NGO Advisor Terms of Use

Introduction & Acceptance of Terms
NGO Advisor (herein referred to as “NGO Advisor,” “we,” “us,” or “our”), owns and operates the web site located at (herein referred to as the “Site” or “Web Site”). This document describes the terms and conditions that govern your use of the Site, including all services, applications, and any other information that comprises the Site. 

When you visit the Web Site, donate to NGO Advisor, or otherwise access or interact with our copyrighted charity ratings, articles, and other information that comprises the Site, you indicate your acceptance of the terms outlined in these Terms of Use, and agree to be bound by these terms. Use of the Site is also subject to NGO Advisor’s Privacy Policy, which are incorporated by reference. 

General Representation and Warranty
You represent and warrant that (i) your use of the Web Site will be in strict accordance with NGO Advisor’s Terms of Use and with all applicable laws and regulations (including and without limitation to any local laws or regulations in your country, Province, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data.

Access to Restricted or Secure Areas of the Site 
Portions of NGO Advisor’s Web Site are restricted by a paywall and are password protected. Users to whom NGO Advisor has granted permission to access paywall-restricted content may do so by logging in to their account..

Member users to whom NGO Advisor has granted access to paywall-restricted content are authorised to access this content for as long as their Membership is current. NGO Advisor reserves the right to deny a request for Membership to NGO Advisor, or to terminate an existing Membership to NGO Advisor, at its sole discretion.

Other portions of NGO Advisor’s Site are secure and password protected for restricted use by the organisation’s management, employees, contractors, and others to whom we have granted this access. Access to these areas of the Site require explicit authorisation from NGO Advisor management, and all others are explicitly prohibited from accessing, or attempting to access, these secured areas of the Site. 

Unauthorised persons attempting to access restricted, secured, and/or password protected areas of the Web Site may be subject to prosecution.

Termination of Use
NGO Advisor may change, suspend, or discontinue its services, its Site, or potions of its Site at any time, without prior notice or liability, at its sole discretion. In addition, NGO Advisor reserves the right to suspend or terminate the account of any user of its Site, without prior notice or liability, at its sole discretion.

Disclaimer of Content
Information published by NGO Advisor on its Web Site and in its publications is provided for general informational purposes only. This information is intended to aid donors in their giving decisions and inform the public about issues affecting the non-profit sector. However, it is not intended, nor should it be construed, as a replacement for professional legal, tax, accounting, or other professional advice.

Reasonable efforts are made to ensure that the information contained on NGO Advisor’s Site and in its publications is as accurate as possible. However, some information may be historical or archived. Additionally, omissions and errors may occur due to technological limitations or for other reasons. NGO Advisor expressly disclaims all liability for the consequences to any person related to any act or omission committed based upon the reliance, in whole or in part, on any of the contents of the Web Site or other published materials. 

Intellectual Property Rights, Limited License
Except as otherwise indicated in these Terms of Use or on the Site, you may access, view, retrieve, store, download, and print information on this site for your individual use, subject to the following conditions: (i) information may not be altered or modified in any way; (ii) information is solely for individual use and cannot be used for commercial purposes; (iii) copyrights and other proprietary notices cannot be removed from the information; (iv) use of the information constitutes a license and not a transfer of title; (v) NGO Advisor reserves the right to revoke the license to access, view, retrieve, store, download, and print information from its Site at any time, for any reason, at its sole discretion; (vi) users may not adapt or copy the programming code that is used to generate pages on the Web Site; (vii) no intellectual property rights owned by NGO Advisor are being licensed beyond the limited license to access, view, retrieve, store, download, and print information on the Site for individual use; (viii) the use of the design or layout of the Web Site is not covered by the limited license to access, view, retrieve, store, download, and print information on the Site for individual use; (ix) users may not reproduce, modify, publicly perform, or otherwise use the content on the Web Site in any way not expressly authorised in these Terms of Use.

