1. Changes to the TOU. CG reserves the right to change the terms of the TOU at any time. The latest copy of the TOU will be found on CommerceGhana.com.
2. Disclaimer Regarding Information Provided. CG provides information regarding doing business in the Republic of Ghana and regarding potential investment opportunities in Ghana on its website. None of the business information provided constitutes business advice directed to a particular person intended to inform him or her of 1) how to do business in Ghana, or 2) what investment opportunity to choose. You understand that CG, nor its employees, agents, managers, and directors, can or will provide advice as to whether any particular investment opportunity, service provider, sponsor, or portion of site content would be suitable for you. If any of the business information provided on CG’s website could be construed to be business or investment advice, you acknowledge that such advice is provided generally and not specifically to or for you or the investment needs of another person.
In addition, CG provides information regarding potential investment opportunities in Ghana that include content provided by third parties and the individuals or entities associated with those potential investment opportunities. You acknowledge that CG takes no responsibility for and makes no warranty that such information accurately or fully describes the benefits and/or risks of any potential investment opportunity. You acknowledge that, while CG has contracted with third parties to review and determine the legitimacy of a particular investment opportunity in Ghana prior to placing a listing on the website, any liability for any damage or loss incurred through reliance on the accuracy of the information provided in any potential investment opportunity listing rests solely with the third party(ies) associated with a particular investment opportunity listing itself and those directly associated with the investment opportunity and not with CG.
USE OF THIS SITE CONSTITUTES YOUR ACKNOWLEDGEMENT OF YOUR RESPONSIBILITY TO PERFORM YOUR OWN DUE DILIGENCE WITH RESPECT TO ANY INVESTMENT OPPORTUNITY OR BUSINESS INFORMATION PROVIDED ON THIS SITE.
3. User Conduct and Responsibilities. As part of the registration process to gain access to the database of investment opportunities, you will be required to select a unique username and password. You agree that you will take reasonable steps to protect your username and password information and notify CG immediately if you believe that your username or password has been compromised. You further agree by using this site and signing this agreement that you are 18 years of age or older and legally competent to enter into a binding contractual agreement.
4. Copyright Rights and Allowable Use of Content. All content except for those logos and other content provided by Sponsors and Service Providers on the website is the property of CG, which holds the copyrights to such content and reserves all rights therein that are not otherwise granted to you under the TOU. You agree that your online use of the content is limited to linking directly to the CG website. You may make one printed out copy of the content on the site for only your personal use and agree to not data mine, scrape, frame, republish, repost, translate, copy, or otherwise create any derivative work using the site content without written permission from CG. You further agree that your account may be terminated should CG determine that you have violated CG’s rights in the content on the website. You further agree that CG may take all actions it deems necessary to take down infringing content from yours or any third party website hosting such infringing content created by you.
You further agree that, absent explicit written permission from CG, you will not post the contact information for or description of any potential investment opportunity described in a listing on the site on any other website or distribute such content in printed or electronic form except to your employees or existing business partners. A VIOLATION OF THIS TERM WILL RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT.
CG respects the rights of copyright and trademark holders, and has established a process to handle claims that infringing content is included on this site. To file a copyright or trademark claim with CG to request that infringing content be removed, send an email to email@example.com that includes the following:
a) In the subject line, Trademark (or Copyright) Claim
b) The Copyright Registration Number or Trademark Registration Number and date of registration.
c) A precise description of the location on the Commerce Ghana site of the infringing content (i.e., a direct hyperlink if possible).
d) A brief description of how the content infringes the copyright or trademark, including a copy of the deposit material of the copyright registration if possible.
e) The electronic email address, name, and mailing address desired for contact.
f) The following statement: “By electronically signing below and sending this message, the sender certifies in good faith, under penalty of perjury, that the use as it appears on the CG site of the copyright/trademark infringes my rights, and that such use is not defensible.”
A proper request will include items a-f. Upon receipt of a request in proper form, CG will conduct an investigation that may include contacting any third party who submitted the content to CG. In its sole discretion, CG may remove the content after receipt of the complaint based on the results of the investigation. CG will update the complainant on its decision/action via email following completion of the investigation.
5. Third Party Websites. The content on the website may include various links to other third-party websites, including those of Sponsors, Solution Providers, and other advertisers. You acknowledge that, by including such links, CG does not endorse, guarantee, or vouch for the accuracy of any information contained on any third party website or the fitness of or quality of the services or of the advice contained thereon and that your use of that information is at your own risk.
