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"):
- to learn about nonprofit organizations for the
purposes of evaluating them as recipients of charitable donations
including grants;
- to learn more or exchange information about
specific nonprofit organizations or general issues of interest to the
nonprofit community;
- 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;
- to fulfill your organizational mission of making
charitable donations to nonprofit entities;
- to conduct comparative or other "best
practices" research purposes;
- for your own internal -organizational use; and
- 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:
- use the Website other than as authorized by these
Terms of Use;
- use the Website in any way that violates any
applicable federal, state, local, or international law or regulation;
- 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.
- transmit, or procure the sending of, any advertising
or promotional material, including any "junk mail", "chain
letter", "spam", or any other similar solicitation;
- 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).
- use the Website for the benefit of any third
party, other than as part of a Permitted Use;
- republish or distribute information from the
Website (including by posting same on any other website) without GuideStar
India’s express written consent;
- modify information from the Website except in
connection with a Permitted Use;
- disassemble, decode, decompile, or otherwise
reverse engineer the Website, including, without limitation, any
interfaces or software programs comprising the Website;
- 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;
- 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;
- use any data mining, robots or similar data
gathering and extraction methods with respect to the Website or any
portion thereof;
- use the Website directly or indirectly in
competition with GuideStar India in any way whatsoever; or
- 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.