Terms of Use

DATE OF LAST UPDATE: April 8 2020

Terms of Use

These Terms of Use (“Terms”) govern your use of The Worldwide Supply Chain Federation (referred to in these Terms as “#TWSCF” or “our”) websites, including https://theworldwidesupplychainfederation.com and the COVID-19 Emergency Supply Chain sites and other #TWSCF services (collectively, and together with the Additional Services, if any, the “#TWSCF Service”). These Terms will also apply to any additional service (each an “Additional Service”) offered by #TWSCF on this website or any linked website sponsored or managed by #TWSCF unless there is a separate set of terms of service for any such Additional Services.

You must accept these Terms to use any part of the #TWSCF Service. You accept these Terms by visiting https://theworldwidesupplychainfederation.com or using any part of the #TWSCF Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE ANY OTHER PART OF THE #TWSCF SERVICE.

These Terms May Change

Because our business and the environment we all live in changes, these Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on https://theworldwidesupplychainfederation.com. We will notify you by email, through the #TWSCF Service, or, at our election and discretion, by presenting you with a new Terms of Use to accept. When you use the #TWSCF Service after a modification is posted or notified to you, you are telling us that you accept the modified terms.

Read Our Privacy Policy

Any information that #TWSCF collects through your use of the #TWSCF Service is subject to the #TWSCF Privacy Policy, which is part of these Terms.

Who Can Use the #TWSCF Service?

You may use the #TWSCF Service if you are over 13 years of age and are not barred from receiving services under applicable law.

Creating an Account

Full use of the #TWSCF Service may require that you create an account by providing us with your name, a valid e-mail address and phone number (and any other required information as specified in the relevant #TWSCF Service, such as the COVID-19 Emergency Supply Chain registration and input forms). You may be required to provide additional information to take advantage of Additional Services. You are responsible for all activity that occurs in association with any account you have on the #TWSCF Service or any Additional Service. #TWSCF is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

We may need to contact you about your use of the #TWSCF Service. These communications are part of the #TWSCF Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications in accordance with our Privacy Policy.

Necessary Equipment

Full use of the #TWSCF Service is dependent upon your use of a computer with adequate Internet access. The maintenance and security of this equipment may influence the performance of the #TWSCF Service and any Additional Services and it is your responsibility to ensure the equipment’s functionality.

Posting Your Content On The #TWSCF Service

You may make certain postings and add other content (“Your Content”) to certain existing or later-developed parts of the #TWSCF Service. As between you and #TWSCF, you retain all ownership rights to Your Content that you post to the #TWSCF Service. Posting content through the #TWSCF Service through a third party provider or operator will be covered by the policies of those third parties. By making Your Content available on or through the #TWSCF Service you grant to #TWSCF a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with offering, promoting, operating and providing the #TWSCF Service. 

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the #TWSCF Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

Where any #TWSCF Service or Additional Service allows you to post on a community type site that is open to community members or the general public, you also agree that Your Content will comply with the following community guidelines:

• Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.

• Do not post profane or explicit content.

• Do not post pictures that might be considered inappropriate.

• Do not post communications that could be interpreted as threatening or harassing.

• Do not post, advertise, or promote products or services commercially.

#TWSCF’s Rights

“#TWSCF Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the #TWSCF Service to you. Except for Your Content, all #TWSCF Content, the #TWSCF Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the #TWSCF Service and you further agree not to reverse engineer or otherwise tamper with any part of the #TWSCF Service.

What You Can Do On The #TWSCF Service

#TWSCF grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the #TWSCF Content, and (2) access and use the Additional Services.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, reverse engineer, or otherwise exploit the #TWSCF Content, #TWSCF Service or any Additional Services, or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by #TWSCF or its licensors, except for the licenses and rights expressly granted in these Terms.

Things You Cannot Do On The #TWSCF Service

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the #TWSCF Service: (1) use, display, mirror or frame the #TWSCF Service or any individual element within the #TWSCF Service, #TWSCF’s name, any #TWSCF trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without #TWSCF’s express written consent or as provided in these Terms; (2) access or tamper with non-public areas of the WSCF Service, #TWSCF’s computer systems, or the technical delivery systems of #TWSCF’s providers; (3) test the vulnerability of any #TWSCF system or breach any security or authentication measures; (4) circumvent any technological measure implemented by #TWSCF or any of #TWSCF’s providers or any other third party (including another user) to protect the #TWSCF Service or #TWSCF Content; (5) access the #TWSCF Service or #TWSCF Content through the use of any mechanism other than through the use of an Authorized Connection; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that #TWSCF provides to you, or that is embedded or otherwise included in a #TWSCF Service or Additional Service.

Our Enforcement Rights

We are not obligated to monitor access or use of the #TWSCF Service, #TWSCF Content, or Your Content or to review or edit any #TWSCF Content or Your Content, but we have the right to do so for the purpose of operating the #TWSCF Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the #TWSCF Service, any #TWSCF Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the #TWSCF Content, Your Content, or your use of the #TWSCF Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the #TWSCF Service.

Use The #TWSCF Service At Your Own Risk

Our goal is to provide helpful and accurate information on the #TWSCF Service, but we make no endorsement, representation or warranty of any kind about any #TWSCF Content, information, services or recommendations.

Copyright Policy

#TWSCF respects copyright law and expects its users to do the same. It is #TWSCF’s policy to terminate in appropriate circumstances account holders who infringe the rights of copyright holders.

Feedback And Submissions Policy

If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by #TWSCF, or obtained from sources other than you.

