Welcome! This is the website of the
South Asian Women's Leadership Forum. For further information, please
contact us via e-mail:
info@southasianwomen.org.
By using our site, you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms carefully.
If you do not agree to these terms, you should not use this site. The
term “South Asian Women's Leadership Forum,” “SAWLF,” “us,” “we” or
“our” refers to South Asian Women's Leadership Forum. The term “you”
refers to the user or viewer of our website.
1.
Acceptance of Agreement.
You agree to the terms and conditions set forth in this Terms of Use
Agreement (“Agreement”) with respect to our site (the “Site”). This
Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the
Site and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to
you. The latest version of the Agreement will be posted on the Site,
and you should review this Agreement prior to using the Site.
2.
Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 3
below, is strictly prohibited. You do not acquire ownership rights to
any article, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the
content on the Site may be the copyrighted work of third parties.
3. Limited
License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site solely in accordance with this
Agreement; (b) to use the Site solely for internal, personal,
non-commercial purposes; and (c) to print out discrete information
from the Site solely for internal, personal, non-commercial purposes
and provided that you maintain all copyright and other policies
contained therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any litigation or
arbitration matter whatsoever under any circumstances.
4. Restrictions
and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content and
Materials”) therein are subject to the following restrictions and
prohibitions on use: You may not (a) copy, print (except for the
express limited purpose permitted by Section 3 above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the
Site or any Content and Materials retrieved therefrom; (b) use the
Site or any materials obtained from the Site to develop, of as a
component of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or
hereafter developed), that is offered for commercial distribution of
any kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution mechanism; (c)
create compilations or derivative works of any Content and Materials
from the Site; (d) use any Content and Materials from the Site in any
manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties; (e)
remove, change or obscure any copyright notice or other proprietary
notice or terms of use contained in the Site; (f) make any portion of
the Site available through any timesharing system, service bureau, the
Internet or any other technology now existing or developed in the
future; (g) remove, decompile, disassemble or reverse engineer any
Site software or use any network monitoring or discovery software to
determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for the
purpose of gathering information for or transmitting (1) unsolicited
commercial email; (2) email that makes use of headers, invalid or
nonexistent domain names, or other means of deceptive addressing; and
(3) unsolicited telephone calls or facsimile transmissions; (j) use
the Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and (k)
export or re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export control
laws or regulations of the United States.
5. Forms,
Agreements & Documents
We may make available through the Site sample forms, checklists,
business documents (collectively, “Documents”). All Documents are
provided on a non-exclusive license basis only for your personal
one-time use for non-commercial purposes, without any right to
re-license, sublicense, distribute, assign or transfer such license.
Documents are provided without any representations or warranties,
express or implied, as to their suitability, legal effect,
completeness, currentness, accuracy, and/or appropriateness. THE
DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”,
AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate
for your particular circumstances. Furthermore, state laws may require
different or additional provisions to ensure the desired result. You
should consult with legal counsel to determine the appropriate legal
or business documents necessary for your particular transactions, as
the Documents are only samples and may not be applicable to a
particular situation.
6. Linking to
the Site.
You may provide links to the Site, provided (a) that you do not remove
or obscure, by framing or otherwise, the copyright notice or other
notices on the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing links to
the Site immediately upon request by us.
7. Certain
Confidentiality Issues.
You may send us e-mail. You should not send us confidential or
sensitive information via e-mail because your communication will not
be treated as privileged or confidential. By sending sensitive or
confidential e-mail messages which are not encrypted, you accept the
risks of such uncertainty and possible lack of confidentiality over
the Internet.
8. Errors,
Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free
of viruses or other harmful components, or that defects will be
corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely or
otherwise reliable. The law is constantly changing and the information
may not be complete or accurate depending on your particular legal
issue. Each legal issue depends on its individual facts and different
jurisdictions have different laws and regulations. We may make changes
to the features, functionality or content of the Site at any time. We
reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site.
9. Third Party
Content.
Third party content may appear on the Site or may be accessible via
links from the Site. We are not responsible for and assume no
liability for any third party content. You understand that the
information and opinions in the third party content represent solely
the thoughts of the author and is neither endorsed by nor does it
necessarily reflect our belief.
10. Unlawful
Activity.
We reserve the right to investigate complaints or reported violations
of this Agreement and to take any action we deem appropriate,
including but not limited to reporting any suspected unlawful activity
to law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or
entities relating to your profile, email addresses, usage history, IP
addresses and traffic information.
11.
Indemnification.
You agree to indemnify, defend and hold us and our partners,
associates, agents, employees, subcontractors, successors, assigns,
and affiliates (collectively, “Affiliated Parties”) harmless from any
liability, loss, claim and expense related to your violation of this
Agreement or use of the Site.
12. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE
PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN
SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND
OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET
FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND
YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS
DISCLAIMED.
13.
Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way
from (i) any errors in or omissions from the Site or information
obtained, (ii) the unavailability or interruption of the Site or any
features thereof, (iii) your use of the Site, (iv) the content
contained on the Site, or (v) any delay or failure in performance
beyond the control of an Affiliated Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL
NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
14.
Use of
Information/Privacy Policy.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy. Our
Privacy Policy as it may change from time to time, is a part of this
Agreement. You may review this Privacy Policy by clicking on this
link.
15. Links to
other Web Sites.
The Site contains links to other Web sites. We are not responsible for
the content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so
at your own risk.
16. Copyrights
and Copyright Agents.
We respect the intellectual property of others, and we ask you to do
the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent
the following information:
a. An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been
infringed;
c. A description of where the material that you claim is infringing is
located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law; and
f. 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. Our
Copyright Agent for Notice of claims of copyright infringement on the
Site can be reached by directing an e-mail to the Copyright Agent at
info@southasianwomen.org
17. Legal
Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of the
Site and the Content and Materials provided therein.
18. Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in New York, New York, and shall be governed by and
construed in accordance with the laws of the State of New York
(without regard to conflict of law principles). Any cause of action by
you with respect to the Site must be instituted within one (1) year
after the cause of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth in Section 16
and Section 17. The language in this Agreement shall be interpreted as
to its fair meaning and not strictly for or against any party. Any
rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in interpreting this
Agreement. The headings in this Agreement are included for convenience
only and shall neither affect the construction or interpretation of
any provision of this Agreement nor affect any of the rights or
obligations of the parties to this Agreement. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be
construed as much as possibly consistent with applicable law and the
remaining portions shall remain in full force and effect. To the
extent that anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to
enforce such provision. Our rights under this Agreement shall survive
any termination of this Agreement.
19.
Arbitration.
Any legal controversy or legal claim arising out of or relating to
this Agreement or the Site (excluding legal action taken by us or you
to collect or recover damages for, or obtain any injunction relating
to, intellectual property ownership or infringement), shall be settled
solely by confidential binding arbitration in accordance with the
commercial arbitration rules of JAMS. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in
New York, New
York. Each party shall bear one-half of the arbitration fees and costs
incurred through JAMS, and each party shall bear its own attorneys’
fees. |