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Terms of Use

Last updated: November 2018

 

Acceptance of the Terms of Use and Privacy Policy

 

These Terms of Use are entered into by and between you and GuideStar India, an initiative of Civil Society Information Services India, (“GuideStar India,” "we", or "us"). The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use" or the “Terms”), govern your access to and use of guidestarindia.org, including any content, functionality, and services offered on or through guidestarindia.org (the "Website"), whether as a guest or a registered user with an account.

 

Please read the Terms of Use carefully before you start to use the Website. By using the Website [or by clicking to accept or agree to the Terms of Use when this option is made available to you], you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://guidestarindia.org/Privacy.aspx incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. By using this Website, you represent and warrant that you are of legal age to form a binding contract with GuideStar India.

 

Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Accessing the Website and Account Security

 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

You are responsible for:

      Making all arrangements necessary for you to have access to the Website.

      Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information, consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Permitted and Prohibited Uses

Permitted Uses

You may access and use such portions of the Website for which registration is required as set forth herein.  You may access and use the Website, the Registration-based Products for the following purposes (collectively, "Permitted Uses"):

  1. to learn about nonprofit organizations for the purposes of evaluating them as recipients of charitable donations including grants;
  2. to learn more or exchange information about specific nonprofit organizations or general issues of interest to the nonprofit community;
  3. to investigate nonprofit entities for purposes of providing goods or services to them or for entering into other types of non-commercial relationships with them;
  4. to fulfill your organizational mission of making charitable donations to nonprofit entities;
  5. to conduct comparative or other "best practices" research purposes;
  6. for your own internal -organizational use; and
  7. in the case of governmental agencies, performing regulatory or research functions related to nonprofit entities.

You may download and print information from the Website for a maximum of 10 organisations, in connection with the Permitted Uses. GuideStar India reserves all rights not expressly licensed.

 

Prohibited Uses 

 

You may not:

  1. use the Website other than as authorized by these Terms of Use;
  2. use the Website in any way that violates any applicable federal, state, local, or international law or regulation;
  3. use the Website for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  4. transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation;
  5. impersonate or attempt to impersonate GuideStar India, a GuideStar India employee, GuideStar India consultant, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  6. use the Website for the benefit of any third party, other than as part of a Permitted Use;
  7. republish or distribute information from the Website (including by posting same on any other website) without GuideStar India’s express written consent;
  8. modify information from the Website except in connection with a Permitted Use;
  9. disassemble, decode, decompile, or otherwise reverse engineer the Website, including, without limitation, any interfaces or software programs comprising the Website;
  10. take any action that would impede or interfere with the operation of the Website or alter the contents of the Website, or alter or interfere with any other content, site or software that GuideStar India owns or controls;
  11. directly or indirectly, change, recompile, reframe, rent, sell, distribute or publish any of the Website, any database thereon and/or any content thereon, or any portion thereof;
  12. use any data mining, robots or similar data gathering and extraction methods with respect to the Website or any portion thereof;
  13. use the Website directly or indirectly in competition with GuideStar India in any way whatsoever; or
  14. attempt to interfere with the proper working of the Website.

 

Intellectual Property Rights

 

The Website and its entire contents, features, and functionality (including but not limited to all software, text, displays, documents, images, video, and audio, and the design, selection, and arrangement thereof) are owned by GuideStar India, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

      Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

      You may store files that are automatically cached by your Web browser for display enhancement purposes.

      You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

      If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

      If we provide social media features with certain content, you may take such actions as are enabled by such features.

 

You must not:

      Modify copies of any materials from this Website.

      Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

 

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by GuideStar India. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Trademarks

 

GuideStar India, and all related names, logos, product and service names, designs, and slogans are trademarks of GuideStar India or its affiliates or licensors. You must not use such marks without the prior written permission of GuideStar India. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Your License to GuideStar India

By submitting material (including, but not limited to, any text, photos, video or other content) to GuideStar India, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. You also represent and agree that such material is truthful, accurate, and consistent with GuidesStar India’s charitable mission. By submitting any materials via any feature of the Website, you grant us, and anyone authorized by us, including, without limitation, our affiliates, a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive and unrestricted license to use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material in any medium (whether now known or hereafter developed), in any manner we see fit, and for any purpose that we choose, consistent with the terms of our Privacy Policy. The foregoing grant includes the right to exploit any proprietary rights in materials you submit to the Website, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may use, distribute, share or otherwise provide such material under any terms we see fit to any third party without the requirement of providing you any form of compensation. You also agree that we, and anyone authorized by us, may identify you as the author of any of your postings by name, email address or screen name, as we or they deem appropriate consistent with the terms of the Privacy Policy. We also reserve the right, in our sole discretion, (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You understand that the technical processing and transmission of the services provided on GuideStar India, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.

