TERMS AND CONDITIONS
TERMS OF SERVICE
This website is operated by MPACT Project. Throughout the site, the terms “we”, “us” and “our” refer to MPACT Project. MPACT Project offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MPACT Project, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless MPACT Project and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
Notwithstanding the foregoing, either party may bring an action before the courts seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to Funder and/or Advocate lists as well as other trade secrets, trademarks, trade names, patents, and copyrights. The parties may also seek judicial enforcement of an arbitration award. In all actions before the courts, the parties consent to exclusive jurisdiction and venue before the U.S. District Court for the District of Wisconsin, or state court residing in Manitowoc County, State of Wisconsin.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
Advocate Agreement Terms & Conditions
1. I understand that as a MPACT Project Advocate:
a. I have the right to offer MPACT Project products and services in accordance with these Advocate Agreement Terms and Conditions.
b. I have the right to enroll persons in MPACT Project as Funders and Advocates.
c. If qualified, I have the right to earn commissions pursuant to the MPACT Project Rewards Plan.
2. I agree to present the MPACT Project Rewards Program and MPACT Project products and services as represented on the website and in official MPACT Project communications.
3. I agree that as a MPACT Project Advocate I am an independent contractor, and not an employee, partner, legal representative, or franchisee of MPACT Project. I agree not to present myself as an employee, partner, legal representative or franchisee of MPACT Project to any third party. I agree that I will be solely responsible for paying all expenses incurred by myself, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF MPACT PROJECT FOR FEDERAL OR STATE TAX PURPOSES. MPACT Project is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind.
4. I understand that I will not be eligible to earn more than $600 in compensation under the Rewards program unless I have provided MPACT Project with my Social Security number, or a properly completed IRS Form W-9 that includes my Social Security or Federal Tax ID Number.
5. I understand that MPACT Project reserves the right to change the method by which commissions are calculated without notice.
6. I have carefully read and agree to comply with the MPACT Project Terms and Conditions and the MPACT Project Rewards Program, both of which are incorporated into and made a part of these Terms and Conditions (these three documents shall be collectively referred to as the “Agreement”). If I have not yet reviewed the MPACT Project Terms and Conditions and/or Rewards Program at the time I sign this Agreement, I understand that they are posted in my MPACT Project login at www.MPACTProject.com. I will review the MPACT Project Terms and Conditions and Rewards Program within five days from the date on which I sign this Agreement. If I do not agree to the MPACT Project Terms and Conditions or Rewards Program, my sole recourse is to notify the company and cancel my MPACT Project Agreement. Failure to cancel constitutes my acceptance of the MPACT Project Terms and Conditions and Rewards Program. I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from MPACT Project.
7. I understand that the Agreement may be amended at the sole discretion of MPACT Project, and I agree to abide by all such amendments. Notification of amendments shall be posted in my MPACTProject.com login. Amendments shall become effective 30 days after publication but amended policies shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. The continuation of my MPACT Project business or my acceptance of bonuses or commissions after the effective date of any amendment shall constitute my acceptance of any and all amendments.
8. The term of this Agreement is one year (subject to prior cancellation pursuant to the Terms and Conditions) and shall automatically renew for successive one year terms unless either party notifies the other that it does not wish to renew the Agreement. If MPACT Project elects not to renew the Agreement, it shall provide at least 30 days prior written notice. If I or MPACT Project choose not to renew the Agreement, or if it is canceled or terminated for any reason, I understand that I will lose all rights as an Advocate. I shall not be eligible to sell MPACT Project products and services nor shall I be eligible to receive future commissions, bonuses, or other income resulting from the activities of my former network organization after the agreement is canceled, whether by me or MPACT Project. In the event of cancellation, termination or non-renewal, I waive all rights I have, including but not limited to property rights, to my former network organization and to any bonuses, unearned commissions or other remuneration derived through the sales and other activities of my former network organization. MPACT Project reserves the right to terminate all Advocate Agreements upon 30 days notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. Advocate may cancel this Agreement at any time, and for any reason, upon written notice to MPACT Project at its principal business address or by email to firstname.lastname@example.org, or through the MPACT Project login at www.MPACTProject.com.
