The International Window Cleaning Association (IWCA) Terms of Service
Last Updated: These Terms of Service were last updated on 25 July 2023.
This is the International Window Cleaning Association's (Hereafter referred to as the "IWCA") Terms of Service agreement. For purposes of this agreement, "Site" refers to the IWCA's website, which can be accessed at iwca.org or members.iwca.org. "Services" refers to the IWCA's services accessed via the Site, in which users can access courses on Campus IWCA, download various documents (including PDF guides, official logos, etc.), connect with third-party websites and services (such as the American Ladder Institute), download certificates of completion, upload personal and business information that will be displayed to other members and/or to any visitor to our Site (such as on a publicly-accessed database that includes member contact information and may or may not include any and all personal or business information you upload to your profile), and other services not mentioned here that may be added in the future.
The following Terms of Service apply when you view or use our Services via iwca.org and members.iwca.org.
Please review the following terms carefully. By accessing or using our website and Services, you signify your agreement to these Terms of Service. If you do not agree to be bound by these Terms of Service in their entirety, you may not access or use our Services.
ABOUT OUR SERVICES
By becoming a member and using our Services, you will be able to access courses on Campus IWCA, download various documents (including PDF guides, official logos, etc.), connect with third-party websites and services (such as the American Ladder Institute), download certificates of completion, upload personal and business information that will be displayed to other members and/or to any visitor to our Site (such as on a publicly-accessed database that includes member contact information and may or may not include any and all personal or business information you upload to your profile), and other services not mentioned here that may be added in the future.
REGISTRATION FOR MEMBERSHIP, RULES FOR MEMBER CONDUCT, AND USE OF SERVICES
You need to be at least 13 years old to register as a member and to use our Services. If you are a user who signs up as a member for our Services, you will create a personalized account which includes a unique username and a password to access our Members Site and Services and to receive messages from the IWCA. You agree to notify us immediately of any unauthorized use of your password and/or account. The IWCA will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password, and/or account.
MEMBERSHIP PAYMENTS, RENEWALS, AND CANCELLATIONS
By paying your membership initiation fee and signing up for a membership subscription, or by paying your annual membership fee in full, you authorize the IWCA to charge the credit card you provide on file for your membership fee, whether that be a monthly charge for your subscription or an annual charge for your annual membership fee. For membership subscriptions, you will automatically be charged each month on the day of the month your membership subscription was initiated by you. For annual membership fees, you will automatically be charged on the anniversary of the date you initiated your membership. If the credit card you have on file is unable to be charged, you will receive a notification email stating that your payment failed. You will have a 30-day grace period to update your payment method in your profile, during which time you will receive several reminders. If you fail to update your payment method, or if your updated payment method also fails, your membership will be cancelled after 30 days. If you need help updating your payment method, or if you would like to make other payment arrangements, contact us at firstname.lastname@example.org. You may cancel your subscription at any time from your membership account, or by sending an email to email@example.com. Cancellations can take up to 15 working days to complete and refunds can take up to 15 days to appear in your account after the cancellation and refund are initiated. Only cancellations received 30 days or more from your membership payment date are eligible for refund. This policy is to prevent abuse of our exclusive membership benefits, services, and programs.
Your permission to use the Members Site is conditioned upon the following use, posting, and conduct restrictions:
You agree that you will not under any circumstances:
- Access the Members Site for any reason other than for your personal use solely as permitted by the normal functionality of the Services on the Site;
- Collect or harvest any personal data of any user of the Site or the Services, except for those available for public use;
- Use the Members Site or the Services for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- Distribute any part or parts of the Members Site or the Services offered without our explicit written permission;
- Use the Members Site or Services for any unlawful purpose or for the promotion of illegal activities;
- Attempt to harass, abuse, or harm another person or group;
- Use another member's account without permission;
- Intentionally allow another user to access your account;
- Provide false or inaccurate information when registering an account;
- Interfere or attempt to interfere with the proper functioning of the Members Site or Services;
- Make any automated use of the Members Site, Services, or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Bypass any robot exclusion headers or other measures we take to restrict access to the Members Site and Services, or use any software, technology, or device to scrape, spider, or crawl the Members Site or Services or harvest or manipulate data;
- Circumvent, disable, or otherwise interfere with any security-related features of the Members Site or Services or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Services; or
- Publish or link to malicious content of any sort, including that intended to damage or disrupt another user's or member's browser or computer.
