Our Commitment to Our Donors
We will not sell, share or trade our donors’ names or personal information with any other entity, nor send mailings to our donors on behalf of other organizations. This policy applies to all information received by United Way of Pennsylvania and its subsidiary, PA 211, both online and offline, on any Platform (“Platform”, includes the United Way of Pennsylvania or PA 211 website), as well as any electronic, written, or oral communications.
Effective as of August 1, 2019
Your privacy is a priority for United Way of Pennsylvania (https://www.uwp.org) (sometimes referred to as “UWP”, “us”, or “we”) and its subsidiary, PA 211 (https://www.pa211.org) and we want you to be familiar with how we collect, use, and disclose information relating to you, your computer, or your device and that enable your identification (the “Personal Information”). This Privacy Statement describes our practices with information that we (or our service providers) collect from a user (sometimes referred to as “you” or “your”) through our websites, applications, and our other network-connected products and services that link to this Privacy Statement (collectively, the “Site”). This Privacy Statement only addresses information collected directly through or from our Site – it does not address or govern any information-gathering, use, or dissemination practices related to information collected from you other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.
1. Collection of Personal Information from Users
When you interact with us through the Site, we may collect information from you as described below.
a. Information You Provide
Some elements of the Site may ask you to submit Personal Information in order for you to benefit from the specified features or participate in a certain activity, such as newsletter subscriptions, SMS alert signups, or donation processing. For example, if you register for an account on the Site, we may request Personal Information such as your name and contact information. If you make a donation on the Site, we will collect your credit or debit card or other financial account information. When you perform a search within the Site, UWP may record information identifying you or linking you to the search performed and recording information related to the search request. We may combine information you submit through the Site with other information we have collected from you, whether on-line or off-line. We treat the combined information in accordance with this Privacy Statement.
b. Sensitive Information
Unless we specifically request or invite it, we ask that you not send or otherwise disclose to us your racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership. In those cases where we may request or invite you to provide the foregoing information, we will only do so with your express consent, in accordance with applicable data protection law requirements. Where you provide us with such information without request from UWP, we reserve the right (but do not have any obligation) to erase any such information at our discretion.
c. Information About Minors
The Site is not intended for persons under the age of 16. We do not knowingly collect Personal Information online from persons in this age group. We reserve the right to delete any information identified as having been provided by such persons at our discretion.
d. Location Information
Any comment system on the Site may utilize an opt-in Geolocation service in accordance with a prevailing community standard such as HTML 5. Such Geolocation opt-in ability is managed by the user’s browser settings. If a user chooses to opt-in to the Geolocation service, the user’s comments may be associated with the user’s location, both internally within UWP and publicly on the Sites.
e. Passive Information Collection, Use, and Choices
As you navigate the Site, certain Personal Information may be passively collected, meaning it is gathered without your actively providing it. This is done using the following techniques in the following ways:
IP Addresses: An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our Site, we may view the IP address of the device you use to connect to the Internet. We use this information to determine the general physical location of the device and understand from what geographic regions our website visitors come. We also may use this information to enhance our Site.
Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type and operating system type and version screen resolution, and Internet browser type and version.
Social Media Widgets: Our Site may include social media tools, including social media widgets or plug-ins, to connect you to your social media accounts. These features may set a cookie or use other automatic collection and tracking technologies to collect information about you and your use of the social media features through and in connection with our Site. These social media tools may be hosted by a third party. Your interactions with these tools and the corresponding social media platforms are governed by the privacy policies of the companies that provide such platforms.
Our site currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Statement whether or not a DNT signal is received, as there is no consistent industry standard for compliance.
2. How We Use the Information We Collect
We use Personal Information submitted by you or otherwise collected through the Site and through other sources for the purposes described in this Privacy Statement and as otherwise described to you at the point of collection. Generally, we use the information you provide to us for the reason for which it was provided. For example, if you sign up to receive email notifications, we will contact you by email. If you provide us with information to make a donation, we will use the information to process your donation. If you sign up to receive SMS alerts, we will contact you via SMS. Specifically, we may use Personal Information from or about you:
i. to respond to your inquiries and to send you information that you request and to process your donations;
ii. to send you important information regarding our relationship with you or regarding the Site, changes to our terms, conditions, and policies, and other administrative information;
iii. to notify you about upcoming events and donations;
iv. to promote our products and services, and the products and services of our affiliates;
v. for our business purposes, such as data analysis, audits, recordkeeping, developing new products or services, enhancing the Site, improving our services, identifying Site usage trends, optimizing your experience on the Site, and determining the effectiveness of our fundraising campaigns;
vi. if you choose to complete a survey, we may use the information for purposes of evaluating your feedback from the survey; and
vii. if we intend to collect and use Personal Information for another purpose, we may seek your permission at the time the information is collected.
We may use any information that does not personally identify you, your computer, or your device, for any purpose.
3. Our Disclosure of Your Information.
UWP does not sell your Personal Information. We may share your Personal Information with third parties only as described in this Privacy Statement or as otherwise described at the point where we collect the information from you, including:
i. to our affiliates and other United Way organizations for the purposes described in this Privacy Statement;
ii. to the companies or individuals that we hire to provide services to us, such as website hosting services and payment processing; and
iii. to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, or assets (including in connection with any bankruptcy or similar proceedings).
4. Uses and Disclosures to Comply with Laws.
In addition, we use and disclose Personal Information collected through the Site as we believe to be necessary or appropriate: (i) under applicable law, including laws outside your country of residence; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iv) to enforce our terms and conditions; (v) to protect our operations or those of any of our affiliates; (vi) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain.
5. Links to Third Party Sites.
6. Where Your Information is Processed.
UWP is based in the United States. No matter where you are located, your Personal Information will be collected and processed in the United States. The laws of the United States and other countries governing data protection may not be as comprehensive or as protective as the laws in the country where you live.
UWP will take reasonable steps to protect the information collected and provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, you should understand that no transmission over the Internet is ever fully secure. Also, UWP uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. UWP will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that UWP shall not be liable to you for any modification, suspension or discontinuance of the Site.
8. Data Retention
We generally retain Personal Information for so long as it may be relevant for the purposes identified in this Privacy Statement, unless a longer period of time is required by law.
9. Lawful Basis for Processing Your Personal Information.
The laws in some countries require us to tell you about the lawful grounds we rely on to collect, use, disclose, and otherwise process your Personal Information. To the extent those laws apply, our lawful bases for processing your Personal Information is in support of our legitimate interests, where those interests are not overridden by your fundamental rights and freedoms: In many cases, we handle Personal Information because it furthers our legitimate business and charitable interests. This includes:
-Providing a safe user experience on our Site;
-Sending communications to you to let you know about what we are doing with your donations and to solicit additional donations;
-Protecting users, our workers, and our property;
-Analyzing and improving our operations (e.g., optimizing the design and operation of our Site); and
-Managing legal issues.
This Privacy Statement is issued on behalf of United Way of Pennsylvania as controller of your Personal Information under applicable data protection laws. A “controller” is the person or organization who alone or jointly determines the purposes for which, and the manner in which, any Personal Information is, or is likely to be, processed.
10. Your Data Rights and Choices.
You can opt-out of the use of certain cookie-related processing by following the instructions in Section 1(e)above (Passive Information Collection, Use, and Choices).
If you are within the European Union, you have the following rights:
-You have the right to request from UWP access to your personal data, and the rectification of inaccurate personal data concerning you.
-You have the right to obtain from UWP the erasure or the restriction of processing of your personal data in certain circumstances, including when the data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, except when UWP is required by law to maintain or otherwise process your personal data, for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another person.
You may exercise these rights by contacting UWP using the contact information provided above.
If you are within the European Union, you also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your habitual residence, place of work, or place of an alleged infringement of the applicable data protection law. However, we encourage you to contact us first at email@example.com and we will try to resolve your concerns.
If you would like to submit a data access, correction, restriction, or deletion request, you can do so by contacting us at firstname.lastname@example.org and we will process such request with respect to any Personal Information that we are able to link to you individually based on the information that you can provide to us. These rights and options that you have with respect to Personal Information are subject to limitations and exceptions under applicable law.
11. Right to Change Privacy Statement.
UWP reserves the right at any time to modify, alter, or update this Privacy Statement. Your use of the Site following any changes means that you agree to follow and be bound by the Privacy Statement as changed, subject to limitations under applicable law. Any change to this Privacy Statement shall be effective as to any user who has visited the Site before the change was made. Please review this policy periodically, and especially before you provide any Personal Information to us. The Privacy Statement was last updated on the date indicated above.
12. Contacting Us.
For questions about this website, please contact us at email@example.com.
For questions about privacy or handling of your personal information, please contact us at firstname.lastname@example.org.
