Learn more about specific causes in Tonga that you can get involved in.
EnvironmentTonga has been severely affected by heavy rains, cyclones, and soil erosion. 80% of the population lives on the coastline, and rising sea levels caused by climate change could destroy homes and displace thousands.1 Because of the small amounts of industry in Tonga, it must rely on larger countries to slow climate change in order for the islands to survive.1 The Ministry of Environment and Climate Change in Tonga has the goal of protecting the environment and providing a high standard of life for the next generation, and much of their work involves conservation efforts and diplomacy.2
FamilyRates of domestic abuse and violence against women are very high in Tonga. 45% of women in Tonga have been victims of physical, sexual, or emotional abuse. Additionally, 33% of married women have reported instances of physical abuse from their spouse, such as being hit, choked, punched, burnt, or dragged.1
Human RightsThe most prevalent human rights abuses in the country include domestic abuse, discrimination against women, government corruption, and child marriages.1 However, the constitution protects the freedom of assembly, belief, and speech. This is generally respected, but there are some reports of the police giving fines to those who harshly criticize the government.2 There is significant violence against women, and laws do not acknowledge spousal rape as a crime.1
EducationSchooling is compulsory and free between ages 6 and 14, and nearly all schools in Tonga are run by religious institutions.1 The education sector relies on technical and financial support from Australia and New Zealand in order to provide quality primary education for all and support early childhood education opportunities.1 Although there are universities in Tonga, many students pursue degrees abroad. The country currently has a 100% primary school enrollment rate, and the adult literacy rate is 99%.2
PovertyApproximately 23% of Tonga’s population live below the poverty line.1 Poverty tends to be concentrated among small-scale farmers and fishers in rural areas. Women are particularly vulnerable to poverty in Tonga, and impoverished women often have increased burdens of work as they care for their children and work to provide their family with income.2
ReligionThe religious population of Tonga is 64% Protestant, 16% Mormon, and 15% Roman Catholic.1 The constitution provides for religious freedom, and this is respected by both the government and society. Reports of religious discrimination or conflict are largely nonexistent.2
Clean WaterBecause of Tonga’s isolated location in the Pacific Ocean, it is difficult to maintain clean water sources for all that are not contaminated with saltwater.1 In order to ensure sustained water access, the government of Tonga is working to improve their pipe system and use technology to monitor water levels. Their hope is to use their water resources in a way that is not wasteful.2 Currently, 99% of the island’s population has access to clean drinking water and improved sanitation infrastructure.3
EconomyThe economy relies heavily on tourism, but the majority of public infrastructures and services are funded through international donors and development partners.1 Foreign aid and overseas workers provide the backbone of the economy in Tonga, and it is difficult for the public sector to flourish since there is such a low level of economic diversification and dynamism.2 Because of large amounts of government oversight, the private sector is unable to develop. The country’s unemployment rate is currently at 5%.3
GovernmentThe last remaining constitutional monarchy in the Pacific Ocean, King Tupou VI has been in power since 2012.1 The island is unique in that it did not lose or overthrow its indigenous governance during its time as a British protectorate. Although the government functions well, corruption is still a serious problem with many royals and officials using state resources for their personal gain.2 The institutions in place to reduce corruption are poorly funded which makes it difficult for these practices to be curbed.2
HealthCardiovascular diseases account for 38% of adult deaths in Tonga, and many other causes of early death can be attributed to poor lifestyle choices. For example, 31% of Tongans smoke tobacco and almost 70% of all adults are obese, both of which lead to preventable health problems.1 Thousands die each year from diseases that can be prevented with vaccines, so the government and other organizations have been pushing for more children in remote villages to be vaccinated and educated on their importance.2
ChildrenThere is no legal minimum age for work which makes children vulnerable to some of the worst forms of child labor. Although there is little data, there is clear evidence of children being involved in prostitution.1 Child marriages in Tonga are a growing trend, but there has also been pressure for the government to make stricter marriage laws.2
AnimalsTonga is home to many bird and fish species. Because of its remote location, there are no native mammals, although rats, dogs, pigs, and bats have been brought to the islands.1
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Last modified 03/25/2022
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Users grant Project World Impact and the nonprofit beneficiary a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any Campaign Owner or Contributor on or in connection with PWI Products and Services and our related marketing and promotional activities. All Users continue to hold all ownership interest in their User Content. Each Campaign Owner represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
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The purpose of the Program is to permit Registered Nonprofit Users to receive Distributions from the PWI when customers open new internet tabs using the PWI Fund extension, browse the internet, or make Qualifying Purchases on the online sites that participate in PWI Fund.
