Terms of Service

Date of Last Amendment: October 21, 2024.

Please read these Terms of Service (“Terms”) carefully. These Terms are a legal agreement between You and  Setser Group Community and its GCF Global program  (GCF , “we”, “us”, “our”)  governing Your access to and use of the Services. If You are using the Services on behalf of a business or entity, You acknowledge and agree that You have such authority to bind such business or entity and that such business or entity accepts these Terms.

By accessing or using the Services, You agree to be bound by these Terms and all additional terms incorporated by reference. If You do not agree to any portion of these Terms, do not access or use the Services.

1. Definitions

• 1.1“Registered User” means an individual who creates an account for the Services.
  

• 1.2 “Services” means the GCF Website.
  

• 1.3 “Visitor” means any individual that accesses the Website.
  

• 1.4 “Website” means at GCFGlobal.org.
  

• 1.5 “You” means a Registered User and Visitor, collectively.
  

2. Use of the Services.

• 2.1 License. Subject to these Terms, GCF grants You a non-transferable, non-exclusive, revocable, personal, non-sublicensable, limited license to use and access the Services. This license includes the limited right to download, reproduce and distribute the Services Content (as defined in Section 3 below) provided that (i) such reproduction and distribution is limited to not-for-profit educational purposes, (ii) no copyright notices or other markings are removed from the Services Content, and (iii) You provide attribution to GCF as the author and exclusive owner of the Services Content. The rights granted to You in these Terms are subject to the restrictions in these Terms.
  

• 2.2 Modification. GCF reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to You. You agree that GCF will not be liable to You or to any third-party for any modification, suspension, or discontinuation of the Services or any part thereof.
  

• 2.3 Restrictions. You are prohibited from using the Services: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) to attempt to gain unauthorized access to or impair any aspect of the Services, or the related systems, servers, or networks; (vii) for resale, time-sharing or other similar purposes; (viii) to stalk, harass or harm another individual; (ix) to impersonate any person or entity, or otherwise misrepresent Your affiliation with any person or entity; (x) to use any portion of the Services in any manner that may give a false or misleading impression, attribution or statement as to Us or any other person or entity; (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Services, disassemble the Services, or otherwise attempt to derive the source code of the software that enables or underlies the Services, except as may be permitted by applicable law; and (xii) encouraging or assisting a third-party to do any of the foregoing.
  

• 2.4 Review.  You are solely responsible for Your use of the Services and GCF does not control, endorse, or approve Your use of the Services, and is not responsible for Your use of the Services. GCF is not responsible for any human error caused by You or any third party. GCF is not obligated to prescreen Your use of the Services, and We do not regularly monitor use of the Services. However, We may choose, in Our sole discretion, to review Your use of the Services.
  

3. Services Content. The Services are provided to You as a convenience and for Your information only. Your use of the Services is at Your own risk. GCF does not warrant or represent that: (i) any materials, documents, recommendations, images, graphics, shareable links, design, audio, video, and any other information provided from on the Services (collectively, the “Services Content”) is accurate or complete; (ii) the Services Content is up-to-date or current; (iii) GCF has any obligation to update the Services Content; (iv) the Services Content is free from technical inaccuracies or programming or typographical errors; (v) the Services Content is free from changes caused by a third party; (vi) Your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; or (vii) any information obtained in response to questions asked through the Services is accurate or complete.

4. Feedback.  The Services may now or in the future permit You to upload or post to the Services or otherwise submit to Us in various forms of content, such as reviews, ratings, feedback, questions, comments, and suggestions (collectively, “Feedback”). We do not claim ownership in Your Feedback. However, by submitting any Feedback, You hereby grant (and You represent and warrant that You have the right to grant) to GCF an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your Feedback in any manner GCF deems appropriate. You will not have or obtain any rights in or to any form, media, or technology incorporating any of Your Feedback. You agree that You will not submit to GCF any information or ideas that You consider to be confidential or proprietary. You further acknowledge that GCF will be entitled to unrestricted use of Your Feedback for any purpose whatsoever, commercial or otherwise. You are solely responsible for Your Feedback and assume all risks associated with Your Feedback, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of Feedback that personally identifies You or a third-party. GCF cannot guarantee any confidentiality with respect to any Feedback. We reserve the right (but have no obligation) to review any Feedback, and to investigate and/or take appropriate action against You in Our sole discretion if You violate these Terms or otherwise create liability for Us or any other person.

5. Registered User Accounts

• 5.1 Eligibility. To create an account for the Services, Registered Users must be at least eighteen (18) years of age or, of under the age of eighteen (18), have the express consent of a parent or legal guardian.
  

• 5.2 Creation. To participate in certain features of the Services, You are required to create an account and provide certain information about Yourself. You agree that any information furnished to GCF in connection with Your account is true, accurate, complete, up-to-date, and solely Yours. You may not impersonate, imitate, or pretend to be someone else when creating an account. If any of Your information changes, You must promptly update it. GCF shall have no liability associated with or arising from Your failure to maintain accurate, complete, or up-to-date information within Your account. GCF reserves the right to suspend or terminate Your account and access to the Services for any reason.

