Terms and Conditions
Pearls of Wisdom Foundation Terms and Conditions
1. Acceptance of Terms
These Terms constitute a legally binding agreement between you (“you” or “user”) and Pearls of Wisdom Foundation (“we,” “us,” or “our”). Your access to and use of the Website is subject to your acceptance and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.
2. User Accounts
You may create an account on the Website to access certain features, such as tracking donations, applying for scholarships, or signing up for our newsletter. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are also responsible for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach. We reserve the right to terminate or suspend your account at any time for any reason, without notice.
3. Donations
The Website allows you to donate to Pearls of Wisdom Foundation. All donations are final and non-refundable. We use a third-party payment processor to securely handle your credit card information. You represent and warrant that you have the legal right to use any payment method used to make a donation.
4. User Content
The Website may allow you to submit comments, posts, or other content (“User Content”). You retain all ownership rights to your User Content. However, by submitting User Content, you grant us a non-exclusive, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, translate, distribute, and display your User Content on the Website and other platforms.
You are solely responsible for your User Content and represent and warrant that your User Content does not infringe on the intellectual property rights or other rights of any third party. You agree to defend, indemnify, and hold harmless Pearls of Wisdom Foundation from any claims or liabilities arising out of or related to your User Content.
We reserve the right to remove or edit any User Content at our sole discretion.
5. Prohibited Activities
You agree not to use the Website for any unlawful purpose or in any manner that violates these Terms. Here are some examples of prohibited activities:
- Uploading or transmitting malware or viruses.
- Engaging in spam or other unsolicited communications.
- Harassing, threatening, or abusing other users.
- Impersonating any person or entity.
- Violating the intellectual property rights of others.
- Interfering with the operation of the Website.
We reserve the right to terminate or suspend your access to the Website for any violation of these Terms.
6. Intellectual Property
The Website and its content, including text, graphics, logos, images, and software, are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or commercially exploit any of the content without our express written permission.
7. Disclaimer of Warranties
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,AND SECURITY. WE DO NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR THAT IT WILL BE FREE FROM ERRORS OR VIRUSES.
8. Limitation of Liability
IN NO EVENT SHALL PEARLS OF WISDOM FOUNDATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE WEBSITE, OR ANY CONTENT OR SERVICES PROVIDED THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification
You agree to defend, indemnify, and hold harmless Pearls of Wisdom Foundation, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and costs (including reasonable attorneys’ fees) arising out of or related to your access to or use of the Website, or your violation of these Terms.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Morristown, New Jersey. The decision of the arbitrator shall be final and binding on the parties. You agree that you waive any right to a trial by jury or to participate in a class action lawsuit.
11. PEARLS OF WISDOM PROCEEDS
All proceeds generated through this Website will benefit the Pearls of Wisdom Foundation, Incorporated, a 501(c)(3) organization. The Pearls of Wisdom Foundation is organized exclusively for educational and charitable purposes. Your donations help us further our mission of providing scholarships to graduating high school seniors seeking to attain higher education, providing services to the community, and promoting educational activities.
12. Entire Agreement
These Terms constitute the entire agreement between you and us regarding your access to and use of the Website.
13. Amendment
We may amend these Terms at any time by posting the amended terms on the Website. You are responsible for checking the Terms periodically for updates. Your continued use of the Website following the posting of amended Terms constitutes your acceptance of the amended Terms.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
15. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
16. Contact Us
If you have any questions about these Terms, please contact us at [email protected].
17. Effective Date
These Terms are effective as of May 17, 2024.
