This policy outlines the terms of service between you and “Chittagong Association of North America Inc ”. This important agreement outlines several standard policies that allow us to run our website for you. If you have any questions about our terms of service, please contact us at ctgcssociation-na.org or ctgassociation-na.com
(a) The “Privacy Statement” refers to the privacy statement at https://CtgAssociation-na.com /tos
(b) “Terms and Conditions” refers to these Terms and Conditions, including the Privacy Policy as updated or amended from time to time.
(c) The “Website” refers individually and collectively to CtgAssociation-na.org
US and International Terms of Service:
This Terms of Service Agreement (the "Agreement") is between you ("you") and “The Chittagong Association of North America Inc” (together with our affiliates, service providers, and partners, “Chittagong Association of NA,” "we," and/or "us") and governs your use of the https://ctg.association-na.org web site and successor web site(s) (the "Site"), including the materials and information posted on it, and the functionality that permits you to make donations, solicit donations, create an account, apply for a grant, establish fundraisers, solicit donations for a project, or to use any other functionality offered through the website.
1. Acceptance of Terms and Supplementary Terms. “Chittagong Association of North America Inc ” operates the Site subject to this Agreement, including the Privacy Policy and any additional guidelines, rules, terms and conditions, or limitations applicable to specific components of the Site (each, a "Supplementary Term"), each of which is incorporated by reference herein. In addition, Project Leaders, Non-Profit Organizations, and any Individual, Organization, or Company providing due diligence or application for a grant are subject to the terms and conditions set forth in the supplemental terms and conditions that are included with said application. By making a payment you acknowledge and agree that you are at least eighteen years of age, legally competent, and that you are entering into a legally binding contract with “Chittagong Association of North America Inc ” governing your use of the Site, which contract includes all Supplementary Terms. If you are an individual accepting this Agreement on behalf of an agency or entity, you warrant that you have the legal right to accept this Agreement on behalf of such agency or entity and that the agency or entity will also be bound by this Agreement. You acknowledge and agree that Chittagong Association of North America Inc retains control over the donated funds. In the event that (i) a project is retired or fully funded or (ii) Chittagong Association of North America Inc , receives a check payable to Chittagong Association of North America Inc without reference to a specific project or campaign, the donated funds will be allocated to Chittagong Association of North America Inc General Fund. You acknowledge and agree that a printed version of this Agreement and/or any electronic communication from “Chittagong Association of North America Inc shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and/or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
2. Amendment. “Chittagong Association of North America Inc ” reserves the right to modify this Agreement from time to time in its sole discretion by posting an announcement of such changes on the Site, along with the revised Agreement marked to show the date of last revision. By continuing to use the Site after such changes are posted, you acknowledge and agree to be bound by the Agreement as modified.
3. Modification, Suspension, and/or Cancellation.“Chittagong Association of North America Inc ” reserves the right to modify the Site, and change, suspend, or discontinue providing all or part of the content or functionality of the Site in its sole discretion, with or without notice. You agree that “Chittagong Association of North America Inc ” shall not be liable to you or to any third party for any such actions.
4. Personal Information. “Chittagong Association of North America Inc ” use of personal information collected from and about you in connection with your use of the Site (e.g., as part of your Profile) is governed by our Privacy Policy, (the "Privacy Policy"), and which is incorporated by reference into this Agreement as a Supplementary Term. By providing this personal information, subject to the terms of the Privacy Policy, you grant to “Chittagong Association of North America Inc ” a perpetual, irrevocable, transferable, subject to your privacy preferences, to display, publish, transmit and distribute such information in connection with the operation of the Site.
5. User Credentials. When you create an account or profile, submit an expression of interest, create a fundraiser or registry, or make a donation, you will be asked to provide certain personal information, such as your name and contact information, and given the opportunity to select one or more user names and passwords (collectively, your "User ID").
You acknowledge and agree that:
* You agree to provide accurate and truthful information, and to promptly update this information to reflect any changes;
* You represent that you have all rights in the information necessary to provide it to Chittagong Association of North America Inc User ID is for your personal use only and may not be transferred to any third party;
* You are exclusively responsible for the security and confidentiality of your User ID and for all use of the Site that occurs in connection with your User ID, with or without your knowledge;
* You are required to completely log out of the Site at the end of each session and to notify “Chittagong Association of North America Inc ” promptly if you learn of any unauthorized use of your User ID;
* If you are accepting this Agreement as a representative on behalf of an agency or other entity, you represent that you have the rights to submit the registration information on behalf of that agency or other entity;
* Chittagong Association of North America Inc will not be liable for any loss or damage arising from your failure to comply with this section; and
* Any information submitted under your User ID is subject to the "Personal Information" terms as specified in Section 4.
6. Profile and Forum Content. “Chittagong Association of North America Inc ” may permit you and other users to post information on the Site, including on personal "profile pages," (each, a "Profile") and on designated areas of the Site including, for example, bulletin boards, message boards, chat rooms, forums, or in the course of participating in the collaborative creation of Site and/or Services content (each, a "Forum"). “Chittagong Association of North America Inc does not control or endorse, and is not responsible for user content of any kind posted by Site users (including “Chittagong Association of North America Inc employees who maintain Profiles or participate in Forums). In addition, “Chittagong Association of North America Inc ” cannot control use or misuse by others of information you post in your Profile or in a Forum. Section 10 describes the provisions of this Agreement regarding Chittagong Association of North America Inc 's monitoring of content. Accordingly, you acknowledge and agree that under no circumstances will “Chittagong Association of North America Inc “ be liable for any loss or damage caused by (a) your reliance on user-posted Profile or Forum content; or (b) use or misuse by any Site user or third party of any user content that you post in connection with your Profile, on a Forum, or otherwise in connection with your use of the Site.