9. A participant in MPACT Project, and its Rewards Program, has a right to cancel at any time, regardless of reason. Cancellation may be submitted in writing to the company at its principal business address or may be given by email to support@MpactProject.com or through the MPACT Project login at www.MPACTProject.com.
10. Termination of Contract. I understand MPACT Project has the right to cancel this agreement immediately for any breach including, but not limited to, my failing to follow the terms of this contract.
11. I may not assign any rights under the Agreement without the prior written consent of MPACT Project. Any attempt to transfer or assign the Agreement without the express written consent of MPACT Project renders the Agreement voidable at the option of MPACT Project and may result in termination of my business.
12. I understand that if I fail to comply with the terms of the Agreement, MPACT Project may, at its discretion, impose upon me disciplinary sanctions as set forth in the MPACT Project Terms and Conditions. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any future bonuses or unearned commissions. I agree that MPACT Project may deduct, withhold, set-off, or charge to any form of payment I have previously authorized, any amounts I owe or am indebted to MPACT Project.
13. MPACT Project, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release and hold harmless MPACT Project and its affiliates from all claims for consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release and hold harmless MPACT Project and its affiliates from all liability arising from or relating to the promotion or operation of my MPACT Project business and any activities related to it (e.g., the presentation of MPACT Project products or Rewards Program, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify MPACT Project for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
14. The Agreement, as the Policies and Procedures cites, in its current form and as amended by MPACT Project at its discretion, constitutes the entire contract between MPACT Project and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
15. Any waiver by MPACT Project of any breach of the Agreement must be in writing and signed by an authorized officer of MPACT Project. Waiver by MPACT Project of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
16. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Agreement shall remain in full force and effect.
17. This Agreement will be governed by and construed in accordance with the laws of the State of Wisconsin without regard to principles of conflicts of laws. In the event of a dispute between an Advocate and MPACT Project arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through non-binding mediation as more fully described in the MPACT Project Terms and Conditions. MPACT Project shall not be obligated to engage in mediation as a prerequisite to disciplinary action against an Advocate. If the parties are unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by arbitration as more fully described in the MPACT Project Terms and Conditions.
18. Notwithstanding the foregoing, either party may bring an action before the courts seeking a restraining order, temporary or permanent injunction, or other equitable relief to protect its intellectual property rights, including but not limited to Funder and/or Advocate lists as well as other trade secrets, trademarks, trade names, patents, and copyrights. The parties may also seek judicial enforcement of an arbitration award. In all actions before the courts, the parties consent to exclusive jurisdiction and venue before the U.S. District Court for the District of Wisconsin, or state court residing in Manitowoc County, State of Wisconsin.
19. You authorize MPACT Project to use your name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
20. Use of Content. You agree that all content, materials, designs, text and images (collectively, the “Materials”) contained on the Site, including Advocate Virtual Office, are copyrighted property of MPACT Project and may not be used except as provided in these Advocate Agreement Terms and Conditions. Tools and images are made available in your Virtual Office for your use provided you do not change any copyright, trademark, or other proprietary notice. You agree not to modify material for any other purpose, doing so will be in violation of the intellectual property rights of the Company. The Company neither warrants nor represents that your use of the Materials will not infringe on the rights of third parties not affiliated with the Company. Any unauthorized use of the Materials is strictly prohibited and is a violation of the rights of the Company and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
21. I agree not to upload any of my images or other copyrighted material from third parties to MPACT Project website. I agree to hold MPACT Project harmless for any damage to computers, phones or any device as a result of using MPACTProject.com and related content. I agree to indemnify the company for any losses, damages, or claims to any third party.