Terms of Use - International Action Network for Gender Equity & Law

1. Acceptance of Terms. Welcome to the website of the International Action Network for Gender Equity & Law (“IANGEL”, “we”, “us” or “our”). The following terms and conditions (the “Terms of Use”), govern your access to and use of iangel.org (the “Site”), including any information, text, documents, graphics, images, or other materials (the “Content”) offered on or through the Site. In addition, when using particular Content on this Site, you will be subject to any posted guidelines or rules applicable to such Content that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. By accessing, browsing or using the Site, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you do not have permission to access the Site and should stop using the Site immediately. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates. IANGEL reserves the right to change these Terms of Use from time to time in our sole discretion without notice to you. Any changes in the future will be posted to the Site. Each time you visit the Site you agree and acknowledge that you are agreeing to abide by the then current Terms of Use that are posted. Your continued use of the Site following any changes shall constitute your acceptance to the updated Terms of Use as amended.

2. Use of the Site. We reserve the right to discontinue or revise this Site, and the Content we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or part of the Site is unavailable at any time for any period. As part of your interaction with the Site, you may be asked to provide certain personal information. It is a condition of your use of the Site, and you represent and warrant, that all the personal information that you provide on the Site is correct, current and complete. You agree that all information you provide on this Site is governed by our Privacy Policy, found at iangel.org/privacy policy and incorporated by reference into these Terms of Use, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. The Content is protected by copyright and/or other intellectual property laws and any unauthorized use of this Content may violate such laws. Except as expressly provided herein, IANGEL does not grant any express or implied right to you under any copyrights, trademarks, or other intellectual property rights with respect to the Content. Except as expressly permitted herein, no portion of the Content on this Site may be reproduced in any form or by any means without the prior written permission of IANGEL. Except as otherwise indicated elsewhere on this Site, you may view and print the Content available on this Site subject to the following conditions: (a) the Content must be used solely for personal, information, and internal purposes; (b) the Content must not be modified or altered in any way; (c) the Content must not be distributed; (d) you must not remove any copyright, trademark or other proprietary notices contained in the Content; (e) IANGEL reserves the right to revoke the authorization to view and print the Content at any time, and such use must be discontinued immediately upon written notice from IANGEL; and, (f) the rights granted to you constitute a limited license and not a transfer of title. The foregoing rights to view and print the Content are not a right to copy the design, layout, or look and feel of the Site apart from the uses permitted herein. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

3. Links to Other Internet Sites. This Site contains links to other third-party websites that are not under the control of IANGEL (each, an “Outside Site”). IANGEL makes no representations or warranties whatsoever about any Outside Site. When you access an Outside Site, you do so at your own risk and IANGEL is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made, the quality of any products or services available on, or for any damage or loss caused or alleged to be caused through or in connection with the use of, or reliance on the content, products, or services available on or through, any such Outside Site. IANGEL provides these links merely as a convenience and the inclusion of such links does not imply that IANGEL endorses or accepts any responsibility for the content or use of such Outside Site.

4. Warranties and Disclaimers. ALL CONTENT ON THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IANGEL MAKES NO WARRANTY THAT (I) THE CONTENT WILL MEET YOUR REQUIREMENTS, (II) THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, AND (IV) THE QUALITY OF ANY CONTENT OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. IANGEL MAY MAKE CHANGES TO THE CONTENT AT ANY TIME WITHOUT NOTICE. THE CONTENT MAY BE OUT OF DATE, AND IANGEL MAKES NO COMMITMENT TO UPDATE SUCH CONTENT. IANGEL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER ORGANIZATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL IANGEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT IANGEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE USE OF THE CONTENT AND THE ACQUISITION OF ANY CONTENT THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IANGEL OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL IANGEL’S LIABILITY FOR ANY DAMAGE, CLAIM, INJURY OR LOSS ARISING FROM OR RELATING TO YOUR USE OF THIS SITE EXCEED AMOUNTS PAID BY YOU TO IANGEL. YOU ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THESE TERMS OF USE ARE MATERIAL CONSIDERATIONS FOR IANGEL ALLOWING YOUR ACCESS TO AND USE OF THE SITE.

5. No Legal Advice. Any information that you receive from IANGEL, including any referral to legal resources or volunteer and pro bono opportunities, is for informational purposes only and does not constitute legal advice. Transmission of information or a referral from IANGEL is not intended to create, and receipt of information or a referral does not constitute, an attorney-client relationship. Recipients acting upon such information or referral do so at their own risk, and IANGEL is not liable for any adverse actions resulting from or in connection with acting on such information or referral.

6. Indemnity; Release. At IANGEL’s option and request, you shall, at your own expense, indemnify, defend and hold IANGEL, its directors, affiliates, officers, employees, agents, associates, or other partners or representatives harmless from and against any losses, costs, damages, liabilities, and expenses arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and any third-party, (b) based on or caused by unauthorized access to the Site, (c) based on facts or alleged facts that would constitute a breach of any of your representations, warranties, or covenants under these Terms of Use or (d) your use of the Site, or (e) your violation(s) of these Terms of Use. You shall not enter into a settlement of the foregoing without IANGEL’s prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from IANGEL. To the extent permitted under applicable laws, you hereby release IANGEL from any and all claims or liability related to the Content or your use of the Site. In connection with the foregoing release, California users hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

7. Termination. IANGEL reserves the right at all times, in its sole discretion and without prior notice to you, to terminate your access to the Site, including (without limitation) if we believe that you have breached or otherwise not complied with any provision of these Terms of Use. If you breach any of the Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy Content downloaded, received by e-mail or printed from the Site.

8. Governing Law and Jurisdiction. The Site is controlled by IANGEL from its offices within the State of California in the United States of America. By accessing the Site, you agree that the statutes and laws of the State of California and the United States of America, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, the Site and any Content. You also irrevocably agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the city and county of San Francisco, California with respect to such matters. You consent to extraterritorial service of process. We make no representation that any Content available on the Site is appropriate or available for use in other locations, and accessing them from jurisdictions where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with all local laws.

9. Dispute Resolution. Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and us agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of these Terms of Use (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class mail or last known e-mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent: (a) to IANGEL at International Action Network for Gender Equity & Law, 425 Market Street, 26th Floor, San Francisco, CA 94105, or (b) to you at your last known e-mail address. Both you and us agree that this Dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party. Providing the foregoing is satisfied, and has not resolved the issue, any Dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in San Francisco, California, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby irrevocably consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California and arbitration in San Francisco, California. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action is permanently waived and barred.

10. General Terms. IANGEL’s failure to enforce any provision of these Terms of Use will not be construed as a waiver of any provision or right. Waiver by either party of a breach of any provision of these Terms of Use or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. IANGEL will not be liable in any amount for failure to perform any obligation under these Terms of Use if such failure is beyond the reasonable control of IANGEL including, without limitation, outages of the Internet or connections thereto, disruptions in the server on which the Site is located, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities. If a portion of these Terms of Use is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. You agree that there are no third party beneficiaries to these Terms of Use. These Terms of Use constitute the entire agreement between you and IANGEL with respect to the Site and supersede all prior agreements or previous discussions (written or oral) between you and IANGEL. You can contact IANGEL by e-mailing us at info@iangel.org or by writing to us at International Action Network for Gender Equity & Law, 425 Market Street, 26th Floor, San Francisco, CA 94105.