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Terms of Use Agreement

Welcome to Know.Think.Act., a program of Global Support Mission.  We maintain this web site as a service to our Global Affiliates and Allies.  By using our site, you are agreeing to comply with and be bound by the following terms of use.  Please review the following terms carefully.  If you do not agree to these terms, you should not review information or make contributions to this site.

1. Acceptance of Agreement. 

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to Know.Think.Act. and Global Support Mission (from here to be referred to as “KTA/GSM”).  This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to KTA/GSM, the content, products or services provided by or through KTA/GSM, and the subject matter of this Agreement.  This Agreement may be amended at any time by us from time to time without specific notice to you.  The latest Agreement will be posted on KTA/GSM, and you should review this Agreement prior to using KTA/GSM.

2. Copyright 

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to KTA/GSM are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.  The copying, redistribution, use or publication by you of any such matters or any part of KTA/GSM, except as allowed by Section 4, is strictly prohibited.  You do not acquire ownership rights to any content, document or other materials viewed through KTA/GSM.  The posting of information or materials on KTA/GSM does not constitute a waiver of any right in such information and materials.

3. Trademarks.

Product and company names mentioned on KTA/GSM may be trademarks of their respective owners.

4. Limited Right to Use. 

The viewing, printing or downloading of any content, graphic, form or document from KTA/GSM  grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use, unless permission is otherwise given from KTA/GSM .  No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or
redistribution).  

5. Editing.

Deleting and Modification.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on KTA/GSM.  
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6. Indemnification. 

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of KTA/GSM.  

7. Nontransferable. 

Your right to use KTA/GSM is not transferable.  Any password or right given to you to obtain information or documents is not transferable.  

8. Disclaimer and Limits. 

THE INFORMATION FROM OR THROUGH KTA/GS ARE PROVIDED “AS-IS,” “AS AVAILABLE”.  THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE.  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU.  KTA/GS AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH KTA/ GS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE KTA/GSM.  

9. Use of Information. 

We reserve the right, and you authorize us, to the use and assignment of all information regarding KTA/GSM uses by you and all information provided by you in any manner consistent with our Privacy Policy.

10.Privacy Policy. 

Please visit our Privacy Policy, which is incorporated into this agreement, by visiting here (make linkable).

11.Payments. 

You represent and warrant that if you are giving towards a need that (a) any credit information you supply is true and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay the charges incurred by you at the posted prices.
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12.Links to other Web Sites. 

KTA/GSM may contain links to other Web sites.  We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us.  Inclusion of any linked Web site on KTA/GSM does not imply approval or endorsement of the linked Web site by us.  If you decide to leave KTA/GSM and access these third-party sites, you do so at your own risk.

13.Proprietary Rights. 

KTA/GSM does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post on or through KTA/GSM.  After posting your Content to KTA/GSM, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.  By displaying or publishing ("posting") any Content on or through KTA/GSM, you hereby grant to KTA/GSM a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through KTA/GSM, including without limitation
distributing part or all of KTA/GSM in any media formats and through any media channels.  
 
 The license you grant to KTA/GSM is non-exclusive, fully-paid and royalty-free,  
 sub-licensable, and worldwide.
 You represent and warrant that: (a) you own the Content posted by you on or through
 KTA/GSM  or otherwise have the right to grant the license set forth in this Section 13, and
 (b) the posting of your Content on or through KTA/GSM does not violate the privacy rights,
 publicity rights, copyrights, contract rights or any other rights of any person or entity.
 
 You agree to pay for all royalties, fees, and any other monies owing any person or entity
 by reason of any Content posted by you on or through KTA/GSM.

14.Refund Policy.

KTA/GSM is unable to offer refunds of donations made through KTA/GSM.  Funds received through KTA/GSM are assembled and wired over internationally to facilitate the need selected and cannot be retrieved once donated.

15.Estimated Costs.  KTA/GSM confers with local organizations and contractors and makes every effort to give accurate and complete cost assessments of needs / projects.  From time to time a certain project may come in under our projected cost.  In these cases, the leftover funds will be applied to KTA/GSM’ most urgent and pressing needs / projects.  There will be no refunds given for any funds deemed in excess of specific projects but will be applied to these most urgent and pressing needs / projects.

16.Project Completion Delivery.  KTA/GSM makes every effort to deliver photos, video, or other acceptable media showing the outcome of completed projects and needs.  Our goal is to deliver this media within 1 to 6 months after project completion, however, KTA/GSM make no promise and cannot be held responsible to deliver said materials with every project.
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17.Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Tennessee, without regard to its conflict of law provisions.  You and KTA/GSM agree to submit to the exclusive jurisdiction of the courts located within the State of Tennessee to resolve any dispute arising out of the Agreement or KTA/GS.  EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR THERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

18.Miscellaneous. 

This Agreement is accepted upon your use of the KTA/GSM Website and is further affirmed by you becoming an Ally.  This Agreement constitutes the entire agreement between you and KTA/GSM regarding the use of KTA/GSM. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  To the extent that anything in or associated with KTA/GSM is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  
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