PWI Terms & 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.

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 web sites involvement and/or practices in this area.



Project World Impact Terms & Conditions


Last modified 4/26/2017

Welcome to ProjectWorldImpact.com! Project World Impact, LLC (“Project World Impact,” “projectworldimpact.com,” “PWI,” “PWI Nonprofit App”, “PWI App”, “Project World Impact,’ “we,” “our,” or “us”) maintains this web site 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,” “users,” “General Users,” “Registered Users,” Registered Nonprofit Users,” Registered Fair Trade Users,” or “Registered Cause Related Goods Users,” “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@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 donating to a cause or country on the site. When visitors donate to a cause or country, 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. PWI does 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.


TERMS AND CONDITIONS

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, Registered Nonprofit Users, and Registered Fair Trade or Cause Related Goods 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 our 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.

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 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 drive, 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.
d. Registered Fair Trade or Cause Related Goods Users: Login is required for all Registered Fair Trade or Cause Related Goods Users, who can (a) make profiles for their fair trade or cause related goods organization and (b) sell products. All Registered Fair Trade or Cause Related Goods Users must be duly organized, validly existing, and in good standing under the laws of the United States of America.

Project World Impact is under no obligation to accept any individual as a General User, Registered User, Registered Nonprofit User, Registered Fair Trade User, or Registered Cause Related Goods User, and may accept or reject any registration in our sole and complete discretion. In addition, Project World Impact may deactivate any account at any time, including, without limitation, if it determines that a Registered User, Registered Nonprofit User, Registered Fair Trade User, or Registered Cause Related Goods 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. Your continued use of the Site 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@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 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 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 Content (including text, graphics, logos, icons, images, videos, pictures, and recordings), and unless we indicate otherwise, you grant Project World Impact a nonexclusive, 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 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 noncommercial, 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 web site 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. Project World Impact.org reserves the right to refuse service, and terminate accounts if we believe that your conduct violates these Terms.


PRICING FOR FAIRTRADE AND CAUSE-RELATED PRODUCTS

Except where noted otherwise, the List price displayed for products on the Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price will be provided by the merchant. With respect to items sold by PWI, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by PWI is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.


OTHER BUSINESSES

Parties other than PWI operate stores, provide services, or sell product lines on this Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. PWI does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.


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.


ADDITIONAL RELATED TO FAIR TRADE AND CAUSE RELATED GOODS USERS AND REGISTERED USERS

FOR REGISTERED FAIR TRADE AND CAUSE RELATED GOODS USERS AND REGISTERED USERS

a. Use of the Site and Services: Use of the Site and Services for Registered Fair Trade and Cause Related Goods Users is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, and email address. You represent and warrant that: (a) if you are a business or organization, you are duly organized, validly existing and in good standing under the laws of the United States of America and that you are registering for the Services within the United States of America; (b) you have all requisite right, power and authority to enter into this Participation Agreement and perform your obligations hereunder; (c) any information provided or made available by you or your affiliates to PWI or our affiliates is at all times accurate and complete; and (d) sign up at one of our annual subscription levels, which are billed monthly and nonrefundable.

b. Applicable Policies and Guidelines: For each item you list on the Site, you will provide to us the state or country from which the item ships. You will provide to us (using the processes and timing that we designate) any requested information regarding shipment, tracking (to the extent available) and order status, and we may make any of this information publicly available. Promptly after shipment of a customer's order (or any portion of the customer's order), you will accurately inform us that the order has been shipped (and, in the case of a customer order that is shipped in more than one shipment, accurately inform us which portion of the order has been shipped), using our standard functionality for communicating such information when we make that functionality available to you ("Confirmation of Shipment"). If you fail to provide Confirmation of Shipment within the time frame specified by us (e.g., 30 days after the date an order was placed), we may in our sole discretion cancel (and/or direct you to stop and/or cancel) any such transaction, and you will stop and/or cancel any such transaction upon such request by us. You will comply with any instructions from the manufacturer, distributor and/or licensor of a product regarding Street Date for Delivery (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which such product should not be delivered or otherwise made available to customers) or the Street Date for Disclosure (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which specified information regarding such product (e.g., title of a book) should not be disclosed publicly).