Copyrights, Service Marks, & Trademarks
All content contained this website is protected by South African copyright law and other applicable laws. You are not authorised to display or republish NGO Advisor’s copyrighted materials, service marks, or trademarks in any manner without express permission from NGO Advisor. The service marks, trademarks, and logos of NGO Advisor used and displayed on the Web Site and other NGO Advisor publications and services are the service marks or trademarks of NGO Advisor. All other product or service names mentioned on the Site may be the service marks or trademarks of their respective owners and are mentioned for identification purposes only.

You cannot download or copy any content from the Web Site without the prior written consent of NGO Advisor, except for your individual use. Content may not be reproduced, published, distributed, transmitted, displayed, modified, sold, or broadcast, nor can derivative works be created from any of the content, marks, the Site itself or any of its related software, in whole or in part, without the prior written permission of NGO Advisor. No title, interest, or right is transferred to you as the result of using the Site, or copying or downloading any information from the Site.

Third-Party Links
NGO Advisor’s Web Site contains links to third-party web sites for the convenience of its visitors. Additionally, third-parties are permitted to link to the NGO Advisor Web Site unless otherwise notified by NGO Advisor. NGO ADVISOR IS NOT RESPONSIBLE FOR THE PRACTICES OR CONTENT OF ANY OTHER WEB SITES. NGO Advisor’s Terms of Use apply only to NGO Advisor’s Web Site and do not apply to web sites owned or operated by other organisations, companies, or individuals. These third-parties may have their own Terms of Use and we encourage users to read the Terms of Use of any third-party web sites that they visit. NGO Advisor does not assume any responsibility or liability for the actions, products, services, or content of these sites and the parties who operate them. Your use of such sites is entirely at your own risk.

Disclaimer of Warranties 
The Web Site is provided on an “as is” and “as available” basis. NGO Advisor makes no guarantee of the accuracy, timeliness, completeness, or results obtained from use of information on its Site.  NGO Advisor hereby disclaims all warranties of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, non-infringement, or fitness for a particular purpose. Use of the Web Site is at your own risk. Neither NGO Advisor, nor any of its officers, directors, employees, contractors, vendors, or agents, shall be liable for any damages of any kind related to your use of the Web Site.

NGO Advisor makes no warranty that the Web Site will be error free or that access thereto will be continuous or uninterrupted. NGO Advisor is not responsible for technical, software, or hardware failures of any kind, lost or unavailable network connections, or garbled, delayed, or incomplete computer transmissions. Changes may be made to the content of the Site, or the services provided on the Site, at any time without notice. In addition, it is up to users of the Site to take precautions to ensure that the information they access and use from this Site is free from such items as viruses, worms, Trojan horses, and other items of a destructive nature.

Limitation of Liability
NGO Advisor assumes no liability with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute services; (iii) interruption of use or loss or corruption of data. NGO Advisor shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

You agree, to the fullest extent allowed by applicable law, to indemnify and hold harmless NGO Advisor and its officers, directors, employees, contractors, vendors, and agents from and against any and all fees and expenses that may arise from any claims, liabilities, causes of action, obligations, losses, damages, penalties, judgments, taxes, expenses, suits, and actions, including and without limitation to reasonable attorneys fees (whether incurred at trial or on appeal, with or without litigation) and any other costs of any kind, which may be incurred by, imposed upon, or asserted against NGO Advisor, in any way relating to or arising out of use of this Site, including but not limited to your violation of the Terms of Use. You expressly waive and release any and all claims and causes of action that you may at any time have against any officers, directors, employees, contractors, vendors, or agents of NGO Advisor. Such individuals may not at any time incur any liability to you in connection with any of the indemnified liabilities.

Severability Clause
In the event any provision contained in these Terms of Use is found by any competent authority or court to be invalid, unenforceable, or unlawful in any jurisdiction, such a finding shall not affect the lawfulness, enforceability, or validity of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the lawfulness, validity, or enforceability of these Terms of Use in any other jurisdiction.