Terms of Service
Last updated: May 18, 2022 11:55 AM
Please read these Terms of Service (“Terms”) carefully before using the https://cnewa.org website (the “Website”) operated by Catholic Near East Welfare Association, a(n) Not For Profit formed in New York, United States (“us,” “we,” “our”), as these Terms of Service govern your use of the Website, regardless of how you access the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you should not access or use the Website.
You agree that you will use the Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of the Website. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate Catholic Near East Welfare Association or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of the Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on the Website;
- Using any manual process or means to monitor or copy any of the material on the Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THE WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Availability, errors and inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on the Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on the Website. The inclusion or offering of any product or service on the Website does not constitute an endorsement or recommendation of such product or service by us.
DAMAGES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL CATHOLIC NEAR EAST WELFARE ASSOCIATION BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THE WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF CATHOLIC NEAR EAST WELFARE ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF SERVICE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF SERVICE INURE TO THE BENEFIT OF CATHOLIC NEAR EAST WELFARE ASSOCIATION.
Links to third party websites
The Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control any such website and are not responsible for the content or the privacy or other practices of any such website. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from the Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to any such website does not imply any endorsement of the material on such website or any association with its operator.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
Unless specified otherwise, the Website and all content and other materials on the Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Catholic Near East Welfare Association and are either registered copyrights, trademarks or otherwise protected intellectual property of Catholic Near East Welfare Association or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property rights, please contact Tim McCarthy at email@example.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your rights under U.S. Copyright law, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of you or the person authorized to act on your behalf;
- A description of the work that is claimed to be infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email address, physical address and telephone number;
- A statement that you have a good faith belief that the disputed use is not authorized by you, your agent or the law; and
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner (or, in the case of your agent, that the agent is authorized to act on behalf of you as the copyright owner).
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your copyright by the Content on the Website.
You may submit your claim to us by contacting us at:
Catholic Near East Welfare Association
1011 1st Ave, Floor 15
New York, NY 10022-4195
Industry or trade code of conducts
We subscribe to the following codes of conduct which can be accessed by clicking the links below:
- Catholic Media Association Fair Publishing Practices Code – https://www.catholicmediaassociation.org/fair-publishing-practices-code-1/
Governing law, severability, dispute resolution and venue
These Terms shall be governed and construed in accordance with the laws of the state of New York, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding the Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in New York County, New York.
YOU AND CATHOLIC NEAR EAST WELFARE ASSOCIATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
Changes to these Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to these Terms of Service. You can determine when we last changed these Terms of Service by referring to the “Last updated” legend at the top of this page.
If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org.