c. You may not list any items for sale that violate the Consumer Products Safety Regulations, Laws, and Standards as detailed here: cpsc.gov/en/Regulations-Laws--Standards/



PROJECT WORLD IMPACT’S ROLE

PWI provides a platform for third-party sellers ("Sellers") and buyers ("Buyers") to complete transactions. Project World Impact is not involved in the actual transaction between Sellers and Buyers. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; (c) is counterfeited, illegal, stolen, or fraudulent; or (d) is included on our Restricted Items list. It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk.

BECAUSE PWI IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE PWI (AND OUR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.


FAIR TRADE AND CAUSE RELATED PRODUCTS SOLD

Project World Impact charges a 15% transaction fee from the final selling price for all products sold on the site by Registered Nonprofit, Fair Trade, and Cause-Related Goods Users. The credit card processing fee for all transactions is covered by Project World Impact and is included in the 15% transaction fee. Registered Fair Trade, Nonprofit and Cause Related Goods Sellers are responsible for the shipping and handling of all items sold on projectworldimpact.com.

Project World Impact will hold the funds from purchases made on the Site until the product is delivered and verified, up to 30 days. After 30 days, PWI will release the funds to the Seller as long as there is no ongoing conflict or dissatisfaction with the product from the Consumer. Consumers have up to 30 days to report a problem with their product.


RISK OF LOSS

All items purchased from Project World Impact are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to the purchaser upon delivery to the carrier.


RETURNS, REFUNDS AND TITLE

Project World Impact does not take title to returned items. Items must be returned to the original Seller within 30 days of purchase. Refunds and returns should be handled exclusively between the Buyer and Seller. However, if the Buyer and Seller are unable to reach an agreement, then PWI may be contacted within 30 days of purchase and we will make the final decision based on the information provided. The final decision of PWI cannot be overruled.

You, the Seller, will accept and process returns, refunds and adjustments in accordance with this Participation Agreement and the PWI return policies published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to Buyers in connection with Your Transactions, using functionality we enable for your account, and will route all such payments through PWI. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable PWI return policies and as required by law, and in no case later than thirty (30) days after the obligation arises.


PRODUCT DESCRIPTIONS

Project World Impact attempts to be as accurate as possible. However, PWI does not warrant that product descriptions or other content of any PWI Service is accurate, complete, reliable, current, or error-free. If a product offered by Project World Impact is not as described, your sole remedy is to return it in unused condition to the individual Seller within 30 days of purchase.



THE TRANSACTION PROCESSING SERVICE

By registering for or using the Services, you authorize PWI to act as your agent for purposes of processing payments, refunds, and adjustments for Your Transactions (as defined below), receiving and holding Sales Proceeds (as defined below) on your behalf, remitting Sales Proceeds to your bank account, charging your credit card, and paying PWI and our affiliates amounts you owe in accordance with this Participation Agreement or other agreements you may have with PWI or our affiliates (collectively, the "Transaction Processing Service"). "Sales Proceeds" means the gross proceeds from any of Your Transactions, including all shipping and handling, other charges, but excluding any taxes separately stated and charged. "Your Transaction" means any sale of your items through the Site. Notwithstanding anything to the contrary in this Participation Agreement, PWI may in its discretion perform the Transaction Processing Services described in this Section.

