PWI Terms and Conditions & Privacy Policy
Privacy Policy
We recognize the importance of protecting the privacy of personal information about our customers. Personal information includes all of the personally identifying information that is provided to us. We are sensitive to these privacy interests and believe that protecting valuable personal/financial information is one of our most significant responsibilities.
The policies outlined below describe our policies to protect your privacy.
Use, Collection and Retention of Client Information
We collect, retain and use only the information about our customers that is required by law to administer our business and provide high level services to our clients. We retain this information no longer than necessary to meet these objectives. All transmitted credit card information is handled securely through digitally encrypted Secure Socket Layers (SSL) technology.
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
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Email address
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First name and last name
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Address, State, Province, ZIP/Postal code, City
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Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
Project World Impact allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
You may also have the option of sharing additional information with Project World Impact through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving Project World Impact permission to use, share, and store it in a manner consistent with this Privacy Policy.
Removing Personal Data
An individual has the right to erasure, also known as 'the right to be forgotten'. The principle underpinning this
right is to enable an individual to request the deletion or removal of personal data where there is no compelling
reason for its continued processing. To request deletion of your data, please email nonprofit@projectworldimpact.com.
Mobile Data/Text2Give Data
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with third parties.
Spam Policy
Spam is flooding the Internet with many copies of the same message, in an attempt to force the message on people who would not otherwise choose to receive it. Email spam targets individual users with direct mail messages and costs the sender very little to send. Most of the costs are paid for by the recipient or the carriers rather than by the sender. We don't condone the use of spam and the sending of unsolicited email in any form, nor do we control other website involvement and/or practices in this area.
Project World Impact Terms & Conditions
Last modified 03/25/2022
Welcome to ProjectWorldImpact.com. Project World Impact, LLC (“Project World Impact”, “projectworldimpact.com”, “PWI,” “PWI Nonprofit App”, “PWI App”, “PWI Hub”, “PWI Nonprofit Hub”, “Project World Impact”, “we”, “our”, or “us”) maintains this website for your information, and education. Please browse and enjoy projectworldimpact.com (the "Site" or “site”). We provide our content, products, and Services to you (“you”, “your”, “the user”, “user,”, “General Users”, “Registered Users”, “Registered Nonprofit Users”, “Nonprofits”, “Charity”, “Charities”, or “Sellers”, “Seller”, “Buyers”, “Buyer”, “Consumer”, or “Consumers”) on this Site subject to the following terms and conditions (the "Terms," the “Agreement,” or the “Participation Agreement”). By using the Site, and any service, application, plug-in, component, functionality, or program created by Project World Impact, 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@projectworldimpact.com.
PWI FOUNDATION
PWI Foundation is a not-for-profit corporation, tax-exempt as a public charity under Section 501(c)(3) of the Internal Revenue Code. Visitors to projectworldimpact.com have the option of donating directly to individual organizations on the site, or can donate to a cause or country on the site. When visitors donate to a cause or country, the money goes directly to the PWI Foundation. PWI Foundation’s independent board identifies specific projects that advance these causes and distributes the funds to the qualified organizations that are best positioned to accomplish the charitable objectives. The grant recipients are selected at the discretion of the Foundation and reported on the site. Unless specifically indicated, PWI or PWI Foundation do not take any percentage of these donations. Donations are still subject to the standard credit card processing rate of the organization. Registration on projectworldimpact.com gives PWI Foundation and PWI the right to solicit funds in your organization's name on behalf of your organization through projectworldimpact.com. PWI Foundation is approved to accept and administer Donor Advised Funds. Specific Terms related to Donor Advised Funds can be found under the heading of “DONOR ADVISED FUNDS AS COMPONENT OF THE PWI FOUNDATION” in this document.
TERMS AND CONDITIONS
This site and it’s products are intended to be visited by people living in the USA only, if you are currently outside of the USA we ask that you do not use the site. 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.
We provide General Users, Registered Users, and Registered Nonprofit Users with access to the Services as described in this Agreement.
a. General Users: General Users, as the term implies, are people in the general public who don’t register with us, but want to visit the site. No login is required for General Users. General Users can: (a) view all publicly available content, including, without limitation, the Project World Impact site; and (b) email us.
b. Registered Users: Registration and login is required for all users who want to (a) make profiles on the site; (b) donate to nonprofit organizations; (c) purchase products; (d) sign up to volunteer with nonprofits; (e) contribute to crowdfunding campaigns; (f) leave reviews of nonprofits, fair trade, or cause related goods users on the site; (g) or use any PWI Products.
c. Registered Nonprofit Users: Login is required for all Registered Nonprofit Users who can (a) make profiles for their Nonprofit Organization; (b) receive donations; (c) create crowdfunding projects; (d) post volunteer opportunities; and (d) use the PWI Products that correlate with your subscription level. All Registered Nonprofit Users must be US-based, tax-exempt organizations recognized by the IRS under Section 501()(3) of the Internal Revenue Code. Specific International nonprofits may be allowed on the website given they have provided the correct documentation and have written approval from the PWI team to join the site.