Idea Submission

We are always pleased to hear from users of the #TWSCF Service and those interested in #TWSCF. However, neither #TWSCF, nor any of its employees, may accept or consider any unsolicited ideas, including ideas for new or improved products or services, new marketing campaigns or product or service names. Therefore, please do not submit any such unsolicited ideas in any form to #TWSCF or any of its employees. This policy is necessary to avoid potential misunderstandings or disputes that may arise if our new products or services or marketing campaigns were to appear similar to an idea submitted by you.

If, despite our policy, you still submit an idea to us, then regardless of anything contained in your submission you agree that the following shall apply: (i) we shall have no obligation to review the submission; (ii) the submission and its contents shall automatically become the property of #TWSCF, without any compensation to you and you hereby assign to #TWSCF all ownership rights therein; (iii) we may consider the submission and its contents to be non-confidential and non-proprietary; and (iv) we may redistribute or use (for commercial purposes or otherwise) the submission and its contents for any purpose and in any way, without any compensation to you.

Feedback

If a #TWSCF user or other person provides us (at our request or otherwise) a comment or suggestion regarding any of our products or services (including, but not limited to, the #TWSCF Service and any Additional Services) through any means, such as via any social network, these Terms shall also apply thereto.

Contests And Giveaways

Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by #TWSCF and its partners. It is your responsibility to carefully review those terms and conditions.

You Agree to Receive Alerts And Notifications

As part of your use of the #TWSCF Service and/or Additional Services, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications in accordance with the terms of our Privacy Policy. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Additional Services may also involve additional fees and some of those fees may be significant. You are responsible for those fees and you should familiarize yourself with those fees before enrolling in any such Additional Services.

We Are Not Responsible For Third-Party Links On The #TWSCF Service

The #TWSCF Service (including but not limited to any applicable Additional Services) contains, or may contain, links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under #TWSCF’s control. We provide these links only as a convenience and, except to the extent if any that #TWSCF controls these Third-Party Services, are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.

#TWSCF Does Not Control Third-Party Services That You Link With Your #TWSCF Account

The #TWSCF Service may provide the opportunity for you to link a portion of the #TWSCF Service with Third-Party Services. These Third-Party Services and links may or may not be known to #TWSCF. Any Additional Service offered in association with a third party is an example of such Third-Party Services. Although we may offer this opportunity, you acknowledge that, except to the extent the elements or portions of any Third-Party Services are operated by or under the control of #TWSCF, any Third-Party Services that you use in connection with the #TWSCF Service are not the responsibility of #TWSCF and #TWSCF disclaims any and all liability for errors, damage or other liability arising out of such Third-Party Services. You acknowledge that, other than the elements or portions of any Third-Party Services that are operated by or under the control of #TWSCF, these Terms and the #TWSCF Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

Changes To The #TWSCF Service

#TWSCF may change or discontinue, temporarily or permanently, any feature or component of the #TWSCF Service at any time without notice. #TWSCF is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the #TWSCF Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by #TWSCF without prior notice to you.

Termination

If you violate these Terms, we reserve the right to deactivate your account or access, or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account or access. Upon any termination, discontinuation or cancellation of the #TWSCF Service or your account or access, the following provisions of these Terms will survive: Posting Your Content On The #TWSCF Service; #TWSCF’s Rights; Our Enforcement Rights; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.

Disclaimers

THE #TWSCF SERVICE AND #TWSCF CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the #TWSCF Service or #TWSCF Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the #TWSCF Service or any #TWSCF Content. You acknowledge and agree that if you rely on any #TWSCF Content or the #TWSCF Service, you do so solely at your own risk. 

Indemnity

You will indemnify and hold harmless #TWSCF and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the #TWSCF Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation Of Liability

NEITHER #TWSCF, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WSCF SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE #TWSCF SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT #TWSCF HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL #TWSCF’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WSCF SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO #TWSCF FOR USE OF THE #TWSCF SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO #TWSCF, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN #TWSCF AND YOU.

Dispute Resolution

You agree that any dispute between you and #TWSCF arising out of or relating to these Terms of Service, the #TWSCF Service, or any other #TWSCF products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against #TWSCF, you agree to try to resolve the Dispute informally by contacting us using the form on the “Contacts” page of https://theworldwidesupplychainfederation.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or #TWSCF may bring a formal proceeding.

We Both Agree To Arbitrate: You and #TWSCF agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting us through the “Contact” page on https://theworldwidesupplychainfederation.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name and company name, if applicable) decline this arbitration agreement. Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, New York, New York, or any other location we agree to.

Arbitration Fees: The AAA rules will govern payment of all arbitration fees. 

Exceptions to Agreement to Arbitrate: Either you or #TWSCF may assert claims, if they qualify, in small claims court in any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the #TWSCF Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions: You may only resolve Disputes with #TWSCF on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and #TWSCF agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York, New York. Both you and #TWSCF consent to venue and personal jurisdiction there, and service of process through first class or overnight mail. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the #TWSCF products or #TWSCF Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between #TWSCF and you regarding the #TWSCF Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between #TWSCF and you regarding the #TWSCF Service and #TWSCF Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without #TWSCF’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. #TWSCF may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by #TWSCF under these Terms, including those regarding modifications to these Terms and unless otherwise provided herein, will be given: (i) via email; or (ii) by posting to the #TWSCF Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

#TWSCF’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of #TWSCF. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Additional Terms May Apply

Additional terms may apply to certain #TWSCF products or services. In the event that there is a conflict between these Terms and any such additional terms, the additional terms will control.

Contact Us

Please contact us through the “Contact” page on https://theworldwidesupplychainfederation.com if you have any questions about these terms.