7. Rules of Conduct. Your use of the Site is expressly conditioned on your responsible and lawful participation in the Site community. Accordingly, and without limiting the foregoing:
You acknowledge and agree that:
* Your use of the Site is conditioned on your compliance with this Agreement and all applicable laws, rules, and regulations, including without limitation, United States export controls, embargoes or other federal rules and regulations restricting exports.
* Any information you provide in connection with your use of the Site must be true, accurate, and complete at the time provided, and you will maintain, update, and correct such information regularly.
8. You agree that you will not post, transmit, distribute, publish, use, or otherwise make available, through or in connection with the Site:
* Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortuous; (d) obscene, indecent, pornographic, offensive, or otherwise objectionable, in all cases as determined by “Chittagong Association of North America Inc ” in its sole discretion;
* Anything that is protected by copyright, trademark, trade secret, right of publicity, moral rights, or other proprietary right without authorization from the rights-owner;
* Any material that would give rise to criminal or civil liability; that encourages violence or other conduct that constitutes a criminal offense; or that encourages or provides instructional information about violent, offensive, or illegal activities;
* Any hardware, software, equipment, virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that may: (a) harm “Chittagong Association of North America Inc ” or invade, harm, disrupt or hijack the operation of the Site; (b) mislead or harm any third party; (c) monitor access to or use of the Site by others;
* Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme," communication or solicitation designed or intended to obtain password, account, or private information from any user, or any other form of solicitation;
* Any "lobbying" or "electioneering" materials within the meaning of the United States Internal Revenue Code of 1986, as amended.
9. You agree that you will not use the Site to:
* Defame abuse, harass, stalk, threaten or otherwise violate the legal, privacy, publicity, or other rights of others;
* Transfer or copy any protected material, content or information made available through any restricted portion of the Site to any non-restricted portion of the Site or to any public forum;
* Restrict or inhibit any other person from using the Site.
10. You agree that you will not, without our express written consent:
* Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, or for any purposes that are competitive with “Chittagong Association of North America Inc” any element of the Site, including any information or materials made available on or through the Site;
* Modify, adapt, translate, reverse engineer, decompile or disassemble any element of the Site;
* Remove any copyright, trademark or other proprietary rights notice from the Site or any materials posted on or originating from the Site;
* Advertise, promote, market, or offer to sell or buy any goods or services on or through the Site;
* Use the Site to solicit funding, grants, or financial assistance of any kind without an explicit invitation by the donor, or to distribute funds, seek grant proposals, or issue requests for proposals.
11.
1. Links and Online Listings: From time to time “Chittagong Association of North America Inc ” may post and/or may permit you, other Site users or third parties to post on the Site (a) links to third party sites ("Links") or (b) listings regarding the availability of relevant products or services ("Listings"). Such Links and Listings are provided subject to Section 14 below, and WITHOUT WARRANTIES OF ANY KIND, FOR USE AT YOUR OWN RISK. You acknowledge and agree that “Chittagong Association of North America Inc ” does not control or endorse any information, products, or services made available via Links or Listings, and is not responsible for the accuracy, reliability, quality, or legality of any such information, products, or services. It is your responsibility to evaluate the information, opinions, advice or other content available through the Links or Listings, whether posted or provided by third parties or byChittagong Association of North America Inc . Chittagong Association of North America Inc may remove any Links or Listings at any time for any reason or for no reason.
[“Chittagong Association of North America Inc ” WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY TRANSACTIONS YOU CONDUCT WITH THIRD PARTIES, INCLUDING THE TERMS, CONDITIONS OR RESULTS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, AND YOU ACKNOWLEDGE THAT “ CHITTAGONG ASSOCIATION OF NA INC ” CANNOT CONTROL WHETHER AND HOW ANY DONATIONS ARE MADE OR USED BY ANY THIRD PARTY. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY REGARDING ANY THIRD PARTY PROMISES (INCLUDING PROMISED OR PLEDGED DONATIONS), PRODUCTS AND/OR SERVICES, YOU RELEASE CHITTAGONG ASSOCIATION OF NA INC ” (AND ITS RESPECTIVE SUCCESSORS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS AND MEMBERS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.]
2. Proprietary Rights: The Site and other information or materials made available through or used in connection with providing the Site are and shall remain the property of Chittagong Association of North America Inc e Site itself or any Site content, or other materials made available through the Site.
3. Limitations of Liability and Disclaimer of Warranties: WE DO NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE SITE.
4. Indemnity: You agree to defend, indemnify and hold harmless “The Chittagong Association of North America Inc and its respective successors, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you or anyone using your User ID; (c) your violation of any rights of any other person or entity while using the Site; or (d) information provided under your User ID and any information that you or anyone with your password submits, posts, or transmits through the Site.
5. Termination: This Agreement is effective until terminated. “The Chittagong Association of North America Inc, in its sole discretion, may terminate your access to or use of the Site and/or Services, at any time and for any reason or no reason, including if “The Chittagong Association of North America Inc, believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that “The Chittagong Association of North America Inc, may immediately deactivate or delete your User ID, and all related information and files associated with such credentials including, without limitation, your Submissions, and/or bar any further access to such information or files. You agree that “The Chittagong Association of North America Inc, shall not be liable to you or any third party for terminating this Agreement and/or terminating your access to the Site. Nor shall “The Chittagong Association of North America Inc have any obligation to make information or files associated with the Site available to you after any such termination.
6. Claims of Copyright Infringement: The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send “The Chittagong Association of North America Inc,a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send “The Chittagong Association of North America Inc a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Site
7. Contact Us: If you have any questions regarding the meaning of application of this Agreement, please send an e-mail to [email protected]. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
8. Miscellaneous: This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and The Chittagong Association of North America Inc. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent