Terms & Conditions

AFARA Governance Inc Terms & Conditions

1. Introduction

These Terms and Conditions (“Terms”) form a legal and binding agreement between

you and AFARA Governance Inc. (the “Company”, “Organization”, “we”, “us”,

or “ours”).

These Terms govern: (1) your access and use of our website at

www.afaragovernance.org, including all sections of the website, as well as any other

website or digital property where these Terms are posted (“Sites”); and (3) your access

and use of any services offered by us, whether through our Sites, educational

programs, events, social media channels or otherwise, including but not limited to any

paid services (“Services”).

2. Acceptance

Please read these Terms carefully. BY ACCESSING AND USING OUR SITES AND

SERVICES YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS. If you do

not want to agree to these Terms, you agree not to access or use the Sites or Services.

3. Dispute Resolution / Class and Representative Action Waiver

You agree that disputes between you and the Company concerning your access and

use of the Sites and Services will be resolved by the dispute resolution procedures set

forth in Section 23 below. You also agree to waive your right to participate in a class or

representative action. For more details on this process, please see Section 23 below.

4. Changes to the Terms of Use

We reserve the right to update and revise these Terms at any time. Changes are

effective immediately and apply to all use of the Sites and Services thereafter. Please

review these Terms regularly to ensure your continued use of the Sites and Services

constitutes your acceptance of the revised Terms. If there are material changes to these

Terms, we may also reserve the right to provide you with notice of said changes in other

alternative manners, such as posting said changes to the Sites and Services and/or

communicating such changes to you directly.

5. Privacy

To learn more about how we collect and use your information when you engage with our

Sites and Services, please see our Privacy Policy.

6. Eligibility

Our Sites and Services are only available to individuals who are at least 18 years old, or

the age of majority in your province, territory, or country, and can form legally binding

contracts with us to use the Sites and Services. If you are under the age of 18, you may

not use our Sites or Services.

7. Donations

You agree to provide your payment information at the time you donate.

Our payment pages are powered by third party payment service providers. The

information you provide as part of the payment process is therefore governed by those

third-party’s respective privacy statements and terms. We are not responsible for the

performance of those services. During your use of the Services, the third-party payment

service provider may receive and implement updated credit card information from your

credit card issuer. This disbursement of the updated credit card information is provided

to third party payment service providers at the sole election of your credit card issuer.

Your credit card issuer may give you the right to opt-out of the update service. Should

you desire to do so, please contact your credit card issuer. We shall not be responsible

in any manner for banking charges incurred due to payments on your account.

8. Use of Site Materials and Services; Restrictions on Use

We may from time to time and in our sole discretion develop and provide updates to the

Sites and Services, change the Sites and Services, restrict access to the Sites and

Services or withdraw or terminate the Sites and Services entirely, and we reserve the

right to do so in our sole discretion without notice. Any such updates or changes will be

deemed part of the Sites and Services and subject to these Terms. We will not be liable

to you or any third party for any modification, suspension, or discontinuance of the Sites

and Services. In the event of modification or termination of the Sites and Services, you

will still be bound by your obligations under these Terms, including the warranties made

by you, and by the disclaimers and limitations of liability.

You may only use the Sites and Services as explicitly authorized and in compliance with

these Terms. You will not use such proprietary information or materials in any way

whatsoever except for permitted use of the Sites and Services. No portion of the Sites

and Services may be reproduced in any form or by any means. Without limiting the

foregoing, you may not do any of the following while accessing or using the Sites and

Services:
solicit members for any revenue generating endeavor, commercial enterprise, or

other purpose other than for personal, non-commercial use, without our express

written consent;

 express or imply that any statements you make are endorsed by the Company;

 scrape the Sites or Services or use other automated or manual means to take

our content without our express prior written consent;

 modify, adapt, translate, reverse engineer, decompile, disassemble or convert

into human readable form any of the contents of the Sites and Services not

intended to be so read; take any action that imposes or may impose (as determined by us in our sole

discretion) an unreasonable or disproportionately large load on our or our third

party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Sites and Services

or any activities conducted on the Sites and Services; bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Sites and Services, including without

limitation other accounts, computer systems or networks connected to the Sites

and Services; run any form of auto-responder or “spam” on the Sites and

Services; access or use the Sites and Services for any illegal or unauthorized

purpose, including to harass, abuse, defame or otherwise infringe or violate the

rights of any other party; or otherwise take any action in violation of these Terms.