POSTING AND CONDUCT RESTRICTIONS
When you sign up as a member and create your own personalized account, certain personal and business information ("User Content") will be required for signup, and you may also be able to provide other information. We may require the following personal information to become a member: your email address, name, contact information, company name, company address, business type, company website, etc. In addition to this personal information, you may also choose to upload other information to your profile, including a profile picture, additional company and business information, employee information, phone numbers, your birthdate, information on how you found out about the IWCA, convention attendance, course information and data, and any additional information that may be added in the future by you. We may also permit you to use a public message board, in which case, everything you post to the message board will be visible to the public and in the public domain.
You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Members Site and Services. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The IWCA, however, reserves the right to remove any User Content from the Members Site and Services at its sole discretion.
We grant you permission to use and access the Members Site and Services, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Members Site and Services, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, libelous, false, or inaccurate;
- You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- You retain all ownership rights in your User Content but you are required to grant the following rights to the Members Site and to users of our Services as set forth more fully under the "License Grant" and "Intellectual Property" provisions below: When you upload or post User Content to the Members Site or Services, you grant the Members Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Services; and you grant to each user of the Services a worldwide, non-exclusive, royalty-free license to access your User Content through the Members Site or Services, and to use, reproduce, distribute, prepare derivative works of, display, and perform such Content to the extent permitted by the Services under these Terms of Service;
- You will not submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, to remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Members Site or Services is solely your responsibility. The IWCA is not responsible for any public display or misuse of your User Content posted on the Members Site or Services.
The IWCA does not, and cannot, prescreen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Members Site and Services or with other Users.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Members Site and Services, but not directly by the IWCA, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Members Site or Services, nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Members Site or Services. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on the information or other content posted on the Members Site or Services, or transmitted to users.
Though we strive the enforce these Terms of Service, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Members Site or Services. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or Services or to limit or deny a user's access to the Site or Services or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful, or malicious. Emails sent between you and other participants, users, or members that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. The IWCA shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State, and local law. If you become aware of a misuse of our Site or Services or a violation of these Terms of Service, please contact us at firstname.lastname@example.org.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Site and Services, we may provide you with convenient links to third-party website(s) ("Third-Party Sites") as well as content or items belonging to or originating from third parties (the "Third-Party Applications, Software, or Content"). These links are provided as a courtesy to members and users of the Site and Services. We have no control over Third-Party Sites or Third-Party Applications, Software, or Content or the promotions, materials, information, goods, or services available on these Third-Party Sites or Third-Party Applications, Software, or Content. Such Third-Party Sites and Third-Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Sites accessed through the Site and Services or any Third-Party Applications, Software, or Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software, or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third-Party Sites or install any Third-Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Service, no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any Third-Party Site to which you navigate from the Site or relating to any applications you use or install from the Third-Party Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users and members of our Site and Services do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users and members of our Site and Services who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site or Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) ("DMCA") by sending the following information in writing to us at email@example.com, which we will forward to our designated copyright agent:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site or Services is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to us at firstname.lastname@example.org, which we will forward to our designated copyright agent:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good-faith belief that the content was removed as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the State of Georgia, USA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us or by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may (at our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
By posting any User Content via the Site or Services, you expressly grant, and you represent and warrant that you have a right to grant, to the IWCA a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site and Services.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyright, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Site or Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Service.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Site's or Service's email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents, or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or Services and special offers. You may opt out of such email by using the "Unsubscribe" link in the message, or by sending an email to email@example.com, or mail to the following postal address:
905 S Martin Luther King, Jr. Blvd
Americus, GA 31719
Opting out may prevent you from receiving messages regarding the Site, the Services, or special offers, which could include changes to our membership pricing or packages.
The Site and Services are provided "As Is," without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied, or statutory, regarding the Services, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement. Without limiting the foregoing, we make no warranty or representation that access to or operation of the Site or Services will be uninterrupted or error-free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content, or other material obtained from the Site or Services. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
LIMITATION OF DAMAGES; RELEASE
To the extent permitted by applicable law, in no event shall the Site, the Services, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from: (a) the use, disclosure, or display of your user content; (b) your use or inability to use the Site or Services; (c) the Site or Services generally or the software or systems that make the Site or Services available; or (d) any other interactions with use of or with any other user of the Site or Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
If you have a dispute with one or more users, vendors, or any other third-party provider of products or services, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Site or Services, you may specifically waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
MODIFICATION TO TERMS OF SERVICE
We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site and/or the Services signifies your agreement to our revisions to these Terms of Service. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signatures of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
If any part of this Terms of Service agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force or effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the IWCA must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Service and your use of the Site and/or Services are governed by the federal laws of the United States of America and the laws of the State of Georgia, USA, without regard to conflict of law provisions.
International Window Cleaning Association
905 S Martin Luther King, Jr. Blvd, Suite D | Americus, GA 31719 • 888.522.1905