a. The Transaction Processing Service facilitates the purchase of Seller items listed on the Site. Sales Proceeds are credited to a registered Seller's Payment Account and funds are periodically transferred to the Seller's designated bank account ("Seller's Account"). When a Buyer instructs us to pay you, you agree that the Buyer authorizes and orders us to commit the Buyer's payment to you (less any applicable fees or other amounts we may collect under this Participation Agreement). You agree that Buyers satisfy their obligations to you for Your Transactions when we receive the Sales Proceeds. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts owed to PWI, subject to chargeback or reversal or withheld for anticipated claims in accordance with this Participation Agreement. The Transaction Processing Service helps facilitate Your Transactions and neither we nor our affiliates are the purchaser of the Seller's goods. Seller will resolve any dispute directly with Buyer or with the assistance of the PWI. You must provide us true and accurate information when registering and must maintain and update that information as applicable. We may at any time require you to provide any financial, business or personal information we request to verify your identity. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us to verify his or her information (including any updated information), to obtain credit reports about Seller in order to approve Seller for use of the Transaction Processing Service and also from time to time while Seller is registered with the Transaction Processing Service (including credit reports about Seller's spouse if Seller lives in a community property state), and to obtain an initial credit authorization from Seller's credit card issuer at time of registration.

b. Sales Proceeds can be credited only to bank accounts in the United States (which functionality may be modified or discontinued by us at any time without notice).

c. The Transaction Processing Service is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. We can initiate credits to Seller's Account only on a Business Day when the automated clearinghouses are open for business. For purposes of this Participation Agreement, a "Business Day" is a Monday through Friday, excluding federal banking holidays. We will inform you of each completed transaction using our standard procedures. In addition, you can access your Transaction Processing Service transaction information online in your Payment Account.

d. If we or our affiliates reasonably conclude based on information available to us or our affiliates that Seller's actions and/or performance in connection with the Services may result in Buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with the Services or this Participation Agreement until the completion of any investigation(s) regarding any Seller actions and/or performance in connection with this Participation Agreement. We will not be liable to Seller if we act in accordance with the provisions of this Section.

e. All notices will be sent by email or will be posted on the Site or by any other means then specified by us or PWI. We will send notices to Seller at the email address maintained in our or PWI's records for Seller. Seller will monitor his or her email messages frequently to ensure awareness of any notices sent by us or PWI.

f. We may refuse service to anyone for any reason. We will not bear the risk of credit card fraud (i.e., fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Your Transactions, and Seller will bear all other risk of fraud or loss; provided, that we will not bear the risk of credit card fraud in connection with any of Seller's products that are not fulfilled strictly in accordance with the order information and shipping information that PWI provides you. PWI reserves the right to seek reimbursement from Seller if PWI, in our sole discretion, decide to reimburse Buyer, provide a refund to Buyer if Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from Buyer's credit card issuer for the amount of Buyer's purchase from Seller. We may obtain reimbursement of any amounts owed by Seller to PWI or us by deducting from future payments owed to Seller, reversing any credits to Seller's Account, charging Seller's credit card, or seeking such reimbursement from Seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or bank account.

g. Sales Proceeds will be held in an account with PWI (a "Payment Account") and will represent an unsecured claim against PWI. Sales Proceeds are not insured by the Federal Deposit Insurance Corporation. Prior to disbursing funds to you, PWI may combine Sales Proceeds held with the funds of other users of the Services, invest them , or use them for other purposes permitted by applicable laws. You will not receive interest or any other earnings on any Sales Proceeds. To the extent required by applicable laws, PWI will not use any funds held on your behalf for our corporate purposes, will not voluntarily make such funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach such funds.

h. PWI retains the right to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with this Participation Agreement) that has been charged for an order that we stop or cancel.


YOUR TRANSACTIONS

a. For sales where a Seller lists goods at a fixed price ("fixed price sales"), the Seller is obligated to sell the goods at the listed price to Buyers who meet the Seller's terms. By listing an item in a fixed price sale, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.

b. For fixed price sales, Seller will determine the purchase price for each item he or she lists on the Site via and subject to projectworldimpact.com's standard functionality for listing the purchase price, provided that Seller must abide by the same procedures and guidelines contained here.