To contact us by mail:
United Way of Pennsylvania
20 Erford RD, Suite 215
Lemoyne, PA 17043
TERMS AND CONDITIONS
Welcome to the United Way of Pennsylvania website, operated by United Way of Pennsylvania (“UWP”) and located at https://www.uwp.org/ (the “Site”), and the PA 211 website, operated by PA 211 (a subsidiary of UWP), and located at https://www.pa211.org. The following terms and conditions (“Terms”) govern your use of each Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 16 years of age, you are not granted permission to use this Site and must exit immediately.
1. Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, UWP / PA 211 is not responsible for any errors or omissions in the Site or Site Materials, as defined in Section 3 of these Terms and Conditions.
2. Registration. In order to access certain content, services, products or benefits on the Site, you may be asked to register and create an account. As part of the registration process, you must click to agree to these Terms, and may then be asked to select a user name and password. You may also be required to provide UWP or PA 211 with certain information about yourself including some types of personally identifying information such as your email address, telephone number, or your address. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us by email at email@example.com. You can unsubscribe from UWP or PA 211 email newsletters by clicking the “Unsubscribe” button at the bottom of each email, or by emailing firstname.lastname@example.org with the word “UNSUBSCRIBE.” See SMS Terms and Conditions for 898-211 (aka TXT211) alerts, below.
3. SMS Terms and Conditions.
SMS Terms and Conditions for 898-211 (aka TXT211) alerts
PACOVID provides up to 8 SMS messages per month on PA-relevant COVID-19-related news alerts, information on resources that can help meet basic needs (bills, food, housing, etc.), and guidance on federal and state relief legislation.
PAREADY provides up to 8 SMS messages per month on PA-relevant general information on resources that can help meet basic needs (bills, food, housing, etc.)
Alerts sent via SMS may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be received in a timely manner and that your wireless carrier does not guarantee that alerts will be delivered.
Carriers are not liable for delayed or undelivered messages.
TXT211 is not a substitute for 9-1-1 (emergency services), 4-1-1 (telephone directory assistance) or other specialized hotlines or automated recordings. TXT211 supports individuals with hearing/speech impairments who by text their zip code to 898-211, or they may also call 7-1-1. Translation services are available to those contacting TXT211 Alerts by texting their zip code to 898-211, although referrals are only provided in English.
Copyright: All content including text, graphics, logos, buttons, icons, and images, is the property of TXT211 Alerts and its licensers or its content suppliers, and is protected by U.S. and international copyright and trademark laws. You may not copy, publish, distribute, create derivative works of, or commercially exploit the content provided by Txt211 Alerts and its licensers.
Trademarks: TXT211 Chat and the Txt211 Chat logo and all other trademarks, servicemarks, and trade names appearing in connection with Txt211 services, are property of Educational Message Services or their respective owners that have granted Txt211 Chat the right to use such marks (United Way 211 Network)
Use of Information and Services: The information and services provided by Txt211 Alerts are for informational purposes only.
THE INFORMATION, SERVICES, AND MATERIALS OF TXT211 ALERTS ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TXT211 ALERTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, TXT211 ALERTS DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA TXT211 IS CURRENT, COMPLETE, OR ERROR-FREE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL TXT211 ALERTS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING FROM YOUR USE TXT211 ALERTS OR THE PROVISION OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS PROVIDED BY TXT211 ALERTS, EVEN IF TXT211 ALERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
External Sites: TXT211 Alerts may provide links to other sites on the Internet that are owned and operated by third parties, or other contact information for third parties. You acknowledge that TXT211 Alerts is not responsible for the availability of, or the content located on or through, any such external site or third party.
Termination of Usage: Txt211 Alerts may terminate or suspend your access to all or part of Txt211 services, without notice, for any conduct that Txt211, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a sponsor, merchant or other third party, or Txt211 Alerts services.
Modification of Terms and Conditions: Txt211 Alerts reserves the right, at any time, to modify, alter or update these Terms and Conditions and you agree to be bound by such modifications, alterations or updates.
SMS Terms and Conditions 898211 (aka TXT211 or Txt 211, or Txt-211) Information and Referral Chat
Text your zip code to 898-211 to connect with a live PA 211 resource navigator, who can make referrals to local resources that may be able to help with basic needs (bills, food, housing, etc.) or information on community resources.
