1.1 Binding Agreement. These Website Terms of Use (the "Terms" or this "Agreement") constitute a legally binding agreement between you and SolarWAVE Action, a California nonprofit public benefit 501(c)(4) corporation ("Organization," "we," "us," or "our") governing your access to and use of our website, currently located at www.solarwaveaction.org, together with any related pages, subdomains, content, functionality, and services made available thereon (collectively, the "Site").
1.2 Acceptance. By accessing, browsing, or using the Site, including but not limited to viewing educational or research content, accessing or commenting on our blog, submitting information through any form (including any consultation inquiry form), or making or attempting to make a donation through a third-party payment processor integrated with or linked from the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as they may be amended from time to time in accordance with Section 2 below.
1.3 Authority. If you are using the Site on behalf of a corporation, partnership, limited liability company, sole proprietorship, association, governmental authority, or other entity (each, an "Entity"), you represent and warrant that: (a) you have full legal authority to bind that Entity to these Terms; (b) you have read and understand these Terms; and (c) you agree to these Terms on behalf of that Entity. In such circumstances, references to "you" and "your" in these Terms shall also refer to that Entity and its officers, directors, employees, contractors, agents, and representatives.
1.4 Eligibility. The Site is intended for use only by individuals who are at least eighteen (18) years of age and who have the legal capacity to enter into binding contracts. By using the Site, you represent and warrant that you are at least eighteen (18) years old and otherwise meet all eligibility requirements. If you do not meet these requirements, you must not access or use the Site.
1.5 Refusal of Access. We reserve the right, in our sole discretion and without liability of any kind, to deny access to or use of the Site (including the refusal to process any transaction, comment, post, or submission) to any person or Entity for any reason or for no reason, including for any violation of these Terms.
2.1 Right to Modify Terms. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them on the Site, unless a later effective date is expressly stated, and apply to all access to and use of the Site thereafter.
2.2 Notice of Changes. We may, but are not required to, provide notice of material changes to these Terms by any reasonable means, including by posting a notice on the Site, updating the "Last Updated" date at the top of these Terms, or, where appropriate, by email. You are responsible for regularly reviewing these Terms. Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of and agreement to such changes.
2.3 Modifications to the Site. We may, at any time and from time to time, without notice or liability: (a) modify, suspend, or discontinue the Site, any part of the Site, or any content, services, features, or functionality available on or through the Site; (b) impose limits on certain features and services; or (c) restrict your access to part or all of the Site.
3.1 Privacy Policy. Your use of the Site is also governed by our Privacy Policy (the "Privacy Policy"), which describes our practices concerning the collection, use, storage, sharing, and security of information we receive from you or about you. The Privacy Policy is incorporated into and made a part of these Terms by this reference. By using the Site, you acknowledge that you have read, understood, and agree to the Privacy Policy.
3.2 Collection of Personal and Business Information. Without limiting the scope of our Privacy Policy, you acknowledge and agree that: (a) when you submit information through any contact or inquiry form on the Site, including any form relating to potential consultation projects, we may collect personal information (such as your name, email address, phone number, and other contact details) and business information (such as your company name, job title, and other organizational details) that you voluntarily provide; and (b) we may use such information for purposes including, but not limited to, reviewing and evaluating potential consultation projects, responding to your inquiries, providing information or services you request, improving our programs, conducting research and analytics, and for such other purposes as are disclosed in our Privacy Policy or as otherwise permitted by applicable law.
3.3 Consent. By submitting personal or business information to us through the Site, you: (a) represent and warrant that such information is true, accurate, and complete, and that you have the authority to provide such information (including on behalf of any Entity); (b) consent to our collection, use, storage, processing, and disclosure of such information in accordance with these Terms, the Privacy Policy, and applicable law; and (c) acknowledge that communications over the internet may be subject to delays, errors, or unauthorized access, and that we do not guarantee the security of any information transmitted to or from the Site, except as expressly required by applicable law.
