PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Jamaica Land We Love (Jalawelo) requires that all visitors ("you") to its site, www.jalawelo.org, and its other sites (collectively, the "Sites"), agree to all of the terms and conditions in this User Agreement ("UA"). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, "we," "our," and "us" means Jalawelo unless otherwise indicated.
About Jamaica Land We Love
Jalawelo is a 501(c)(3) federal tax exempt not-for-profit corporation. Jalawelo provides a channel through which donors can support Jalawelo in its mission to engage and support community development and other projects in Jamaica. One of the ways in which we accomplish this is by by providing a robust technology platform on our main website that (i) Jalawelo to post descriptions and funding requirements for specific projects in Jamaica that are in need of funding. Some projects are undertaken directly by Jalawelo. Others may be undertaken by nonprofit organizations in Jamaica. In each case, Jalawelo has determined that the project to be undertaken by the foreign nonprofit organization is in furtherance of Jalawelo's nonprofit purposes and carried out in a manner that enables Jalawelo to exercise appropriate control and discretion over any funds it might make available to the local organization. Furthermore, in order to ensure that donations made to Jalawelo are tax deductible, in compliance with guidelines and policies of the Internal Revenue Service, any donations made to Jalawelo that might be forwarded to a foreign organization are made by the donor and accepted by Jalawelo, only with the understanding that Jalawelo has the right to exercise complete discretion and control over such funds and is not obligated to turn such donations over to a foreign charity even in cases where such donations are made in connection with a specific solicitation for a project that Jalawelo anticipates will involve the foreign organization. The Sites provide you with access to an online collection of information, materials and services related to Jalawelo and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition.
Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Sites; and (3) your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions.
Our Proprietary Materials
We welcome you to our Sites and we invite you to use them within the following rules:
1. You may use the Sites, Content and Software solely for the purposes stated on the Sites and as described in this UA.
2. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of Jalawelo.
3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of Jalawelo.
4. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites to a human perceivable form. The information on the Sites, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA. All Content, Software and materials on and underlying the Sites are copyright (c) 2013 Jamaica Land We Love or are licensed or otherwise used by Jalawelo with permission. Except where noted otherwise, all rights to these materials are reserved by Jalawelo or their respective owners. "Jalandwelove.org," “jalandwelove.com,” “jalawelo.org,” “jalawelo.com,” “jamaicalandwelove.org,” the Jamaica Land We Love/Jalawelo logo, and the phrase"Small enough to tackle, Strong enough to Win, Smart enough to lead" are trademarks and service marks of Jamaica Land We Love, which reserves all rights to its marks and logos. Individuals appearing on the Sites do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used.
All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although Jalawelo cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. Jalawelo retains the right to restrict use of the Sites in any manner it deems appropriate.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK AND ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JALAWELO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JALAWELO MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT SHALL JALAWELO, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY "JALAWELO AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE JALAWELO AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES. YOU UNDERSTAND AND AGREE THAT JALAWELO AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT JALAWELO AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY INJURY OR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY JALAWELO OR AN AUTHORIZED JALAWELO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. JALAWELO NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF CONTENT, SOFTWARE OR ANY OTHER MATERIALS DISPLAYED ON THE SITES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.
Third Party Websites
The Sites may provide links to other websites ("Linked Sites") as a convenience to you. Such Linked Sites are not maintained by Jalawelo, thus Jalawelo is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by Jalawelo of the Linked Sites.
Third Party Websites Seeking to Hyperlink to the Sites
We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and Jalawelo. If this is not the case, please do not link to any Site. Jalawelo reserves the right to rescind the right to link to its Sites at its sole discretion.
Use of any Jalawelo trademark, service mark or other intellectual property or content provided by Jalawelo for a hyperlink to a Site is permitted and licensed by Jalawelo solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by Jalawelo, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by Jalawelo.
