Updated March, 01, 2021

Welcome to SRGUSA.org! Study and Research Group USA (“SRGUSA,” “we,” or “us”) maintains this web site for your information, and education. Please browse and enjoy SRGUSA.com (the “Site”). We provide our content, products, and services to you on this Site subject to the following terms and conditions (the “Terms”). By using the Site, and any service, application, plug-in, component, functionality, or program created by SRGUSA, you are agreeing to these Terms. Please read them carefully before using this Site. Should you have any questions concerning this Agreement, please contact support(at) SRGUSA.org.

By visiting this Site, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms. This Site is available ONLY TO USERS 13 YEARS OF AGE OR OLDER. REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Site. Your continued use of the Site following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact us at: support(at)SRGUSA.org.

1. YOUR REGISTRATION OBLIGATIONS

To obtain and use the Site, you will be required to register with SRGUSA by completing a registration form and designating a user ID and password. You represent and warrant that you:

  • Are authorized to use the Site.
  • All of your registration and account information is true, accurate and complete.
  • You will maintain the security of your password.
  • You accept all responsibility for all activity that occurs under your user name.
     

Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account without, if applicable, any refund. You agree to immediately notify SRGUSA of any unauthorized use of your user ID or password or any other breach of security. SRGUSA cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

2. COPYRIGHTS

All content on the Site and/or on e-mails distributed to you from SRGUSA, including text, graphics, logos, button icons, and images, and the selection and arrangement of such content is the exclusive property of SRGUSA or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

If you do post Content, and unless we indicate otherwise, you grant SRGUSA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant SRGUSA and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that: (a) you own or otherwise control all of the rights to the Content that you post and/or submit; (b) the Content is accurate; (c) the use of the Content you post and/or submit does not violate these Terms; and (d) the Content will not cause injury to any person or entity. SRGUSA takes no responsibility and assumes no liability for any Content posted by you or any third party.

You are solely responsible for your Content. You assume all risks associated with use of your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in the Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by SRGUSA.

Content posted by Users and other non-SRGUSA contributors are not reviewed by SRGUSA. SRGUSA shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove any and all Content for any reason or no reason.

3. TRADEMARKS

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on this Site and/or on e-mails sent to you are the registered and unregistered Trademarks of SRGUSA and of SRGUSA’ licensors. Your use of the Trademarks displayed on this Site, except as provided in these Terms, is strictly prohibited.

4. COMMUNITY GUIDELINES

All the reviews posted here are individual, subjective opinions. The opinions expressed are those of SRGUSA members and not of SRGUSA. We do not endorse nor are we affiliated with any nonprofit listed or reviewed on this Site. SRGUSA reserves the right to remove a review for any reason. You may post or submit feedback, materials, information, ideas, opinions and other content (“Content”), provided that your Content does not: (i) violate a third party’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) contain material that is false, intentionally misleading, or defamatory; (iii) contain material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; (iv) contain images of or links or references to tobacco and alcohol products; or (v) violate or advocate the violation of any law or regulation.

If you do post Content, and unless we indicate otherwise, you grant SRGUSA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant SRGUSA and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that: (a) you own or otherwise control all of the rights to the Content that you post and/or submit; (b) the Content is accurate; (c) the use of the Content you post and/or submit does not violate these Terms; and (d) the Content will not cause injury to any person or entity. SRGUSA takes no responsibility and assumes no liability for any Content posted by you or any third party.

You are solely responsible for your Content. You assume all risks associated with use of your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in the Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by SRGUSA.

Content posted by Users and other non-SRGUSA contributors are not reviewed by SRGUSA. SRGUSA shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove any and all Content for any reason or no reason.