As stated in other parts of these Terms and conditions, PWI reserves the right to refuse to accept Nonprofit Organizations that are not consistent with our mission. In general, we will not include Registered Nonprofit Users on the site who are:
- Schools
- Hospitals
- Churches, synagogues, mosques, or places of worship, unless they have a division completely focused on cause-related work, such as a food pantry, clothing drives, etc.
- Unions
- Retirement homes
- Sports clubs
- Firehouses
- Organizations whose purpose is primarily political or partisan in nature i.e. nonprofits who advocate for political causes, candidates, or parties.
In addition, Project World Impact may deactivate any account at any time, including, without limitation, if it determines that a Registered User or Registered Nonprofit User has violated this Agreement or does not meet the standards we have set for organizations to be featured on the site. This site and its components and content are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
Your use of the Third-Party Applications is governed by this Agreement and any terms of use of such third parties.
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 and the PWI products. Your continued use of the Site or the PWI Products 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@projectworldimpact.com.
YOUR REGISTRATION OBLIGATIONS
To obtain and use the Site, you will be required to register with Project World Impact by completing a registration form and designating an email address 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.
- You must be located in the USA.
- You must be 18 years of age or older to register on Project World Impact. If you are under 18, you may use PWI services only with the involvement of a parent or legal guardian.
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 Project World Impact of any unauthorized use of your user ID or password or any other breach of security. Project World Impact cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
COPYRIGHTS
All content on the Site and/or on emails distributed to you from Project World Impact, including text, graphics, logos, button icons, images, videos, pictures, and recordings and the selection and arrangement of such content is the exclusive property of Project World Impact or our licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
If you do post or send Content to Project World Impact (including text, graphics, logos, icons, images, videos, pictures, and recordings), and unless we indicate otherwise, you grant Project World Impact and PWI Foundation a non exclusive, 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 Project World Impact and sublicensees the right to use the name that you submit, along with any assumed names, 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. Project World Impact 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 Project World Impact.
Content posted by Users and other non-Project World Impact contributors are not reviewed by Project World Impact. Project World Impact 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.
TRADEMARKS
The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on this Site and/or on emails sent to you are the registered and unregistered Trademarks of Project World Impact and of Project World Impact's licensors. Your use of the Trademarks displayed on this Site, except as provided in these Terms, is strictly prohibited. Even if not specifically noted, Project World Impact has Trademarked “PWI” and “E2B2” and those terms cannot be used by others without specifically referencing the Project World Impact Trademark.
COMMUNITY GUIDELINES
All the reviews posted here are individual, subjective opinions. The opinions expressed are those of Project World Impact users and not of Project World Impact. We do not endorse, nor are we affiliated with any nonprofit, fair trade, or cause related goods users listed or reviewed on this Site. Project World Impact reserves the right to remove user Content 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.
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; or
- Use the Site in violation of the Terms of Service or any applicable law.
- Falsify the information that is portrayed on your profile
Enforcement of the user Content or conduct rules set forth in these Terms is solely at Project World Impact 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.
USE OF SITE
You may use or download material displayed on this Site for non commercial, 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 Project World Impact' 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 website 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. Projectworldimpact.com reserves the right to refuse service, and terminate accounts if we believe that your conduct violates these Terms.
MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. PWI may also stop providing Services to you, or add or create new limits to our Services at any time. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
AGREEMENT CHANGES
We may in our discretion change these Terms without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED REGISTRATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR REGISTRATION.
DONATIONS
Project World Impact provides a platform for Registered Nonprofit Users to receive donations from Registered Users on the site. Although there may be normal credit card fees, Project World Impact does not take a percentage of these donations, unless stated otherwise. Additionally, all Registered Nonprofit Users have the sole responsibility for distributing written acknowledgement to Registered Users who have donated funds to them through the PWI site.
If a nonprofit does not activate its payment gateway on projectworldimpact.com, any donations that nonprofit receives through the site or any PWI product will be sent to the PWI Foundation and fees will be applied. Project World Impact takes zero percentage of these donations, unless stated otherwise. Donations are subject to the standard credit card processing rate.
CONTRIBUTORS
Contributors are solely responsible for asking questions and investigating Nonprofits, all Users and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. Project World Impact does not guarantee that Contributions will be used as promised, that all Users will deliver Perks, or that the Campaign will achieve its goals. Project World Impact does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be canceled.