TXT211 (898211) is provisioned as a text message service for PA 211 communication and their partners, affiliates and stakeholders providing the same services, by the same individuals who manage 211 Services for various states, regions throughout the US. For example, users of Txt211 Chat can access:
- Basic human needs resource (food, clothing, shelter, temporary financial assistance, transportation, disaster)
- Physical and mental health resources (crisis intervention, prenatal care, support groups, counseling, drug and alcohol intervention, rehabilitation, children’s health insurance programs)
- Financial stability (EITC, WIC, credit counseling, food stamps, rent and utility assistance, unemployment benefits, job training, education programs)
- Support for older Americans and persons with disabilities (home health care, adult day care, congregate meals, Meals on Wheels, respite care, transportation, homemaker services)
- Support for children, youth and families (childcare, after-school programs, family resource centers, summer camps, recreation programs, mentoring, tutoring, literacy programs, protective services)
- Volunteer opportunities and donations
- Support for community crisis or disaster recovery
Alerts sent via SMS may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered.
TXT211 Chat is not a substitute for 9-1-1 (emergency services), 4-1-1 (telephone directory assistance) or other specialized hotlines or automated recordings. Txt211 Chat supports individuals with hearing/speech impairments or they may also call 7-1-1. Translation services are available to those contacting Txt211 Chat.
Copyright: All content including text, graphics, logos, buttons, icons, and images, is the property of TXT211 Chat and its licensers or its content suppliers, and is protected by U.S. and international copyright and trademark laws. You may not copy, publish, distribute, create derivative works of, or commercially exploit the content provided by Txt211 Chat and its licensers.
Trademarks: TXT211 Chat and the Txt211 Chat logo and all other trademarks, servicemarks, and trade names appearing in connection with Txt211 services, are property of EMS or their respective owners that have granted Txt211 Chat the right to use such marks (United Way 211 Network.)
Use of Information and Services: The information and services provided by Txt211 Chat are for informational purposes only.
THE INFORMATION, SERVICES, AND MATERIALS OF TXT211 CHAT ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TXT211 CHAT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, TXT211 CHAT DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA TXT211 CHAT IS CURRENT, COMPLETE, OR ERROR-FREE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL TXT211 CHAT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING FROM YOUR USE OF THIS SITE OR THE PROVISION OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS PROVIDED BY TXT211 CHAT, EVEN IF TXT211 CHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
External Sites: TXT211 Alerts may provide links to other sites on the Internet that are owned and operated by third parties, or other contact information for third parties. You acknowledge that TXT211 Alerts is not responsible for the availability of, or the content located on or through, any such external site or third party.
Termination of Usage: Txt211 Chat may terminate or suspend your access to all or part of Txt211 Chat services, without notice, for any conduct that Txt211 Chat, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a sponsor, merchant or other third party, or Txt211 Chat services.
Modification of Terms and Conditions: Txt211 Chat reserves the right, at any time, to modify, alter or update these Terms and Conditions and you agree to be bound by such modifications, alterations or updates.
4. Proprietary Rights. As between you and UWP, UWP owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and UWP, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to UWP or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
5. Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with UWP; (c) attempting to gain unauthorized access to UWP’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; or (d) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You may use the Site and the Site Materials consistently with Section 3 of these Terms. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of UWP is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to UWP and that in the event of such unauthorized use, UWP shall be entitled to an injunction in addition to any other remedies available at law or in equity.
6. Materials Submitted to the Site. Certain features of the Site may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Site (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Content or other material or information to UWP, you grant UWP a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
7. Third Party Web Sites and Content. The Site is available for informational purposes only. The Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of such third party links, the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. UWP does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. UWP does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Site.
9. Disclaimer. UWP, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements or other items contained within the Site. UWP reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. UWP cannot and does not review all communications or products made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. UWP AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
10. LIMITATION of Liability. UWP AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR UWP HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF UWP AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF UWP AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site or with any of these Terms, or feel UWP has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
11. Indemnification. You shall indemnify UWP and its directors, officers, employees, agents, contractors and licensors (“UWP Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to UWP, or any breach by you of these Terms and shall indemnify and hold UWP Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of UWP. UWP or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If UWP or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to UWP, subject to the right of UWP to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
12. Internet Security. UWP uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. UWP will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that UWP shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content 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. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to UWP via the Site or the Internet, including, for example, personal information such as your name or address.
13. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify UWP by email at email@example.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
14. Changes to these Terms; Termination. UWP reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. UWP may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing UWP with untrue or inaccurate information about yourself, for infringement upon UWP proprietary rights, or for any other reason whatsoever or for no reason.
15. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and UWP with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of Harrisburg, Pennsylvania, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in Harrisburg, Pennsylvania ; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
16. Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, UWP makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of UWP to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”