World Connect uses Threadless to process orders for World Connect merchandise. Therefore, purchases may also be governed by Threadless' terms and conditions (https://www.threadless.com/info/terms/) and privacy policies (https://www.threadless.com/info/privacy/).
2. Use of Credit Card. If you wish to make a donation through the Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number and associated security code, the expiration date of your credit card, your billing address, and your shipping information. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
3. Site Content. This Site (including any software and files located thereon), the computers hosting this Site, and content provided on this Site, including the text, music and sound, graphics, images, photographs, audio and video, footage, animations, podcasts, analyses, studies, reports, and downloads available thereon (all such content collectively, the "Content") are the exclusive property of World Connect or are licensed to World Connect, and are protected by law, including United States copyright, database, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this Agreement, World Connect does not grant any express or implied rights to you. The Contents are © 2019, World Connect. All rights reserved. World Connect also owns copyright rights in the Site as a collective work and/or compilation and in any and all databases accessible on or through the Site. Unless otherwise noted, WORLD CONNECT and other brands featured on the Site constitute World Connect's trademarks. You agree not to directly or indirectly attempt to register, challenge, or contest the validity or World Connect's ownership of, such copyrights, trademarks or any other World Connect intellectual property, or assist any third party in doing so. The Site may also include the product, service and company names, as well as logos, of third parties. Such third-party designations are the trade/service marks of their respective owners, and may not be used without the prior written permission of their respective owners.
4. Account Registration. For some areas of the Site, you may have to complete a registration process or create a profile to use the Services. In that case, you will be responsible for providing and maintaining current your accurate contact information. You will be the sole authorized user of your user account, and are responsible for maintaining the confidentiality of any password and account number or other identifier provided by you or World Connect for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. World Connect has no control over the use of your or any user's account and expressly disclaims any liability derived there from.
5. Grant of License. World Connect grants to you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with this Agreement. Limited portions of the Content available in the public areas of the Site may be accessed, printed and downloaded on an occasional basis for non-commercial purposes, provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such content and information and/or appropriate attribution to World Connect in a form and manner acceptable to us. You may not use Content in any manner that suggests the endorsement or association of any third-party entity, person, product, or service by World Connect unless express written permission has been given by World Connect in advance. You may not under any circumstances copy, print, or download in any medium all or substantially all of the Content. Unless and except as otherwise expressly permitted by this Agreement, you may not access, copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, "deep link," "scrape," data mine, or otherwise use any Content, information, or material obtained from or through this Site without express written permission from World Connect. You may not remove any copyright notices or other notices of intellectual property rights from the Site or any Content available on or through the Site. Any unauthorized use of this Site or the Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
6. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although World Connect has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, World Connect is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. World Connect shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
7. Links to Other Sites. World Connect may describe, reference, or provide links, in its sole discretion, to other information or products or sites on the Internet for your convenience in locating related information and services. Any descriptions of, references to, or links to other products, publications or services does not imply endorsements of any kind, unless expressly stated by World Connect. Any such information, products or sites have not necessarily been reviewed by World Connect and are provided or maintained by third parties over which World Connect exercises no control. In addition, to the extent that they were reviewed by World Connect, World Connect undertakes no responsibility for continually monitoring such sites; the material at a site when World Connect viewed it may differ materially than when you do. Accordingly, World Connect expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites.
You may not create a link from your web site or any other Internet location to the Site without express written permission of World Connect. Deep linking to internal pages of the Site is expressly prohibited.
8. Events beyond World Connect's Control. You expressly absolve and release World Connect, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its or their control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.
9. Enforcing Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, World Connect reserves the right to view, monitor, and record activity on the Site without express written notice or further permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. World Connect will also comply with all court orders involving requests for such information.
10. Submissions. World Connect welcomes your feedback and suggestions about how to improve this Site, as well as other comments related to this Site and any Services offered in connection with this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "Submissions") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for World Connect to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. World Connect may, but will not be obligated to use, and/or provide any author attributions related to, any Submissions.
You agree that the Submissions will not constitute or be comprised of any material that is unlawful or prohibited by this Agreement. World Connect reserves the right, but is not obligated, to monitor your public Submissions and remove any public Submissions that World Connect considers, in its sole discretion, to constitute misuse of these rules. World Connect may restrict, suspend, or terminate your use of the Site or the Services where, in World Connect's sole discretion, it believes that there may have been such misuse. The following examples illustrate misuse of the Site: (a) claiming a relationship with or speaking for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to World Connect); (b) providing false or misleading personal information or email addresses, or impersonating any other person or entity; (c) harming minors in any way; (d) harassing another person; (e) unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially, or otherwise objectionable Submissions; (f) infringing any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (g) unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes."
