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Last modified 04/30/2023
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ADDITIONAL GENERAL TERMS AND CONDITIONS
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You agree to defend, indemnify, and hold harmless PWI and its affiliates, and their respective employees, directors, agents, and representatives from and against any and all claims, costs, losses, damages, judgments, penalties, interest, and expenses (including reasonable attorneys' fees) arising out of any claim that arises from or relates to (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Participation Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or seller taxes or the collection, payment, or failure to collect or pay seller taxes. For the purposes hereof, "Claim" means any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity. PWI shall not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the Participation Agreement, the Site, the Services, the Transaction Processing Service, the inability to use the Services or the Transaction Processing Service, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Services.
PWI reserves the right to terminate this Participation Agreement, access to the Site or the Services, your profile on the site, or any current fixed price sales at any time and without prior notice, for any reason that we, in our sole discretion, deem appropriate. If your profile is canceled for any reason, you will immediately be responsible for the remainder of the annual subscription cost and will be billed accordingly. Please note that PWI is not obligated to provide a refund under any circumstances.
We recommend that you regularly review these terms and conditions to ensure that you are aware of any changes made by PWI. By continuing to use the Site or the Services, you are indicating your agreement to be bound by the most current version of these terms and conditions.
In the event that any provision of this Participation Agreement is determined to be unlawful, void, or unenforceable for any reason, such provision will be deemed to be severable from these terms and conditions. The invalidity or unenforceability of any provision will not affect the validity and enforceability of any remaining provisions.
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THE SITE AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED"AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, 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 IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE AVAILABLE, RELIABLE, OR SECURE AT ALL TIMES.
WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR CONDITION OF TITLE, WHETHER ARISING BY OPERATION OF LAW, BY REASON OF CUSTOM USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. WE ALSO DISCLAIM ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY AND ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT.
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Project World Impact may choose to communicate with you electronically for all purposes related to these Terms. This includes sending emails to the email address you provided during registration or in your communications with us, or displaying messages to you when you log in to the Site. These electronic communications may include information about actions taken on your requests, notices of incomplete or partially complete requests, notices of modifications to these Terms, any notices required by applicable law, and any other information or communication related to your use of the Site.
By using the Site, you agree to receive all communications from Project World Impact electronically. You acknowledge that receiving communications from us electronically satisfies any legal requirement that such communications be in writing. You also agree that an electronic notice will be deemed received by you on the day it is transmitted or conveyed to you via email or displayed on the Site.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any content on the Site infringes upon your copyright, you may file a notification of such infringement by sending an email to firstname.lastname@example.org with “Copyright Infringement” as the subject line.
To be effective, the notification must be a written communication that includes the following:
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 laws , Project World Impact has adopted a policy of terminating, in appropriate circumstances and at our sole discretion of Project World Impact, account holders who are deemed to be repeated infringers. We may also, at our 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.
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Dupage County, Illinois, and you hereby consent and submit to the jurisdiction and venue of such courts. You may not transfer, assign, or delegat your rights or obligations under these Terms without such consent will be null and void. We may freely transfer, assign or delegate our rights and obligations under these Terms. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors, and permitted assigns.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. The parties shall negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner.
ALTERNATIVE DISPUTE RESOLUTION
Any dispute relating in any way to the Terms and Conditions or use of any product or service from PWI, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by these Terms and Conditions. The arbitration shall be conducted in Kane County, Illinois, or at another mutually agreed location .
The Federal Arbitration Act and federal arbitration law and the laws of the state of Illinois, without regard to principles of conflict of laws, shall govern any dispute of any sort that might arise. The arbitration shall be conducted by a single arbitrator, selected in accordance with the AAA Rules. The arbitrator shall have the power to award any relief that a court could award including injunctive and declaratory relief and statutory damages. The arbitrator must follow these Terms and Conditions as a court would.
To initiate arbitration, you must send a letter to our registered agent, Wagenmaker & Oberly, LLC, requesting arbitration and describing your claim. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
The arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. You and PWI waive any right to a jury trial and agree that any arbitration will be solely between you and PWI, except as otherwise provided herein.
In the event that any provision of this arbitration section is found unenforceable or invalid, the unenforceable or invalid provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). Any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action.
If you believe that there has been a violation of these Terms, please report it to us by sending an email to email@example.com. Please note that any reports 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. We may also 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.
While we strive to review all reports in a timely manner, please note that a personal reply to reports you submit to us may not always be possible.
By submitting a report of a violation, you represent and warrant that the information you provide is accurate and complete to the best of your knowledge. You also acknowledge and agree that we may disclose your report and related information to the alleged violator and any relevant third parties, as necessary to investigate and address the reported violation.
We reserve the right to modify or update these reporting procedures at any time without prior notice. Your continued use of our services or products after such modifications or updates constitutes your acceptance of the revised reporting procedures.
COMMUNICATION WITH US
While we welcome your feedback, questions, comments, suggestions, and other communications, please do not send us any content that contains confidential information. By submitting any communications to us, you acknowledge and agree that we may freely use, reproduce, modify, distribute, and display such communication and any ideas, concepts, know-how, or techniques contained therein for any purpose without any payment or obligation to you. This includes, but is not limited to, the development, production, and marketing of products and services that incorporate such information.
You represent and warrant that any communication you send to us does not infringe or violate any intellectual property, privacy, or other rights of any third party and that you have all necessary rights and permissions to submit such communication to us.
We reserve the right to review, edit, or remove any communication submitted to us, and to terminate or suspend your access to our services or products if we determine, in our sole discretion, that you have violated these terms and conditions or any applicable law or regulation.
By using our services or products, you agree to these terms and conditions and any updates or revisions that we may make from time to time. If you do not agree to these terms and conditions, you should not use our services or products.
PROFILE CANCELLATION, UPGRADE, OR DOWNGRADE
You have the ability to change (delete, upgrade, or downgrade) your Project World Impact profile and subscription level at any time by visiting Your Account Dashboard. If you choose to delete your account, you will be responsible for the remainder of your annual fee, which will be billed to you. No refunds will be provided under any circumstances. If you choose to downgrade your subscription to a lower level, you will still be responsible for paying the remainder of the annual fee at the original level, and no credit will be applied to your account. If you choose to upgrade your subscription, you will be charged a prorated fee for the remainder of the year at the higher subscription level.
Your monthly subscription will be automatically renewed. We will notify you of the payment via email sent to the administrative email address you provided. If you fail to cancel the renewal for any reason, we will not be obligated to provide a refund under any circumstances.
Your annual subscription will also be automatically renewed. We will send you an email notification to the administrative email address you provided at least 14 days before the renewal becomes effective. If you fail to cancel the renewal for any reason, we will not be obligated to provide a refund under any circumstances.
By using our services, you acknowledge and agree to these terms and conditions. If you do not agree to these terms and conditions, you must not use our services. We reserve the right to modify these terms and conditions at any time, and any modifications will be effective immediately upon posting the modified terms and conditions on our website. It is your responsibility to review these terms and conditions periodically for any changes. If you continue to use our services after any modifications to these terms and conditions have been made, you agree to be bound by the modified terms and conditions.
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