Last Updated: August 19, 2022
These Terms and Conditions of Service (“Terms and Conditions”) are a legal agreement between you (“you,” “your”) and Project We Hope Dream and Believe (”PWHDAB,” “we,” “our” or “us”) and govern your use of PWHDAB’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these terms, and that business accepts these terms. By using any of the Services, you agree to these Terms and Conditions and any policies referenced within (“Policies”) these Terms and Conditions, including terms that limit our liability and require individual arbitration for any potential legal dispute. You also agree to any additional terms specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us (collectively, the “Terms”). You should read all of our terms carefully.
Project We Hope Dream and Believe is a public charity recognized as tax exempt under IRC Section 501(c)(3), contributions to which are deductible to the fullest extent allowed by law. In accordance with IRS guidelines and in order to preserve the deductibility of donations to it, Project We Hope Dream and Believe retains full control and discretion over all donated resources, including those that may be recommended or designated for approved foreign programs. Consequently, Project We Hope Dream and Believe reserves the right to withhold, modify, or restrict funding for any particular program or to any particular organization, and in such cases to use donated resources elsewhere at its sole discretion, in furtherance of its exempt purposes.
You consent (Opt In) to PWHDAB’s Privacy Notice, which explains how we collect, use, and protect the personal information you provide to us.
We may amend these Terms and Conditions at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services you have registered into. The revised version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised version constitutes your acceptance of such revised version. Any dispute (as defined in Section 20) that arose before the changes will be governed by the terms in place when the dispute arose.
This website and any services associated are intended for use by persons aged 16 or older. We do not knowingly allow use of the Services by any person that we believe to be younger than 16. We also do not collect any personally identifiable information from any persons under the age of 16 and if we discover that we have been provided any such information, we will delete this information from our records.
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”
We respect the intellectual property rights of our content creators and ask you to do the same. We have adopted an Intellectual Property Policy regarding third-party claims that your material infringes the rights of others.
You consent to accept and receive communications from us, which includes e-mails to the email address you provide to us when you sign-up for newsletter updates. You acknowledge that you are not required to consent to receive emails as a condition of using the website and any services associated.
You may opt-out of receiving email communications we send to you by following the ‘Opt-Out’ (through unsubscribe) options on such emails. Opting out of receiving communications will not impact your use of the website of any of its Services.
We may terminate these Terms and Conditions or any Additional Terms, or suspend or terminate any access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service.
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) and your violation of any law, rule or regulation of the United States or any other country.
THE USE OF “PWHDAB” IN SECTIONS 11, 12 AND 14 MEANS PWHDAB, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES). THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, PWHDAB SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PWHDAB DOES NOT WARRANT OR GUARANTEE THAT THE WEBSITE AND ITS SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PWHDAB does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PWHDAB BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE WEBSITE OR SERVICES. IN ALL CASES, PWHDAB WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. UNDER NO CIRCUMSTANCES WILL PWHDAB BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR SERVICES, OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HTP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
PWHDAB MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD PARTY ITEMS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
“Disputes” are defined as any claim, controversy, or dispute between you and PWHDAB, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms and Conditions or the Services, or any other aspect of our relationship.
You and PWHDAB agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST PWHDAB. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms and Conditions and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a donor bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur in Inkster, Michigan, USA or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. PWHDAB will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than the equivalent currency to $10,000 (USD) unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and PWHDAB also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Inkster, Michigan, or federal court for the State of Michigan.
These Terms and Conditions and any Dispute will be governed by Georgia law and/or applicable federal law (including the Federal Arbitration Act), without regard to its choice of law or conflicts of law principles.
Any action or proceeding by you relating to any dispute must commence within one year after the cause of action accrues.
You may be offered services provided by third parties and not by PWHDAB, including, but not limited to, third party developers who use PWHDAB’s services (“Third Party Services”). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not PWHDAB. The services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by PWHDAB. Such third party websites are not governed by these Terms and Conditions. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from our website to a third party website, our Privacy Notice is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the services, is subject to that website’s own terms, rules and policies.
These Terms and Conditions, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and PWHDAB regarding the website and any services. In the event of a conflict between these Terms and Conditions and any other PWHDAB agreement or Policy, these Terms and Conditions will prevail and control the subject matter of such conflict. If any provision of these Terms and Conditions or any additional term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms and Conditions do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Terms and Conditions will be deemed a further or continuing waiver of such term or any other term.