YOUR OBLIGATION AS A SELLER

By entering into this Participation Agreement and posting a listing for fixed price sale, you, the Seller, agree to complete the transaction as described by this Participation Agreement. This includes being responsible for shipping and handling of any items purchased through your store on projectworldimpact.com. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.


SELLER TAXES

PWI will automatically add seller tax to items based on their shipping address, to the best of our ability. PWI is not responsible for determining the exact amount of sales tax per item. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.


LIST OF ITEMS RESTRICTED FROM SALE ON THE SITE:

Alcohol
Animals & Animal Products
Automotive
Currency, Coins, Cash Equivalents, and Gift Cards
Drugs, Drug Paraphernalia & Dietary Supplements
Gambling & Lottery
Hazardous & Dangerous Items
Human Parts & Burial Artifacts
Intellectual Property Violations
Laser Pointers and Related Products
Medical Devices & Accessories
Offensive Products
Illegal Plants, Plant Products, and Seeds
Postage Meters & Stamps
Recalled Products
Sex & Sensuality
Stolen Property & Lock Picking Devices
Surveillance Equipment
Tobacco & Tobacco-Related Products
Warranties & Services
Weapons
Trade Control Laws
Products that infringe upon an individual's privacy, such as the sale of marketing lists and personal information
Products intended to be used to produce an illegal product or undertake an illegal activity
Coupons
Domain names
Government documents, badges, identification, birth certificates, passports and licenses

ADDITIONAL RELATED TO PWI PRODUCTS AND SERVICES AVAILABLE TO REGISTERED NONPROFIT USERS WHO SUBSCRIBE TO AND REGISTERED USERS OF PROJECTWORLDIMPACT.COM


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. Although the billings are on a monthly basis, the subscription is a 12 month commitment and is not refundable under any circumstances.

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).

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, including, but not limited to the following:

CROWDFUNDING, GROUPGIVE, AND OTHER FUNDING PLATFORMS

Project World Impact provides a crowdfunding platform and other funding platforms (such as peer-to-peer fundraising) for Registered Nonprofit Users (or “Campaign Owners”) seeking to raise funds for their own Campaigns and for Registered Users (or “Contributors”) to contribute to the Campaigns of Registered Nonprofit Users. 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. Project World Impact makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. Project World Impact does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk.

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 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 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.

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. Additionally, all Registered Nonprofit Users have the sole responsibility for distributing written acknowledgment 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 to that nonprofit through the site will be received by PWI Foundation. PWI takes zero percentage of these donations. Donations are subject to the standard credit card processing rate.

Create A Profile - Creating a profile allows a nonprofit to do crowdfunding, accept donations, sell products, solicit volunteers, add email subscribers, obtain social followers, and get reviews and endorsements.
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. Additionally, all Registered Nonprofit Users have the sole responsibility for distributing written acknowledgment 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 to that nonprofit through the site will be received by PWI Foundation. PWI takes zero percentage of these donations. Donations are subject to the standard credit card processing rate.

Crowdfunding, PWI GroupGive, and Other funding platforms - Project World Impact provides a crowdfunding platform and other funding platforms (such as GroupGive, peer-to-peer fundraising) for Registered Nonprofit Users (or “Campaign Owners”) seeking to raise funds for their own Campaigns and for Registered Users (or “Contributors”) to contribute to the Campaigns of Registered Nonprofit Users. 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. Project World Impact makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. Project World Impact does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk.
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 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 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.

