YOUR USE OF SWASH+ WEB SITES (“SITES”), CONTENT, PRODUCTS AND SERVICES, AND DOWNLOADING FROM OUR SITES CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. In addition to providing access to our research reports, findings, and photographs, our sites, materials, products and/or services (collectively, "Materials") provide you with the opportunity to interact with us and our online community. These terms and conditions have been developed for your protection, as well as ours.

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Materials or Sites after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Sites or Materials. It is your responsibility to regularly check to determine if there have been changes to these Terms and to review such changes.

1. Rights & Permissions
1. You may use the Materials only for educational or non-commercial purposes relating to providing humanitarian relief and development programs, subject to these Terms and except that:
1. Images (including photos and films). E-mail mwright@care.org if you want to use an image from the Materials, describing the image you want to use, the page address where it appears, what you want to use it for and, if an individual, your name and address; if an entity, its place of incorporation and type of entity. This use requires express written permission from SWASH+.
2. Legends Intact. Keep all copyright or other proprietary notices intact. The Materials should indicate “© SWASH+ and its consortium partners, as appropriate”, and may require additional legends to attribute the work to an author, photographer, a particular SWASH+ partner or others. All Materials are owned by SWASH+ or its consortium members and approved for SWASH+ use.
3. Copy to SWASH+. If the Materials are used in a publication or other formal presentation, you must provide SWASH+ a copy by e-mailing mwright@care.org.
4. Reputation. Materials shall not be used to disparage SWASH+, its partners, or its activities.
2. Liabilities and Injuries
1. You shall not post or transmit through SWASH+ Materials any information or documents that violates these Terms. You shall defend, indemnify and hold harmless SWASH+, SWASH+ partners, and their directors, officers, employees, and agents ("SWASH+ Entities") from any claims, losses or expenses arising from or in connection with your use of the Materials, your conduct in connection with the Materials or with other Users of the Materials, or any violation of this Agreement or of any law or the rights of any third party.
2. THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. EACH SWASH+ ENTITY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO SWASH+ ENTITY WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE MATERIALS INCLUDING, WITHOUT LIMITATION, THEIR COMPLETENESS, ACCURACY, RELIABILITY, INTERRUPTION, DEFECT, WHETHER THE MATERIALS OR THE SERVER ARE FREE OF VIRUSES, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR OTHER HARMFUL COMPONENTS. INFORMATION IN THE MATERIALS, OR THE SITES OF ANY SWASH+ ENTITIES, IS PROVIDED WITH THE UNDERSTANDING THAT SWASH+ ENTITIES ARE NOT RENDERING PROFESSIONAL ADVICE OR RECOMMENDATIONS. DO NOT RELY ON ANY INFORMATION ON THESE PAGES TO REPLACE CONSULTATIONS WITH QUALIFIED PROFESSIONALS TO MEET YOUR INDIVIDUAL NEEDS. YOU USE THE MATERIALS AT YOUR OWN RISK.
3. IN NO EVENT WILL ANY SWASH+ ENTITY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE MATERIALS, ANY PLATFORM APPLICATIONS OR ANY OF THE MATERIALS OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITES, EVEN IF ONE OR MORE SWASH+ ENTITY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SWASH+’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MAINTAIN THE WEBSITE DURING THE TERM OF ACCESS, AND SUCH OBLIGATION MUST BE FULFILLED ONLY BY THE SWASH+ ENTITY THAT RECEIVED SUCH PAYMENT. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO MAINTAIN THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SWASH+, REGARDLESS OF THE CAUSE OF ACTION.
4. SWASH+ is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet, the Materials or at any Sites or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Materials. Under no circumstances will SWASH+ be responsible for any loss or damage, including any loss or damage to any Submissions or personal injury or death, resulting from anyone's use of the Materials or any interactions between Users of the Materials, whether online or offline.
5. The Materials or Sites may be linked to other sites not maintained by SWASH+ Entities. No SWASH+ Entity is responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by any SWASH+ Entity of the sites. No SWASH+ Entity makes any representations whatsoever about any other sites which you may access through SWASH+.
6. These limitations apply even if there is negligence on the part of a SWASH+ Entity or an authorized SWASH+ Entity representative has been advised of the possibility of such damages, or both.
3. SWASH+ Programs. The Materials may contain references to SWASH+ services, products and programs or to services, products and programs of SWASH+ Entities that are international and may or may not exist in your country. These references do not imply that SWASH+ intends to announce or provide the programs in your country. All questions about SWASH+ activities in your country should be directed to mwright@care.org.
4. Monitoring. You understand and agree that the SWASH+ designated webmaster may, but is not obligated to, review the Materials and may delete or remove (without notice) any Content in its sole discretion, for any reason or no reason. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, SWASH+ shall terminate, in appropriate circumstances and at the sole discretion of the SWASH+ webmaster, access of Users who are deemed to be repeat infringers. the SWASH+ webmaster may also at its sole discretion limit access to the Materials (including on the Sites) and/or terminate access of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Possible evidence of use of the Materials (including the Sites) for illegal purposes may be provided to law enforcement authorities.
5. Trademark Information. Any trademarks or tradenames displayed in the Materials, on the Sites or through links to other sites are the property of the respective trademark owners.
6. Privacy.  Any information about you that SWASH+ collects when you contact it through the Sites or links on the Sites will only be used to receive and reply to questions or comments you direct to SWASH+.  Email addresses and any other personal information that SWASH+ collects will not be retained.
7. Miscellaneous
1. This Agreement constitutes the entire agreement of the parties with respect to this subject matter, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
2. This Agreement and the website Services hereunder shall be construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflict of laws roles. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. "Includes", "including" and other similar terms are deemed to include "without limitation" immediately thereafter, and any specification of the Site as part of the Materials is purely to provide clear meaning and does not imply that other references to Materials exclude the Sites.

c.        YOU AND SWASH+ ENTITIES AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE MATERIALS (INCLUDING YOUR VISIT TO OR USE OF THE MATERIALS) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that one of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct roles set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) disputes or claims relating to any purchases from a third party or third party sites may be subject to other roles. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Roles. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Materials (including your visit to or use of the Materials) be instituted more than three (3) years after the cause of action arose.

4. These Terms are also for the benefit of SWASH+ Entities, each of which may assert and enforce such provisions directly or on its own behalf.