6. Disclaimers. YOU ACKNOWLEDGE THAT INFORMATION PROVIDED ON THIS SITE, INCLUDING THAT RELATING TO POTENTIAL INVESTMENT OPPORTUNITIES, IS PROVIDED “AS IS” AND THAT YOUR USE OF THE INFORMATION IS AT YOUR OWN RISK. CG HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CG MAKES NO GUARANTEE TO YOU OF ANY PARTICULAR LEVEL OF SITE AVAILABILITY, OF YOUR INDIVIDUAL ABILITY TO ACCESS THE CONTENT ON THE SITE, THAT THE SITE DOES NOT CONTAIN POTENTIALLY HARMFUL SOFTWARE (SUCH AS TROJAN HORSES, WORMS, OR VIRUSES), OR THAT SITE MALFUNCTIONS CAUSING HARM TO YOUR ABILITY TO ACCESS THE SITE MAY NOT OCCUR OR DO NOT EXIST.
7. Limitation of Liability. YOU ACKNOWLEDGE BY USING THE SITE THAT CG IS NOT RESPONSIBLE UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FOR ANY LOSSES OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCURRED DUE TO YOUR USE OF ANY SERVICE ADVERTISED THEREON BY THIRD PARTIES OR DUE TO YOUR INVESTMENT IN ANY POTENTIAL INVESTMENT OPPORTUNITY LISTED ON THE WEBSITE. YOU ACKNOWLEDGE THAT CG HAS NOT MADE, AND MAKES NO GUARANTEE OF ANY RETURN ON INVESTMENT IN ANY INVESTMENT OPPORTUNITY LISTED ON THE SITE. YOU ALSO ACKNOWLEDGE THAT, AS WITH ALL INVESTMENTS, YOUR INVESTMENT IN A PARTICULAR INVESTMENT OPPORTUNITY LISTED ON THE SITE MAY LOSE VALUE. YOU FURTHER AGREE THAT CG SHALL NOT BE LIABLE FOR ANY NONPERFORMANCE, LOSS, OR DAMAGE RESULTING FROM ACTS BEYOND ITS CONTROL INCLUDING, BY NON-LIMITING EXAMPLE, FIRE, FLOOD, STORM, OR OTHER ACTS OF GOD; ANY LAW, REGULATION, COURT ORDER, COUP, REVOLUTION, OR ACT OF ANY TERRORIST, MILITARY, OR GOVERNMENTAL ENTITY; OR ANY OTHER FAILURE OF THE INTERNET OR ASSOCIATED COMPUTER NETWORK.
8. Indemnification. You agree to indemnify, defend, and hold CG and its officers, directors, agents, owners, contractors, representatives, shareholders, and employees harmless from and against any and all claims, suits, expense, damages, losses, or other liabilities, including reasonable attorney’s fees and court costs, arising out of your use of this site; the services of Sponsors, Solution Providers, or other third party advertisers; or your investment in any investment opportunity listed on the site.
9. Termination/Choice of Law. This Agreement shall be subject to, governed by, and construed according to the laws of the State of Arizona excluding any conflict of laws provisions that would apply the substantive law of another jurisdiction including the United Nations Convention on Contracts for the International Sale of Goods, and the Uniform Computer Information Transactions Act. You agree and submit to the personal and exclusive jurisdiction of the federal and state courts located in Maricopa County, Arizona; waive any jurisdictional, venue, or inconvenient forum objections thereto, and agree that those courts have the sole and exclusive jurisdiction over any action, suit, or proceeding arising out of or relating to the TOU.
10. Severability. If any provision of the TOU should be or become fully or partly invalid or unenforceable for any reason whatsoever or violate any applicable law, the TOU is to be considered devisable as to such provision, and such provision is to be deleted from this TOU, and the remainder of the TOU shall be deemed valid and binding as if such provision were not included herein.
11. Entire Agreement. The TOU constitutes the entire Agreement between you and CG respecting the terms contained herein and supersedes all prior written or oral agreements or understandings in variation of its terms. No variation or modification of the terms of the TOU, nor any waiver of any of the terms or provision hereof, shall be deemed valid unless in writing and signed by the parties’ signatories hereto.
This revision effective as of: 5 May 2011