any portions, components, or features of the System) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms of Use may, among other things, result in the immediate termination of your access to and use of the System.

Heart for Africa grants you a personal, non-exclusive, non-transferable, limited license to use the System and to view or access the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System. You further agree not to modify the System, or any part thereof, in any form or manner, nor to use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of Heart for Africa. You may not attempt to gain any unauthorized access to the System or any of its associated Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the System or the Services is permitted, unless expressly specified in a separate agreement between you and Heart for Africa.

As a condition of your use of the System (including the Services), you agree that you will not use the System for any purpose that is unlawful or prohibited by these Terms of Use.  You also agree to reimburse us for any damage, loss, cost or expense we incur, including any legal fees, because of your use of the System or the Services for any unlawful or prohibited purpose.

Privacy Policy

The Heart for Africa privacy policy (the “Privacy Policy”) applies to your use of the System, and its terms are made a part of these Terms of Use by this reference. To view the Privacy Policy, please click here http://www.heartforafrica.org/Privacy%20Policy.aspx. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy.

No Unlawful or Prohibited Use

Any use or attempted use of the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party's use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Heart for Africa to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) any use other than the purpose for which it was intended, is prohibited.

In addition, in connection with your use of the System, you agree you will not:

(a)       Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;

(b)       Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Heart for Africa representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c)       Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

(d)       Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

(e)       Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

(f)        Use of any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

(g)       Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;

(h)       Violate any applicable local, state, national or international law;

(i)        Upload or transmit any material that infringes or misappropriates any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

(j)        Delete or revise any material posted by any other person or entity;

(k)       Probe, scan, test the vulnerability of, or breach the authentication measures of, the System or any related networks or systems;

(l)        Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;

(m)     Harvest or otherwise collect information about others, including email addresses; or

(n)       Use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information on the System.

Heart for Africa reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Heart for Africa may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.  Except as may be expressly limited by the Privacy Policy, Heart for Africa reserves the right at all times to disclose any information as Heart for Africa deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Heart for Africa’s sole discretion. You also agree to reimburse Heart for Africa for any damage, loss, cost or expense Heart for Africa incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the System for any unlawful or prohibited purpose.

 

Any information, communications, or material of any type or nature that you submit to any of our pages contained on a social media platform or website by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. By your Submission, you hereby grant Heart for Africa a royalty-free, paid in full, perpetual, unlimited, worldwide, transferrable, nonexclusive license to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein). All Submissions that you provide via any social media platform is at your own risk, and you hereby represent and warrant that you have the full legal right to so provide such Submissions and that they, and any content or material contained therein, is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

 

Proprietary Content

 

Heart for Africa respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the System and to collect and provide the Services that are available on or through the System. You understand and agree that Heart for Africa owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the Services made available on or through the System, and all information, text, data, computer code, music (whether auditory or written), artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the System and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of Heart for Africa or its licensors and content-providers. 

Except as expressly provided in these Terms of Use, no part of the System or the Services, and no Content, materials, or other information on the System or the Services, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise without Heart for Africa’s express prior written consent.

The posting of information or other materials or Content on the System by Heart for Africa does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2) (Digital Millennium Copyright Act), all notifications of claimed copyright infringement on our Website should be sent ONLY to our Designated Agent. Please DO NOT send any inquiries unrelated to copyright infringement (such as requests for assistance, customer service inquiries, billing questions, reports or email abuse) to the contact listed below. You will not receive a response if sent to that contact.