3.4 No Confidential Information. Unless and until we enter into a separate written agreement with you expressly providing otherwise, you acknowledge and agree that: (a) information submitted through the Site, including via any contact or consultation inquiry form, is submitted on a non-confidential basis; (b) no attorney-client, consulting, fiduciary, or other special relationship is created by your submission of information through the Site; and (c) we have no obligation to treat such information as confidential, subject to the Privacy Policy and applicable privacy and data protection laws.
3.5 California and Other Privacy Rights. Depending on your place of residence and as further described in our Privacy Policy, you may have certain rights with respect to your personal information under applicable law (including, without limitation, certain rights under California law). The procedures for exercising such rights, if available, are described in the Privacy Policy.
4.1 Educational and Informational Purpose Only. The Site, including without limitation all educational materials, research content, publications, reports, blog posts, commentary, and other information available on or through the Site (collectively, "Content"), is provided solely for general educational, informational, and nonprofit outreach purposes.
4.2 No Legal, Tax, Medical, Financial, or Other Professional Advice. Unless expressly stated otherwise in writing by us: (a) the Content does not constitute, and is not intended to be, legal, tax, medical, accounting, financial, investment, or other professional advice, opinion, or recommendation; (b) the Content should not be relied upon for making legal, tax, medical, accounting, financial, investment, or other decisions; and (c) you should consult with an appropriately qualified professional for advice tailored to your particular situation.
4.3 No Advisory or Consultancy Relationship. Your use of the Site, including your submission of information relating to potential consultation projects through any contact or inquiry form, does not create any advisory, consultancy, professional services, fiduciary, attorney-client, or other special relationship between you and the Organization, unless and until a separate written agreement is executed between you and the Organization expressly establishing such a relationship.
4.4 No Guarantee of Accuracy or Completeness. While we endeavor to provide accurate and current information, the Content may not be complete, accurate, up to date, or applicable to your circumstances. We do not warrant or represent that any Content is or will remain accurate, complete, reliable, current, error-free, or suitable for any particular purpose. Your reliance on any Content is solely at your own risk.
5.1 Ownership of the Site and Content. The Site and all Content, including without limitation all text, graphics, images, designs, logos, icons, photographs, video and audio clips, interfaces, software, code, data, compilations, and other materials available on or through the Site, and the design, selection, arrangement, and coordination thereof, and all copyrights, trademarks, service marks, trade names, trade dress, and other intellectual property rights therein and thereto (collectively, "Organization IP"), are owned by the Organization, its licensors, or other third parties and are protected by United States and international copyright, trademark, and other intellectual property and proprietary rights laws.
5.2 Trademarks. The Organization’s name, logo, and all related names, logos, product and service names, designs, and slogans are the trademarks and service marks of the Organization or its licensors. You must not use such marks without the prior written permission of the Organization. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
5.3 Limited License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, revocable, nonexclusive, nontransferable, and nonsublicensable license to access and use the Site and to download, view, and print a single copy of the Content solely for your personal, noncommercial, informational, and educational use, and solely in accordance with these Terms and any additional restrictions displayed on the Site.
5.4 License Restrictions. Except as expressly permitted in Section 5.3 or otherwise expressly authorized in writing by the Organization, you shall not, and shall not permit any third party to: (a) copy, reproduce, modify, adapt, translate, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, resell, distribute, or otherwise exploit any portion of the Site or Content, in any form or by any means; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) remove, obscure, or alter any copyright, trademark, or other proprietary rights notices contained on or in the Site or the Content; (d) use any data mining, robots, or similar data gathering or extraction methods on the Site; (e) use the Site or any Content for any commercial purpose or for the benefit of any third party, including without limitation to develop or provide any product or service that competes, directly or indirectly, with any product or service offered by the Organization; or (f) reverse engineer, decompile, disassemble, or attempt to derive the source code of any software used in connection with the Site, except to the extent such restriction is expressly prohibited by applicable law.
5.5 Reservation of Rights. All rights not expressly granted to you under these Terms are reserved by the Organization and its licensors. No rights or licenses are granted to you by implication, estoppel, or otherwise.
