Participating Charity Terms and Conditions
Effective Date: February 1, 2017
WHCC may revise and update these Non-Profit Terms and Conditions at any time; please periodically review them, because your continued involvement with WHCC and the Event indicates your agreement with any such changes. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Non-Profit Terms and Conditions on the Site. If we make any material changes to these Non-Profit Terms and Conditions, we will endeavor to notify you in advance of such change, by highlighting the change on the Site or by sending an email to you at the email address that you have registered with us. You can determine when these Non-Profit Terms and Conditions were last revised by referring to the “Effective Date” at the top of these Non-Profit Terms and Conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of these Non-Profit Terms and Conditions.
By registering for the Event, you certify that you are a registered 501(c)(3) in good standing. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Non-Profit Terms and Conditions, you must contact WHCC and withdraw your registration immediately.
- Registration. In order to participate in the Event you are required to register with WHCC (your “Registration”). You are responsible for maintaining the confidentiality of your Registration. You shall not (i) select or use as your Registration a name of another entity with the intent to impersonate that entity; (ii) use as your Registration a name subject to any rights of an entity other than you without appropriate authorization; or (iii) use as your Registration a name that is otherwise offensive, vulgar or obscene.
You agree to: (i) provide true, accurate, current and complete information about yourself as submitted to WHCC, and (ii) maintain and promptly update your Registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WHCC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WHCC has the right to immediately suspend or terminate your Registration and refuse any and all current or future registration or eligibility for amounts donated (or any portion thereof) in its sole discretion.
WHCC hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Site for registration and fundraising, provided that you comply with these Non-Profit Terms and Conditions, and solely to the extent permitted under all applicable laws and regulations.
- Recruitment. In order to become eligible to receive donations from any individual registrants for the Event, you must register with WHCC at https://www.whcharitychallenge.com/pages/participating-charity-registration. Your Registration will be of no cost to you. You represent and warrant to WHCC that you have full legal authority and capacity to complete the Registration for the Event, including these Non-Profit Terms and Conditions, on your behalf. Once registered, your name will appear on a drop-down menu on the individuals’ registration page. Each individual registrant will have the option of choosing you from the drop down menu to receive 50% of the registration fee. We encourage you to direct individuals to register at [HYPERLINK].
- Disbursement of Donations. Each individual registrant will have the opportunity to choose a Non-Profit to receive 50% of the registration fee (the “Donations”). Every Donation is completely voluntary on the individual registrant’s part. The Donations will be distributed to their corresponding Non-Profit two weeks after the Event’s conclusion. WHCC makes no representations, guarantees, warranties, or assurances regarding the Donations, including, but not limited to, the amount thereof. Prior to disbursement, financial records regarding the Donations made to you will be made reasonably available upon reasonable request to Harry W. Hazelwood at email@example.com.
- Code of Conduct. In connection with your Registration, you agree that you will not, nor will permit anyone else to, indirectly or directly:
- use the Site or Materials (as defined in Section 5 below) for any unlawful purpose;
- express or imply that any statements you make are endorsed by us, without our prior written consent;
- impersonate any person or entity, whether actual or fictitious, including any employee, volunteer, officer, or representative of WHCC;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; and/or
- violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Ownership and Restrictions on Use. The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by WHCC or its licensors, and are intended to educate and inform you about the Event.
- Termination. These Non-Profit Terms and Conditions shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Non-Profit Terms and Conditions, and/or your Registration, at any time and for any reason, with or without cause. Upon termination of these Non-Profit Terms and Conditions, your Registration shall be immediately terminated, and you shall destroy all Materials obtained from WHCC and all copies thereof. You agree that any termination of your Registration may be effected without prior notice, and that WHCC may immediately remove your name as an option in the drop down menu on the individual registrant’s page. You agree that WHCC shall not be liable to you or any third party for any termination of your Registration, and shall not be required to make any related information or files available to you after any such termination.
- Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WHCC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
THE INFORMATION ON THE SITE OR OTHERWISE IS PROVIDED WITH THE UNDERSTANDING THAT WHCC IS NOT ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. WHCC ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE FOR ANY SITUATION WHICH YOU MAY HAVE.
IN MOST INSTANCES, THE ABILITY OF WHCC TO PROVIDE SERVICES IS DEPENDENT UPON A TELECOMMUNICATIONS NETWORK OR THE INTERNET, WHICH MAY NOT BE FULLY SECURED, AS WELL AS GOODS AND SERVICES PROVIDED BY VARIOUS OTHER VENDORS AND THIRD PARTIES. WHCC DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE SITE WILL MEET YOUR REQUIREMENTS, THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF WHCC, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. WHCC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WHCC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHCC AND/OR ITS AFFILIATED PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE NON-PROFIT TERMS AND CONDITIONS.
Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at firstname.lastname@example.org with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
- Limitation of Liability. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER WHCC NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, AT LAW OR IN EQUITY, ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, REGISTRATION AND/OR MATERIALS CONTAINED ON THE WEBSITE, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WHCC SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE THE SITE, PRODUCTS, SERVICES OR ANY LINKED WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR ANY LINKED WEBSITE; (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF WHCC; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY LINKED WEBSITE; (VI) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (VII) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (VIII) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE; (IX) THE TRUTH OR ACCURACY OF ANY CONTENT OR EVENT LISTINGS ON THE SITE; AND/OR (X) ANY OTHER MATTER RELATING TO THE SITE, OR WHCC PRODUCTS OR SERVICES. THE MAXIMUM TOTAL AGGREGATE LIABILITY OF WHCC, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT OF MONIES RECEIVED BY WHCC FROM YOU OR ONE HUNDRED AND NO/100 DOLLARS ($100.00).
- Indemnification. You agree to indemnify, defend and hold WHCC and its affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Non-Profit Terms and Conditions, including any violation of the Code of Conduct, above; (b) any allegation that any User Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your activities in connection with the Site; and/or (d) termination of your access to the Site.
- Arbitration Agreement.
(a) Except as prohibited by law, each party to these Non-Profit Terms and Conditions agrees that any claim, controversy or legal dispute arising out of or relating to these Non-Profit Terms and Conditions (hereinafter, a “Dispute”) will be resolved through binding arbitration administered by the American Arbitration Association (the “AAA”). This Provision is intended to be broadly interpreted and includes claims, controversies or disputes arising out of or relating to any aspect of the relationship between you and WHCC, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, in law or in equity, all of which shall be considered within the definition of “Dispute.” THE PARTIES UNDERSTAND THAT, EXCEPT AS EXPLICITLY SET FORTH TO THE CONTRARY HEREIN, THEY ARE WAIVING ANY RIGHT TO A JURY TRIAL WITH RESPECT TO DISPUTES. However, WHCC may not invoke its right to arbitrate any individual claim that you bring in small claims court, as long as it is brought and maintained as an individual claim. Notwithstanding the above, we both agree that you or WHCC may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Each party agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Non-Profit Terms and Conditions must be filed within two (2) years after such claim or cause of action arose or be forever barred.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Any Notice to us should be addressed to: Winter Haven Charity Challenge, 2109 Edgewater Circle, Winter Haven, Florida 33880 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or WHCC shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
(c) The arbitration will be conducted under and governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the AAA (collectively, the “AAA Rules”), except as specified in or modified these Non-Profit Terms and Conditions. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Section 10. All issues are for the arbitrator to decide, except that issues relating to the scope of the arbitration provision are for the court to decide (as described further in subsection (d) below). The rules promulgated by the AAA concerning class arbitration shall not apply. The payment of all arbitration fees will be governed by the AAA Rules.
(d) Notwithstanding the AAA Rules, the foregoing or any other provision of these Non-Profit Terms and Conditions (including this Provision), any disagreement or dispute concerning arbitrability (whether a particular Dispute is arbitrable) or the scope of this Provision shall be resolved by the United States District Court of and for the Middle District of Florida. If that United States District Court lacks subject matter jurisdiction, then any such disagreement or dispute shall be resolved by a Florida court of general jurisdiction. By way of example only (and not by limitation), if the parties do not agree on whether a particular Dispute is subject to arbitration under this Provision, the proper tribunal to decide such Dispute is the United States District Court of and for the Middle District of Florida or, absent subject matter jurisdiction in that United States District Court of and for the Middle District of Florida, in the appropriate Florida state court. The arbitrator shall stay all arbitration proceedings pending a decision from the appropriate court on disputes under this subsection (d). The arbitrator shall follow, adhere to and defer to the decision, order, decree or judgment of the court following the court’s decision of any such dispute under this subsection (d). Any action, award or partial award of the arbitrator in contravention of this limitation may be the subject of court appeal by the aggrieved party. No other aspect of any ruling by the arbitrator shall be appealable, and all other aspects of the arbitrator’s ruling shall be final and non-appealable, except as set forth herein.
(e) WAIVER OF CLASS-WIDE PROCEEDINGS: You agree that, by entering into these Non-Profit Terms and Conditions, you and we are each waiving the right to participate in a class action or class arbitration. Each party to these Non-Profit Terms and Conditions agrees and covenants that it will not initiate any class-wide proceedings, including class actions or class arbitrations, against another party, and will not act as a class representative or class member. This provision constitutes an agreement that any Dispute will be resolved exclusively on a bilateral basis between the parties, with each party acting in his/her/its individual capacity. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason the prohibition on class arbitration in this subsection (e) is not or cannot be enforced, then the agreement to arbitrate will not apply.