  • Service Provider(s): Heart for Africa, Inc.
  • Designated Agent: DMCA Contact – Legal  info@heartforafrica.org
  • Address to Which Notification Should be Sent: Heart for Africa, PO Box 1308, Roswell, GA  30077.
  • Telephone Number of Designated Agent: (800) 901-7585
  • Email Address of Designated Agent: info@heartforafrica.org

Your Notice of Claimed Infringement must include the following:

  1. Your name, address, telephone number, email address and signature;
  2. Identification of the copyrighted work (or works) that you claim has (or have) been infringed;
  3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
  4. A clear description of where the infringing material is located on our Site, including, as applicable, its URL, so that we can locate the material;
  5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Disclaimer of Warranties

Heart for Africa does not promise, covenant, represent, warrant, or guarantee that you or any other user of the System will obtain any particular or tangible result through the use of the System, or obtain any other product or service in connection with use of the System. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the System or Heart for Africa, or that you access, use, download, or otherwise obtain on or through the System or Heart for Africa, are:  (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.

The SYSTEM, SERVICES, CONTENT, software AND other materials available from or provided on the System or via the Services, is provided “AS IS” and “AS AVAILABLE,” without warranties or guarantEes of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

Heart for Africa AND/OR OUR THIRD PARTY SUPPLIERS, CONTENT OR SERVICE PROVIDERS, OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SYSTEM ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH Heart for Africa ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. Heart for Africa PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, Heart for Africa ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. HEART FOR AFRICA SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SYSTEM.

Limitation of Liability

IN NO EVENT SHALL HEART FOR AFRICA, ITS CONTRACTORS, SUPPLIERS, CONTENT OR SERVICE PROVIDERS OR OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SYSTEM, THE CONTENT, OR THE INFORMATION, MATERIALS OR SERVICES ACCESSIBLE ON OR THROUGH THE SYSTEM OR THROUGH HEART FOR AFRICA; (B) THE USE, COPYING, OR DISPLAY OF THE SYSTEM OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OVER THE INTERNET; (C) HEART FOR AFRICA’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SYSTEM, OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND/OR USE OF ANY GOODS OR SERVICES PROVIDED BY HEART FOR AFRICA OR ANY THIRD PARTY; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY PRODUCTS OR SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR ANY THIRD PARTY, IN CONNECTION WITH THE SYSTEM OR ITS USE. UNDER NO CIRCUMSTANCES SHALL HEART FOR AFRICA, ITS CONTRACTORS, SUPPLIERS, CONTENT OR SERVICE PROVIDERS, OR OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION OR CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF HEART FOR AFRICA, EVEN IF HEART FOR AFRICA WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF HEART FOR AFRICA, ITS CONTRACTORS, SUPPLIERS, CONTENT OR SERVICE PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF HEART FOR AFRICA, ITS CONTRACTORS, SUPPLIERS, CONTENT OR SERVICE PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, OR THE USE OF THE SYSTEM, HEART FOR AFRICA AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $50.

DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SYSTEM DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. HEART FOR AFRICA MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. HEART FOR AFRICA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE.

Heart for Africa reserves the right to do any of the following at any time without notice:  (i) modify, suspend, or terminate operation of or access to the System, or any portion of the System, for any reason; (ii) modify or change the System, or any portion of the System, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion of the System, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

Indemnification

You agree to indemnify, defend and hold Heart for Africa, and the officers, directors, employees, agents, and representatives of Heart for Africa, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys' fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the System or Heart for Africa, your access to and use of the Content, the System, the Services and other materials or products available on or through the System and Heart for Africa, your violation of these Terms of Use, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Typographical Errors

The System could include technical inaccuracies or typographical errors. Heart for Africa shall have no liability in connection with any such inaccuracies or errors, nor shall Heart for Africa have any obligation to identify and/or correct any such inaccuracies or errors.

Viruses

All responsibility or liability for any damages caused by Disabling Code contained within the electronic files on the System is disclaimed. As used in these Terms of Use, “Disabling Code” means code which could have the effect of permitting improper use, access, deletion or modification of, or disabling, deactivating, damaging, corrupting or shutting down one or more software programs or systems and/or hardware or hardware systems, data and/or communications including, without limitation, “viruses,” “time bombs,” “protect codes,” “data destruction keys,” “trap doors,” and similar code or devices.