9. Internet

You acknowledge and agree that your use of the Sites and Services requires Internet

access and bandwidth and we do not own or control all aspects through which the Sites

and Services are provided and cannot guarantee the performance of such facilities,

equipment, and communications lines. The Internet is not a secure network, and third

parties may be able to intercept, accept, use, or corrupt the information you transmit or

receive over the Internet. We are not responsible for invalid, erroneous or corrupted

data.

10. Links to Third Party Websites

We may provide links to third party websites or services for you to access through our

Sites and Services. You acknowledge that if you access any such links you do so at

your sole discretion and for your information only. We do not review or endorse any of

those websites or services. Although a third-party website may contain our logo or other

intellectual property elements, please understand that it is independent from our

Company, and we have no control over the content of those websites or services.

These links do not imply endorsement of, sponsorship of, or affiliation with our

Company. We are not responsible in any way for: (a) the availability of, (b) the privacy

practices of, (c) the content, advertising, products, goods or other materials or

resources on or available from, or (d) the use to which others make of these other

websites and services. We are also not responsible for any damage, loss or offense

caused or alleged to be caused by, or in connection with, the use of or reliance on such

websites or services.

11. Social Media Community Terms

AFARA will not tolerate certain social media conduct whether indirectly or directly

targeting or relating to our Company, its members, officers, directors, employees,

personnel, or agents, including for example: (a) defamatory, malicious, obscene,

intimidating, discriminatory, harassing or threatening comments or hate propaganda; (b)

calls to violence of any kind or other threats of any kind; or (c) conduct that violates any

law or regulation. If we feel that you have breached these Terms, we reserve all our

rights to take further action, including but not limited to: (a) adding, removing, or

modifying any content, including comments, (ii) blocking you or any other disruptive

users; and (iii) discontinuing your use of any of our social media channels at any time.

In the event that you engage in (or direct or influence any person to engage in) any of

this prohibited conduct on your social media channels, or amongst its groups regarding

our Company or any of its officers, directors, employees, personnel, agents, policies,

services or products or other members, we may immediately terminate your use of the

Sites and Services, and our social media channels, and we reserve all legal rights to

pursue legal remedies against you.

12. Intellectual Property

Except as otherwise expressly granted to you in these Terms, we reserve and retain all

right, title and interest in the Sites and Services, including without limitation, all

technology and processes, enhancements, or modifications thereto, trademarks, service

marks, site design, text, video, graphics, logos, images, and icons, as well as the

arrangement thereof. You acknowledge that the Sites and Services contain proprietary

content, information and material protected by applicable intellectual property and other

laws, including but not limited to copyright and trademark laws, and you agree that,

except with our prior written consent or as explicitly provided in these Terms: (1) using

the Sites and Services does not give you any ownership of any intellectual property

rights in our Sites or Services; and (2) using the Sites and Services does not grant you

the right to display, modify, reproduce, distribute, create derivative works of, download,

store, transmit or otherwise use any of our intellectual property. Any unauthorized use of

any content or materials on the Sites or Services is strictly prohibited and violates

copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy,

publicity, and/or communications regulations and statutes.

In particular, content not explicitly indicated as downloadable may not be downloaded or

copied from the Sites or Services. You may not otherwise download, display, copy,

reproduce, distribute, modify, perform, transfer, create derivative works from, sell, or

otherwise exploit any content, code, data, or materials in the Sites or Services. If you

make other use of the Sites or Services, or the content, code, data, or materials

thereon, except as otherwise provided, you may violate copyright and other laws of the

United States, other countries, as well as applicable state laws and may be subject to

liability for such unauthorized use. You must not access or use for any commercial

purposes any part of the Sites or Services, any services, or any materials available

through the Sites or Services affiliated with the membership program. You acknowledge

and agree that you do not acquire any ownership interest in the Sites and Services

under these Terms, or any other rights thereto other than to use the Sites and Services

in accordance with the license granted. Appropriate legal action may be taken for any

illegal or unauthorized use of the Sites or Services.

To inquire about obtaining authorization to use the materials or content other than as

permitted in these Terms, please contact us at info@afaragovernance.org.

