Terms of Use

The following Terms of Use govern your use of our website located at givingcradle.com (the “Website”), and any and all content, functions, and services offered through the Website. Please review the following terms carefully.  By accessing or using the Website, you consent to these Terms of Use and our Privacy Policy (located at [insert link to Privacy Policy]).  If you do not agree to these Terms of Use, you may not access or use the Website.

 

Privacy Policy

Barakat Bundle’s (hereafter referred to as “Barakat,” “we,” “us,” or “our”) policies with respect to its treatment of Website users is set forth in its Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Website, you consent to the terms in our Privacy Policy.

Modification of Terms of Use [NOTE: Reserving a right to modify the terms of use at any time can create a risk of unenforceability. Requiring users to affirmatively consent (e.g., by clicking “I accept”) is one way of mitigating this risk. Barakat may consider requiring users to assent to updated terms of use when using parts of the website.]

If we amend or update the Terms of Use in any manner, we will notify you by posting a notice on the Website and/or sending you an email to the email address you provided to us upon registration. If you do not agree to abide by these or any future Terms of use, do not access or use the Website.  Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of Barakat’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Barakat.  No purported waiver or modification of the Terms of Use by Barakat via telephonic or email communications shall be valid.

 

About the Website

For the purposes of this Agreement, “Services” refers to Barakat’s services which can be accessed via the Website in which users can: sign up for our newsletter; offer support through online donations; make comments on blog posts; and connect to us via email and social media.  “You” refers to you, as a user of the Services.

 

Rules for use of the Services

This Website is offered to users who are 18 years old or older. You need to be at least 18 years old to use the Services. By using this Website you represent and warrant that you are at least 18 years old. If you are under the age of 18, you must have your parent or guardian read this Agreement and agree to it for you.  If you do not get your parent or guardian to read and agree to this, you do not have permission to use the Services.

No one under the age of 18 may use the Services or provide any personal information to Barakat on the Website (for example a name, email address, telephone number or address).  

 

Use Restrictions 

Your permission to use the Website is conditional upon the following Use Restrictions: You agree that you will not under any circumstances:

  • use the Website or Services for any unlawful purpose or for the promotion of illegal activities;
  • interfere or attempt to interfere with the proper functioning of the Website or Services;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Website or Services, or use any software, technology or device to scrape, spider or crawl the Website or Services or harvest or manipulate data;
  • use the Website or Services in violation of these Terms of Use or applicable law;
  • access any data or information not intended for you;
  • misrepresent your identity or provide untruthful or inaccurate information; or
  • transmit and unsolicited or unauthorized advertising or promotional materials, or any adware, malware, spyware, virus or other harmful, malicious or surreptitious code.

Online Content Disclaimer

Barakat does not guarantee the accuracy, completeness, or usefulness of any information on the Services or Website and neither does Barakat adopt nor endorse, nor is Barakat responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Barakat.  Under no circumstances will Barakat be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services or Website, or transmitted to users.

 

US Access Only

The Website and Services are intended for residents of the United States only. If you choose to access the Website or Services from locations outside of the United States, you do so at your own initiative and risk, and are responsible for compliance with all applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws.

 

Links to and from Other Sites and/or Materials  

As part of the Website and Services, Barakat may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).  These links are provided as a courtesy to users.  Barakat has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by Barakat, and Barakat is not responsible for any Third Party Sites accessed through the Website or any Third Party Applications, Software or Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Barakat.  If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, Barakat accepts no responsibility for any loss or damage that may arise from your use thereof, and you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.

You may link to our Website, provided you do so in a manner that is consistent with applicable law and that does not damage our reputation or goodwill. You may not link to our Website in any manner that would suggest any form of association, endorsement, or approval without our express prior written consent.

[NOTE: Can users create accounts on the Website? If so, consider whether you want the ability to disable and suspend accounts or to refuse access, etc.]

 

Copyright Complaints

Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, please submit a notification by sending an email to Barakat at  info@barakatbundle.org [NOTE: Has Barakat registered as a DMCA service provider?]

 

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, trademarks and other proprietary rights.  Other product and company names that are mentioned on the Website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

 

Email May Not Be Used to Provide Notice

Communications made through Barakat’s e-mail system will not constitute legal notice to Barakat or any of its officers, employees, agents or representatives in any situation where notice to Barakat is required by contract or any law or regulation.

 

User Consent to Receive Communications in Electronic Form

For contractual purposes, you (a) consent to receive communications from Barakat in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Barakat provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about Barakat and special offers. You may opt out of such email by following the unsubscribe instructions provided in each email, or by emailing us at info@barakatbundle.org.

 

Warranty Disclaimer

You acknowledge and agree that we do not guarantee the Website or the Services will be free of viruses or other destructive or malicious code. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR DEVICE, COMPUTER, DATA OR OTHER PROPRIETARY MATERIAL IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING ANY MATERIALS OBTAINED THROUGH THE WEBSITE OR SERVICES.

THE WEBSITE AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, BARAKAT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE AND SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BARAKAT MAKES NO WARRANTY OR REPRESENTATION THAT THE WEBSITE, ITS CONTENT, THE WEBSITE AND SERVICES AND ACCESS TO OR OPERATION OF THE WEBSITE AND SERVICES WILL BE RELIABLE, UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE WEBSITE OR SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

Limitation of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BARAKAT, ITS AFFILIATES, DIRECTORS OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES; (B) THE WEBSITE OR SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITE OR SERVICES AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH BARAKAT OR ANY OTHER USER OF THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BARAKAT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.  TO THE EXTENT LIABILITY CANNOT TO BE DISCLAIMED BY APPLICABLE LAW, THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify and hold harmless Barakat, and its affiliates, licensors, employees and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and Services or any content that you submit on the Website.

 

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Terms of Use will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of Barakat to enforce any provision of the Terms of Use will not be considered a waiver of our right to enforce such provision.

You agree that any cause of action related to or arising out of your relationship with Barakat must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Website are governed by the federal laws of the United States of America and the laws of the State of Massachusetts, without regard to conflict of law provisions. [NOTE: Barakat may want to consider including a waiver of class action rights if it thinks there is a risk of class action lawsuits arising from use of the website. Barakat may also consider binding arbitration as the sole dispute resolution mechanism to further mitigate potential liability.]

Barakat may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use without Barakat’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [INSERT LINK TO PRIVACY POLICY] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.