Making Donations through Jalawelo
Jalawelo is a non-profit entity which provides a crowdfunding platform that allows donors to provide additional funding to nonprofit organizations as they support Jalawelo in its charitable mission in Jamaica. This includes providing donations in connection with specific projects to be undertaken directly by Jalawelo in Jamaica and, in some cases, projects that meet criteria that might be undertaken by a Jamaican nonprofit organization and for which Jalawelo may be willing to provide a grant. As is more fully described earlier in this User Agreement under the section captioned "About Jamaica Land we Love," Jalawelo accepts donations that might be given in connection with a solicitation that involves a foreign charity but retains complete control and direction over the use of such funds.
Special Provisions Relating to Donors
Thank you for your interest in funding a project on one of Jalawelo’s Sites. By clicking the "I Agree" button during the sign-up process for donations, the following additional terms of the UA apply to those users who sign up for a donor account and/or donate to a project on the Sites ("Donor").
By registering as a Donor, you represent and promise that: 1. You are at least 18 years old or, if under 18 years old, are acting with parental consent and under parental supervision; 2. All information you provide to Jalawelo is accurate, and you will update the information to keep it accurate; and 3. Any donation you make is legal in your jurisdiction; and, 4. You have read and consented to the bolded language set forth under "About Land We Love" in this User Agreement concerning the fact that no donation you make to Jalawelo can be earmarked for a foreign organization and that Jalawelo retains complete discretion and control over any such donation you make and is not obligated to turn your donation over to a foreign organization.
You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Donor) for access to Donor-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Donor or User at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify Jalawelo of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of Jalawelo.
In addition to the rights of Jalawelo described elsewhere in this UA, you agree that descriptions of the proposed activity and any other materials that Jalawelo may make available to you regarding each project you help to fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause Jalawelo and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that Jalawelo may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.
Services Provided by Jalawelo
Each organization that wishes to post projects on the Sites is required to submit an application for approval as a Sponsoring Organization. Jalawelo will review and evaluate each such application in accordance with its internally developed criteria and guidelines, which may be modified from time to time. Factors that Jalawelo may take into account in performing its review include, among other things, the length of time the organization has been in existence, the reputation for competence and integrity of the organization’s management, the organization’s track record, the quality of the organization’s accounting system, the strength of its internal accounting controls, and our judgment as to the ability of the organization to fulfill its mission. Jalawelo will also evaluate and approve as a separate matter each individual project proposal that an approved organization wishes to post on the Sites. In evaluating individual project proposals, Jalawelo may consider, among other things, the need for the project, the likelihood the project will receive full funding through the Jalawelo site, the likelihood of success of the project if fully funded, the overall reasonableness of the proposal, whether the goal of the project aligns with Jalawelo’s purposes, and the performance of the Sponsoring Organization on previous projects funded through the Sites.
Jalawelo will not be required to treat any Submission or Project Materials as confidential.
You may terminate this UA by destroying all materials obtained from the Sites, cancelling your Donor or Organization account, as applicable, and stopping all use of the Sites. Jalawelo may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites.
This UA is governed by the laws of the State of Pennsylvania, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Sites or this UA will be brought exclusively in the federal or State courts located in Pennsylvania. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings in this UA are for convenience only and do not have any force or effect.
Resolution of Disputes
THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. Any controversy or claim arising out of or relating use of any Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and Jalawelo. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Philadelphia, Pennsylvania and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Philadelphia, Pennsylvania, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or Jalawelo may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Philadelphia, Pennsylvania, as may be necessary to protect the rights or property of you or Jalawelo pending the completion of arbitration.
You agree to indemnify and hold Jalawelo and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to Jalawelo.
Contact Jamaica Land We Love
If you have any questions about the Sites or this UA, you may contact us via e-mail at email@example.com. We are always glad to hear your questions and comments.
This UA, including the terms specifically applicable to Donors and Organizations, and other policies and notices Jalawelo may post on the Sites necessary for access to Donor and Organization portions of the Sites, constitute the entire agreement between Jalawelo and you in connection with your use of the Sites, hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any prior agreements between Jalawelo and you regarding such matters, including prior versions of this UA. Jalawelo may update this UA from time to time by posting revised versions of this UA on the Sites without notice to you, except that the effective date at the top of this UA will change and your subsequent use of the Site will be governed by that new UA. The terms of this UA are effective until terminated by Jalawelo at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.