(f) these Non-Profit Terms and Conditions evidence a transaction in interstate commerce, and thus the Federal Arbitration Act (the “FAA”) governs the interpretation and enforcement of this provision. Florida state law and procedures concerning arbitration shall apply to these Non-Profit Terms and Conditions only to the extent that they do not conflict with and are not inconsistent with the FAA. This Provision shall survive termination of these Non-Profit Terms and Conditions.
(g) Unless both parties agree otherwise, any arbitration hearings will take place in Polk County, Florida. Subject to the terms of this Provision, all Disputes shall be decided by a single arbitrator, who shall be either: (1) a retired federal judge; (2) a retired state court judge who sat on a trial court or appellate court for at least five (5) years; or (3) an attorney admitted to practice in the state in which the Dispute will be resolved for at least twenty-five (25) years with no disciplinary history. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the Notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA and request selection of an arbitrator in accordance with the applicable AAA Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted.
(h) This Provision is not intended to modify or limit the remedies available to either party, including the right to seek interim relief, such as injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. Any Dispute that is not arbitrated, including any judicial action to enforce this arbitration provision will be litigated exclusively in the United States District Court of and for the Middle District of Florida and the parties hereby consent and submit to the jurisdiction and venue of such court. If that United States District Court of and for the Middle District of Florida lacks subject matter jurisdiction, then any such disagreement or dispute shall be resolved by the Florida state court of general jurisdiction.
(i) The arbitrator shall have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; provided, however, that in no event shall the right to discovery granted to the parties to these Non-Profit Terms and Conditions exceed ten (10) interrogatories, twelve (12) documents requests, two third-party subpoenas, and one deposition (of not more than four hours), per side. The parties may submit such pre-arbitration and post-arbitration briefs (including briefs during arbitration) as they choose, provided that no party shall submit briefing exceeding a reasonable page limitation to be set by the arbitrator. In the event any party submits a motion, the arbitrator shall consider the motion and either deny it or request opposition briefing by the non-moving party, which shall not be required until requested by the arbitrator. The arbitrator may not grant a motion without allowing the opposing party an opportunity to oppose. The total length of the arbitration hearings on the merits shall not exceed 10 hours of hearing time, to be divided equally between the opposing sides. All discovery shall be completed no later than sixty (60) days after appointment of the arbitrator. The hearing shall be concluded no later than one hundred eighty (180) days after appointment of the arbitrator, unless the arbitrator’s schedule requires a later hearing. The arbitrator may only extend these limits at the request of a party when the arbitrator finds exceptional cause for the extension. The parties may extend these limits by mutual agreement.
(j) The arbitrator shall be required to issue a written arbitration decision including the arbitrator’s essential findings, conclusions and a statement of award. Except as set forth herein, the arbitrator shall have exclusive authority to resolve all Disputes.
- Applicable Law. You and WHCC agree that the statutes and laws of the State of Florida, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Site.
- Notice. WHCC may provide you with notices, including those regarding breaches of security, by email, regular mail or postings on the Site. All notices from you to WHCC must be sent to Winter Haven Charity Challenge, 2109 Edgewater Circle, Winter Haven, Florida 33880 or email@example.com and such notices will be deemed received the next day if sent via email, overnight mail or courier or three (3) days after deposited in the mail sent certified or registered.
- Severability. You further expressly agree that these Non-Profit Terms and Conditions is intended to be as broad and inclusive as permitted by applicable law, and if any provision of these Non-Profit Terms and Conditions is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of these Non-Profit Terms and Conditions (including, without limitation, all portions of any provisions containing any such enforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby; and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Liability Waiver shall be deemed amended accordingly.
- Miscellaneous. WHCC may assign its rights and obligations under these Non-Profit Terms and Conditions and, upon such assignment, WHCC may be relieved of any further obligation hereunder. You may not assign any of your rights or obligations under these Non-Profit Terms and Conditions. Any assignment in violation of these terms is void.
Rights and obligations under these Non-Profit Terms and Conditions which by their nature should survive will remain in full effect after termination or expiration of these Non-Profit Terms and Conditions.
You represent to WHCC that you have the authority to register with WHCC according to these Non-Profit Terms and Conditions. The failure of WHCC to exercise or enforce any right or provision of these Non-Profit Terms and Conditions shall not constitute a waiver of such right or provision. The section titles in these Non-Profit Terms and Conditions are for convenience only and have no legal or contractual effect. WHCC may provide you with notices, including those regarding changes to these Non-Profit Terms and Conditions and notices regarding breaches of security, by email, regular mail or postings on the Site. Except for certain WHCC licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Non-Profit Terms and Conditions. A printed version of these Non-Profit Terms and Conditions and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Non-Profit Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.