6.1 Submissions Through the Site. The Site may, from time to time, allow you to submit, post, upload, transmit, or otherwise provide information, data, text, images, files, or other materials to us, including, without limitation: (a) information provided through any contact or consultation inquiry form; (b) comments or responses to blog posts or other Content; and (c) feedback, suggestions, or other communications regarding the Site or the Organization’s programs (collectively, "User Submissions").
6.2 Responsibility for User Submissions. You are solely responsible for all User Submissions that you submit or provide, and for the consequences of posting or providing such User Submissions. By providing any User Submission, you represent and warrant that: (a) you own or control all rights in and to the User Submission or otherwise have all necessary rights, licenses, consents, and permissions to provide the User Submission and to grant the rights and licenses granted herein; (b) your User Submission does not and will not infringe, misappropriate, or violate any intellectual property, proprietary, privacy, publicity, or other rights of any third party; (c) your User Submission does not and will not violate any applicable law, regulation, or ordinance; and (d) your User Submission is accurate, truthful, and not misleading.
6.3 License to User Submissions. Except as otherwise expressly stated in a separate written agreement with you: (a) you hereby grant to the Organization a worldwide, perpetual, irrevocable, royalty-free, fully paid, nonexclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit your User Submissions, in whole or in part, in any form, media, or technology now known or hereafter developed, for any lawful purpose consistent with the Organization’s nonprofit mission, including without limitation for evaluation and development of potential consultation projects, research, educational, and promotional purposes; and (b) you waive any moral rights or rights of attribution or integrity that you may have in or with respect to your User Submissions, to the maximum extent permitted by applicable law.
6.4 No Obligation to Use. We have no obligation to use, display, or maintain any User Submission, and we may, in our sole discretion and without notice or liability, remove, delete, redact, or refuse to post any User Submission, including without limitation any User Submission that we deem to be in violation of these Terms or otherwise objectionable.
6.5 No Confidentiality; Exceptions. Subject to the Privacy Policy and applicable law, User Submissions are not considered confidential or proprietary, and we are under no obligation to maintain the confidentiality of any User Submission. Notwithstanding the foregoing, if we explicitly state on a particular form or page that certain information will be treated as confidential or as subject to specific confidentiality obligations, such explicit statement will control with respect to that information to the extent of any conflict with this Section 6.5.
7.1 General Use Obligations. You agree to use the Site and the Content only for lawful purposes, in accordance with these Terms, and in a manner consistent with the Organization’s nonprofit mission.
7.2 Prohibited Conduct. Without limiting the generality of the foregoing, you agree that you will not, and will not permit or assist any third party to: (a) use the Site or any Content in any way that violates any applicable federal, state, local, or international law or regulation; (b) use the Site to send, knowingly receive, upload, download, use, or reuse any material that: (i) is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iii) infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any other person or Entity; (iv) violates the privacy or publicity rights of any other person; (v) contains any viruses, Trojan horses, worms, time bombs, ransomware, spyware, adware, or other malicious or harmful code or components; or (vi) impersonates any person or Entity or misrepresents your identity or affiliation with any person or Entity; (c) use the Site for any commercial purpose, including without limitation to advertise or promote any product, service, or Entity without our prior written consent; (d) use the Site to solicit personal or financial information from any person, or to engage in any fraudulent, deceptive, or misleading conduct; (e) interfere with or attempt to interfere with the proper working of the Site, including without limitation by: (i) hacking, cracking, scanning, probing, or testing the vulnerability of the Site or any associated system or network; (ii) breaching the security or authentication measures of the Site; (iii) overloading, flooding, spamming, mail-bombing, or crashing the Site; or (iv) using any device, software, or routine that interferes with the proper working of the Site; (f) use any robot, spider, scraper, crawler, or other automated means or interface not provided by us to access the Site, extract data, or otherwise harvest information from the Site; (g) frame or mirror any part of the Site without our express prior written consent; (h) access or attempt to access any portion of the Site or any systems or networks connected to the Site that you are not authorized to access; (i) use the Site to develop, offer, or provide any product or service that competes, directly or indirectly, with any program, research, educational, or consultation service offered by the Organization; or (j) otherwise attempt to interfere with the proper working of the Site or the use and enjoyment of the Site by any other person.
