Terms of Service
User Agreement PLEASE READ THE FOLLOWING USER AGREEMENT (INCLUDING THE LEGAL DISCLAIMER, LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW) CAREFULLY BEFORE USING THIS WEB SITE OR USING OUR OTHER SERVICES. By using our Web site or other services, you agree to the terms of this User Agreement. If you do not agree to the terms of this User Agreement, you may not use our Web site or other services. We reserve the right, at any time, to modify, alter, or update this User Agreement, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Web site.
1. Legal Disclaimer Kenya Diaspora Development Collaborative shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on KenyaDiasporaDev.org, or for any loss, damage, expense or injury resulting from any transactions conducted with any online merchant or other third party listed on http://KenyaDiasporaDev.org. The information, services, products, and materials contained in this Web site or available through our other services, including, without limitation, all text, graphics, and links, are provided on an “AS IS” basis. To the maximum extent permitted by law, Kenya Diaspora Development Collaborative DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as well as representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operating problems, and implied warranties arising from course of dealing or course of performance. Some states may not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
You may also have other legal rights that vary from state to state. In addition, since Kenya Diaspora Development Collaborative cannot verify all information provided by online merchants and other third parties, and errors in gathering or reporting such information may occur due to the large volume of merchants with many different products and services, Kenya Diaspora Development Collaborative does not represent or warrant that the information accessible via our Web site or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on our Web site or through our other services. Furthermore, due to the dynamic nature of online shopping, all information regarding such matters is subject to change without notice. Kenya Diaspora Development Collaborative SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH Kenya Diaspora Development Collaborative ‘s SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were accessed via our Web site or other services.
2. Liability Limitations In no event shall Kenya Diaspora Development Collaborative or its affiliates or agents (the “Kenya Diaspora Development Collaborative”) be liable, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Web site or through our other services, in an amount greater than the lower of (i) the price of the merchandise or service involved in the transaction or proposed transaction as to which one or more Kenya Diaspora Development Collaborative is held to be negligent or otherwise responsible, or (ii) if no such merchandise or service is involved, or if the value thereof would exceed $100, then a maximum liability limitation of $100 in the aggregate.
You and we agree that this is a fair allocation of risk based upon the manner and cost by which Kenya Diaspora Development Collaborative ‘s services are provided to you, and taking into account your ability to take other measures or consult other resources in connection with purchasing goods and services online. FURTHERMORE, IN NO EVENT SHALL THE Kenya Diaspora Development Collaborative PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, even if we have been previously advised of the possibility of such damages. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
4. Dispute Resolution We will do our best to resolve any problems or issues that you may have with us or our services in a satisfactory manner. If, however, we are unable to reach a mutually satisfactory resolution, each of us agrees that any claim or controversy between us, or arising in any way out of the use or operation of our Web site or other services, or any information, services, products, and materials contained in this site or available through our other services, shall be resolved by binding arbitration before a single arbitrator agreed to by both parties.
Any such dispute or controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitrator shall have authority to resolve all matters in dispute between us (subject to the legal disclaimer and liability limitations set forth above), including the applicability, scope and binding effect of this arbitration agreement, and to award arbitration costs and expenses to the prevailing party as determined by the arbitrator. Notwithstanding the foregoing, either party may pursue preliminary or injunctive remedies in an appropriate court sitting in Jacksonville, Florida pending the decision of the arbitrator, without waiving the right or affecting the obligation to arbitrate hereunder.
5. Other Terms Our Web site and other services are operated and provided in various jurisdictions including Kenya.. As such, we are subject to the laws of most countries, and such laws will govern this User Agreement, without giving effect to any choice of law rules. We make no representation that our Web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site or other services, you agree to do so subject to the internal laws of Kenya and most countries.
You are in the best position to know whether your use of our site or other services may be prohibited or restricted by local laws in your location, and therefore are responsible for compliance with any such laws. We do not guarantee continuous, uninterrupted or secure access to our Web site or other services, and operation of our Web site or other services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. This is the entire agreement and understanding between us regarding the subject matter hereof, and may only be modified as provided above. If any provision of this User Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-unenforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent.
You agree that this User Agreement and any other agreements referenced herein may be assigned by http://KenyaDiasporaDev.org, in our sole discretion, to a third party in the event of a merger or acquisition. This User Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us relating to your participation as a Kenya Diaspora Development Collaborative Member or participation in any other program or service offered by http://KenyaDiasporaDev.org. You agree that by accepting this User Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Notice.
6. Copyright and Trademark Information All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2012 KenyaDiasporaDev.org, with all rights reserved, or is the property of Kenya Diaspora Development Collaborative and/or third parties protected by intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this Web site for the sole purpose of using this site as a shopping resource.
Any other use of materials on this Web site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Kenya Diaspora Development Collaborative is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of http://KenyaDiasporaDev.org.
Kenya Diaspora Development Collaborative is registered service marks of Kenya Diaspora Development Collaborative. Kenya Diaspora Development Collaborative ‘s service marks/trademarks may not be used in connection with any product or service that is not provided by http://KenyaDiasporaDev.org, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KenyaDiasporaDev.org. All other trademarks displayed on Kenya Diaspora Development Collaborative ‘s Web site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Kenya Diaspora Development Collaborative and these companies.
Kenya Diaspora Development Collaborative disclaims any responsibility for the content of any third party materials provided through or on our Web site or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, if you believe that any such third party materials infringe your intellectual property rights, please contact the following agent to request a review of the alleged infringement: Kenya Diaspora Development Collaborative. This User Agreement was last modified on February 8, 2012.