13. Third Party Materials and Content

You understand that the Sites and Services may display, include, or make available

content, data, information, applications, or materials from third parties or provide links to

certain third-party web sites (“Third-Party Materials”). In consideration for us allowing

you to use the Services, you agree that we, our affiliates, and third-party partners may

place advertising on the Services. You acknowledge and agree that the Company is not

responsible for examining or evaluating the content, accuracy, completeness,

timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect

of such Third-Party Materials. We expressly disclaim any responsibility for all aspects of

the Third-Party Materials, and you further acknowledge and agree that we shall not be

responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to

be caused by or in connection with use of or reliance on any content, goods, or services

in connection with any Third-Party Materials. Use of any third-party trademarks or third-

party content on or in connection with the Sites or Services does not constitute affiliation

with or endorsement of these third parties. Nothing in these Terms grants you any

license to third-party trademarks or content, which shall remain the property of their

respective owners.

14. Availability of the Sites and Services

Although we aim to offer you the best service possible, we make no promise that the

Sites and Services will meet your requirements and we cannot guarantee that the Sites

and Services will be fault free. If a fault occurs in our Sites and Services, please report it

to us at info@afaragovernance.org, and we will review your complaint and, where we

determine it appropriate to do so, correct the fault. We will not be liable to you if the

Sites and Services are unavailable from time to time. Your access to the Sites and

Services may be occasionally restricted to allow for repairs, maintenance or the

introduction of new Sites and Services. We will restore the Sites and Services as soon

as we reasonably can.

15. Warranty Disclaimers; Limitation of Liability

THE SITES AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY

OF ANY KIND.

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT

WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR

PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR THE NEGLIGENCE OF

OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR

FRAUDULENT MISREPRESENTATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL

REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO

THE SITES AND SERVICES OR ANY CONTENT ON THE SITES AND SERVICES,

WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY,

INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM

FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM

COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL

OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL

RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND SERVICES AND

THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT

ANY OF THE SITES AND SERVICES OR ANY CONTENT AVAILABLE THROUGH

ANY OF THE SITES AND SERVICES IS ACCURATE, COMPLETE, AVAILABLE,

CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR

DEFECTS, OR THAT THE SITES AND SERVICES WILL MEET YOUR

REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,

OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT

EXPRESSLY MADE HEREIN.

IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR

SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS,

AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT,

CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES,

OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER DIRECTLY OR

INDIRECTLY ARISING, INCLUDING BUT NOT LIMITED TO LOSS OF SALES,

PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT,

CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S BREACH OF

CONTRACT OR NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD

HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND

AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH

THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL

BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER

SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR

UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT

AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER

LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF,

NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE,

COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH

ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY

SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER

OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX (6)

MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE

SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) US$500.00.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE

FULLEST EXTENT PERMITTED BY LAW.

16. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors

and service providers, and its and their respective officers, directors, employees,

contractors, agents, licensors, suppliers, successors and assigns from and against any

claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees

(including reasonable attorneys’ fees) arising out of or relating to your violation of these

Terms or your use of the Sites and Services or your use of any information obtained

through use of the Services.

17. Severability

If it turns out that any part of these Terms is invalid, void, or for any reason

unenforceable, that term will be deemed severable and limited or eliminated to the

minimum extent necessary. The limitation or elimination of the term will not affect any

other terms.

18. Dispute Resolution, Class / Representative Action Waiver

 18.1 Disputes. The terms of this section shall apply to all Disputes between you

and the Company. For the purposes of this section, “Dispute” shall mean any

dispute, claim, controversy or action between you and the Company, including

but not limited to disputes concerning these Terms, your use of the Sites and

Services, and/or privacy or publicity rights, whether in contract, warranty,

misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or

any other legal or equitable basis. YOU AND THE COMPANY AGREE THAT

“DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY

CLAIM OR CAUSE OF ACTION BY AFARA GOVERNANCE INC FOR (1)

TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3)

COPYRIGHT INFRINGEMENT OR MISUSE; AND/OR (4) TRADEMARK

INFRINGEMENT OR DILUTION.

 18.2 Dispute Notice. In the event of a Dispute, you or the Company must first

send to the other party a notice of the Dispute that shall include a written

statement that sets forth the name, address, and contact information of the

party giving it, the facts giving rise to the Dispute, and the relief requested (the

“Dispute Notice”). The Dispute Notice to the Company must be sent to

info@afaragovernance.org. The Dispute Notice to you will be sent by certified

mail to the most recent address we have on file or otherwise in our records for

you, or via email if we do not have any such address on file.

