Last Update: June 23, 2023
These Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”) are entered between you and Global Support and Development (“GSD,” “we,” or “us”) and govern your access to or use of the www.gsd.ngo website and any other website or online service that GSD operates and that links to these Terms (collectively, the “Content”).
Please review these Terms carefully before using the Content. By using the Content, you accept the Terms, and you accept any changes to the Terms by continuing to use the Content after we post the changes. We may change these Terms or modify any feature of the Content at any time. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions” link posted on the Content. You are expected to check the Terms from time to time so you are aware of any changes, as they are binding on you. If you do not want to agree to the Terms, you must not access or use the Content.
The Content is only available to users who can form legally binding contracts under applicable law. By accessing or using the Content, you represent and warrant that (a) you are at least 18 years of age, or over the age of majority in the state or country where you are a resident or citizen, and (b) if you are using the Content on behalf of an entity, you are authorized to accept these Terms on that entity’s behalf.
1. Grant of License. Subject to these Terms and your continued compliance therewith, GSD provides you with a personal, revocable, nonexclusive, non-transferable license to access the Content and the text, graphics, data, information, and other content made available through or from the Content (collectively, “Content”). You may access the Content solely for personal, educational, and non-commercial purposes, and except with GSD’s prior written authorization in each instance, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, or attempt to sublicense or otherwise assign to any third party, the Content. All rights not expressly granted herein are reserved.
Without limiting the generality of the foregoing, you may not (i) use the Content in any manner that implies, suggests, or could otherwise be perceived as attributing a political objective, motive or opinion to GSD, or (ii) copy, reproduce, create derivatives of, modify, distribute, broadcast, transmit, publish, license, transfer, sell, or otherwise exploit the Content for a fee or for other commercial purposes except pursuant to a separate written agreement with GSD. If you wish to use any Content for any purpose not expressly permitted by these Terms, please contact GSD at email@example.com. Under no circumstances may the Content be reproduced, in whole or in part, mirrored, cataloged, framed, displayed simultaneously with another site or otherwise republished without the express written permission of GSD.
2. Prohibited Conduct. You may not access or use, or attempt to access or use, the Content (i) in a manner or (ii) to undertake any action or omission, that could harm GSD or any third party, interfere with the operation of the Content, or that violates any laws. For example, and without limitation, you may not:
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Content for any or no reason at any time without notice. Upon termination, your right to access or use the Content will stop immediately and you must, at our option, return or destroy any copies of the Content you have made.
3. Intellectual Property Rights. All Content, unless otherwise indicated, is protected by law including, but not limited to, United States and international copyright, patent, trade secret (for password protected areas), and trademark laws, as well as other state, national, and international laws and regulations governing intellectual property or proprietary rights, and the Content is owned by GSD and/or third parties that have authorized its use. Except as expressly provided in these Terms, GSD does not grant any express or implied right in or to the Content to you or any other user of the Content. The Content may also include the trade and/or service marks copyright, trademark, indicia of source, or other proprietary rights notices (“IP Designations”) of GSD, its affiliated entities, and/or third parties. Such IP Designations may not be used without the prior written permission of their respective owners. Removing or altering the IP Designations on any Content is strictly prohibited. Other product and company names mentioned in the Content may be the trademarks of their respective owners.
5. Third-Party Sites. The Content may contain links to third-party sites or content (“Third Party Materials”), and such links are provided for convenience only. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such Third Party Materials. We have no control over Third Party Materials or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Use of any Third Party Materials is at the user’s own risk and subject to the terms and conditions of use for such Third Party Materials.
6. Reliance on Information Posted. The information presented on or through the Content 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 user to the Content, or by anyone who may be informed of any of its contents.
The Content may include materials provided by third parties, such as, but not limited to, bloggers, third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the information directly provided by and identified as GSD-generated content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of GSD. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials that may comprise Content provided by any third parties.
7. Disclaimer of Warranties; Limitation of Liability. YOUR ACCESS TO OR USE OF THE CONTENT IS AT YOUR OWN RISK. THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE, OUR SUBSIDIARIES AND AFFILIATES, AND OUR AND THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, AND ASSIGNS DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE CONTENT OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE CONTENT, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE, OUR SUBSIDIARIES AND AFFILIATES, AND OUR AND THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, AND ASSIGNS EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE CONTENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR SUBSIDIARIES, AFFILIATES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE ACCESS TO OR USE OF THE CONTENT, ANY INTERRUPTION IN AVAILABILITY OF THE CONTENT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE CONTENT OR THE DATA COLLECTED THROUGH THE CONTENT, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. ANY CLAIM OR CLAIMS ARISING OUT OF OR CONNECTED WITH THE CONTENT WILL BE LIMITED, IN THE AGGREGATE, TO THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO ACCESS OR USE THE CONTENT.
8. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD GSD AND OUR SUBSIDIARIES, AFFILIATES, AND OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR ACCESS OR USE OF THE CONTENT AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROMPTLY PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.
9. U.S. Copyright Infringement Claims. If you believe in good faith that your work has been reproduced or is accessible on the Content in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
Our designated agent for notice of copyright infringement claims may be reached by contacting firstname.lastname@example.org.
Upon receipt of a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We will terminate the privileges of users who repeatedly infringe copyright. Please note that United States law provides significant penalties for falsely submitting a notice of copyright infringement.
10. Access of Content; Choice of Law and Forum. The Content are primarily intended for use by residents of the United States. We make no claims that the Content is accessible or appropriate outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Content from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Otherwise, you agree that your access to and use of the Content will be governed by and will be construed in accordance with the laws of the State of North Carolina, U.S.A. without regard to principles of conflicts of laws. You agree that any claim or dispute arising out of or relating to the Content must be resolved by a federal district court located in Charlotte, North Carolina, unless otherwise agreed upon by all parties, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence, and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Any use of geographical names on the Content or in any GSD document or publication does not imply the expression of any opinion whatsoever on the part of GSD concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. GSD takes no position on any sovereignty disputes between states or territories; any reference to states, territories, or places on the Content or in any GSD document or publication is without prejudice to the outcome of any sovereignty disputes, legal disputes, or dispute resolution processes between states or territories.
11. Miscellaneous. These Terms constitute the entire agreement between you and GSD, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Content.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce such term or condition or any other terms or conditions of the Terms or otherwise respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your access or use of the Content or information provided to or gathered by us with respect to such access or use.