By use of PWI products, all Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). All 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 the Crowdfunding Services and our related marketing and promotional activities. All Users also agree to allow their “User Content” to be used by any other nonprofit on the PWI site, while they are a part of the PWI site. 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.
PWI PRODUCTS
Registered Nonprofit Users voluntarily choose to subscribe to the projectworldimpact.com site.
a. Registered Nonprofit Users agree to commit at one of the available annual subscription levels, which are billed monthly or annually, depending on the plan purchased. Subscriptions, Premium Services, any additional payments are not refundable under any circumstances. In order for Pro Plan Nonprofits to be eligible for money back, they must complete all of the steps necessary to have been met which are outlined on our “Money Back” page (https://projectworldimpact.com/downloads/subscription/MoneyBack.pdf).
b. The PWI products and services available to Registered Nonprofits Users depends on the subscription level chosen by the Nonprofit. The subscription levels and related products and services are described on the “Pricing” page of projectworldimpact.com (https://projectworldimpact.com/pricing). PWI reserves the right from time to time to offer special promotions relative to annual subscription charges and/or products and services available.
c. The prices, subscription levels, products, services, and features available to nonprofits on the site may be changed, added to, and/or subtracted from at any time. If changes are made, Registered Nonprofit Users agree to the new or revised prices, subscription levels, products, services, and features at the end of their current annual subscription.
d. PWI has a variety of products and services available to Registered Nonprofit Users and Registered Users. In addition to the Terms listed throughout this document, the following are specific Terms and Conditions for specific PWI products and services:
All PWI Products and Services
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.
PWI Charity CRM
Project World Impact provides a contact management system that allows nonprofits to track contacts, potential donors, new leads and more. Charity CRM users grant Project World Impact and PWI Foundation 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 contacts connected to the Charity CRM for any and all of our related marketing and promotional activities. Registered Nonprofits continue to hold all ownership interest in their User Content. Each Registered Nonprofit 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.
PWI Text2Give
Project World Impact provides a way for nonprofits to utilize text-to-give features. All texting rates and fees may apply. Refer to the donations section above for more information.
PWI Crowdfund, PWI GroupGive, and Other funding platforms
Project World Impact provides funding platforms (such as PWI Crowdfund (“Crowdfund”), PWI GroupGive (“GroupGive”), and other funding platforms) for Registered Nonprofit Users (or “Campaign Owners”) seeking to raise funds for their own Campaigns and for Users (or “Contributors”) to contribute to the Campaigns of other Registered Users who are supporting the Nonprofit.
Campaign Owners can offer gifts or rewards in the form of tangible items or intangible services (collectively, "Perks") to Contributors. Perks are not offered for sale.
Campaign Owners are not permitted to offer or provide any of the following as a Perk:
- any form of "security" (as such term is defined in the Securities Act of 1933);
- any form of financial incentive or participation in any profit sharing;
- any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
- any controlled substance or drug paraphernalia;
- any weapons, ammunition and related accessories;
- any form of lottery or gambling;
- any form of air transportation; or
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person's rights if distributed.
Contributors are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. Project World Impact does not guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. Project World Impact does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign
Project World Impact does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be canceled.
While using the PWI Crowdfunding Services, Campaign Owners may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Campaign Owners 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 the Crowdfunding Services and our related marketing and promotional activities. Campaign Owners 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.
Shoutout
Nonprofit Users can send PWI suggested social media posts, where PWI will post about a nonprofit, cause, or country on PWIs social media platforms. PWI reserves the right to deny, alter, or schedule the post at PWIs discretion and/or in consideration of the “Community Guidelines” stated in these Terms.
PWI Fund
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:
- are listed on the PWI Site
- are listed on PWI Fund
- are qualified under Section 501(c)(3) of the U.S. Internal Revenue Service Code;
- are public charitable organizations and not private foundations;
- are not supporting organizations, unless identified specifically as Type I, Type II, or functionally integrated Type III supporting organizations (as defined in the U.S. IRS Code);
- are headquartered in the United States (the 50 States and the District of Columbia);
- are in good standing in their state of incorporation and in the states where they are authorized to do business;
- do not engage in, support, encourage, or promote:
- intolerance, discrimination or discriminatory practices based on race, sex, religion, nationality,
- disability, sexual orientation, or age;
- hate, terrorism, or violence;
- money laundering;
- other illegal, deceptive, or misleading activities; and
- are otherwise not in violation of the terms of this Participation Agreement.
PWI will make Distributions to a Register Nonprofit User resulting from browsing on the internet or “Qualifying Purchases”. Subject to the exclusions set forth below, a "Qualifying Purchase" occurs when a customer places an order for a Product from an online site that participates with PWI Fund; and the Product is shipped to or streamed or downloaded by, and paid for by, the customer; and the online site sends money to PWI.
