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WSPA Privacy Policy

The Washington State Psychological Association (“WSPA”) believes that the protection and privacy of your Personal Data and Non-Personal Data (collectively “Data” or “Your Data”) is paramount and we value your right to privacy.  WSPA strives to protect Data that we collect through your interaction with the WSPA family of websites (“WSPA Websites”), WSPA applications (“WSPA Apps”), WSPA social media tools (“WSPA Social Media”) and other digital and non-digital spaces where WSPA may collect Data (WSPA Websites, WSPA Applications, and WSPA Social Media, and other digital and non-digital spaces, respectively, and collectively, “WSPA Digital Assets”).

Data you provide to us through your use of WSPA Digital Assets helps to inform the WSPA about how best to provide you with a fulfilling user experience as it relates to our mission.  Our goal is to insure that Your Data is secure, and that WSPA only uses Your Data subject to the terms and conditions set forth below.

WSPA is committed to working with you to obtain a fair and rapid resolution of any queries, complaints, or disputes about privacy.  If you have any questions or comments about our Privacy Statement, Cookie Policy or our information collection and data protection practices, please contact wspa@wapsych.org or 206-547-4220.

 

WSPA Privacy Statement

BY USING WSPA DIGITAL ASSETS, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY STATEMENT AND TO WSPA PROCESSING YOUR DATA FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY STATEMENT, PLEASE UNDERSTAND THAT YOUR USE OF WSPA DIGITAL ASSETS MAY NOT BE OPTIMIZED AND IN SOME INSTANCES YOU MAY NOT BE ALLOWED ACCESS TO WSPA DIGITAL ASSETS THAT REQUIRE WSPA TO VERIFY YOU AS AN AUTHORIZED USER (FOR EXAMPLE ACCESSING WSPA’S PSYCNET PLATFORM OR LOGGING INTO YOUR MYWSPA ACCOUNT).

Data WSPA Collects

YOU PROVIDE DATA TO US TO CREATE YOUR ACCOUNT OR TRANSACT BUSINESS WITH US

 

We collect Data from all visitors (“Users”) to WSPA Digital Assets in order to interact with you.  The following are examples of the types of Data we collect:

 

1. Personal Data 
"Personal Data" is Data that you provide to us, or that we may otherwise collect, that identifies you directly.  This also includes information that is associated with you and could potentially identify you, including when combined with other information from or about you.  We will not collect or use Personal Data except as stated in this Privacy Statement.  Personal Data may include, among other things, name, postal address, telephone number, email address, payment and billing information, subscriptions or a combination of these and other Data.

 

2. Non-Personal Data 
“Non-Personal Data” can be technical information or it can be demographic information, such as your ZIP code, other geolocation data or interests. Non-Personal Data can be information that is automatically collected through the use of cookies for instance.  Non-Personal Data does NOT identify you personally but may be tied together with other data to identify you. Here are some examples of the Non-Personal Data that is collected via WSPA Digital Assets and a description of how this information is used.

·         Internet Protocol (IP) address — Your IP address is a number that lets computers attached to the Internet know where to send you data — such as the webpages you view. We use this information to deliver our webpages to you upon request, to tailor WSPA Digital Assets to the interests of our Users and to measure traffic within our WSPA Websites.

·         Cookies — WSPA Websites use "cookies" to improve functionality and usability. We use this information for planning, tracking and to improve the technical functions of our sites and products. By using WSPA Digital Assets, you are consenting to our use of cookies in accordance with the terms of this Privacy Statement.  For more information about cookies please see below.

Please note that we also consider aggregated data, which is not personally identifiable, to be Non-Personal Data.

3. Automatically Collected Data 
When you visit WSPA Digital Assets, we may automatically collect Data about you through the use of cookies. This Data includes the browser or operating system that you use, your IP address, the date and time you have viewed certain pages on WSPA Digital Assets, by ways of example. Please see the “Use of Cookies” section below to find out more about how we use cookies and similar technologies.

 

How WSPA Uses Your Data

WE USE YOUR DATA TO CONTACT YOU, PROVIDE SUPPORT FOR YOUR MEMBERSHIP, CONDUCT SURVEYS AND PERSONALIZE OUR SERVICES TO YOU.

Except to the extent necessary to fulfill our business obligations as described in this Privacy Statement, we do not sell, transfer, or otherwise disclose to third parties any of the Personal Data that we collect directly from or about you.

We use Personal Data that is collected on WSPA Digital Assets in the following ways:

·         To provide member related services;

·         To deliver services, such as educational programs, information or newsletters you request or purchase;

·         To alert you to special offers, updated information and other new services from WSPA, other third parties, or to forward promotional materials;

·         To process your order and, if necessary, to contact you regarding the status of your order;

·         To fulfill the terms of a promotion;To ensure the Websites are relevant to your needs;

·         To help us create and publish content most relevant to you;

·         To request your feedback about your experience with WSPA;

·         To notify you about a material change to this Privacy Policy, if necessary; and

·         To allow you access to limited-entry areas of WSPA Digital Assets.

