TERMS OF USE

Website © 2021 Gilgal, Inc.
Last updated: 10/18/21

ACCEPTANCE OF TERMS OF USE

This Terms of Use Agreement (the “Terms of Use”) states the terms and conditions under which you may use the Gilgal, Inc. website (the “Site”) located at https://www.womenofgilgal.org/ and https://www.gilgalbluejeangala.org/. Please read the Terms of Use carefully. The Site contains various information relating to Gilgal, Inc. (“Gilgal”, “we”, “us” or “our”) in the form of text, graphics, images, news, data, reports, and other materials. By accessing, browsing and/or using the Site you acknowledge that you have read, understood, and agree to be legally bound by the Terms of Use. If you do not accept the Terms of Use (and therefore do not agree to be bound by the Terms of Use), do not use any portion of the Site.

CHANGES TO THE TERMS OF USE

We may update or modify these Terms of Use at any time effective upon posting the amended Terms of Use on the Site, along with the date on which it was most recently updated. We may give notice of such updates and modifications by any means, including without limitation, by posting a revised version of these Terms of Use on the Site, or providing other notice on the Site (“Notice”). All Notices will be effectively immediately. You should view these Terms of Use often to stay informed of any changes that may affect you. Your continued use of the Site thereafter signifies your acceptance to such changes.

The version of these Terms of Use posted on our Site on each respective date you visit the Site will be the Terms of Use applicable to your access and use of the Site on that date. Our electronically or otherwise properly stored copies of these Terms of Use and the Privacy Policy shall be deemed to be the true, complete, valid, and authentic copies of the version of the Terms of Use and the Privacy Policy that were in force on each respective date you visited the Site. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue access to the Site (or any portions, components, or features thereof) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability.

OWNERSHIP AND USE OF SITE AND CONTENT

You understand and agree that Gilgal owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.

You acknowledge that the Site and Content are proprietary to Gilgal, and are protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries. For Content we own, you acknowledge that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You shall not claim ownership over any Content by reason of your use of or any right to use the Site or create or change the status of any lien or other security interest or legal rights. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites.

You may not modify, redistribute, sell, or modify any Content, in whole or in part without permission from Gilgal.  You may view, print, store, archive, and use the Content on the Site (without alteration, website framing, or redaction) solely for your personal, noncommercial use or for the benefit of Gilgal, and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Site, or any other Content available via the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by Gilgal.

You will use the Content and the Site for only lawful purposes. You are prohibited from using the Content or the Site to (i) harm or threaten to harm any person or organization; (ii) damage or threaten to damage, disable, overburden, or impair any network, system, computer, or physical or intangible property; (iii) interfere with any other party’s use and enjoyment of the Site; (iv) gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) access systems, data or information not intended by Gilgal to be made accessible to a user; (vi) attempt to obtain any materials or information through any means not intentionally made available by us; (vii) perform or threaten to perform any malicious or unethical activity, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation, or for any unlawful, unauthorized, fraudulent or malicious purpose; or (viii) engage in any use other than the purpose for which it was intended.

In addition, in connection with your use of the Site, you agree you will not:

(a)  Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;

(b)  Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Gilgal representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c)  Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

(d)  Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

(e)  Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

(f)  Use any of the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

(g)  Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;

(h)  Violate any applicable local, state, national or international law;

(i)  Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

(j)  Delete or revise any material posted by any other person or entity;

(k)  Probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems;

(l)  Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any offerings if you are not expressly authorized by such party to do so;

(m)  Harvest or otherwise collect information about others, including e-mail addresses;

(n)  Use any modified versions of the Site, for any reason whatsoever, without the express written consent of Gilgal;

(o)  Attempt to gain any unauthorized access to the Site or any of its associated Content, including computer systems, software, or networks; or

(p)  Use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any Content or information thereon.

Gilgal reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Use, including, without limitation, the suspension or termination of your access and/or account. Gilgal may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Gilgal reserves the right at all times to disclose any information as Gilgal deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Gilgal’s sole discretion. You also agree to reimburse Gilgal for any damage, loss, cost or expense Gilgal incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Site for any unlawful or prohibited purpose.

PRIVACY POLICY

You agree to review the website Privacy Policy posted on this Site, which can be accessed here: https://www.gilgalbluejeangala.org/privacy-policy.

SUBMISSIONS

Any information, communications, or material of any type or nature that you submit to or post on the Site (or to any of our pages on a social media platform or other website) by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. Gilgal does not own any Submissions provided via the Site. You are fully responsible for all Submissions, which must comply with these Terms of Use.  You hereby agree that by inputting/submitting such Submissions, you grant Gilgal a nonexclusive, unrestricted, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions (or any content or materials contained therein). You hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any content or material contained therein, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

Gilgal neither actively monitors general use of the Site, nor exercises editorial control over any Submissions. However, Gilgal does reserve the right to monitor such Submissions or other use at any time as it deems appropriate and to remove any materials that, in Gilgal’s sole discretion, may be illegal, may subject Gilgal to liability, may violate these Terms of Use, or are, in the sole discretion of Gilgal, inconsistent with Gilgal purpose for the Site.

ELECTRONIC COMMUNICATIONS

When you use the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

THIRD-PARTY WEBSITES

For your convenience, the Site may provide certain links to other websites or social media platforms which are not under the control of Gilgal (“Third-Party Sites”) for specific purposes, such as making donations or scheduling activities. While we strive to provide accurate and quality information, we do not endorse or sponsor any content in a Third-Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD-PARTY SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING, INCLUDING ALL LIABILITY FOR SUCH WEBSITES, FOR ALL ACCESS TO AND USE THEREOF, AND FOR USE OF THE LINKS TO SUCH WEBSITES.