 

Violation of Terms

 

If you violate any of these Terms of Use or other user guidelines posted on the Website, or if GuideStar India believes that your conduct or content is offensive or illegal, violates the rights of, harms, or threatens to harm third parties, or may create liability for GuideStar India or third parties, GuideStar India reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing content from the Website, notifying the appropriate authorities regarding the source of such content, barring you from accessing the Website, and terminating your account.

 

Copyright Infringement Policy

 

GuideStar India takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law, and we maintain a policy of terminating the accounts of repeat offenders. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent.

The written notice must include substantially the following:

      Your physical or electronic signature;

      Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;

      Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);

      A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; a statement that the information in the written notice is accurate; and

      A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

GuideStar India’s Copyright Agent can be reached as follows:

GuideStar India
c/o Civil Society Information Services India
108, D-Definity
Jay Prakash Nagar Road 1
Goregaon (E)
Mumbai - 400063.

India.

Email: info@guidestarindia.org

Reliance on Information Posted

 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by GuideStar India, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of GuideStar India. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Endorsement Disclaimer

 

GuideStar India does not endorse, support, sanction, or verify the information or material on or accessible via the Website. Unless otherwise specifically indicated, GuideStar India does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the Website, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person, including but not limited to the performance of goods and services provided by our advertisers or others to whose sites we link.

 

Disclaimer Regarding Financial and Legal Advice

The information on the Website is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that you consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions. Before you act on any information you’ve found on the Website, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF THE WEBSITE OR ANY MATERIAL OTHERWISE PROVIDED BY THE WEBSITE.

Disclaimer Regarding Documents Uploaded to the Website

 

You are solely responsible for the documents you upload to the Website. You are advised to block any signatures, social security numbers, personal addresses and bank account details from documents that you upload. GuideStar India reserves the right to refuse any document. In addition, GuideStar India has the right to terminate any document at any time for any reason. GuideStar India and its affiliates make no representations or warranties of any kind, whether express or implied, regarding any of the documents on the Website. GuideStar India will not be held liable for any damages.

 

Force Majeure

GuideStar India shall have no liability whatever for delays or interruptions in delivery or accessibility of any of the Website, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond GuideStar India's reasonable control.

 

Third Party Links and Third Parties on the Site

 

GuideStar India or third parties may provide on the Website links to other internet sites or services (“Third Party Sites and Services”). GuideStar India has no control over Third Party Sites and Services; GuideStar India does not endorse, and is not responsible for, any Third Party Sites and Services or the information, material, products or services contained on or accessible through Third Party Sites and Services. You acknowledge that GuideStar India is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance upon any such information, material, products, or services. Many Third Party Sites and Services have their own terms of use and privacy policies that differ from ours. GuideStar India’s Terms and Privacy Policy only apply to our Website and do not apply to any Third Party Sites and Services.

 

We may allow third parties to provide certain information displayed on the Website. Any third-party information is not sponsored, endorsed, recommended or licensed by GuideStar India. You should directly contact the third parties and/or their references for the most accurate information. Your interaction, correspondence or transactions with, third parties using the Website, including participation in promotions or e-commerce (collectively, “Third Party Interactions”), and any terms, conditions, warranties or representations associated with Third Party Interactions, are solely between you and such third parties. You agree that GuideStar India shall not be responsible or liable for any loss or damage of any sort incurred in connection with your Third Party Interactions or the presence of such third parties on the Website.

 

GuideStar India reserves the right (but is not obligated) to monitor or take any action we deem appropriate regarding disputes between you and third parties using the Website. To the extent permitted under applicable laws, you hereby release GuideStar India from any and all claims or liability related to: (a) any content posted on the Website by you or third parties; or (b) the conduct, whether online or offline, of any third party.

 

Indemnification

 

You agree to indemnify, defend and hold harmless GuideStar India, its affiliates, governing board, officers, agents, employees, consultants and partners from any liability, loss, claim, demand, costs and expenses (including reasonable attorneys' fees) related to: your use of the Website; any breach or inaccuracy of any representation or warranty made under these Terms; your violation of these Terms; violation of applicable laws or any rights of third parties; or your posting of content to the Website.