• 5.3 Security.  You are entirely responsible for maintaining the security of Your account login information and are fully responsible for all activities that occur under Your account. You agree not to give or make available Your account login information to any unauthorized individual(s). If You believe Your account has been compromised, You must notify GCF immediately at the contact information set forth at the end of these Terms. GCF will not and cannot be liable for any loss or damage arising from Your failure to comply with these security requirements.
  

• 5.4 Closing your account.  You may close Your account and terminate Your relationship with GCF at any time.
  

6. System Requirements. Use of the Services requires a compatible device and Internet access and may require obtaining updates or upgrades from time to time. Because Your use of the Services involves hardware and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. You acknowledge that such hardware and Internet is Your responsibility and GCF is not responsible for any charges associated with Your use of the Services.

7. NO WARRANTIES. THE SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND GCF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR SERVICES CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES OR SERVICES CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY.

• 8.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GCF BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR SERVICES CONTENT, EVEN IF GCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES AND SERVICES CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR BUSINESS, OR LOSS OF DATA RESULTING THEREFROM.
• 8.2. TO THE FULLEST EXTENT PERMITTED BY LAW, GCF’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR ACCESS TO AND USE OF THE SERVICES AND/OR THE SERVICES CONTENT WILL BE THE TERMINATION OF YOUR RIGHT TO USE OR ACCESS THE SERVICES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Indemnification. You agree to indemnify, defend, and hold GCF, Our licensors, Our licensees, and Our and their employees, service providers, affiliates, subsidiaries, parents, and agents) (collectively, “Indemnified Parties”) harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys’ fees) (collectively, “Claims”) assessed or incurred by Us, directly or indirectly, with respect to or arising out of: (i) Your violation of these Terms; (ii) Your use of the Services or Services Content; (iii) Your violation of applicable laws, regulations, or third-party rights; (iv) Your Feedback; (v) Your willful misconduct, fraud, or negligence; and (vi) any introduction by Your or Your personnel of any virus, worm, code, program, or sub-program whose knowing or intended purpose is to damage or interfere with the operation of the computer system containing the code, program, or sub-program, or to halt, disable, or interfere with the operation of the software, code, program, or sub-program, itself, adware, spyware, Internet bots, malware, bugs, web bugs, or other surreptitious code in Our or Our licensors’ or licensees’ computer environment, network, or systems. GCF reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify an Indemnified Party, and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of GCF. GCF will use reasonable efforts to notify You of any such claim, action or proceeding, upon becoming aware of it.

10. Intellectual Property. Excluding any Feedback that You may provide, You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, logos, and trade secrets in the Services and Services Content are owned by GCF. Neither these Terms, nor Your access to or use of the Services, transfers to You or any third-party any rights, title, or interest in or to such intellectual property rights. GCF reserves all rights not expressly granted in these Terms. There are no implied licenses granted under these Terms.

11. Term and Termination. The Terms will remain in full force and effect while You access and use the Services. We may suspend or terminate Your right to use the Services at any time for any reason at Our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of Your rights under these Terms, Your right to access and use the Services will terminate immediately. GCF will not have any liability whatsoever to You for any termination of Your rights under these Terms, including for termination of Your account.

12. Governing Law. All matters arising out of or relating to these Terms, the Services, or Services Content will be governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Durham County, North Carolina with respect to any action arising in connection with these Terms, the Services, or Services Content, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Class Action Waiver. To the fullest extent permitted by applicable law, each party waives the right to litigate or arbitrate any dispute, claim, or controversy as a class action, either as a member of a class or as a class representative, or to act as a private attorney general.

14. General Provisions

• 14.1 Age Restriction. You affirm that You (i) are at least eighteen (18) years of age, an emancipated minor, or have the express permission of a parent or legal guardian to use the Services, and (ii) are fully able and competent to enter into these Terms and abide by and comply with these Terms.

• 14.2 Privacy. GCF collects, uses, and shares personal information collected through the Services in accordance with its Privacy Policy

• 14.3 Electronic Communications. By using the Services, You consent to receive electronic communications from GCF unless You follow applicable opt-out procedures. GCF will communicate with You by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communication be in writing.

• 14.4 Third-Party Links. The Services may include links and other content provided by third-parties (“Third-Party Content”). Third-Party Content is provided for Your convenience and information only. Third-Party Content is not under the control of GCF and GCF is not responsible for any Third-Party Content. The inclusion of Third-Party Content does not imply endorsement, affiliation, partnership, or sponsorship by GCF. Use of any Third-Party Content is at Your own risk.

• 14.5 Local Laws. GCF makes no representation that the Services or Services Content is appropriate or available for use. Access to the Services from jurisdictions where such access is illegal is prohibited. Your access to the Services is at Your own risk and You are responsible for compliance with applicable local laws. The Services may be subject to export or import regulations in certain countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from the Services, or any products utilizing such data, in violation of the United States export laws or regulations.

• 14.6 Miscellaneous. These Terms constitute the entire agreement between You and GCF regarding the Services and Services Content. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

• 14.7 Changes. GCF may revise these Terms or the Services, or stop providing the Services, at any time and without notice to You. GCF encourages You to review these Terms frequently (the date of the most recent revision to these Terms appears at the top of these Terms). Your continued access to or use of the Services after such posting constitutes Your consent to be bound by the Terms, as amended.

• 14.8 Contact. For questions on these Terms, please contact GCF at info@gcfglobal.org.

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