Last updated January 30, 2013.

Welcome to the namatimain.wpengine.com website (the “Site”), operated by Namati, Inc., a Delaware corporation (“Namati”, “we”, “us” or “our”). Your use of the Site or use of any of the services offered on or via the Site (collectively, the “Services”) is subject to these terms of use (the “Terms”). We may modify the Terms at any time without notice to you by posting revised versions of the Terms on our Site. Your use of the Site and any Services constitutes your binding acceptance of the Terms and Namati’s Privacy Policy, including any modifications that we make. If you do not agree to the Terms, do not use this website.

ACCESSING THE SITE

Eligibility, Registration and Account Responsibility

You must register in order to upload Tools to the Tools Database, obtain full access to Tools, participate in discussion forums and fully utilize any networking functions on the Site. To register, you must be 18 years or older, have the requisite power and authority to enter into the Terms, truthfully and accurately provide all required information, including a legitimate email address, and obtain a unique username and password.

You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Furthermore, you are strongly advised to maintain and to protect your privacy by choosing carefully what personally identifiable information you provide on the Site.

Assumption of Risk

Your use of the Site is at your own risk, including the risk that you might be exposed to Content that you find offensive or that is inaccurate, objectionable or otherwise inappropriate. Your use of the Site constitutes your acknowledgment that you bear all risks associated with using such Content.

CONTENT

Acceptable Uses

Our Site includes a combination of content that we, our users and other third parties create (collectively, the “Content”). All of the Content available through the Site including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and animations, is trademarked or copyright protected. Content posted to the Tools Database at namatimain.wpengine.com/tools (such content, the “Tools”) is intended to be used as part of a platform provided for practitioners to share experiences and resources, including, but not limited to, research, training materials, monitoring and evaluation tools, case management systems and advocacy strategies. You may use a Tool to assist in performing issue advocacy consistent with the mission of Namati as published at https://namati.org/about/our-mission (the “Mission”), provided that your use of a Tool must in no way violate any law of the jurisdiction in which such Tool is used. Except as permitted herein, you may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content on the Site in whole or in part.

Contributing Content

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on the Site (“Your Content”). You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Namati. You assume all risks associated with posting and sharing Your Content, including anyone’s reliance on its quality, accuracy or reliability. Prohibited content includes, but is not limited to, and you represent that you will not post Content that is:

• copyrighted material and trademarks that are used without the express permission of the owner;
• advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose;
• content in which you impersonate another person or entity;
• content that, in the sole opinion of Namati, is pornographic, sexually explicit or obscene;
• content that, in the sole opinion of Namati, exploits children or minors;
• content that Namati has reason to believe was posted for malevolent purposes, including libel, slander, defamation or harassment;
• content that Namati, in its sole opinion, deems offensive to the Site community, including, but not limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity;
• content that could be construed as electioneering, political advocacy (as opposed to issue advocacy that does not function as political campaign intervention) or participation in campaign activity, including, but not limited to, providing information about a specific political candidate and/or a candidate’s position on specific issues;
• content promoting or providing instructional information about illegal or illicit activities; or
• content that transmits or contains viruses, corrupted files or any similar element.

We may from time to time, examine the Content on the Site or at the point of upload. We have the right, but not the obligation, to remove or decline to post any Content that may, in our sole discretion, violate these Terms or that is otherwise objectionable to us. We are not responsible for the loss, deletion, failure to store, misdelivery or untimely delivery of any Content submitted to or transmitted through the Site. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content. You may not post, or attempt to post, Content that interferes with our normal operations or with the use and enjoyment of another user. You may access the Site and the Content only through the interfaces provided by us. You agree to use the Site and the Services only for their intended lawful purpose and in accordance with applicable laws.