PWI Fund customers can select any Eligible Organization, but only Registered Nonprofit Users can receive disbursements from the Program.
"Eligible Organizations" are those charitable organizations that we determine:
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Distributions from Project World Impact to Registered Nonprofit Users are based on Qualifying Purchases shipped, streamed, or downloaded (as applicable) in a given calendar quarter, and not subsequently returned. Distributions are calculated in accordance with the Operational Documentation, as it may be modified from time to time.
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If we determine that you are no longer an Eligible Organization or that you or anyone acting on your behalf has violated any term or condition set forth in this Participation Agreement (including failure to qualify as a Registered Organization), we reserve the right to disburse any donation that would have been made to you instead to one or more other Registered Organizations.
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PWI charges a service fee to nonprofits of up to 5% of their Registered Users’ PWI Fund purchases. This service fee will help PWI continue to expand the number of online sites, distribute money, and pay miscellaneous fees incurred by PWI.
If an Eligible Organization that is not a Registered Nonprofit User accrues Distributions in a given calendar quarter, PWI will accrue and withhold such Distributions until the donation cycle following the end of the calendar quarter in which it becomes a Registered Nonprofit User. However, if such an Eligible Organization does not promptly become a Registered Nonprofit User, then PWI reserves the right after each calendar quarter in which an Eligible Organization accrues withheld amounts (after expiration of a reasonable period as we determine in our discretion, not to exceed 3 years after such quarter), to reallocate and disburse such accrued and withheld funds to organizations qualified as Registered Nonprofit Users.
PWI may be obligated by law to obtain tax information from the Registered Nonprofit User. If we request tax information that is not provided to PWI, PWI may (in addition to any other rights or remedies available to us) withhold your Distributions until this information is provided or otherwise satisfy PWI that we are not required to obtain the tax information.
If, for any reason, no money accrues after a user purchase or no money is sent to PWI, the purchase made by the Registered User will be invalid to have any percentage or amount of the purchase given to the nonprofit that the Registered User has designated. Also, based on individual state laws, PWI may withhold any money that was made by a customer after purchasing from an online store.
An active list of online sites that send money to PWI based on customer purchases can be found via https://projectworldimpact.com/fund. In order to get access to use PWI Fund as a customer, you can go to https://projectworldimpact.com/fund and create an account, download the browser extensions, or app, and start using it.
Registered Users will select a nonprofit on the https://projectworldimpact.com/fund link. If a user downloads and uses PWI Fund, without having an active, paying, nonprofit on the site, their funds will be reallocated and disbursed to organizations qualified as Registered Nonprofit Users.
PWI assists specific nonprofits in managing their Google Ad Grants ads account from Google, a prominent internet company (“Grantor”), for use in internet advertising within the following conditions located at https://www.google.com/nonprofits/offerings/google-ad-grants.html
A customizable conference app. Provides a Registered Nonprofit User real-time access to the PWI Convene app, where they can build out their conference agenda into an app while including specific agendas, breakout sessions, maps, bios, notes, polls, surveys, and more for their conference. All conference data and attendee data are available for use by PWI in connection with PWI Convene and related marketing and promotional activities.