We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Visit Third-Party Sites at your own risk and take precautions when downloading files from this and all Third-Party Sites to protect your computer from viruses and other destructive programs. You agree that you will bring no suit or claim against Gilgal arising from or based upon any such use of any Linked Websites. Hyperlinks to such Third-Party Sites on the Site do not imply that:  (a) Gilgal is affiliated or associated with any Third-Party Site; (b) Gilgal is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Third-Party Site is authorized to use any trademark, trade name, logo, or copyright symbol of Gilgal.

Your use of a Third-Party Site and the collection and use of your personal information at such site will be governed by the Third-Party Site’s terms of use and/or privacy policy, and not by the Terms of Use or Privacy Policy of this Site. You should direct any concerns regarding the Third-Party Site to the Third-Party Site’s administrator or webmaster.

LINKS TO THE SITE

Neither you nor any other website may link to the Site without the permission of Gilgal. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) “deep link” to any page of the Site other than the home page; (b) “frame” the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to Gilgal or any entity that is affiliated or associated with Gilgal; or (d) otherwise imply or state that any type of relationship or special arrangements exist with Gilgal and any other entity. You agree that you will promptly remove any hyperlink to the Site upon the written request of Gilgal. In no event will you use any logo or trademark of Gilgal as a hyperlink “button”, or in any other manner, without Gilgal’s express written consent.

DISCLAIMER OF THIRD PARTY INFORMATION

To the extent that any information, material, or functionality on the Site is provided by third party content providers (“Third Party Materials”), Gilgal has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. Gilgal does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Gilgal.

DISCLAIMER OF WARRANTY

THE CONTENT PROVIDED ON THE SITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED ON THE SITE CONSTITUTES LEGAL, FINANCIAL, OR MEDICAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT, DOCTOR-PATIENT, FIDUCIARY, OR COUNSELING RELATIONSHIP BETWEEN US AND YOU OR ANY OTHER PARTY. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF US, ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, CONTRIBUTORS, OR LICENSEES (COLLECTIVELY THE “SITE PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.  THERE ARE NO THIRD PARTY BENEFICIARIES TO THESE TERMS OF USE.

NONE OF THE SITE PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. GILGAL PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SITE WITHOUT NOTICE. FURTHER, GILGAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. GILGal SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SITE.

NONE OF THE SITE PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE SITE PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY SITE PARTIES BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR RELIANCE ON THE SITE OR INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION ANY LOSS, COST, DAMAGE, OR OTHER INJURY CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED FROM THIRD PARTY SITES TO WHICH THIS SITE IS LINKED; (B) THE SECURITY OF THE SITE; (C) THE USE, COPYING, OR DISPLAY OF THE SITE OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET; (D) GILGAL’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE AND THE SITE; (E) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SITE, OR OTHER THIRD PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, OR QUALITY OF THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE SITE.

IN NO EVENT OR UNDER ANY CIRCUMSTANCES SHALL ANY SITE PARTIES BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR RELATING TO THE CONTENT, SITE, OR THE TERMS OF USE, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES, OR ANY OTHER CAUSE BEYOND THE CONTROL OF GILGAL, EVEN IF GILGAL WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, AND WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH JURISDICTIONS SITE PARTIES’ AGGREGATE LIABILITY IS LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

WITHOUT LIMITING ANY OF THE FOREGOING, IF THE SITE PARTIES ARE FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR THE SITE, THE SITE PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

INDEMNIFICATION

You agree to indemnify, defend and hold Gilgal harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the Site, your access to and use of the Site, your violation of these Terms of Use, your violation of any applicable law, regulation or code, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Terms of Use and your access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.

USER MUST COMPLY WITH APPLICABLE LAWS

We make no claims concerning whether the Site or Content may be viewed, printed, archived, downloaded, or used outside of the United States or otherwise outside of our intended service area. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

GENERAL

These Terms of Use (as may be revised and amended from time to time) constitute the entire agreement with respect to your access to and use of the Site. You agree that you shall not contest the admissibility or enforceability of Gilgal’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and Gilgal. Gilgal may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of Gilgal. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.

In the event that any portion of the Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Terms of Use shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Terms of Use. If we fail to enforce strict performance of any provision of the Terms of Use, such failure will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Terms of Use. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of the Terms of Use. Any rights not expressly granted herein are reserved.  Neither these Terms of Use, nor the Site, create any partnership, joint venture, employment, or other agency relationship between Gilgal and you. You may not enter into any contract on our behalf or bind us in any way.

You agree that any violation, or threatened violation, by you of these Terms of Use, or the referenced Privacy Policy, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

GOVERNING LAW/JURISDICTION/CLAIMS LIMITATION

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, except with regard to its conflicts of law rules. Any action relating to the Content, Site or the Terms of Use must be brought in the federal or state courts located in Atlanta, Georgia or the county in which we primarily operate, and you hereby expressly and irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the Content, Site or the Terms of Use must be commenced within one (1) year after the claim or cause of action arose. You further expressly waive any claim that venue is improper for any reason in these courts.

Additional written terms and conditions posted on the Site or executed in writing with you, including but not limited to, our Privacy Policy, govern use of the Site and Content and supersede any oral or other communication between the parties concerning the Site and Content.

CONTACT US

Gilgal welcomes any comments or questions you may have regarding these Terms of Use or the Site. Please contact us with your comments or questions at info@womenofgilgal.org or by phone at 404-305-8007, or by mail at: Gilgal, Inc., P.O. Box 150777, Atlanta, GA 30315-0192.