Our Right to Use Your Content

You certify that either (i) you own all intellectual property rights in Your Content, or (ii) in posting or transmitting Your Content, you are acting with the permission of the owners of such Content to both (a) post such Content and to (b) grant any further licenses to such Content or permissions to use such Content as described herein. When you post or transmit Your Content on or through the Site you grant Namati a perpetual, worldwide, irrevocable, royalty-free, nonexclusive and sublicensable license (the “License”) to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on the Site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, (iii) storing Your Content in a remote database accessible by end users, and/or (iv) providing Services through and outside of the Site, including, but not limited to, implementing interventions expanding legal empowerment, offering technical assistance to development organizations, governments and civil society actors and hosting workshops for members. The License shall apply to the distribution and the storage of Your Content in any form, medium or technology now known or later developed.

Users’ Right to Use Your Content

When you post or transmit Your Content on or through the Site you also irrevocably grant the users of the Site the right to access and use Your Content in connection with the use of the Site.

CONDUCT ON OUR SITE

If we request registration information from you, you will provide us with true, accurate, current and complete information. If you are registering on behalf of an organization, you represent that you have the necessary permissions and/or authority from that organization to (i) register the organization as a member of the Site and (ii) act on behalf of and in the name of that organization in any interactions with the Site, including, but not limited to, posting of Content to the Tools Database and discussion forums. You will promptly update your registration or that of your organization to keep it accurate, current and complete. If we issue you a password, you may not reveal it to anyone else and you may not use another person’s password. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. The technology and the software underlying the Site and the Services is the property of Namati and our contractors. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute or reverse engineer any of the technology or software underlying the Site or the Services. You agree not to modify the software underlying the Site in any manner or in any form or to use modified versions of such software, including, without limitation, for the purpose of obtaining unauthorized access to the Site.

Prohibited Conduct

Without limiting the foregoing, you agree that you will not use our Site to take any of the following actions:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
• publish, post, upload, email, distribute or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
• Transmit files that contain viruses, corrupted files or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, the Site, any software or hardware or telecommunications equipment;
• advertise or offer to sell any goods or services for any commercial or other purpose;
• Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials or chain letters;
• download any file that you know or reasonably should know cannot be legally obtained in such manner;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
• restrict or inhibit any other user from using and enjoying any public area within the Site;
• use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user;
• collect or store personal information about other end users;
• interfere with or disrupt the Site, servers or networks;
• impersonate any person or entity, including, but not limited to, a Namati representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through the Site or to manipulate your presence on the Site;
• take any action that imposes an unreasonably or disproportionately large load on our infrastructure; or
• engage in any illegal activities.

If you choose a username that, in our sole discretion, is obscene, indecent or abusive, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Site, deny you access to the Site or employ any combination of these options. Unauthorized access to the Site is a breach of these Terms and a violation of the law. You agree not to use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy any part of the Site, except those automated means that we have approved in advance and in writing. Use of the Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law-enforcement requests or requirements relating to your use of the Site.

NAMATI’S RIGHTS

We have the right, but not the obligation, to take any of the following actions, in our sole discretion, at any time and for any reason without giving you any prior notice:

• restrict, suspend or terminate your access to all or any part of our Services if you fail to abide by these Terms;
• change, suspend or discontinue all or any part of our Services;
• refuse, move or remove any content;
• refuse to register any user name that may be deemed offensive;
• establish general practices, fees and policies concerning the Site and the Services we provide.

You agree that we will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as service announcements and administrative messages from us and that these communications are considered part of the Services. We may also contact you via email to notify you about special events available to Site registrants. By becoming a Site registrant you consent to the receipt of these communications. You will be able to opt out of receiving these messages.

THIS SITE DOES NOT OFFER PROFESSIONAL ADVICE

The Site is intended to provide general information about Namati, its mission of legal empowerment and programs and research which we support and to provide practitioners with an online network for the sharing of resources and experiences, including research, training materials, monitoring and evaluation tools, case management systems and advocacy strategies. The Site is not engaged in the provision of professional advice or information. Content posted on the Site should be considered as opinion only and should not be taken as a substitute for, without limitation, legal or other professional advice from a qualified service provider. We make no representations or warranties concerning any action taken by any person in reliance on the information provided through the Site. We will not be liable for any damages that may result, including but not limited to direct, indirect, consequential, special or other damages or economic loss, illness, injury or death.