Discounted Marketing Services
PWI provides up to 50% off on marketing services (websites, apps, graphic design, social media, seo, marketing campaigns, video, etc.) to Registered Nonprofit Users who have subscribed on projectworldimpact.com. The discount is determined by the standard amount the PWI charges nonprofits and for-profit organizations who are not currently on the site. The amount of the discount is not guaranteed and is determined solely by and at the discretion of PWI.
An event platform for Registered Nonprofit Users to post, promote, and track events for their organization, and includes ticketing. PWI is not responsible for the number of tickets available. PWI will not be held liable for ticket validity. When a Registered Nonprofit User does ticketing, they will be charged standard credit card processing fees. PWI does not keep any percentage of the money raised by ticket sales. Event attendees are solely responsible for researching the validity of the event. PWI shall not be responsible for any misrepresented event details listed by a nonprofit. All tickets purchased are nonrefundable.
PWI Swipe is a software product for Registered Users to donate the spare change from their daily purchases (credit or debit card) to Registered Nonprofit Users. Money will be donated to the PWI Foundation at the beginning of every month based on the previous month’s change recorded on the cards they have submitted in the app. The change donated by a Registered User will be directed to the PWI Foundation, an approved 501c(3) organization. At the end of the quarter, donations will be aggregated and distributed by PWI Foundation to the Registered Nonprofit User selected by the Registered User.
PWI Foundation will keep a one time setup fee of $2.50 for each Registered User. This one time setup fee is still considered a donation (to PWI Foundation), but will reduce the amount passed on to the Registered Nonprofit User.
PWI Foundation will email Registered Users monthly with a report on the amount contributed. At the end of the year, PWI Foundation will distribute appropriate tax receipts to the Registered Users.
It is possible for Registered Users to designate a nonprofit organization that is NOT a Registered Nonprofit User (a “Non-subscribing Nonprofit”). For Non-subscribing Nonprofits, PWI Foundation will retain 10% of the funds received related to PWI Swipe to help cover additional costs incurred for project management and associated fees.
The donation will be distributed by PWI Foundation to the designated Registered Nonprofit User and Non-subscribing Nonprofit on a quarterly basis once the total raised is above $25.
Dedicated Team Members
If a Registered Nonprofit User subscribes at the appropriate level, they will have access via a ticketing system to PWI team members to help better use the available software and tools, as well as to help maximize visibility on projectworldimpact.com. Although PWI Team members will have Registered Nonprofit Users as their prime priority, there is no guarantee as to the amount of time (hours) PWI team members will spend working on any individual Registered Nonprofit User. PWI team members will not interact with Registered Users that are connected to nonprofits or Registered Nonprofit Users, but are not Nonprofit User Admins.
Dedicated Apps & Programs (white-labeled products)
If a Registered Nonprofit User subscribes at the appropriate level, they will receive dedicated branding on specific PWI apps and programs (Convene, Storyteller, Fund, and Swipe). This means that the apps and programs will be white-labeled (appear to come directly from the Registered Nonprofit User) and the users will not be as exposed to the PWI brand.
PWI App - Access projectworldimpact.com from a smartphone mobile device.
Registered Users and Registered Nonprofit Users agree to adhere to all of the same terms and conditions as the regular projectworldimpact.com site.
DONOR ADVISED FUNDS AS COMPONENT OF THE PWI FOUNDATION
Donor Advised Funds established at the PWI Foundation (PWI Foundation) are component funds of PWI Foundation, a 501(c)(3) public benefit corporation. All contributions to PWI Foundation’s funds are treated as gifts to a public charity and are generally tax-deductible, subject to individual limitations. Contributions of property other than cash and marketable securities may be added to a fund only with the written consent of PWI Foundation. PWI Foundation does not provide tax or legal advice; we recommend consulting a professional advisor with questions about a gift to PWI Foundation.