You represent and warrant that you will not:

  • use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Site;
  • use the Site to promote bigotry or discrimination against protected classes;
  • use the Site to post Content in exchange for rewards or incentives or offer rewards or incentives for positive reviews;
  • use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
  • use the Site to transmit or post pornography or illegal content;
  • use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
  • use the Site to include an individual’s full name in negative reviews or comments. In other words, use only the individual’s first name;
  • use the Site to publicize private information, e.g. the phone number or physical address of an individual;
  • use the Site to post reviews unrelated to the nonprofit’s work or performance of its services;
  • use the Site to post negative reviews with second-hand information. Please submit reviews based on your direct experience; or
  • use the Site in violation of the Terms of Service or any applicable law.

Enforcement of the user Content or conduct rules set forth in these Terms is solely at SRGUSA discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any Content that is prohibited by such rules.

5. USE OF SITE

You may use or download material displayed on this Site for noncommercial, personal use only. If you download material, you must retain all copyright and other proprietary notices displayed on the materials. Except as otherwise expressly permitted by these Terms or with SRGUSA’ prior written consent, you may not: (i) collect, use, copy or distribute any portion of the Site; (ii) resell, publicly perform or publicly display any portion of the Site; (iii) modify or otherwise make any derivative uses of any portion of the Site; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of web site infrastructural resources; (vi) download (other than page caching) any portion of the Site or any information contained therein; or (vii) use the Site other than for their intended purposes. SRGUSA.org reserves the right to refuse service, and terminate accounts if we believe that your conduct violates these Terms.

6. User Account

In order to access and use certain sections and features of the SRGUSA Services, you must first register and create an account with SRGUSA (“User Account”).

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the SRGUSA Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the SRGUSA Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

​SRGUSA will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant SRGUSA Service, as the person or entity who has access to the e-mail address then listed in SRGUSA’s records for such User Account under which such User Platform or User Content was created.

If any Paid Services (as defined in Section 5 below) were purchased via a User Account, SRGUSA will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on SRGUSA’s database, SRGUSA will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, SRGUSA will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, SRGUSA shall consider the person registered as the owner of the domain connected to the SRGUSA Account as the owner of the User Platform.

Notwithstanding the forgoing, SRGUSA shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event SRGUSA deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by SRGUSA.

7. Your Obligations

7.1. You represent and warrant that:

You are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the SRGUSA Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the SRGUSA Terms; you are not a resident of (or will use the SRGUSA Services in) a country that the U.S. government has embargoed for use of the SRGUSA Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations; your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us; you understand that SRGUSA does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith; And specifically, regarding your User Content:

you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by SRGUSA Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;

you have (and will maintain) the full power, title, licenses, consents and authority to allow SRGUSA Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.

the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third-party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for SRGUSA and/or your End Users to access, import, copy, upload, use or possess in connection with the SRGUSA Services;

you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

#ItsThatEasy In order to use our services, there are certain obligations and conditions you need to meet.
 Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.
 In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable SRGUSA or your end users to do with it) is legal.

7.2. You undertake and agree to:

Fully comply with all applicable laws and any other contractual terms which govern your use of the SRGUSA Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

be solely responsible and liable with respect to any of the uses of the SRGUSA Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the SRGUSA Services);

regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third-Party Services used by you;

receive from time-to-time promotional messages and materials from SRGUSA or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;

allow SRGUSA to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of SRGUSA’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against SRGUSA or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;

SRGUSA’s sole discretion as to the means, manner, and method for performing the SRGUSA Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

​SRGUSA shall have the right to offer the SRGUSA Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the SRGUSA Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.

You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings. You shall regularly save backups of your content. You agree that we or our partners may send you promotional messages and content. You can easily opt-out of receiving promotional messages by contacting us.​You allow us to use your website for our promotional activities, and to determine the manner in which the services will be performed.

​You agree that SRGUSA has the right to impose and change price plans for its Services. Additionally, SRGUSA may impose restrictions depending on your specific usage of the Service.