·         For other business purposes that help optimize your experience as you interact with WSPA Digital Assets.

 

Cookies

COOKIES ARE USED TO RECOGNIZE USERS WHEN THEY COME BACK TO OUR SITE, TO LEARN ABOUT WHICH PAGES ARE THE MOST VISITED AND TO ASSIST WITH A SINGLE SIGN-ON ACROSS WSPA DIGITAL ASSETS.

Cookies are text files sent by Web servers to Web browsers and are stored on the user’s computer or mobile device. If the browser is loading a page and the server requests the Data stored in the cookie, the Data contained within the cookie is sent back to the server.

Cookies contain data about the user’s activities on a website and can be used by Web servers to identify and track Users as they navigate different pages on that website and can identify Users returning to that website.

Cookies may be either "persistent" or "session" cookies. WSPA uses persistent cookies to enable our website to recognize you when you visit or return to an WSPA Website.  Persistent cookies will remain stored on your computer until you delete them or until it expires automatically at its expiration date. Session cookies are temporary cookies that typically expire at the end of the web browsing session on a website.  WSPA uses session cookies to keep track of you while you navigate WSPA Digital Assets.  A session cookie expires at the end of the user session, i.e. when the Web browser is closed. 

 

How WSPA uses cookies

Cookies contain Data that we have previously stored from prior interactions with WSPA Digital Assets and may allow us to link to other Data we have about you (My WSPA, previous purchases, subscriptions).

WSPA Digital Assets use Data we obtain from cookies for the following purposes:

·         To recognize the user’s computer when the user visits the website.

·         To track some user actions only during the current website session.

·         To improve the WSPA Digital Assets’ usability.

·         To analyze the use of the WSPA Digital Assets.*

·         To assist WSPA with administering the WSPA Digital Assets.

·         To report click-through data to our advertisers.

·         To share WSPA Digital Assets User Data with our third-party vendors.

*We use Google Analytics to analyze the use of WSPA Digital Assets.  Google Analytics generates statistical and other information about website use by means of cookies, which are stored on Users' computers.  The Data generated relating to our website is used to create reports about the use of the website. Google will store this Data. More information is available at Google's privacy policy at https://policies.google.com/privacy?hl=en&gl=us.

 

Third-party Cookies

When Users visit WSPA Digital Assets, third-party cookies (such as Google advertising cookies) may be sent to their computers by WSPA’s advertisers or service providers.  Third party advertisers may use data obtained from these cookies:

·         To track Users browsing across multiple websites.

·         To build profiles of Users’ Web surfing.

·         To target advertisements that may be of particular interest to Users.

 

Managing Your Cookie Settings

Most browsers allow you to control cookies through their settings preferences. However, if you limit the ability of websites to set cookies, you may limit your overall user experience, since it will no longer be personalized to you. It may also stop you from saving customized settings like login information.

Google Analytics Advertising Features WSPA has Implemented

WSPA uses certain Google Analytics Advertising Features, which contain third party cookies. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. WSPA follows the Google Analytics policy requirements found at https://support.google.com, which are incorporated herein by reference. The specific Google Analytics Advertising Features that WSPA uses include only the following: Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting, and Integrated Services that require google analytics to collect data via advertising cookies and identifiers.  WSPA does not use the Google remarketing features.  You can opt out of the foregoing Google Analytics Advertising Features by following the instructions at this link: https://tools.google.com/dlpage/gaoptout/.

 

Release of Data to Third Parties

The WSPA member and affiliate directories are available only to members and affiliates in a members-only section of the site. All members’ and affiliates’ names are listed in the directory, but members have the option to suppress all other information. Personal Data collected as a function of the WSPA Digital Assets will not be released to third parties except to further the purpose for which you provided the Data and in the following instances:

·         To fulfill a service to you including answering questions, completing an order or to follow through on a sweepstakes entry.

·         To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your Personal Data for research, administrative and/or internal business purposes. These parties may use your Personal Data to contact you with an offer or advertisement related to a product or service, or they may use such Data for their own research, administration or business purposes. If you do not want us to share your Personal Data in this manner, let us know.

·         To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on WSPA's behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the Personal Data for any other purpose than to provide the administrative services for which they are responsible.

·         To complete your purchase. If you choose to make a purchase on WSPA Digital Assets, we may collect from you your credit card number, billing address and other Data related to such purchase, and we may use such collected Data in order to fulfill your purchase. We may also provide such Data to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).