INVESTMENT OF ASSETS
In making a gift to PWI Foundation, donors give up all right, title and interest to the assets contributed. In particular, donors cannot choose investments, investment managers or brokers after their gift has been made, with the exception of a recommended customized investment approach as stated below. The Board of PWI Foundation have the right to make any or all investment decisions regarding gifts received, except that fund advisors have advisory privileges with respect to fund investments. All assets contributed to funds will be managed in PWI Foundation’s investment pools, subject to certain approved exceptions. Investment allocations among PWI Foundation’sinvestment pools can be changed. All income and capital gains or losses will be allocated to the fund on a monthly basis.
A donor may recommend a customized investment approach through an outside investment advisor for funds carrying a significant balance. PWI Foundation’s Board must approve the recommended advisor, the advisor’s proposed investment strategy and underlying investments. For current investment fees, please contact PWI Foundation (pwifoundation.org..
USE OF THE FUND
All distributions shall be for charitable, educational, scientific, literary, or religious (including any combination of such purposes) and for administrative purposes, all in furtherance of the purposes of PWI Foundation. Grants must be for charitable purposes, and those grants may be recommended to any 501(c)(3) organization or verified charitable entity located in the United States or any nongovernmental organization outside of the United States having a verifiable charitable purpose.
Grants may also be given for charitable purposes to non-501(c)(3) organizations if the charitable expenditure can be verified through a process called expenditure responsibility.
Expenditure responsibility is required for any organization not described in IRS Section 170(b)(1)(A), including for-profit companies, private operating foundations and new public charities that do not yet have 501(c)(3) status and disqualifying supporting organizations.
Grants given within the United States must be for a minimum of $100. Grants to organizations outside of the United States or grants requiring expenditure responsibility within the United States must be for a minimum of $1,000.
PWI Foundation shall assume responsibility for check writing, bookkeeping, investment management, tax reporting, auditing and evaluation of projects, and for making available to the fund advisors and fund representatives reports of fund income, expenses and grantmaking, as appropriate.
RESTRICTIONS ON GRANTS
In compliance with the Internal Revenue Code, grants are not permitted, for non-charitable purposes; for political contributions or to support political campaign activities; or for any purpose that would provide benefits, goods or services to a donor to the fund, the fund’s advisor(s) or other related parties. A fund advisor is subject to IRS penalties if the fund’s donor(s), advisor(s) or other related parties receive benefits, goods or services in connection with a grant recommendation. This includes grants to satisfy pledges made by any person, including a fund advisor, and non-deductible (or partially tax-deductible) memberships, event tickets, sponsorships, registration fees in tournaments and cause-related marketing activities. Grants are generally not allowed to private non- operating foundations, unless certain exceptions are met. Please contact PWI Foundation if you have questions about the exclusion of benefits from grant recommendations and/or multiple-year payments.
FEES AND MINIMUMS
While there is no set-up fee to open a donor advised fund at PWI Foundation, with certain exceptions, gifts must meet specific initial gift minimums, which vary by fund type. A list of current fees, management fees, and initial gift minimums is available upon request. PWI Foundation reserves the right to change its fee or minimum policies at any time.
PWI Foundation’s annual operating budget is supported by the fees we receive from managing the assets of Donor Advised Funds. Supporting fees cover the costs of the Foundation’s core services, including philanthropic advising, grantmaking, gift and grant processing, investment and charitable asset management, planned giving services, new fund development, civic leadership activities, communications and non-profit capacity building. Subject to change, supporting fees are calculated as follows:
Please note: the minimum annual fee for money that is not immediately distributed is $500/year.
Funds invested in several of our funds incur costs related to third-party investment management and consulting and bank custodian servicers. PWI Foundation’s investment fee is a blended rated based on the asset values and current fees charged by our underlying investment managers and custodians; returns are net of those fees.
ROLE OF ADVISORS
Donors establishing an advised fund may designate any person over 18 years of age to be an advisor on the fund. A fund can have more than one fund advisor. If a fund is advised jointly, upon the death of one fund advisor, the remaining fund advisor(s) retains the privileges associated with the fund.