 18.3 Informal Efforts. As a prerequisite for submitting a Dispute to mediation,

you and the Company agree to make good faith efforts at resolving any Dispute

informally. If you and the Company do not reach an agreement to resolve the

Dispute within sixty (60) calendar days after the Dispute Notice is received, you

or the Company may commence with mediation as outlined below.

 18.4 Mediation. If informal efforts fail, the Dispute must first be submitted for

non-binding mediation before a neutral third party before it may proceed

elsewhere. Selecting the mediator, the appropriate terms for mediation

(including costs), and a date for mediation shall be negotiated in good faith

between you and the Company. The administrative fees associated with

mediation will be negotiated between you and the Company. Such fees will not

include attorneys’ fees and costs, if any, unless awarded during mediation. If

the parties cannot agree to appropriate terms concerning mediation, the parties

shall be entitled to proceed with any other remedy available by law.

 18.5 Small Claims Court. Notwithstanding the foregoing, you may bring an

individual action in the small claims court of your state, municipality, province or

territory if the action is within that court’s jurisdiction and is pending only in that

court.

 18.6 WAIVER OF CLASS AND REPRESENTATIVE ACTIONS. YOU AGREE

THAT YOU MAY BRING DISPUTES AGAINST AFARA GOVERNANCE INC IN

AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER

IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING,

INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS.

 18.7 Amendments to this Section. Notwithstanding any provision in these

Terms, you and AFARA GOVERNANCE INC agree that if AFARA makes any

material amendments to the dispute resolution procedure in this Section 23, the

Company will notify you and you will have thirty (30) calendar days from the

date of notice to affirmatively opt-out of any such amendments by sending a

written letter to the Company Notice Address that specifies: (1) your name; (2)

your mailing address; and (3) your request to opt-out of such amendments. If

you do not affirmatively opt-out of any future amendments, you will be deemed

to have consented to any such future amendments.

 18.8 Severability. If any provision in this Section is found to be unenforceable,

that provision shall be severed with the remainder of these Terms remaining in

full force and effect. The foregoing shall not apply to the prohibition against

class or representative actions; if the prohibition against class or representative

actions is found to be unenforceable, this entire Section shall be null and void.

The terms of this Section shall otherwise survive any termination of these

Terms.

 18.9 Exclusive Venue For Other Controversies. The Company and you agree

that any controversy excluded from the dispute resolution procedure outlined

above shall be filed only in the courts located within Wake County, North

Carolina, and each party hereby irrevocably and unconditionally consents and

submits to the exclusive jurisdiction of such courts for any such Dispute.

19. Entire Agreement

These Terms constitute the entire agreement between you and the Company and

supersede all prior or contemporaneous communications and proposals, whether

electronic, oral, or written with respect to these Services. Any rights not expressly

granted herein are reserved. Each party confirms that it has not relied upon, and shall

have no remedy in respect of any agreement, warranty, statement, representation or

undertaking unless set out expressly in these Terms.

20. Third Parties

A person who is not a party to these Terms shall have no rights under the Contracts

(Rights of Third Parties) Act 1999 to enforce any term of these Terms.

21. Force Majeure

We will not be liable for any failure to perform any of our obligations stated in these

Terms if the failure results from a cause beyond our reasonable control, including,

without limitation, mechanical, electronic or communications failure or degradation, acts

of government and/or acts of war (including but not limited to any cyber attacks publicly

or privately attributable to a state or non-state actor), labor disputes (whether relating to

our workforce), public health emergencies (including but not limited to a pandemic),

restraints or delays affecting carriers, or our inability or delay in obtaining supplies of

adequate or suitable materials.

22. Assignment

You cannot assign, transfer, or sublicense these Terms without first obtaining our

consent. We may assign, transfer, or delegate any of our rights and obligations without

consent. These Terms do not create any agency, partnership, joint venture, or

employment relationship, and neither party has any authority to bind the other in any

respect.

23. Waiver

If we do not enforce any part of these Terms, it does not mean we give up the right to

later enforce that or any other part of these Terms. For any waiver of compliance with

these Terms to be binding, we must provide you with written notice of such waiver

through one of our authorized representatives.

24. Comments, Concerns and Complaints

All feedback, comments, requests for technical support and other communications

relating to the Services should be directed to: info@afaragovernance.org