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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 terms “we,” “us,” and “our” refer to the IWCA. “You” refers to you, as a user of our Site or our Services. By becoming a member, accessing our Site, and using our Services, you accept our Privacy Policy and Terms of Service, and you consent to our collection, storage, use, and disclosure of your Personal Information as described in this Terms of Service agreement and in our Privacy Policy.
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.
PRIVACY POLICY
The IWCA respects the privacy of its members. Please refer to the IWCA’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use our website or Services, you signify your agreement to the Privacy Policy as well as these Terms of Service.
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 info@iwca.org. You may cancel your subscription at any time from your membership account, or by sending an email to info@iwca.org. 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.
USE RESTRICTIONS
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:
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 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 info@iwca.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 info@iwca.org, which we will forward to our designated copyright agent:
(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 info@iwca.org, which we will forward to our designated copyright agent:
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.
LICENSE GRANT
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.
INTELLECTUAL PROPERTY
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 info@iwca.org, or mail to the following postal address:
Customer Support
905 S Martin Luther King, Jr. Blvd
Suite D
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.
WARRANTY DISCLAIMER
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.
GENERAL TERMS
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.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
By becoming a member, or otherwise using our Site and/or Services in any way, you acknowledge that you have read these Terms of Service, understand the Terms of Service, and will be bound by these Terms and Conditions. You further acknowledge that these Terms of Service, together with the Privacy Policy, represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement.
International Window Cleaning Association 905 S Martin Luther King, Jr. Blvd, Suite D | Americus, GA 31719 • 888.522.1905
International Window Cleaning Association (IWCA) PRIVACY POLICY
The International Window Cleaning Association (Hereafter, the “IWCA”) is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use, and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.
For purposes of this Agreement, “Site” refers to the IWCA’s website (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, and other services not mentioned here or that may be added in the future.
The terms “we,” “us,” and “our” refer to the IWCA. “You” refers to you, as a user of our Site and our Services. By becoming a member, accessing our Site, and using our Services, you accept our Privacy Policy and Terms of Use, and you consent to our collection, storage, use, and disclosure of your Personal Information as described in this Privacy Policy.
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit that are generated based on the data you submit, and number of clicks. Personal Information includes your email address, contact information, name, company name, company address, business type, company website, etc. that we collect when you register to become a member. You may also upload other information to your profile, if you choose to do so, that includes 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.
Personal Information
Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for the Company, such as the servers for our email communications that are provided access to users’ email addresses for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy. In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, to solicit feedback from users, to provide technical support, and to inform users about promotional offers.
When you become a member of the IWCA, you grant us permission to share your Personal Information, such as your name, your address, etc. to third-party vendors so they can send any member gifts or other member benefits to you. Vendors may then use your Personal Information to contact you with promotional offers and other sales-related materials unless you explicitly make a request to that vendor that they not contact you. Contacting the vendor to request to be removed from their mailing and sales list is your sole responsibility. The IWCA will not request that you be removed from a vendor’s mailing list.
We may share Personal Information with outside parties if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental requests; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security, or technical concerns; or to protect them against harm to the rights, property, or safety of our members or the public as required or permitted by law.
In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. If you opt out, your membership will be canceled and we will remove your information from our Site. We suggest that you check the Site periodically if you are concerned about how your information is used.
Non-Personal Information
In general, we use Non-Personal Information to help us improve our Services and customize the member experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers, and other third parties at our discretion.
We implement security measures common to membership sites designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. No member of our staff, management, or board of directors has the ability to see your password. Some management staff does have the ability to send you a password reset link, or to manually reset your password.
We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls, and secure socket layer (SSL) technology. However, these measures do not guarantee that your information will not be accessed, disclosed, or destroyed by breach of such firewalls and secure server software. By using our Services, you acknowledge that you understand and agree to assume these risks.
You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional email. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out, we may continue to send you administrative emails, including, for example, periodic updates to our Privacy Policy.
As part of our Services, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Services. Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our Site or via our Services. To the extent that you access or use the Services through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our members to read the privacy statements of other websites before proceeding to use them.
The IWCA reserves the right to change this policy and our Terms of Service at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your membership account or by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification, except in the case of the implementation of this Privacy Policy, which will go into effect immediately upon its release. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this Privacy Policy for updates.
If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email to info@iwca.org.
Last Updated: This Privacy Policy was last updated on 25 July 2023.
International Window Cleaning Association 905 S Martin Luther King, Jr. Blvd, Suite D | Americus, GA 31719 • 888.522.1905