The donor and any fund advisor may designate any person to be a successor advisor to exercise the privileges and duties of a fund advisor. Successor advisors may assume the privilege to advise the fund only after the deaths or resignations of all initial fund advisors named on the fund. The successor advisor(s) may be required to provide written notification and sufficient proof of the donor’s or fund advisor’s death prior to assuming the privileges and duties of a fund advisor. Successor advisors may appoint further successors. If the successor advisor is a minor, PWI Foundation’s Board of Trustees reserves the right to require that grant recommendations be made by the minor’s legal guardian.
All requests to modify advisor appointments or appoint additional advisors and successor advisors to a fund must be communicated to PWI Foundation in writing. In addition, a written acknowledgement must be received from PWI Foundation confirming that the request has been granted. If PWI Foundation has not received the name(s) of an additional advisor(s) or successor advisor(s) to the fund, or other special instructions,in writing, PWI Foundation will use the fund’s balance to support PWI Foundation’s ongoing internal growth and management.
The following Fund Advisory Privileges and Fund Relationship Definitions further explain the role of advisors and other interested parties to funds at PWI Foundation. These terms correlate to the Fund Agreement forms and will determine the fund’s contacts and advisors.
FUND RELATIONSHIP AND FUND ADVISORY PRIVILEGES DEFINITIONS:
Primary Contact: One person per fund who should be contacted first for anything concerning the fund. This individual may or may not have fund advisory privileges.
Fund Advisor: Individual has full advisory privileges over a fund, including grant recommendations, investment recommendations, naming the fund and appointment of other fund advisors and successor advisors. (This is the highest level of authority.)
Secondary Advisor: Individual also has full advisory privileges over grant recommendations but has no other fund administration advisory privileges. (This is an intermediate level of authority.)
Fund Representative: Individual has access to fund information but no fund advisory privileges. (This is the lowest level of authority.)
Successor Advisor: The second generation fund advisor; he or she has no advisory privileges until the cessation to act of all initial fund advisors. (Primarily for donor advised funds, committee advised funds and scholarship funds.)
PAYMENTS FROM AN ADVISED FUND
PWI Foundation does not permit expense reimbursements, loans, compensation or other similar payments from an advised fund to any donor, fund advisor or related party. All expenses must be paid by PWI Foundation directly after appropriate review of the expenses and their payees, and all expenditures must be pre-approved by PWI Foundation prior to being incurred. The expense submitted for review must be charitable in nature or support a charitable purpose.
PWI Foundation may consider permitting a fund to raise money. All fundraising activities must be pre-approved by the PWI Foundation. Fund advisors must allow at least 30 days for approval. Use of PWI Foundation’s name on any fundraising material is expressly prohibited without prior written approval by PWI Foundation. PWI Foundation cannot reimburse the donor, fund advisor or related parties for expenses related to fundraising activities. All contributions raised in support of the fund must be made payable to PWI Foundation with the specified name of the fund in the memo line. PWI Foundation is not responsible for the success of fundraising activities.
As required by law, all assets contributed to funds become irrevocable gifts to the PWI Foundation, and legal control and responsibility for the funds rest with the PWI Foundation. All funds established at PWI Foundation are subject toPWI Foundation’s variance power, subject to individual limitations, as set forth in PWI Foundation’s bylaws. Variance power gives PWI Foundation the authority to modify any restriction or condition on the distribution of funds for any specified charitable purposes or to specified organizations if, in the sole judgment of PWI Foundation’s Board, such restriction or condition becomes unnecessary, incapable of fulfillment or inconsistent with the charitable needs of the community served.
Designated funds can only be established for the benefit of one qualified public benefit organization. If that organization ceases to exist or dramatically changes its charitable purpose, PWI Foundation will use its variance power to find, if reasonably possible, a similar organization that matches the donor’s general intent. Should the donor request that the organization be changed, all remaining assets will be granted to the original organization and a new fund must be established.
