TERMS OF USE OF THE FEDERATION OF GUJARATI ASSOCIATIONS ("FOGA-USA) WEBSITE: www.fogausa.org
(Last updated on April 22nd, 2024)
These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the FOGAUSA.org website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our" or "FOGA-USA"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority or do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource unless expressly stated herein. Some of the links on the Website may be "affiliate links" If you click on the link and purchase an item, the Operator will receive an affiliate commission. We are not responsible for examining or evaluating and do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for any other third parties' actions, products, services, and content. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer any intellectual property owned by the Operator or third parties. All rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Using the Website and Services grants, you no right or license to reproduce or otherwise use any of the Operator or third-party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period before the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failure of its essential purpose.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers’ database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Payments and refunds
The Site offers the opportunity to make donations and payments (e.g. for events and booths). All payments are final and non-refundable. The Site does not handle payments for these contributions directly. Instead, it refers to these payments to a secure third-party payment processor, like PayPal, or a similar reputed payment processor, which handles all aspects of the payment process. Any payment fraud issues or disputes should be resolved directly with us. Once we have been notified that a payment has been made and that the payment has successfully passed a fraud review, we will proceed accordingly; however, we make no guarantees of timeliness or immediacy.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send a mail to: Legal Counsel, FOGA-USA, 950 Herrington Rd, Suite C Lawrenceville, GA 30044.