Terms of Use

Washington Progress Alliance (“WPA”) is the legal name for the Washington State Non-Profit Corporation that provides content branded under Progress Alliance of Washington and First Mile Circle. These Terms of Use applies to the content, information, services, and products via our website www.washingtonprogress.org, www.firstmilecircle.org, and any other website and/or platform (collectively the “Site” or “Services”) of WPA or its related organizations. The Site may consist of each entity’s website, any social media channels such as Facebook and Instagram, and other communication facilities or interactive areas designed to provide You with forums to share ideas, information, and content (“Submission”). 


ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE

The Site may be used by our donors and site-visitors (collectively “You”, “Your” or “Yours”) subject to the conditions in these Terms of Use (“Terms”). If You do not agree to the Terms, please do not use any WPA Site. If You use any WPA Site, You accept the Terms of Use as a binding agreement.


RESERVATION OF RIGHTS

We reserve the right to change or modify the Terms, Site, and Services we offer at any time to reflect changes in our organization, practices, or to keep current with relevant laws or industry standards. Your access to and/or use of the Site and our Services will be subject to the most current version of the Terms posted on the Site at the time of your access or use. We recommend that you check the Site regularly for any changes to the Terms. You are solely responsible for reviewing the Terms prior to use of WPA Sites or Services.

WPA reserves the right to remove or to refuse to post any Submission, in whole or in part, for any or no reason, including any Submission that violates these Terms or is otherwise objectionable in our sole discretion. 

WPA reserves the right, in our sole discretion, to terminate Your access to all or part of any of our Site(s), with or without notice.


YOUR SUBMISSION AND OUR USAGE

You understand and agree that by uploading a Submission to a WPA Site You grant us the unlimited, unrestricted right to display that Submission on the Site and share the Submission on social media channels, including Facebook and Instagram, and other communication facilities or interactive areas, and to use it in promotional and marketing materials at our discretion. You further understand that You will not be compensated by WPA for our use of any Submission that You upload to a WPA Site.

You are responsible for the Submission You post on WPA Site(s). You agree to the following:

  1. You will not misrepresent Yourself, or impersonate any person or entity in a Submission. 

  2. You will not submit a Submission that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or otherwise violates our rules or policies or applicable law. 

  3. You will not submit a Submission that contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.

  4. You understand that any Submission You transmit to us and the Site(s) will be treated as non-confidential and non-proprietary. You acknowledge that any Submission is routed through our servers and the Internet and that, therefore, You have no expectation of privacy with regard to any such Submission. 

Information transmitted to WPA on our Site(s) that do not meet the definition of a Submission, such as information collected in donation transactions and other personal information, is managed under our Privacy Policy.

We do not control and do not guarantee the accuracy, integrity or quality of any Submission made available through WPA Site(s). By using them, You agree that WPA is not responsible for the acts or omissions of users on our Site(s). You acknowledge that the substance and opinions expressed in the Submission are those of the author or submitting user solely and do not necessarily reflect WPA views or opinions. We are not responsible for and do not endorse, guarantee, or warrant any content, views, or opinions referenced, posted or sent by the authors or submitting users through WPA Site(s). We specifically disclaim any and all liability in connection therewith.


THIRD PARTY SITES

This site has links to third party sites on the Internet. Third party sites operate according to their own terms of use and privacy policies. WPA has no control over these sites, and You acknowledge that WPA does not endorse and is not responsible or liable, directly or indirectly, for any content displayed on such sites, transactions that take place with such sites, or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, or other materials on or available from such sites. 


NOTICE OF COPYRIGHT INFRINGEMENT 

If You are an owner of intellectual property who believes Your intellectual property has been improperly posted or distributed by WPA, please notify us at info@washingtonprogress.org. Your notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed.

  2. A description of the copyrighted work that allegedly have been infringed.

  3. A description of the Site(s) where the allegedly infringing material appears, that will allow WPA to locate the material.

  4. A statement by You that You have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law.

  5. A statement by You that the information in Your notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.


DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF WPA SITE(S) IS AT YOUR SOLE RISK;

  2. ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH OUR SITES IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE;

  3. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT;

  4. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SITESWILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;

  5. WE DO NOT CLAIM THAT THE CONTENT IS FREE OF ANY VIRUS OR HARMFUL COMPONENT.

WE MAKE NO EXPRESS WARRANTIES WITH RESPECT TO:

  1. THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH OUR SITES;

  2. THAT ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS;

  3. ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

  4. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE; OR

  5. THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OURSITES WILL MEET YOUR EXPECTATIONS.


LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCE SHALL WPA, NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SITES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS RESULTING FROM:

  1. YOUR USE OR INABILITY TO USE OUR SITES;

  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM OUR SITES;

  3. MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA;

  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ONE OF OUR SITE(S); OR

  5. INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL UNREST, FIRE, FLOOD, STORM, OTHER ACTS OF GOD; OR NON-PERFORMANCE BY THIRD PARTIES.


EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT REQUIRED BY LAW.


INDEMNIFICATION

You represent and warrant that You have the necessary rights in Your Submission to post it on WPA Site(s) and that by doing so You are not violating the rights others may have in the Submission. You will defend, indemnify, and hold us harmless from and against any and all claims, damages, costs, liabilities and expenses of any kind, including reasonable attorney's fees, relating to or arising from Your use or misuse of WPA Site(s) and the content of any Submission You post or from breach of any representation, warranty, or agreement You make.


CHOICE OF LAW AND FORUM

These Terms shall be governed by and construed in accordance with the laws of the State of Washington. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or Your use of WPA Site(s) site shall be filed only in the state or federal courts located in the State of Washington, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any claim or action.


SEVERABILITY AND INTEGRATION

Unless otherwise stated herein, this agreement constitutes the entire agreement between You and WPA with respect to use of WPA Site(s) and supersedes all other communications and proposals (whether oral, written, or electronic). If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.


FEEDBACK

If you have any questions or concerns regarding these Terms, or any of the content found on our Site, please send them to info@washingtonprogress.org. 


Last updated: January 2024