PWI Fund
Registered Nonprofit Users will receive a percentage of their supporters purchases from participating stores. However, 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 PWI’s 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 or through the PWI Fund App.
Donations will be distributed to a nonprofit once a minimum threshold of $25 is reached for each nonprofit.
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. The PWI Foundation Board of Directors, will determine the organizations focused on those countries or causes to receive the distribution.
Shoutout - PWI posts about a nonprofit or cause on PWI’s social media platforms. PWI reserves the right to deny, alter, or schedule the post at PWI’s discretion and/or in consideration of the “Community Guidelines” stated in these Terms.
Library - Relevant eBooks and how-to's for Nonprofits developed by PWI.
Google Grant - PWI assists a nonprofit in applying for and obtaining a grant from Google, a prominent internet company (“Grantor”), for use in internet advertising within the following:
A budget of three hundred twenty nine dollars ($329) per day, which is equivalent to approximately ten thousand dollars ($10,000) per month for a period of two (2) years.
A maximum cost-per-click (CPC) limit of $2.00 USD.
Keyword targeted campaigns and text ads only.
Ads will only appear on the internet providers search results page.
Nonprofits are fully responsible for the accuracy and validity of the information provided in the grant and PWI is not liable for any information provided to PWI that is not accurate. Further, nonprofits understands and agree that PWI shall not be liable to the nonprofit in the event Grantor alters their funding policies or if the nonprofit loses their grant due to violations of the Grantor’s policies.
PWI Storyteller - Allows a nonprofit to crowdsource videos, photos, recordings, and written testimonials (“testimonials”) from supporters. These testimonials will post to their supporters social media and be available for the nonprofit’s marketing efforts.While using the PWI Storyteller, supporters grant Project World Impact and the nonprofit they have selected a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute testimonials in connection with the PWI Storyteller and related marketing and promotional activities. Supporters continue to hold all ownership interest in their testimonials. Each supporter represents and warrants that its testimonials 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 Convene - A customizable conference app. Provides a Registered Nonprofit User real-time access to agendas, breakout sessions, maps, bios, notes, polls, surveys, and more for their conference. All conference data and attendee data, are available to 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, 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, includes ticketing.
PWI Swipe - A platform for Registered Users to donate the change from their daily purchases to Registered Nonprofit Users. Money will be donated 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. Donations will be aggregated and distributed by PWI Foundation to the Registered Nonprofit User selected by the Registered User. The Registered User will be charged a 5% processing fee to cover the processing costs of PWI Foundation. Other than the processing fee, the donation will be distributed by PWI Foundation to the designated Registered Nonprofit User on a quarterly basis. Additionally, PWI Foundation have the responsibility for distributing written acknowledgment to Registered Users who have donated funds through the PWI Swipe.
PWI Soapbox - Schedule, manage, and publish content for your nonprofit on social media (Facebook, Twitter, and Instagram). Registered Nonprofit Users (or “Campaign Owners”) using the PWI Soapbox, may use PWI Soapbox to post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Campaign Owners grant Project World Impact 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 Soapbox 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.
Beta Testing and Product Requests - PWI plans to launch new products, apps, and/or services every quarter. If a Registered Nonprofit User subscribes at the appropriate level, they will be able to make suggestions, be part of beta-testing, and help PWI customize the new product, app, or service to fit their specific needs.
Dedicated Team Member - If a Registered Nonprofit User subscribes at the appropriate level, they will be assigned a dedicated PWI team member to help better use the available software and tools - as well as to help maximize visibility on projectworldimpact.com. Although the PWI Team member will have a Registered Nonprofit User as their prime priority, there is no guarantee as to the amount of time (hours) the PWI team member will spend working on the Registered Nonprofit User.
Dedicated Apps & Programs - If a Registered Nonprofit User subscribes at the appropriate level, they will receive dedicated branding on PWI’s apps and programs (i.e.; Convene, Storyteller, and Fund). This means that users who use those apps and programs will appear to come directly from the Registerd Nonprofit User and they not be 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.

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

a.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.

b. PWI has the right, but not the obligation, to monitor any activity and content associated with this Site and investigate as we deem appropriate. PWI also may investigate any reported violation of our policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings. PWI reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.

c. 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.

d. 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. PWI, in our sole discretion, also may prohibit any Seller from listing items for fixed price sales. If at any point your profile is cancelled, 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