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Women’s empowerment training
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Posting information in health clinic
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Our Terms
This Agreement is between you and BSR (referred to below as “we,” and “us”) concerning your access to and use of the HERproject Tools (the “Tools”), including the HERproject Toolbuilder (the “Application”) and the HERproject Curriculum (the “Curriculum”). Both Tools are currently available at http://www.herproject.org/. You may access and use the Tools to create posters, flipcharts, presentations, and other training materials (the “Training Materials”) only as specified in this Agreement.

1. Acceptance of Terms. By accessing or using the Tools, you agree to the terms of this Agreement. We may make changes to this Agreement from time to time and we may notify you of such changes by any reasonable means, including through notifications through the Tools or by posting the revised version of this Agreement on the website on which the Tools are hosted. Your access to or use of the Tools following changes to this Agreement will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to this Agreement will not apply to any dispute between you and us arising prior to the date on which we posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes. Unless specified in a separate agreement between you and us, we may, at any time, modify or discontinue all or part of the Tools; charge, modify or waive any fees required to use the Tools.

BY USING THE TOOLS, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

2. Jurisdiction. The Tools are operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than the United States. The Tools may not be appropriate or available for use in some jurisdictions outside of the United States. We may limit the Tools’ availability, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

3. Limited License to Access and Use of the Application. The software, information and materials made available in connection with the Application (collectively and any portion thereof, the “Application Materials”) are protected by copyright, trademark and other intellectual property rights that are owned or controlled by us, our affiliated or related entities, or third-party content licensors or suppliers. Subject to the terms of this Agreement, we hereby grant to you a personal, limited, revocable, non-transferable, non-sublicensable license to access and use the Application and the Application Materials to create Training Materials solely for non-commercial and educational purposes. Nothing contained in this Agreement, grants or should be construed as granting any right to use or otherwise exploit the Application or any of the Application Materials except as expressly permitted herein.

4. Use of the Curriculum. We may make available certain training guides and other training related documents (the “Curriculum”) on the website where the Application is hosted. The Curriculum made available to you is copyrighted by us or by our licensors and suppliers. You may only use the Curriculum for non-commercial and educational purposes. You must keep intact all copyright and other proprietary notices related to the Curriculum. The Curriculum made available to you is for internal use only and may not be further disseminated, distributed, republished or reproduced, in any form or in any way, without our prior written permission. To request permission, please contact us at toolbuilder-admin@herproject.org. We, in our sole discretion, may terminate or limit your access to the Curriculum at any time.

5. Rules of Conduct. While using the Tools, you will comply with all applicable laws, rules, and regulations. In addition, we expect you to respect the rights and dignity of others. Your access to and use of the Tools is conditioned upon your compliance with the rules of conduct set forth in this Sections 3 and 4; your failure to comply with any such rule may result in termination of your access to or use of the Tools (or any part thereof) pursuant to Section 13 below. You agree that you will not:

 • Post, transmit or otherwise make available through or in connection with the Tools any information or materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; © fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right without the express written consent of the owner of such right.
 • Use the Tools for any fraudulent or unlawful purpose.
 • Remove any copyright, trademark, or other proprietary rights notice from the Tools or Tools’ Materials.
 • Reproduce, duplicate, copy, modify, adapt, translate, sell, resell or otherwise exploit for any commercial purpose any portion of (or any access to or use of) the Tools without our express prior written consent.
 • Reverse engineer, decompile or disassemble any portion of the Tools.
 • Post, transmit or otherwise make available through or in connection with the Tools any virus, Trojan horse, spyware or other malicious computer code.
 • Use the Tools to harvest or collect personally identifiable information about users of the Tools.
 • Interfere with or disrupt the operation of the Tools or the servers or networks used to make the Tools available; or violate any requirement, procedure, policy or regulation of such servers or networks.
 • Restrict or inhibit any other person from using the Tools (including by hacking or defacing any portion of the Tools).
 • Frame or mirror any portion of the Tools without our express prior written consent.

6. Feedback and Submissions. You may provide to us ideas, proposals, feedback, comments, endorsements, testimonials, reviews or suggestions (“Feedback”), whether related to the Curriculum, Application, Training Materials, or otherwise. You hereby acknowledge and agree that (a) your provision of any Feedback is gratuitous, unsolicited and without restriction and does not place us under any fiduciary or other obligation; and (b) any Feedback is not confidential and we have no confidentiality obligations with respect to such Feedback. The Tools may also make available certain functionality through which you are able to use or send information and materials (each, a “Submission”) when creating the Training Materials. For purposes of clarity, you retain any ownership rights that you may have in any of the Submissions that you submit, the Feedback that you provide, or the Training Materials that you create, subject to the terms and conditions of this Agreement. For all Submissions, Feedback and Training Materials, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to: (i) reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit each such Submission, Feedback and Training Materials, in any format or media now known or hereafter developed, and for any purpose (including by incorporating such Submission, or Feedback into our products or services or using the Training Materials that you create for our promotional or advertisement purposes). You represent and warrant that you have the right to grant the foregoing license and that any Submissions or Feedback you provide or Training Materials that you create are not fraudulent, tortious or in violation of any applicable laws or of the rights of any third parties.