A "Product" is any item sold to someone from an online site that participates in PWI Fund, who has downloaded the PWI Fund extension onto their Browser.
Qualifying Purchases exclude, and you will not be eligible for disbursements in connection with any of, the following:
- recurring Subscribe-and-Save purchases and subscription renewals;
- any Product purchased after termination of this Participation Agreement or purchased in connection with a violation of this Participation Agreement; or
- any Product order that is canceled or returned.
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.
Distributions for each calendar quarter will be made approximately 45 days following the end of that quarter. To account for Product returns that are made after the end of a calendar quarter, we reserve the right in our sole discretion to withhold a portion of your quarterly Distributions for disbursement during the next donation cycle, subject to any reduction due to returns or cancellations from prior quarters. If we determine we have made an overpayment in Distributions to a Registered Nonprofit User as a result of returns not offset by Distributions held back to account for returns, or if we determine that a Registered Nonprofit User received Distributions to which they were not entitled as a result of their actions or omissions (for example, if incomplete or false registration information was provided or otherwise violated this Participation Agreement), we reserve the right, in our sole discretion, to (a) deduct the amount of the overpayment from any donation amount that is due to you in subsequent donation cycles, and/or (b) notify you and request reimbursement for any amounts incorrectly paid to you, in which case you hereby agree to reimburse us for such over-payments promptly and in any event within 30 days of such request. You acknowledge and agree that we are under no obligation to provide you with a report of Qualifying Purchases or Distributions attributed or earned.
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.
When making Distributions to Registered Nonprofit Users, we will either directly deposit the Distributions into a designated U.S. bank account or send a check via U.S. mail. We reserve the right to accrue and withhold Distributions for any Registered Nonprofit User until the total dollars made for that organization is at least $25.00, at which point the accrued and withheld total Distributions will be paid in full during the next quarterly donation cycle. If a total of $25.00 has not accrued by the following quarter, the distributions roll over into the next quarter. After 1 year of not achieving the $25.00 benchmark, the money will be reallocated and disbursed to organization(s) qualified as Registered Nonprofit Users.
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.
- Certain product categories will receive a different percentage at various times and durations due to retailer campaigns and offers. PWI reserves the right to change the percentages at any time. Although not PWIs intent, PWI reserves the right to reduce the rate for certain categories to zero percentage.
- Purchases are only included if tracked via the PWI Extension, Web App, iPhone App, or Android App.
- Money will be distributed quarterly to nonprofits once a minimum threshold of $25 is reached for each nonprofit within a 12 month period.
- PWI is eligible to keep up to 5% of the funds received related to PWI Shopping to help cover additional fees incurred from project management and associated fees.
- If a Registered User selects a specific country or cause, rather than a Registered Nonprofit User, the money will be distributed to the PWI Foundation.
Google Grant
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
PWI Convene
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.
PWI Events
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
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.
PWI Foundation
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.
Supporting Fees
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:
- 75 basis points on funds up to $1 million
- 50 basis points on funds between $1 million and $5 million
- Contact PWI Foundation regarding funds above $5 million
Please note: the minimum annual fee for money that is not immediately distributed is $500/year.
Investment Fees
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.
SUCCESSOR ADVISORS
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.
FUNDRAISING POLICY
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.
VARIANCE POWER
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
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.
FUND INACTIVITY
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).
PWI PARTICIPATION
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.
PASSWORD SECURITY
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.
ILLEGAL ACTIVITY
- The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and PWI will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
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- PWI also reserves the right to report any activity that either of them suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect PWI's systems and customers, or to ensure the integrity and operation of PWI's business and systems, PWI may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
- You will not, and will cause your affiliates not to, directly or indirectly disclose, convey or use any order information or other data or information acquired by you or your affiliates from PWI or our affiliates (or otherwise) as a result of the Participation Agreement, the transactions contemplated hereby or the parties' performance hereunder (collectively, "PWI Transaction Information"), except you may disclose this information as necessary for you to perform your obligations under this Participation Agreement, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information. The terms of this agreement do not prevent you from using other information that you obtain separately from the PWI Transaction Information, even if such information is identical to PWI Transaction Information, provided that you do not target communications on the basis of the intended recipient being an projectworldimpact.com user.
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.
TERMINATION
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.
SEVERABILITY
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.
ELECTRONIC COMMUNICATIONS
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 nonprofit@projectworldimpact.com with “Copyright Infringement”as the subject line.
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, 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.
MISCELLANEOUS
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.
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 nonprofit@projectworldimpact.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.