PWI Foundation does not require a fund to receive contributions into it nor to make distributions from the fund every year. However, if a fund advisor is no longer willing or able to advise the fund’s distribution, and no successor advisor is named, PWI Foundation’s Board will assume responsibility for grantmaking.
Dormant Fund Policy
The PWI Foundation annually reviews all of its donor advised funds for inactivity. An inactive donor advised fund is defined as a fund in which there is an absence of contributions to the fund or grant awards issued from the fund for a period of three years.
After a three year period of inactivity, PWI Foundation staff will contact the donor advisors and/or successor advisors (via letter, email and/or telephone) to educate them on how to make grant recommendations through the PWI Foundation. If there is no response from the donor advisors to PWI Foundation’s outreach, and there has been five years of inactivity, PWI Foundation will begin to initiate grants from the inactive funds. If the fund balance is equal to or in excess of the minimum fund size (currently $25,000), then the Board-approved spending policy for the year in question will be applied to the fund balance and grants will be issued in support of PWI Foundation’s grant making. If the value of the fund is less than the current minimum fund size, then the fund will be terminated and the remaining balance will become available for PWI Foundation grantmaking. After seven years of inactivity, the entire balance of the fund will become available for PWI Foundation grant making as directed by PWI Foundation’s Board.
If a donor or successor advisor chooses to become involved in the activity of the fund, then the privilege to advise on the fund reverts back to them, as long as the fund was not fully liquidated. The three year rule for inactivity would resume from the last time of activity in the fund.
CLOSING A FUND
A fund advisor may recommend closing a fund by granting up to 100% of the fund balance to a qualified charitable organization, including any of PWI Foundation’s funds (e.g., field of interest funds,endowment funds, operating funds). Such recommendations must be received in writing, and, if approved, funds will be disbursed in accordance with PWI Foundation’s current grantmaking policies and applicable laws and regulations. Closing a fund by recommending a grant to another qualified charitable organization that is approved will occur as follows: 80% of the current balance will be granted within 10 business days of the request date, barring any issues with the organization’s status as a qualified public charity or equivalent. The remaining balance of the fund, including any residual net earnings, will be granted within the following 45 days. Endowed funds are permanent and may not be closed.
CONFLICT OF TERMS
In the event of an inconsistency between these terms and conditions and any terms and conditions appearing elsewhere in connection with any fund, these terms and conditions, as interpreted by PWI Foundation, shall govern, and PWI Foundation reserves the right to take any actions at any time which, in its discretion, it deems reasonably necessary or desirable for the proper administration of any fund at PWI Foundation or to comply with applicable law.
FREQUENTLY ASKED QUESTIONS
What is a donor advised fund?
A donor advised fund is not a separate legal entity like a trust or a corporation. It is a fund defined by the IRS that a sponsoring charity, like PWI Foundation, creates through a written agreement with a donor. The donor contributes assets to the PWI Foundation, and the PWI Foundation agrees to treat those assets as a separate fund on its books. The donor retains the privilege of recommending charitable grants from the fund and the way in which PWI Foundation should invest the fund’s assets.
Who owns the assets once the gift is made and the fund is opened?
The law requires PWI Foundation to make clear in the agreement, and to obtain the donor’s written acknowledgement, that the assets in a donor advised fund are the property of PWI Foundation and that PWI Foundation has discretion and control over the use and investment of the donor advised fund’s assets.
In order for a donor to take advantage of the tax benefits that flow from a charitable gift, the gift has to be complete—that is, the donor has to part with control over the donated assets. The appearance of donor control could put the donor’s tax deduction in jeopardy. Therefore, fund advisors cannot make pledges on behalf of the fund and can only make non-binding recommendations about grants; they cannot control when and how PWI Foundation will make grants nor control decisions about which grantees will receive funding.
What are the limits on donor benefits in connection with donor advised fund grants?
