Your use and participation of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you do not agree to these Conditions, please do not use the Site.
YOUR ACCOUNT AND MEMBER PROFILE
By registering and creating a profile, you are agreeing to the restrictions and conditions of doing so as specified in this Terms of Use and our Privacy Policy. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We have the right, but not the obligation, to remove any Member from the Site or to edit profile information, at any time as we deem appropriate.
NO WARRANTY
We assume no liability or responsibility for any damages arising from a visitor’s use of, or inability to use, this site. CFTOC does not warrant that the functions contained in the materials on this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make such materials available, are free of viruses or other harmful components.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless CFTOC, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. CFTOC and affiliated companies are not responsible for the content or privacy policies of any other sites that are linked to this site.
You acknowledge that (a) CFTOC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (b) CFTOC is not responsible for any other form of transmission received from any linked site. CFTOC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CFTOC of the site. Any concerns regarding any such link should be directed to the particular third party website.
INTELLECTUAL PROPERTY
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other content that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned by or licensed to CFTOC. No right, title or interest in any downloaded materials, software or other Contents is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by CFTOC. Any content offered under a Creative Commons license shall be noted as such and shall be an Attribution-Noncommercial-Share Alike 3.0 United States License. In such instances, users are encouraged to reproduce, forward, re-broadcast, re-tweet or otherwise share any of that content with the following attribution: Used with Permission from www.theoryofchange.org © 20_ The Center For Theory of Change, Inc. Use of the trademarks of CFTOC or the text or graphic materials contained in this web site to express or imply endorsement, sponsorship, affiliation or association of the user with or by CFTOC is strictly prohibited.
CFTOC grants you a limited license to access and make personal use of this Site. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of CFTOC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CFTOC without express written consent. You may not use any meta tags or any other “hidden text” utilizing CFTOC name or trademarks without the express written consent of CFTOC. Any unauthorized use terminates the permission or license granted by CFTOC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CFTOC.com so long as the link does not portray CFTOC, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CFTOC logo or other proprietary graphic or trademark as part of the link without express written permission.
“CFTOC,” Theory of Change, Theory of Change Online, “TOCO” and other Theory of Change.org graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of CFTOC in the United States and/or in a number of other international countries. CFTOC trademarks and trade dress may not be used in connection with any product or service that is not CFTOC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CFTOC. All other trademarks not owned by CFTOC that may appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CFTOC.
USER CONTENT CONTRIBUTIONS: RESTRICTIONS AND CONDITIONS
Registered Users of CFTOC may make content contributions to the Site by either participating in forum discussions; submitting blog articles; submitting items for the library; making comments to blog articles; adding information to their profiles in the Featured Members Directory, or in other ways not specified.
By participating in any of those activities, you are agreeing to the restrictions and conditions set forth below. Before you make any contributions, please read these terms carefully.
Please remember that any information you disclose on the Site becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any personal or other information. Any such disclosures are at your own risk.
Although we regularly monitor or review all content, we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her postings, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted to the Site, in each case as we deem appropriate.
You acknowledge that the content of all postings expresses the views of the author, and not of CFTOC, its affiliates, or any other entity, person, representative or agent associated with CFTOC. You also acknowledge that your use of or reliance on the information posted by other users on the Site is at your own risk.
Your access to the Site is subject to your compliance with the following rules of conduct applicable to all content areas on the Site. By participating in the Site and/or contributing content, you specifically agree to comply with each of the following:
You will not post any copyrighted material unless you own or control the copyright in and to such material.
You will not use the Site to post or transmit any message or other material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
You will not use the Site to post or transmit any material that is: abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, knowingly false, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
You will not use the Site for commercial purposes, including, without limitation, posting advertisements or solicitations.
You will not post or transmit any software or computer files that contain a virus, worm or other disruptive or harmful component.
Without limiting any of our other rights or remedies, a violation of any of the above rules of conduct may result in removal of a CFTOC posting, revocation of registration and/or banning a registrant’s e-mail address, which would prohibit the user from having any access to any or all of the Site.
CFTOC will cooperate fully with law enforcement officials and comply with any court order with respect to any claim or investigation arising from your participation in the Site and any material posted by you, including, without limitation, furnishing such material and information regarding your identity and any other information we may have about you.
You assume total responsibility and risk for your use of and participation in this Site. CFTOC shall not be responsible or liable under any circumstances for any direct, indirect, incidental, special, consequential or other damages arising out of or in any way related to any content on this website. If you are dissatisfied with this website, including any forum or content area thereon, your sole remedy is to cease use of the Site.
CFTOC does not warrant or make any representation regarding the correctness, accuracy, timeliness, reliability or any other aspect of the use of any of the materials you submit to this Site.
You agree to indemnify, defend and hold CFTOC harmless from and against any and all claims, losses, liability, costs and expenses (including attorney’s fees) incurred by CFTOC in connection with or arising out any material posted by you to this Site.
You acknowledge that by participating or contributing to this Site, you are granting CFTOC the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to CFTOC, any and all material you post to the Site, including, without limitation, all intellectual property rights embodied therein.
GENERAL TERMS
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts sitting in the County of New York in the State of New York and you consent to exclusive jurisdiction and venue in such courts.
DISCLAIMER
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER LAW, CFTOC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CFTOC DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE OR ANY EMAIL SENT TO YOU ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. CFTOC DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CFTOC RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CFTOC OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF CFTOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST CFTOC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF CFTOC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, CFTOC LIABILITY SHALL NOT EXCEED US$50.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
MISCELLANEOUS
These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of CFTOC to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You may not use the Site or export the Content in violation of United States export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