THIRD-PARTY SITES, PRODUCTS AND SERVICES

The Site provides access and contains links to third-party Internet sites and services. Inclusion of these links and services on the Site does not constitute our endorsement of the materials on those third-party sites and does not signify any association with the owners or operators of those third-party sites and services. Your use of such third-party sites and services is subject to the terms and conditions set by the third-party site or service in question. We have no control over these third parties, and we are not responsible for their activities. You may receive email communications from third parties if you utilize a third-party service provided through the site. We do not sell, resell or license any of the products or the services related to any third-party sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, remain solely between you and that third party. You agree that we will not be responsible for or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.

PRIVACY POLICY

You represent that you have read, have understood and accept our Privacy Policy (the “Privacy Policy”). Note that we may disclose information about you to third parties if you have requested or authorized the disclosure or if we have a good faith belief that such disclosure is reasonably necessary to (i) take action regarding suspected illegal activities, (ii) enforce or apply our Terms and Privacy Policy, (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding or other legal process served on us or (iv) protect our rights, reputation and property, or that of our users, affiliates or the public. Please click here to see our full Privacy Policy.

VISITORS FROM OUTSIDE THE UNITED STATES

The Site and Services are offered from the United States. We make no representations or warranties that the Site or Services are appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site and Services from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States. Access to the Site and the services is prohibited where such access or use violates applicable laws or regulations.

DISCLAIMERS

We disclaim any and all responsibility and liability for (i) the deletion, the failure to store, the misdelivery or the untimely delivery of any information or material; (ii) any harm resulting from downloading or accessing any information or material on the Internet using search results from our Site; and (iii) any service outages that are caused by our maintenance on the servers or the technology that underlies the Site, failures of our Service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance or any other cause beyond our reasonable control. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SITE, ANY CONTENT OR ANY OF OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. IN ADDITION, WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF THE CONTENT ON THE SITE, AND YOU MAY NOT RELY ON ANY OF THIS CONTENT. WITHOUT LIMITATION, WE ARE NOT RESPONSIBLE FOR POSTINGS BY USERS IN ANY INTERACTIVE SECTIONS OF THE SITE, INCLUDING, BUT NOT LIMITED TO, THE TOOLS DATABASE. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

By utilizing the Site, you agree to indemnify, defend and hold Namati and all of its officers, directors, employees, representatives, Advisory Council members, Network Guidance Committee members, agents, information providers and licensors (collectively, the “Namati Parties”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by any Namati Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of:

• your use of the Site;
• your use of any third-party sites and services accessed through the Site;
• any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
• the content, the quality or the performance of content that you submit to the Site;
• your connection to the Site;
• your violation of these Terms; or
• your violation of the rights of any other person or entity.

You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any Content you post or transmit through the Site or the Services we provide. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

GOVERNING LAW

By visiting or using the Site, you agree that the laws of the State of New York, without regard to principles of conflicts of law, will govern our Privacy Policy and these Terms and any dispute of any sort that might arise between you and Namati. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice

Materials may be made available through the Site by third parties who are not under our control. Namati respects the copyright interests of others and, as such, requires our users to comply with all Terms regarding copyrights. It is our policy to terminate user accounts for failure to comply with our copyright policy. If you believe that any Content shown on or transmitted through the Site violates these Terms or your copyright please report the violation. In the case of a copyright violation please provide a written notice with a physical or electronic signature and the following information:

• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site (including the exact URL);
• an address, a telephone number and an email address where we can contact you and, if different, an email address where the alleged infringing party, if not Namati, can contact you;
• a statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent or by law; and
• a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.

All notices should be sent to our designated agent as follows:

• Mia Velasco, c/o Namati
• 1616 P Street NW, Suite 101
• Washington, DC 20036
• miavelasco@namati.org

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material.

MISCELLANEOUS

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site, our delivering them to you through email or your otherwise becoming aware of such notices through other means. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) month after such claim or cause of action arose or it will be forever barred. These Terms, including the Privacy Policy, constitute the entire agreement between you and Namati and govern your use of the Site, superseding any prior agreements that you may have with us. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect.