WEB SITE TERMS OF USE
Wow! You are actually reading this! Our lawyers made us include it and made us use a precious link on our home page to get you here. At first, we thought the lawyers were … well. But then we read the page. What a Netwakening! It’s really important stuff. We took the legalese of the lawyers and translated it as best as possible into readable English. So be smart and read this stuff. It could prevent you from hearing from our lawyers, or worse yet, from really nasty people, like prosecutors.
Here’s the deal: We run this site so that people like you (and people you like) can use it for personal edification, information, education, communication, and cyberlearning. So go ahead and browse around all you like. You can even download stuff from the site but only for non-commercial, personal use. If you do, though, don’t fool around with the copyright and other notices. They’re there for a really good reason. And don’t even think about distributing, modifying, transmitting, reusing, re-posting, or anything else with any of the stuff, including the text, images, audio, and video, for public or commercial purposes unless we give you written permission. Try us.
If you visit our site, you’re also legally obligated to the terms and conditions listed below and any other law or regulation that applies to the site, the Internet, the World Wide Web, or Westchester County, New York.
You shouldn’t access or browse the site if you have any problem with that, because once you start, there’s no turning back — you are bound by the terms and conditions. So here’s the scoop on our Top Twelve Rules for people who visit and use our site:
1. For everyone’s sake, just assume that everything on the site is copyrighted unless we say it’s not. So you can’t use the stuff except how we say you can on this page or anywhere else on the site without our written permission. And like we said before, it’s not likely we’ll give you permission anyway. In fact, even if we wanted to, the lawyers are likely to veto any deal anyway. So it’s better you don’t even ask.
2. While of course we make every effort to include totally accurate stuff on the site, we’re not promising you it’s 100% accurate. In fact, we’re not promising you anything except insight and ideas about how YOU might go about improving YOUR life and YOUR capacity to be effective in Advocacy and PR. So if you use stuff on the site, you’re using it at your own risk. Don’t call us if there’s a problem because we assume no liability or responsibility for errors or omissions on the site.
3. We and anybody else who helped us create, produce, or deliver the site are not liable for any damages you suffer when you use it. In particular, the lawyers want you to know that our disclaimer includes “direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. ” Ugh! What a mouthful. We put all of that in quotes because we couldn’t figure out any other way to say it that the lawyers would accept. But here’s the bottom line — we’re not responsible if you’re browsing around and the site damages you or your computer or infects it with any nasty viruses. We sure hope that doesn’t happen, but if it does, don’t call us.
4. If you don’t want the world to know something, don’t post in on the site in any bulletin board or anyplace else. That’s because anything you disclose to us is ours. So we can do anything we want with what you post. We can reproduce it, disclose it, transmit it, publish it, broadcast it, and post it someplace else. Not only that, we can even use any ideas, concepts, know-how, or techniques you post any way we want to, including, developing, manufacturing and marketing products or other stuff using the information you post.
5. Pictures of people or places shown on the site are either our property or someone else’s property we’re using with their permission. No matter what, it’s definitely not your property. You or any of your net-friends can’t use it unless we said you could on this page or somewhere else on the site. And guess what — we won’t say yes. So be careful because unauthorized use may violate all sorts of nasty laws. So be smart, keep the stuff you download to yourself.
6. There’s also a lot of trademarks, logos, and service marks on the site that either we own or we’re using with someone else’s permission. So don’t think you have any kind of license or right to use them, because you don’t. If you don’t leave them alone and mess with our trademarks, logos and service marks on our site, we’ll probably go ballistic, so will the companies that own the other trademarks, logos and service marks. That means that we’re likely to sue you or to ask a prosecutor to come after you for messing around with our property or the property of others.
7. FEES AND PAYMENT. As consideration for the Products purchased by you and provided to you by Global Development Enterprise, You agree to pay Global Development Enterprise at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Global Development Enterprise expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by you by providing either a valid credit card, or using Global Development Enterprise’ prepaid services such as “paid on site at events” or checks.
When a product has a “30 day money back guarantee,” you are eligible for a full refund within 30 days after your original purchase. To secure your refund, submit a “Help Ticket” at: https://ngo-academy.com/helpdesk/.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month.
If for any reason Global Development Enterprise is unable to charge Your Payment Method for the full amount owed Global Development Enterprise for the Services provided, or if Global Development Enterprise is charged a penalty for any fee it previously charged to Your Payment Method, you agree that Global Development Enterprise may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason Global Development Enterprise is unable to charge Your credit card with the full amount of the Services provided, or if Strategic Profits is charged back for any fee it previously charged to the credit card You provided, You agree that Global Development Enterprise may pursue all available remedies in order to obtain payment. You agree that among the remedies Global Development Enterprise may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any Services registered, bought or renewed on your behalf. Global Development Enterprise reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties you have elected to use as payment methods, including PayPal, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for you. You may change Your Payment Method at any time by logging into “user profile”.
You agree that you are solely liable for arranging that Your Services are renewed, and that Global Development Enterprise shall not be liable to you or any third party if it is unable to charge Your Payment Method in order to renew Your Services. While all purchases are processed in US dollars, Global Development Enterprise may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Global Development Enterprise makes no representations or warranties that the actual price will be the same or substantially similar to the actual price you will pay and you waive any and all claims based upon any discrepancy between the estimate and the actual price.
A. Pay by PayPal (for use with one time payment only and can not be used with reoccurring orders)
By using Global Development Enterprise’ pay by PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), You can purchase Global Development Enterprise Products using PayPal. In consideration for the Products purchased by you and provided to you by Global Development Enterprise, You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable. It is your responsibility to keep Your PayPal Account current, and to have available funds in it. You agree that PayPal and Global Development Enterprise will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, you agree that PayPal and Global Development Enterprise may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your account by PayPal or charged to Your Preferred Funding Source.
8. You’ll probably notice we’ve linked our site to others. While that’s cool, it doesn’t mean we’ve looked at all those sites, much less checked them out periodically to see what’s going on. So don’t blame us if some site you link to is bad or has stuff on it that offends you or your pets. Go ahead and link, but remember, you’re doing it at your risk.
9. That brings us to what you do on our own site. While we occasionally look at the postings, we take no responsibility and assume no liability for the content of those locations or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might encounter when you visit such places on our site. And don’t be stupid by posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty, mean, or profane material or any material that law enforcement types may consider a criminal offense, get someone in court on a civil lawsuit, or for that matter violate any law — anywhere, anytime. While we certainly respect your privacy, we have no choice but to fully cooperate with any law enforcement authorities or court which might ask us who might have posted nasty stuff on our site.
10. Software that we use on this Site is protected by all sorts of patriotic U.S. laws. Because of that, you can’t download or send the software to anyone in the vacation travel spots of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country where United States has embargoed goods; or (get this) to anyone on the United States Treasury Department’s list of Specially Designated Nationals, or the U.S. Commerce Department’s Table of Deny Orders. As if that were not tough enough, if you live in or are a national of any of those lovely places, you’re not even supposed to be reading this page!
11. We’re also allowed to change this page and anything else on the site any time we want to. That’s because it’s ours and we have the programmers who can do it. If we do change the page, then you’re bound by those changes, too, whenever you visit our site.
12. If either of us wants to make something of it and wants to “sue” (a dirty word) then we have to follow these rules of engagement. (sort of according to the Geneva Convention):
This Agreement is governed by the laws of the State of New York, without regard to principles of conflict of laws. To the extent you have in any manner violated or threatened to violate Global Development Enterprise, LLC (NGO-Academy.org/NGO-Academy.com and/or its affiliates’) intellectual property rights, Global Development Enterprise, LLC (NGO-Academy.org/NGO-Academy.com and/or its affiliates’) may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: New York. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: New York, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If this all sounds kind of mean and undiplomatic, you should have seen what the lawyers gave to us in the first place.
We had to remind them that human torture and sacrifice was outlawed in the United States years ago. June 23rd, 2010