7.3. You agree and undertake not to:

Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the SRGUSA Website, the SRGUSA Services (or any part thereof), any Content offered by SRGUSA or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without SRGUSA’s prior written and specific consent and/or as expressly permitted under the SRGUSA Terms;

submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of SRGUSA or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable; upload, insert, collect or otherwise make available within the SRGUSA Website or the SRGUSA Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;

publish and/or make any use of the SRGUSA Services or Licensed Content on any website, media, network or system other than those provided by SRGUSA, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the SRGUSA Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by SRGUSA, in advance and in writing;

use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the SRGUSA Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the SRGUSA Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the SRGUSA Services; act in a manner which might be perceived as damaging to SRGUSA’s reputation and goodwill or which may bring SRGUSA into disrepute or harm;

purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use SRGUSA or SRGUSA Marks and/or variations and misspellings thereof; impersonate any person or entity or provide false information on the SRGUSA Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to SRGUSA and/or any End Users; falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that SRGUSA or any third party endorses you, your User Platform, your business, your User Products, or any statement you make; reverse look-up, trace, or seek to trace another User of SRGUSA Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the SRGUSA Services and/or User Platform without their express and informed consent;

disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the SRGUSA Services, User Platform, the account of another User(s), or any other systems or networks connected to the SRGUSA Services, by hacking, password mining, or other illegitimate or prohibited means; probe, scan, or test the vulnerability of the SRGUSA Services or any network connected to the SRGUSA Services; upload to the SRGUSA Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the SRGUSA Services or SRGUSA’s systems or networks connected to the SRGUSA Services, or otherwise interfere with or disrupt the operation of any of the SRGUSA Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; use any of the SRGUSA Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising; access to SRGUSA Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or SRGUSA Services, except as expressly permitted by the SRGUSA Terms; remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the SRGUSA Services and/or Licensed Content; or violate, attempt to violate, or otherwise fail to comply with any of the SRGUSA Terms or any laws or requirements applicable to your use of the SRGUSA Services. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

​You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services

8. THIRD PARTY SITES AND CONTENT 

We may host or provide links to web pages, web sites and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third-Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third-Party Sites and Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which you navigate from the Site.

​9. DONATIONS

​Donations are made to JustGive, a 501(c)(3) tax-exempt organization that operates a donor-advised fund to process donations and make grants to other U.S. 501(c)(3) tax-exempt organizations (“Organization”) pursuant to donor advisements

​10. Refund Policy

​All donations are final.  Donations are not refundable.

11. DISCLAIMER OF WARRANTIES

THE SITE AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING. WE DO NOT WARRANT THAT THE SITE OR ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE OR THE SERVICE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; (IV) ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY; (V) ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT; AND (VI) THAT THE SITE AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.

12. LIMITATION OF LIABILITY

IN NO EVENT WILL SRGUSA BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SITE AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13. INDEMNIFICATION AND RELEASE

You will indemnify, defend and hold us and our officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against an Indemnified Party, whether successful or not, resulting from or arising in connection with: (i) your use of the Site; (ii) your conduct; (iii) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (iii) any Content you upload to, posted on, create on, transmit through or link from the Site.

14. TERMINATION

Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms (including, but not limited to, your right to use the Site) and to block or prevent your access to and use of the Site for any or no reason.

15. ELECTRONIC COMMUNICATIONS

Notwithstanding any terms to the contrary in these Terms, SRGUSA may choose to electronically deliver all communications with you, which may include: (i) email to your email address indicated in your communications with SRGUSA or upon registration with the Site; or (ii) posting messages that are displayed to you when you log in to or access the Site. SRGUSA’ electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with SRGUSA, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.

16. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
     We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.

 In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, SRGUSA has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of SRGUSA, account holders who are deemed to be repeat infringers. SRGUSA may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

17. MISCELLANEOUS

These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in [San Francisco County, California]. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. None of your rights or duties under these Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify the Terms so as to affect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

18. REPORTS

If you believe there is a violation of these Terms and you would like to report it to us, please direct the information to Support@SRGUSA.org. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.

​ Thank you for reading these Terms and for using SRGUSA!