7.3 Consultation Inquiry Forms. When using any contact or consultation inquiry form on the Site, you further agree that you will: (a) provide only truthful, accurate, and complete information; (b) not use such forms to send unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation to us or to any other person; (c) not send any information that you are not legally authorized to disclose; and (d) not rely upon any response from us as professional advice unless and until a separate written agreement is entered into between you and the Organization clearly establishing the scope and nature of any professional or consulting relationship.
8.1 Donations. The Site may provide you with the opportunity to make voluntary charitable donations to the Organization in support of its nonprofit mission. Unless expressly stated otherwise in writing, donations are not made in exchange for goods or services and may be tax-deductible to the extent permitted by law. However, we make no representation or warranty as to the tax treatment of any donation. You should consult with your tax advisor regarding the deductibility of any donation.
8.2 Third-Party Payment Processors. Donations made through the Site are processed by one or more third-party payment processors (each, a "Payment Processor"), and not directly by the Organization. By making a donation or attempting to make a donation via the Site, you: (a) acknowledge and agree that the processing of your payment (including handling of credit card or debit card information, security, and related matters) is governed by the terms, conditions, and privacy policies of the applicable Payment Processor, and not by these Terms or the Privacy Policy; (b) authorize the Payment Processor to charge your selected payment method for the amount of your donation and any applicable fees; (c) agree to provide current, complete, and accurate payment and account information; and (d) acknowledge and agree that we are not responsible for any error, delay, unauthorized transaction, fraud, data breach, security incident, or other act or omission by any Payment Processor.
8.3 Third-Party Terms. Your use of any Payment Processor, and any payment transactions you enter into, are subject to any separate agreements you may enter into with the Payment Processor. You are responsible for reviewing and complying with all such terms and conditions.
8.4 Refunds. Donations made to the Organization are, by default, nonrefundable, except as required by applicable law or as we may otherwise determine in our sole discretion. If you believe a donation has been made in error, you may contact us using the contact information provided in Section 18. We may request additional information from you and/or the Payment Processor to evaluate any refund request.
8.5 Receipts. At your request or as otherwise provided through the Site, we may issue an acknowledgment or receipt for your donation. The form and content of such acknowledgment or receipt shall be determined by us in our sole discretion and in accordance with applicable law.
9.1 Third-Party Websites and Resources. The Site may contain links to or integrations with third- party websites, resources, services, or content, including without limitation: (a) websites operated by Payment Processors; (b) external educational or research resources; (c) social media platforms; and (d) other third-party organizations or service providers (collectively, "Third-Party Sites").
9.2 No Control; No Endorsement. Third-Party Sites are not under our control, and we are not responsible for the content, policies, or practices of any Third-Party Site. The inclusion of any link or reference to a Third-Party Site on the Site does not imply that we endorse, sponsor, or are affiliated with the Third-Party Site or its operators, or that we have reviewed or approved any content on the Third-Party Site.
9.3 Use at Your Own Risk. Your use of Third-Party Sites is at your own risk and is subject to the terms and conditions and privacy policies applicable to those Third-Party Sites. We encourage you to review such terms and policies carefully before using any Third-Party Site or providing any personal or financial information to any third party.
9.4 Linking to the Site. You may link to our homepage, provided you do so in a manner that: (a) is fair and legal; (b) does not damage or take advantage of our reputation; and (c) does not suggest any form of association, approval, or endorsement by us without our express prior written consent. We reserve the right to withdraw linking permission at any time, in our sole discretion and without notice.
10.1 Compliance with Applicable Laws. You agree to comply with all applicable local, state, national, and international laws, regulations, and ordinances in connection with your access to and use of the Site and the Content.
10.2 International Users. The Site is controlled and operated from within the United States and is intended for use by persons located within the United States. We make no representation that the Site or the Content is appropriate, lawful, or available for use in any other jurisdiction. If you access the Site from outside the United States, you do so on your own initiative and at your own risk, and you are solely responsible for complying with all applicable local laws.