·         To comply with the law or in the good faith belief that such action is necessary to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of WSPA and WSPA Digital Assets or act in urgent circumstances to protect the personal safety of our end users.

·         To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.

·         To track and analyze non-identifying and aggregate usage and volume statistical data from our Users and provide such Data to third parties.

·         To protect against potential fraud, we may verify with third parties the Data collected from WSPA Digital Assets. In the course of such verification, we may receive Personal Data about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card Data and address matches the Data that you supplied to us, and that the card has not been reported as lost or stolen.

 

Third Party Websites and Advertisers

WSPA Digital Assets may provide you with links to other websites, although we do not necessarily advise that you are linking to another website. In the event you choose to access such websites, WSPA is not responsible for any actions or policies of those sites. Further, please note that the third party's Privacy Policy, Cookie Policy or security practices may differ from WSPA. WSPA neither assumes responsibility for, nor does it control, endorse or guarantee any aspect of your use of the linked site. We recommend that you check the Privacy Policy, Cookie Policy and other pertinent security practices of such a party before providing Personal Data to it.

WSPA may also permit advertisers, third party ad networks or other advertising companies to serve advertisements on WSPA Digital Assets. Please be advised that such companies may gather Data about your visit to WSPA Digital Assets (through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which Web pages you were viewing when such ads were delivered. Follow this link to learn more: http://optout.networkadvertising.org/?c=1#!/

PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF DATA BY SUCH ADVERTISING COMPANIES.

 

Forums, Chat Rooms and Other Public Posting Areas

Please note that any Data you include in a message you post to any chat room, forum or other public posting area is available to others. If you don't want people to know your e-mail address, for example, don't include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY DATA IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE DATA THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS

Opt-Out of Communications

We communicate with Users on a regular basis via email. For example, we will use your email address to contact you regarding membership renewal and dues payments, WSPA elections,  to confirm a request you have made of WSPA, to send you notice of upcoming payments that are due, to send you information about changes to our products and services or to send notices and other disclosures as required by law. Generally, members cannot opt-out of these communications since it is necessary to keep members of informed of specific information regarding membership and actions related thereto.

WSPA provides you the opportunity to exercise an opt-out choice if you do not want to receive other types of communications from us, such as messages or updates from us regarding new services and products offered on WSPA Digital Assets or if you do not want us to share your Personal Data with third parties. For emails, you may opt-out by clicking on the "unsubscribe" link within the text of an email. We will process your request to unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. If you have elected to receive notices to your mobile device via text message, you may opt-out by replying “STOP” to such mobile message. You may receive a confirmatory text message in response to your “STOP” request and you hereby consent to receipt of such confirmation.

As noted above, to opt out of the Google Analytics advertising features outlined above, follow the instructions at this link: https://tools.google.com/dlpage/gaoptout.

 

Your Choices & Obligations

Data Retention

We keep your Data for as long as you are a Member or as long as your relationship with WSPA Digital Assets continues and as required by law. We retain your Data while your membership is active or as necessary to continue to provide Services including fulfilling orders, accessing the website or newsletters, etc. This includes Data you or others provided to us and Data obtained from your use of WSPA Digital Assets. There may be some instances where we retain Non-Personal Data in a depersonalized or aggregated form.

Rights to Access and Control Your Personal Data

You can access, change or delete Your Data if you have a WSPA account by logging into your account.  You can also email us at wspa@wapsych.org or 206-547-4220.

We collect Your Data in many ways, most often where you provide it to us, and we provide you with several options for collecting, using and sharing of Your Data, including deleting or correcting Data you have provided to us.  We offer you settings to control and manage Your Data through your WSPA account.

For Personal Data that we have about you:

Delete Data: You can ask us to erase or delete all or some of Your Data (for example if you resign from being a member) and we will work hard to honor all requests in a timely manner.  In some instances, we may not be able to delete your Personal Data in order to comply with applicable laws (for example, it is necessary to keep the financial records of a transaction with you).

Change or Correct Data: You can edit some of Your Data through your WSPA account. You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate.

Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of Your Data.

Right to Access and/or Take Your Data: You have the right to see Your Data and take your data and we will work with you to be sure we can provide the most complete set of Your Data and a secure way to transfer Your Data.

Resignation/Account Closure: We will keep some of Your Data even after you resign your membership with WSPA or close your WSPA account in order to fulfill any final service requests.  Please note that we will retain Your Data even after you have resigned your membership or closed your WSPA account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized Data after your account has been closed.

Your Data may continue to be accessed by others until they refresh their cache.

Please note that WSPA will not delete or restrict access to Data about you where you have published in an WSPA journal or other WSPA publication including Division journals and/or newsletters.  We will not delete historical Data that reference your service to WSPA or its Divisions in governance.  We will not delete any comments or posts you have made on any of WSPA’s social media accounts or on any other of WSPA’s Digital Assets.  

