American Friends of Germany Inc.'s Terms of Use

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITES


WWW.AMERICANFRIENDSOFGERMANY.ORG
WWW.AMERICANFRIENDSOFGERMANY.COM
WWW.GIVINGTOGERMANY.ORG
WWW.GIVINGTOGERMANY.COM
WWW.AFOG-USA.COM
WWW.AFOG-USA.ORG
(hereafter the "Websites")

OR ANY SERVICES OFFERED BY THE WEBSITES.

By using the Websites or any services offered by them, you signify your assent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use the Websites.

UPDATES AND REVISIONS
The Websites contain online information provided by American Friends of Germany, Inc. and its affiliates, which may revise and update these Terms of Use at any time without notice by posting such revised Terms of Use at http://www.afog-usa.org/termsofuse. Your continued usage of the Websites or any of their services will mean you accept those changes.

NO LEGAL ADVICE
The materials and services available on the Websites (hereinafter the "Materials") have been prepared by American Friends of Germany, Inc., its editorial staff members and other contributors for informational purposes only. Legal services are not offered by the Websites. All services provided by the Websites cannot be regarded or relied upon as legal services. Laws and procedures change frequently and are subject to differing interpretations. For legal advice please hire a licensed attorney outside the Websites in the relevant jurisdiction in which you are looking for legal advice. The Websites do not guarantee or warrant that the Materials are accurate, complete or up-to-date. The Websites have no intention to create, and your use of the Materials does not constitute an attorney/lawyer-client relationship. You should not act upon any of the Materials without seeking professional counsel. Any opinions, whether legal or otherwise, expressed on the Websites are solely those of the respective author.

COPYRIGHTS AND TRADEMARKS
The Materials included on the Websites, such as text, graphics, logos, button icons, images, audio, visual, or audiovisual clips are the property of American Friends of Germany, Inc. or its content suppliers and protected by U.S. (federal and state), foreign, and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Materials on the Websites is the exclusive property of American Friends of Germany, Inc. and protected by U.S. (federal and state), foreign, and international copyright laws. All software used on the Websites is the property of American Friends of Germany, Inc. or its software suppliers and is protected by U.S. (federal and state), foreign, and international copyright laws. Any Materials appearing on the Websites that are not owned by American Friends of Germany, Inc. are used with permission from the rightful owners. None of these Materials can be reused without written prior consent of the owner.

USAGE REGULATIONS
In consideration of your use of the Websites, you agree not to:
(1) post, upload, transmit, e-mail, or send any communications or content of any type that infringe or violate any rights of any party;
(2) post, upload, transmit, e-mail, or send any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or otherwise violative of any law;
(3) impersonate another person or allow any other person or entity to use your identification for posting, uploading, transmitting, or sending any materials;
(4) post, upload, transmit, e-mail, or send any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(5) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Websites.

Neither the Websites nor any portion of them may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by American Friends of Germany, Inc. or its authorized representatives. We, and our affiliates, reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, without limitation, if we believe that customer conduct violates applicable law or is harmful to the interests of American Friends of Germany, Inc. and its affiliates.

PRIVACY
The Websites´ Privacy Policy is available at http://www.americanfriendsofgermany.org/en/privacypolicy. Please read our Privacy Policy carefully before using the Websites.

NO WARRANTIES AND REPRESENTATIONS
THE WEBSITES AND THE MATERIALS AND SERVICES INCLUDED OR OFFERED THEREON ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE WEBSITES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THE EXPRESS OR IMPLIED WARRANTY OF THE CORRECTNESS OR ACCURACY, WITH REGARD TO THE WEBSITES, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITES, OR ANY SITES LISTED ON THE WEBSITES, AND AMERICAN FRIENDS OF GERMANY, INC. AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION OR SERVICE. THE WEBSITES DO NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITES WILL BE CORRECTED.

THE WEBSITES MAKE NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH THEM. WHEN YOU ACCESS THROUGH THE WEBSITES ANOTHER WEBSITE, PLEASE BE AWARE THAT IT IS COMPLETELY INDEPENDENT; THE WEBSITES DO NOT HAVE CONTROL OVER THE CONTENT ON THAT WEBSITE.

IN NO EVENT WILL AMERICAN FRIENDS OF GERMANY, INC. AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME BE LIABLE FOR
(1) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL, DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITES, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED OR OFFERED ON THE WEBSITES OR DOWNLOADED FROM THE WEBSITES, EVEN IF THE WEBSITES OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITES, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED, PROVIDED, OR OFFERED THROUGH THE WEBSITES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE WEBSITES´ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless American Friends of Germany, Inc. and its members, managers, officers, employees, agents, affiliates, and the assigns of same, from and against any and all loss, costs, expenses (including, without limitation, reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Websites and any violation of these Terms of Use by you.

GOVERNING LAW AND JURISDICTION
These Terms of Use constitute a contract made under and shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. You agree that the 9th Circuit federal court of the Northern District of California, if it has subject matter jurisdiction, shall have exclusive jurisdiction to hear and determine any claims or disputes between you and American Friends of Germany, Inc. (and/or its members, managers, officers, employees, agents, affiliates, and the assigns of same), pertaining directly or indirectly to these Terms of Use, or to any matter arising therefrom, or any other document executed and delivered in connection herewith or therewith. If such federal court lacks subject matter jurisdiction, the Superior Court located in San Francisco, California, shall have exclusive jurisdiction to hear and determine such claims or disputes.

NO WAIVER
American Friends of Germany, Inc.´s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

NO MODIFICATION
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.

ASSIGNMENT
American Friends of Germany, Inc. may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

ENTIRE AGREEMENT
Except as expressly provided in a particular legal notice posted by American Friends of Germany, Inc. on the Websites, these Terms of Use constitute the entire agreement between you and American Friends of Germany, Inc. with respect to the use of the Websites and the Materials included, contained, and offered thereon.