10.3 Export Control. You may not use, export, re-export, or transfer any portion of the Site or the Content in violation of any applicable export control, embargo, or sanctions laws of the United States or any other jurisdiction.
11.1 General Disclaimer. To the maximum extent permitted by applicable law, your use of the Site and the Content is at your sole risk. The Site and all Content, information, materials, products, and services available on or through the Site are provided on an "as is," "as available," and "with all faults" basis, without any warranties of any kind, either express or implied.
11.2 No Warranties. Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, the Organization and its directors, officers, employees, volunteers, agents, contractors, licensors, suppliers, and representatives (collectively, the "Organization Parties") expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any warranties: (a) of merchantability; (b) of fitness for a particular purpose; (c) of title or noninfringement; (d) arising out of course of dealing, usage, or trade; or (e) relating to the accuracy, completeness, reliability, timeliness, or availability of the Site or the Content.
11.3 No Warranty as to Security or Error-Free Operation. Without limiting the foregoing, the Organization Parties do not warrant or guarantee that: (a) the Site will be secure, uninterrupted, timely, error-free, or free of viruses or other harmful components; (b) any defects or errors in the Site will be corrected; or (c) the Site or any Content will meet your requirements or expectations.
11.4 Educational and Informational Content. The Organization Parties do not warrant or guarantee the accuracy, completeness, or usefulness of any educational, research, or other Content provided on or through the Site, and any reliance you place on such information is strictly at your own risk.
11.5 Third-Party Content and Services. The Organization Parties do not warrant, endorse, guarantee, or assume responsibility for any product, service, information, or content offered, advertised, or provided by any third party, including any Payment Processor or Third-Party Site, whether or not linked to or referenced on the Site.
12.1 Exclusion of Certain Damages. To the maximum extent permitted by applicable law, in no event shall any of the Organization Parties be liable to you or to any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or other intangible losses, arising out of or in connection with: (a) your access to or use of, or inability to access or use, the Site or any Content; (b) any conduct or content of any third party on or related to the Site; (c) any unauthorized access to, or use, alteration, or disclosure of, your data, User Submissions, or other information; or (d) any donation, payment, transaction, or other interaction with or through a Payment Processor or other third party, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not any Organization Party has been advised of the possibility of such damages.
12.2 Cap on Direct Damages. To the maximum extent permitted by applicable law, the total aggregate liability of the Organization Parties to you for any and all claims arising out of or relating to these Terms, the Site, or the Content, regardless of the form of action, shall not exceed the greater of: (a) the total amount, if any, paid by you to the Organization through the Site during the twelve (12) month period immediately preceding the event giving rise to the claim; and (b) one hundred U.S. dollars (US $100).
12.3 Applicability of Limitations. The limitations and exclusions of liability in this Section 12 shall apply: (a) to the maximum extent permitted by applicable law; (b) even if any remedy fails of its essential purpose; and (c) regardless of the basis of liability or the form of action.
12.4 Jurisdictional Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers, exclusions, or limitations may not apply to you. In such jurisdictions, the liability of the Organization Parties shall be limited to the maximum extent permitted by applicable law.
13.1 Indemnity Obligation. To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Organization Parties from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) your access to or use of the Site or the Content; (b) your User Submissions, including without limitation any allegation that a User Submission infringes, misappropriates, or violates any intellectual property, proprietary, privacy, publicity, or other right of any third party, or violates any applicable law; (c) your donations or payment transactions made or attempted through any Payment Processor; (d) your violation of these Terms or of any applicable law or regulation; or (e) your negligence or willful misconduct.
13.2 Defense and Settlement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in the defense of such matter. You may not settle any claim without our prior written consent.
14.1 Copyright Complaints. We respect the intellectual property rights of others and expect users of the Site to do the same. If you believe that any Content or other material available on or through the Site infringes your copyright, you may notify our designated copyright agent as set forth in Section 14.3.