 

DISCLAIMER OF WARRANTY 

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GUIDESTAR INDIA’S WARRANTY TO THE EXTENT SUCH WARRANTY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONDITIONS. ACCORDINGLY, ONLY THE EXCLUSIONS AND LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE, WEBSITE CONTENT, AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” GUIDESTAR INDIA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

IN PARTICULAR, NEITHER GUIDESTAR INDIA NOR ANY OF ITS AFFILIATES REPRESENTS OR WARRANTS TO YOU THAT: YOUR USE OF THE WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, FREE OF VIRUSES OR OTHER HARMFUL CODE; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE SERVICES WILL BE CORRECTED.

 

YOU DOWNLOAD OR OBTAIN MATERIAL FROM THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GUIDESTAR INDIA OR THROUGH OR FROM THE WEBSITE OR WEBSITE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

LIMITATION OF LIABILITY

 

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GUIDESTAR INDIA’S LIABILITY FOR LOSSES TO THE EXTENT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS AND EXCLUSIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

YOU EXPRESSLY AGREE THAT GUIDESTAR INDIA, ITS AFFLIATES, GOVERNING BOARD, OFFICERS, AGENTS, EMPLOYEES, AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING:

 

(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH THE WEBSITE, WEBSITE CONTENT, ANY SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE, OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE IN CONNECTION WITH:

(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION POSTED ON THE WEBSITE;

(ii) ANY CHANGES WHICH GUIDESTAR INDIA MAY MAKE TO THE WEBSITE, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);

(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE;

(iv) YOUR FAILURE TO PROVIDE GUIDESTAR INDIA WITH ACCURATE ACCOUNT INFORMATION; YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR

(v) ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

THE LIMITATIONS ON GUIDESTAR INDIA’S LIABILITY TO YOU IN THE ABOVE PARAGRAPHS SHALL APPLY WHETHER OR NOT GUIDESTAR INDIA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

GUIDESTAR INDIA’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE WEBSITE, WEBSITE CONTENT, ANY SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE AND THESE TERMS WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS ($50 USD). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

 

Termination

 

These Terms will remain in full force and effect while you use the Website or maintain an account via the Website. You may terminate your account at any time and for any reason through the appropriate account management page on the Website. GuideStar India has the right to terminate your account, immediately effective upon sending notice to you at the email address you provide in your account. GuideStar India is not responsible for any errors in the email address provided that might cause you to not receive such notice. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or relating to our termination of your account, your access to and use of the Website, or these Terms. Without limiting the foregoing, if you use, copy, distribute, sell, display, perform, sublicense or prepare derivative works of any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at GuideStar India’s sole discretion, return or destroy any copies of Website materials you have made.

 

Electronic Communications

 

For contractual purposes, you (a) consent to receive communications from GuideStar India in an electronic form (whether GuideStar India posts notices on the Website or communicates with you via email); and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GuideStar India provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. Any notices to you by GuideStar India may be made by either email or regular mail. You are solely responsible for providing GuideStar India with an accurate and current email or postal address, as applicable.

 

General Provisions

 

These Terms constitute the final, complete, and exclusive agreement between you and GuideStar India regarding the Website and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, between you and GuideStar India (including, but not limited to, any prior versions of these Terms).

 

These Terms and the resolution of any controversy or claim arising out of or related to these Terms or the Website (“Claim”) shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. GuideStar India's failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. All waivers will be effective only if in writing.

 

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be enforced in accordance with their terms. You acknowledge that the Website and Website Content contain valuable trade secrets and proprietary information of GuideStar India, that any actual or threatened breach of GuideStar India’s Intellectual Property Rights will constitute immediate, irreparable harm to GuideStar India for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The section headings in these Terms are for convenience only and have no legal or contractual effect. “Includes” and “including” are not limiting.

 

Regardless of any statute or law to the contrary, you hereby waive your right to bring any Claim against GuideStar India, or Civil Society Information Services India, more than 1 year after such Claim first arose.

 

All Claims will be settled by binding arbitration in accordance with the Comprehensive Arbitration Rules of JAMS. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. You consent to the arbitration being conducted in the English language. Each party will bear its own costs incurred in such arbitration proceeding. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, GuideStar India may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.