Terms of Use

 

Effective Date: June 2017, Last Revised: July 2018


Welcome to Techies Without Borders, a Pennsylvania based non-profit public benefit corporation (together with its affiliates, officers, directors, agents, employees, and representatives, collectively "TWB"). This Terms of Use ("Terms of Use" or "Agreement") is a contract between you ("you") and TWB and governs your access and use of the techieswithoutborders.us website and all other websites owned and operated by TWB that have this Agreement posted (collectively, the "Site"), including, but not limited to, all transactions conducted on the Site and all TWB services provided in connection with the Site (together with the Site, the "Service"). By accessing or using the Service, you signify that you have read all of the terms and conditions in, and linked to, this Agreement (including the Privacy Policy). By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE.


SUMMARY OF SERVICE

TWB is a platform which enables professors, graduate students, physicians, financial consultants, and others ("Users") to harness experiences, connections, skills, technology, and resources for education, healthcare and human rights ("Profiles"). Through the Service, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, other materials and information, and associated trademarks and copyrightable works (collectively, "Content"). Users of the Service may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content ("User Submissions").


ACCEPTANCE OF TERMS

The Service is offered subject to acceptance of all the terms and conditions contained in this Agreement, including the Privacy Policy available at https://techieswithoutborders.us/privacy, and all other operating rules, policies, and procedures that may be published on the Site by TWB, which are incorporated by reference. These Terms of Use apply to every User of the Service. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by TWB ("Supplemental Terms") and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental service(s). Your use of those services is subject to those Supplemental Terms, which are incorporated into these Terms of Use by this reference. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such supplemental service(s).

PLEASE NOTE THAT THESE TERMS OF USE ARE SUBJECT TO CHANGE BY TWB IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, TWB will make a new copy of the Terms of Use available on the Site, and any new Supplemental Terms will be made available from within or through, the affected service(s) on the Site. We will also update the "Last Updated" date at the top of the Terms of Use or the Supplemental Terms. If we make any material changes, and you have registered with us to create an Account (defined in Section 3 below) to use the Service, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms of Use. Any changes to the Terms of Use will be effective immediately for new Users of the Service and will be effective thirty (30) days after posting of notice of such changes on the Site for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting of notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 3 below). If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Service. Otherwise, your continued use of the Service constitutes acceptance of those changes. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

TWB reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. TWB may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability

The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. If you are registering an Account on behalf of a company, you represent that you have the authority to enter into the Terms of Use on behalf of the company you have named as the User, and to bind that company to the Terms of Use. TWB may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.


REGISTERING YOUR ACCOUNT

You may access certain Content on the Site without registering, but in order to access certain features of the Service you may be required to register an account on the Site ("Account") and to select an account name ("User ID") and password. For purposes of the Terms of Use, a "Registered User" is a User who has registered an Account, or has a valid account on the social networking service ("SNS") through which the User has connected to the Services (each such account, a "Third-Party Account").

You agree to provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. TWB reserves the right in its sole discretion to refuse registration of or cancel a User ID. You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User's Account without the other User's express permission. You will immediately notify TWB in writing of any unauthorized use of your Account, or other known Account-related security breach. If you provide any information that is untrue, inaccurate, not current or incomplete, or TWB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TWB has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account or use the Service if you have been previously removed by TWB, or if you have been previously banned from the Service.

If you access the Services through an SNS as part of the functionality of the Website, the Application and/or the Services, you may link your Account with Third-Party Accounts, by allowing Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third-party service providers. By granting the Company access to any Third-Party Accounts, you understand that the Company may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Company Properties ("Content") that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Company Properties via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content (as defined in Section 3.1) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Company Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Company's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Company Properties You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. The Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and the Company is not responsible for any SNS Content.


TREATMENTS: FUNDRAISING AND DONATIONS

TWB is a platform where Users fund Projects for Profiles. By funding Profiles with the Service, you agree to be bound by this entire Agreement, including the following terms:

  • You agree to provide your payment information at the time you fund a Profile. The payment will be collected at the time of the donation. The amount you donate is the amount you will be charged.
  • You agree to provide TWB with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account ("Payment Provider").
  • Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities.
  • By providing TWB with your credit card number or PayPal account and associated payment information, you agree that TWB is authorized to immediately invoice your Account for all donations that you make to Profiles and Projects, and that no additional notice or consent is required.
  • You agree to immediately notify TWB of any change in your billing address or the credit card or PayPal account used for payment hereunder. TWB reserves the right at any time to change its billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
  • TWB reserves the right to cancel a donation at any time and for any reason.
  • TWB reserves the right to reject, cancel, interrupt, remove, or suspend a Profile at any time and for any reason. TWB is not liable for any damages as a result of those actions. TWB may or may not comment on the reasons for any of those actions.
  • TWB reserves the right to allocate funds to any of their Projects.
  • In the event that a Project is canceled, interrupted, removed or suspended, all donated funds from the User will be reallocated to other Projects. Donations made by the User will not be refunded.
  • One hundred percent (100%) of the amounts donated by a User will be allotted to the Project and all related expense. Payment fees charged by TWB's payment collectors will be paid by TWB, they will not be deducted from the donations Users made for TWB.

RULES AND CONDUCT

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or law. The Service is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your Account to, take any action, or Submit Content, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
  • you know is false, misleading, or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortuous, obscene, offensive, profane, or invasive of another's privacy;
  • constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
  • involves commercial activities and/or sales without TWB 's prior written consent, such as contests, sweepstakes, barter, advertising or pyramid schemes;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of TWB or any third party, including but not limited to violating or attempting to violate any security features of the Service;
  • is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or Impersonates any person or entity, including any employee or representative of TWB.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by TWB in its sole discretion) an unreasonable or disproportionately large load on TWB 's or its third-party providers' infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures TWB may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Mail list, Listserv, or any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; (iii) frame or utilize framing techniques to enclose any trademark, logo or other Content (including images, text, page layout or form) of TWB; (iv)access the Service to build a similar or competitive website, application or service; (v) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; or (vi) remove or destroy any copyright notices or other proprietary markings contained on or in the Service. TWB and our suppliers and service providers reserve all rights not granted in these Terms of Use. Any unauthorized use of the Service terminates the licenses granted by TWB pursuant to these Terms of Use. You shall abide by all applicable local, state, national, and international laws and regulations.


THIRD-PARTY SITES

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Service. When you access third-party websites, you do so at your own risk. Those other websites are not under TWB's control, and you acknowledge that TWB is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Service does not imply endorsement by or affiliation with TWB. You further acknowledge and agree that TWB shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.


CONTENT AND LICENSE

You agree that the Service contains Content provided by TWB, its Partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. TWB grants to each User of the Service a worldwide, non-exclusive, non- sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from TWB, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.


INTELLECTUAL PROPERTY

By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:

  • TWB will not have any ownership rights over your User Submissions. However, TWB needs the following license to perform and market the Service on behalf of its Partners and itself. You grant to TWB the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Service, (b) TWB's (and its successors' and assigns') businesses, (c) promoting, marketing, and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you, in connection with the provision or marketing of the Service. The foregoing license grant to TWB does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
  • You are publishing your User Submissions, and you may be identified publicly by your name or User ID in association with your User Submissions.
  • You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
  • You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant all of the license rights granted herein.
  • You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or TWB's publishing or hosting of the User Submissions as contemplated by these Terms of Use.
  • TWB shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
  • All Content in any User Submissions publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that User Submission originated.
  • TWB will not be liable for any errors or omissions in any Content.
  • TWB cannot guarantee the identity of any other Users with whom you may interact while using the Service.
  • All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
  • The use or other exploitation of User Submissions by TWB and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • You agree that submission of any ideas, suggestions, documents and/or proposals to TWB through our suggestion, feedback, wiki, blog, forum or similar pages ("Feedback") is at your own risk and that TWB has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to TWB a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit in any manner, any Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service.

COPYRIGHT NOTIFICATIONS

In accordance with the Digital Millennium Copyright Act ("DMCA"), TWB has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. TWB also may terminate User accounts even based on a single infringement.

It is TWB's policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to TWB by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


TERMINATION

TWB may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all Content and information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on the Site. Any fees paid to TWB are non- refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


WARRANTY DISCLAIMER

TWB has no special relationship with, or fiduciary duty to, you. You acknowledge that TWB has no duty to take any action regarding any of the following: which Users gain access to the Service; what Content Users access through the Service; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. TWB cannot guarantee the authenticity of any data or information that Users provide about themselves. TWB cannot guarantee the accuracy or authenticity of any information contained in any Profile nor any information Submitted by a User or Partner concerning a Profile. You release TWB from all liability for your having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. TWB makes no representations concerning any Content on the Service, and TWB is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service. TWB does not guarantee that any Content will be made available through the Service. TWB has no obligation to monitor the Service or Content. TWB reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a Profile or a Project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. TWB reserves the right not to comment on the reasons for any of these actions.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TWB, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT OR COVENANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITIONS LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): TWB MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. TWB will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on TWB's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

TWB is not a medical health provider and does not personally evaluate patients or provide treatment. TWB is not liable for the outcome of any Project funded through the Service and conducted by a Partner. TWB does not warrant that any Project that is undertaken will be successful, nor is TWB liable for any damages or loss incurred related to any Project funded through the Service. TWB is under no obligation to become involved in disputes between any Users, Users and Partners, or between Users and any third party, arising in connection with the use of the Service. You release TWB, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor."


INDEMNIFICATION

You shall defend, indemnify, and hold harmless TWB, its affiliates, and each of its and its affiliates' employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. TWB reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with TWB in asserting any available defenses.


LIMITATIONS OF LIABILITY

IN NO EVENT SHALL TWB, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.


INTERNATIONAL

Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from locations outside of the United States, you do so at your own initiative and are responsible for compliance with local laws.


ELECTRONIC DELIVERY, NOTICE POLICY, AND YOUR CONSENT

By using the Service, you consent to receive from TWB all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. TWB may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Service.


GOVERNING LAW

These Terms of Use (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act. You agree that TWB and its Service are deemed a passive website that does not give rise to personal jurisdiction over TWB or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these Terms of Use, or your use or non-use of the Service, shall be filed only in the state or federal courts located in Northumberland County in the Commonwealth of Pennsylvania and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.


INTEGRATION AND SEVERABILITY

These Terms of Use and other referenced material are the entire agreement between you and TWB with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and TWB with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.


CONSUMER COMPLAINTS

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.


MISCELLANEOUS

TWB shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond TWB's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with TWB's prior written consent. TWB may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. Where TWB requires that you provide an e-mail address, you are responsible for providing TWB with your most current e-mail address. In the event that the last e-mail address you provided to TWB is not valid, or for any reason is not capable of delivering to you any notices required or permitted by the Terms of Use, TWB's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to TWB at the following address: 240 Viewpoint Lane, Northumberland PA 17857. Such notice shall be deemed given when received by TWB by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.


End of Terms