14.2 Notification Requirements. To be effective, your notification must be a written communication provided to our designated copyright agent that includes substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit us to locate the material on the Site; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14.3 Designated Copyright Agent. Notices of alleged copyright infringement should be sent to us at the contact information in Section 18 below.
14.4 Counter-Notification. If you believe that material you posted to the Site was removed or access to it was disabled by mistake or misidentification, you may send us a counter-notification that includes the information required by applicable law. We may, in our sole discretion, restore the material in accordance with applicable law.
14.5 Repeat Infringers. It is our policy, in appropriate circumstances and in our sole discretion, to disable or terminate the accounts or access rights of users who are repeat infringers.
15.1 Right to Terminate or Suspend. We may, in our sole discretion and without liability, suspend or terminate your access to or use of the Site, in whole or in part, at any time and for any reason or for no reason, including without limitation if we believe that: (a) you have violated these Terms or any applicable law; (b) your use of the Site poses a security or other risk to the Organization or to any third party; or (c) your use of the Site may create liability for the Organization.
15.2 Effect of Termination. Upon any suspension or termination of your access to the Site: (a) your right to use the Site will immediately cease; (b) any licenses granted to you under these Terms shall terminate; and (c) we may, without liability, disable or delete your account (if any) and any associated data or User Submissions, subject to our obligations under the Privacy Policy and applicable law.
15.3 Survival. The following provisions shall survive any expiration or termination of these Terms or of your use of the Site: Sections 3, 4, 5, 6, 7, 8.2–8.5, 9–17, and any other provision that by its nature should reasonably be deemed to survive.
16.1 Governing Law. These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Content (whether in contract, tort, or otherwise) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
16.2 Jurisdiction and Venue. Subject to any applicable requirements of law, you agree that any legal suit, action, or proceeding arising out of or relating to these Terms, the Site, or the Content shall be instituted exclusively in the state courts of the State of California located in Santa Cruz County, California, or in the United States District Court for the appropriate federal district of California, and you hereby consent and submit to the personal jurisdiction and venue of such courts. You waive any objection based on improper venue or forum non conveniens.
16.3 Time Limit for Claims. To the maximum extent permitted by applicable law, you agree that any cause of action or claim you may have arising out of or relating to these Terms, the Site, or the Content must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
17.1 Entire Agreement. These Terms, together with the Privacy Policy and any additional terms that we expressly provide to you in connection with specific portions of the Site or specific services or features, constitute the entire agreement between you and the Organization with respect to the subject matter hereof, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
17.2 Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
17.3 No Waiver. No waiver by the Organization of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Organization to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
17.4 Assignment. You may not assign or transfer these Terms, or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment in violation of this Section 17.4 shall be null and void.
17.5 Relationship of the Parties. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, fiduciary, or employment relationship between you and the Organization. You and the Organization are independent contractors, and neither party has any right or authority to assume or create any obligations on behalf of the other party.
17.6 Headings. The headings and section titles in these Terms are for convenience only and shall not affect the interpretation of these Terms.
17.7 Force Majeure. The Organization shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accident, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
17.8 Notices. Unless otherwise specified in these Terms, any notices or communications required or permitted under these Terms shall be in writing and shall be deemed given: (a) when delivered personally; (b) three (3) business days after being sent by certified or registered mail, return receipt requested, postage prepaid; or (c) one (1) business day after being sent by a nationally recognized overnight courier, in each case addressed to the Organization at the address set forth in Section 18, or to you at any contact information you have provided to us, or at such other address as either party may designate by notice to the other in accordance with this Section 17.8.
17.9 Interpretation. As used in these Terms, the words "including," "includes," and "include" shall be deemed to be followed by the words "without limitation."
18.1 Organization Contact Details. If you have any questions, comments, or concerns regarding these Terms, the Site, or the Content, or if you need to contact us for any other reason, you may contact us at:
18.2 Electronic Communications. When you contact us by email or through the Site, or when you visit or use the Site, you may be communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email, by posting notices on the Site, or by such other means as we may determine, subject to the Privacy Policy and applicable law.