Links to Other Websites

For your convenience, certain hyperlinks may be provided on the System that link to other websites which are not under the control of Heart for Africa. Heart for Africa does not endorse or sponsor such websites and is not responsible for the availability, accuracy, content, or any other aspect of such websites. Heart for Africa disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites, and any purchases of products or services through other websites, is subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against Heart for Africa arising from or based upon any such use of other websites. Hyperlinks to other websites that are provided on the System do not imply that: (a) Heart for Africa is affiliated or associated with any linked sites; (b) Heart for Africa is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such linked sites; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Heart for Africa.

 

Links to the Website

Neither you nor any other website may link to the Website without the permission of Heart for Africa. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) “deep link” to any page of the Website other than the home page of the Website; (b) “frame” the Website or any Content or otherwise cause the Website or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to Heart for Africa or any entity that is affiliated or associated with Heart for Africa; or (d) otherwise imply or state that any type of relationship or special arrangements exist with Heart for Africa or any other entity. You agree that you will promptly remove any hyperlink to the Website upon the written request of Heart for Africa. In no event will you use any logo or trademark of Heart for Africa as a hyperlink “button,” or in any other manner, without Heart for Africa’s express written consent.

Disclaimer of Third Party Information

The System may contain offers for sale of merchandise or services not provided by Heart for Africa. Such merchandise and services may be obtained only by linking to an applicable third party website (e.g., a merchant's website, a content provider’s website, a service provider’s website, etc.) in order to make the transaction. Terms of the offer shown on the System, including, but not limited to, price, color, quantity, availability, and description may vary from those shown on the third party website. Differences in the terms of an offer between the System and a third party website will be governed by the terms shown on the third party website. Heart for Africa is not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third party website.

Accounts, Passwords, and Security

 

In order to access certain portions of the Website and certain of the Services, it may be necessary for you to create an account with Heart for Africa. You may create an account with Heart for Africa and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, including choosing a password and user name. You agree that: (a) the information you provide is true, accurate, current and complete as prompted by the Website registration mechanism (the “Registration Data”); (b) you are at least 18 years of age; and (c) you will maintain and promptly update the Registration Data to ensure it remains true, accurate, current and complete. If you provide any information that is untrue, inaccurate, non-current or incomplete, or Heart for Africa has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Heart for Africa has the right to suspend or terminate your account and refuse any and all current or future use of the Website or any portion thereof. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (i) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (ii) exit completely from your account at the end of each online session. Heart for Africa will not be liable for any loss that you may incur as a result of another person or entity using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to another person or entity using your account or password with your knowledge. You may not use any other user’s account at any time without the permission of the account holder.

 

Additionally, by using the System, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the System may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

General

These Terms of Use and the Privacy Policy referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the System, the Content and Services, and any other products available on or through the System or through Heart for Africa. You agree that you shall not contest the admissibility or enforceability of Heart for Africa’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and Heart for Africa. Heart for Africa may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of Heart for Africa. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the System and any other jurisdiction whose laws apply to you or your actions.

To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by Heart for Africa shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved.

You agree that any violation, or threatened violation, by you of these Terms of Use, or the referenced Privacy Policy, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Jurisdiction

The System is maintained, operated, and controlled by Heart for Africa in the State of Georgia. These Terms of Use shall be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws, principles or rules. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the System, the Services, or the Content must be commenced within one year after the cause of action arises. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Fulton County, Georgia for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use, the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the System, the Services, the Content, and the products available on or through the System or through Heart for Africa. You further expressly waive any claim that venue is improper for any reason in these courts. 

Electronic Communications 

When you visit the System or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the System. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

Contact Us

Heart for Africa welcomes any comments or questions you may have regarding these Terms of Use or the System. Please send any comments or questions to us here.

These Terms of Use were last updated on September 14th, 2015. Please check back periodically for updates and changes.


 
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