7. Monitoring, Deleting, and Blocking. We reserve the right (but are not obligated) to monitor and, in our sole discretion, delete (or have deleted) any Submission, and block (or have blocked) any user who, in each case, we believe is in violation of this Agreement. Our decision not to pursue legal action for any violation of this Agreement will not be construed as a waiver of this Agreement or of our legal rights.

8. Registration; User Names and Passwords. You may need to register to use all or part of the Tools. You represent and warrant that all information submitted to us in connection with such registration is complete and accurate. We may reject, or require that you change, any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not us, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Tools account.

9. Information Submitted Through the Site. Your submission of information through the Application is governed by our Privacy Policy, which is located at https://www.bsr.org/en/about/privacy-policy (the “Privacy Policy”). You agree that all information that you provide to us is true, accurate and complete, and that you will maintain and update such information regularly.

10. Links. The Tools may contain links to websites, services, products, content, or other materials of third parties. We do not endorse and are not responsible or liable for any materials available through such links. We encourage you to review the privacy policies, terms of sale, terms of use and other terms, conditions and policies made available by such third parties. YOUR USE OF THIRD-PARTY WEBSITES, SERVICES, PRODUCTS, CONTENT AND OTHER MATETRIALS IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS, CONDITIONS AND POLICIES IMPOSED BY SUCH THIRD PARTIES.

11. Trademarks. You may not use our trade names, trademarks or service marks (including without limitation BSR or HERproject) in connection with (a) any product or service that is not ours, (b) the Training Materials that you create (other than to identify that the Training Materials were created by using the Application) or © in any manner that is likely to cause confusion. All trademarks and service marks on the Application are not owned by us are the property of their respective owners. You grant to us the right to use your organization’s trade name, trademark, or service mark solely to identify your organization as a user of the Tools.

12. Disclaimer of Warranties. We make no guarantees or warranties of any kind, express or implied, regarding the Application, Tools’ Materials, or Curriculum, and each is provided “AS IS.” Your access to and use of the Application, Tools’ Materials, and Curriculum are at your own risk.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE APPLICATION, TOOLS’ MATERIALS OR CURRICULUM FOR ANY NEEDS OR REQUIREMENTS), (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, © WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE APPLICATION, TOOLS’ MATERIALS OR CURRICULUM, (D) WARRANTIES RELATING TO THE OPERATION OF THE APPLICATION (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS), (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY, AND (F) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

You acknowledge and agree that you are responsible for obtaining and maintaining all telecommunications, networking, and computer hardware, equipment and services needed to access and use the Tools, and paying all related charges.

While we try to maintain the security of the Tools, we do not guarantee that the Tools will be secure or that any use of the Tools will be uninterrupted. We make no representation as to the completeness, accuracy, or currentness of the Curriculum and Tools’ Materials or any information relating to the Application.

13. Limitation of Liability. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE APPLICATION, TOOLS’ MATERIALS OR CURRICULUM, UNDER ANY THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE TOOLS, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE TOOLS IS TO STOP USING THE TOOLS. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE EQUAL TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE TOTAL AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO US IN EXCHANGE SOLELY TO ACCESS AND USE THE TOOLS OVER THE SIX MONTH PERIOD OF TIME IMMEDIATELY PRIOR TO THE CLAIM GIVING RISE TO LIABILITY.

14. Indemnity. You agree to defend, indemnify and hold harmless us and our affiliates from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Tools; (b) any violation or alleged violation of this Agreement by you; or © any claim that any of your Feedback, Submissions or the Training Materials created by you or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.

15. Termination. This Agreement is effective until terminated. We, in our sole discretion, may terminate your access to or use of the Tools, your user name and password and/or any files or information associated with your user name, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Tools will immediately cease. You agree that we will not be liable to you or any third party for any termination of your access to the Tools or to any such information or files, and will not be required to make such information or files available to you after any such termination. Sections 2, 6, 10-16 and 18 will survive any expiration or termination of this Agreement.

16. Governing Law; Venue. This Agreement is governed by the laws of the State of California, USA, without regard to its conflicts of law provisions, and regardless of your location. All disputes arising out of or relating to this Agreement will be litigated exclusively in the federal or state courts of San Francisco County, USA, and you and we consent to personal jurisdiction and venue in those courts.

17. Questions. If you have any questions regarding the Tools, or if you’d like to tell us about a specific problem, please contact us at toolbuilder-admin@herproject.org. We are not responsible for any information we provide in response to any questions or for any failure or delay in responding to such questions.

18. Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and us. If any provision of this Agreement is found to be unlawful, void or unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. Any such attempted assignment, transfer, or sublicense will be void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only for convenience, and in no way defines or explains any section or provision hereof. The term “including” as used herein means “including without limitation.” This constitutes the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via notification through the Tools, by email, or by regular mail, in our discretion. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.
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