Donors, fund advisors and related parties (such as family members or business interests) may receive only “incidental” benefits from a grant or investment of a donor advised fund. If a donor, fund advisor or related party receives more than an incidental benefit in connection with a donor advised grant, the IRS can assess a penalty of 125% of the amount of the improper benefit. The penalty may be assessed against either the person who recommended the grant or the person who received the benefit. (There is a separate penalty if a donor, fund advisor or related party receives a direct distribution from the donor advised fund, such as compensation or an expense reimbursement.)
ADDITIONAL GENERAL TERMS AND CONDITIONS
PWI RESERVATION OF RIGHTS
PWI retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time).
Employees of PWI and our affiliates are permitted to participate in their personal capacity (i.e., not as PWI employees, representatives, or agents of PWI or our affiliates) in the transactions conducted through this Site (unless they have confidential information about a particular item). Employees of PWI and our affiliates, when participating in any transaction in their personal capacity, are subject to this Participation Agreement and the same procedures and guidelines contained as any Buyer or Seller on this Site.
Your password may be used only to access the Site, use the Services, electronically sign Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password.
INDEMNITY/LIMITATION OF LIABILITY
a. YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS PWI AND EACH OF OUR AFFILIATES (AND OUR 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 OUT OF 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.
b. PWI WILL 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, in our sole discretion, may terminate this Participation Agreement, access to the Site or the Services, your profile on the site, or any current fixed price sales immediately without notice for any reason. If at any point your profile is canceled, you will be immediately responsible for, and will be billed for, the remainder of the annual cost of your subscription. PWI is not obligated to provide a refund under any circumstances.
If any provision of this Participation Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
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: (A) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (B) 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); (C) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; (D) ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY; (E) ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT; AND (F) 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.
Notwithstanding any terms to the contrary in these Terms, Project World Impact may choose to electronically deliver all communications with you, which may include: (a) email to your email address indicated in your communications with Project World Impact or upon registration with the Site; or (b) posting messages that are displayed to you when you log in to or access the Site. Project World Impact' 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 Project World Impact, 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.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that anything on the Site infringes upon any copyright which you own or control, 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 law, Project World Impact has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Project World Impact, account holders who are deemed to be repeat infringers. Project World Impact 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 will be governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State of Illinois, 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 Dupage County, Illinois. 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 effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
ALTERNATIVE DISPUTE RESOLUTION
Any dispute relating in any way to the Terms and Conditions or use of any product or service from PWI, may be resolved by binding arbitration rather than in court. The Federal Arbitration Act and federal arbitration law and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Wagenmaker & Oberly, LLC. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in DuPage County, IL or at another mutually agreed location.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
If you believe there is a violation of these Terms and you would like to report it to us, please direct the information to email@example.com. 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.
COMMUNICATION WITH US
Although we encourage you to contact us, we do not want you to, and you should not, send us any content that contains confidential information. With respect to all communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without any payment or obligation to you.
PROFILE CANCELLATION, UPGRADE, OR DOWNGRADE
You may change (delete, upgrade, or downgrade) your Project World Impact profile and subscription level any time by visiting Your Account Dashboard. If you delete your account, you will be responsible for, and will be billed for, the remainder of your annual fee. PWI is not obligated to provide refunds under any circumstances. If, at any time, you ‘downgrade’ your subscription to a lower level, you will still be responsible for the remainder of the annual fee at the original level—there will be no credit to your account. If, at any time, you ‘upgrade’ your subscription you will be pro-rated for the remainder of the year at the higher subscription level.
Your monthly subscription will be automatically renewed. Notification of the payments will be communicated to you via email - to the administrative email address you have provided. If you fail to cancel the renewal, for any reason, PWI will not be obligated to provide a refund under any circumstance.
Your annual subscription will be automatically renewed. Notification of the renewal will be communicated to you via email - to the administrative email address you have provided more than 14 days before it becomes effective. If you fail to cancel the renewal, for any reason, PWI will not be obligated to provide a refund under any circumstance.
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