The list above only serves to provide examples and is not meant to be an exhaustive list of the types of unacceptable uses of the Site that may result in the restriction, suspension, or termination of your use of the Site or the Services.
12. DISCLAIMERS. World Connect PROVIDES THIS SITE AND THE CONTENT ON AN "AS IS" BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. World Connect MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, USEFULNESS or FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE AND THE CONTENT ON THE SITE. FURTHER, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. AS STATED HEREIN, World Connect MAY MAKE MODIFICATIONS AND/OR CHANGES TO THIS SITE OR THE CONTENT, MATERIALS, AND SERVICES DESCRIBED ON THIS SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE AND THE CONTENT OFFERED ON THE SITE.
UNDER NO CIRCUMSTANCES WILL World Connect BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THIS AGREEMENT, YOUR ACCESS OR USE OF THIS SITE, the services OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT, OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF World Connect HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
WORLD CONNECT's LIABILITY TO YOU FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR ACCESS OR USE OF THIS SITE, the services OR THE CONTENT ON THE SITE (FOR ANY CAUSE OF ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY ($50) DOLLARS OR THE AMOUNTS YOU PAID TO World Connect FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE, the CONTENT AND THE SERVICES IS AT YOUR SOLE RISK AND IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT ON THE SITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
14. Term and Termination. World Connect may immediately terminate this Agreement or immediately suspend or terminate your access to the Site, the Content or the Services at World Connect's discretion with or without notice at any time. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 6 (Assumption of Risk), 8 (Events Beyond World Connect's Control), 12 (Disclaimers), 13 (Indemnity), 14 (Term and Termination), 16 (Arbitration; Waiver of Class Action) and 17 (Force Majeure).
15. Governing Law and Forum. This Agreement shall be governed by the laws of New York, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be New York. You agree to submit to the jurisdiction of the state and federal courts in New York for the purposes of any judicial proceedings relating to or arising from this Agreement.
16. Arbitration; Waiver of Class Action. While World Connect makes every reasonable effort to resolve any disagreements you may have with us, if these efforts fail you and we agree that all claims, disputes or controversies arising out of or relating to this Agreement or your use of the Site or Services are subject to binding arbitration. This includes claims based on contract, tort (including intentional tort), fraud, agency, your or World Connect's negligence, statutory or regulatory provisions, or any other sources of law; claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and claims made independently or with other claims. As used in this arbitration agreement, World Connect includes its parent, subsidiaries, divisions, or affiliates and their respective officers, directors, employees, agents, or successors. Notwithstanding the above, we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
YOU AND WORLD CONNECT ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR WORLD CONNECT'S INDIVIDUAL CAPACITY AND IN SO DOING YOU AND WORLD CONNECT HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, TO ASSERT OR PARTICIPATE IN A PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. HOWEVER, World Connect WILL NOT INVOKE ITS RIGHT TO ARBITRATE ANY INDIVIDUAL CLAIM THAT YOU BRING IN SMALL CLAIMS COURT, AS LONG AS IT IS BROUGHT AND MAINTAINED AS AN INDIVIDUAL CLAIM.
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules and Supplemental Procedures for Consumer-Related Disputes in effect on the date the arbitration is filed ("AAA Rules"). The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. Any arbitration hearing that you attend will be held at a place chosen by the AAA in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. A single, neutral arbitrator will resolve claims. The arbitrator will be either a lawyer with at least ten (10) years experience or a retired or former judge, selected in accordance with the AAA rules. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. The payment of administrative and arbitrator's fees will be governed by the AAA's rules. The arbitrator's award is final and binding on the parties. Any claim you have must be commenced within one (1) year after the claim arises.
17. Force Majeure. World Connect shall be relieved of its obligation to perform this Agreement to the extent that the performance is prevented by your failure to perform this Agreement, fire, weather conditions, industrial dispute, labor disturbance, or any other cause beyond World Connect's reasonable control.
18. Waiver. Failure to insist on strict performance of any of the provisions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by World Connect of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
19. Nature of Relationship/Severability. No joint venture, partnership, employment, agency or other relationship exists between you and World Connect as a result of this Agreement or your use of this Site. If any provision of this Agreement (including any change, modification, or update made pursuant to this Agreement) is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
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