Website Security

No data transmissions over the Internet can be guaranteed to be 100 percent secure. Consequently, we cannot ensure or warrant the security of any Data you transmit to us and you understand that any Data that you transfer to WSPA is done at your own risk. However, WSPA uses website security measures consistent with current best practices to protect its website, email and mailing lists. These measures include technical, procedural, monitoring and tracking steps intended to safeguard data from misuse, unauthorized access or disclosure, loss, alteration or destruction.

Credit card data is transmitted using Secure Socket Layer (“SSL”) encryption or Transport Layer Security (“TLS”). Member and purchaser Data is a high priority and we use our own protective measures, as well as the capabilities of our software and hardware vendors.

We realize there can be incidents of misuse or unauthorized program incursions, as almost every website, service and user encounters. In those instances, our goals are to move quickly to isolate the problem, ensure or restore proper functionality and minimize any inconvenience to our Users. As appropriate and necessary, WSPA will notify the relevant authorities of these incidents of misuse or unauthorized program incursions of the WSPA website.

Data Retention

WSPA retains information only as long as necessary to accomplish the business purpose for which it was collected and to comply with its legal and contractual obligations, plus 3 years, and then securely disposes of that information or converts it into non-personal information by aggregating it, de-identifying it, or otherwise anonymizing it so that it does not directly or indirectly identify you and cannot, with reasonable efforts, resources, and technologies, be used to reidentify you.

Your California Privacy Rights

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding the WSPA’s disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please contact us at wspa@wapsych.org or 206-547-4220

 

Children's Privacy

WSPA Digital Assets, and the services WSPA provides to its Users, are not directed to or intended for individuals under the age of 16. We do not knowingly collect personal Data from children under 16. If we become aware that a child under the age of 16 has provided us with personal Data, we will take steps to delete such information. If you become aware that a child under the age of 16 has provided us with personal Data, please contact us at wspa@wapsych.org or 206-547-4220.

Assignment

In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal and non-personal Data collected via WSPA Digital Assets.

Contacting WSPA

Users may contact WSPA through email at wspa@wapsych.org or 206-547-4220. You may also mail us directly WSPA, 9 S Washington St, STE 201, Spokane, WA. 99201

 

How We Protect Your Personal Data

We maintain reasonable risk-based physical, technical, and administrative safeguards to protect against unauthorized and accidental disclosure, use, alteration, or destruction of personal data in our possession, and to maintain the confidentiality, integrity, availability, and resilience of our systems, data, and services. We restrict access to Personal Data to those individuals and third parties that need to know the information to accomplish the business purposes described in this Privacy Statement. We are committed to taking appropriate measures to enforce compliance with this Privacy Statement. In addition, we comply with applicable law for protecting Personal Data. 

We provide reasonable security controls to protect electronic Data that we receive from you against foreseeable hazards, but please note that no data transmission over the Internet can be guaranteed to be 100% secure. In addition, use of email to transmit Data is insecure and violates WSPA policy. Please contact us if you need a more secure method for transmitting Data.

Changes in Our Privacy Policy

WSPA reserves the right to make changes to our Privacy Policy at any time and for any reason without prior notice. Any changes to our Privacy Policy will be posted on this page and other places we deem appropriate so that you are always aware of our policies. We may also contact you by email with changes. Additionally, we will update the “last updated” date below.

LAST UPDATED JUNE 2018


Terms & Conditions

 

WSPA Refunds and Returns Policy

 

Washington State Psychological Association maintains the following refund/return policies:

 

WSPA Membership Dues

  • WSPA does not extend refunds on membership dues unless an overpayment has been made. Overpayments may be applied to a continuing education workshop that is within 30 days of the overpayment.
  • Questions regarding membership including WSPA charges to credit cards one wishes to dispute, should be directed to the WSPA business office via email at wspa@wapsych.org.

Continuing Education Refund Policies

·         During early bird registration period registrants will receive a 100% refund of fees if notified within 3 days (to allow for requests made after 3 pm on a Friday). A 90% refund of fees when notified after 3 days.

·         During regular registration period a 75% cancellation fee will be assessed for full day or for half day pricing.

·         During late registration period no fees will be refunded.

·         Refund request due to special circumstances will be evaluated on a case by case basis. Refunded fees may be applied to new membership dues or membership dues renewal.

 

 

 

The terms and conditions below were reviewed by Attorney Alicia Levy for the Telemental Health download.

REFUNDS AND TERMS AND CONDITIONS OF SALE AND PURCHASE OF DIGITAL FILES

 

REFUNDS

No refunds will be issued on any digital files after they have been downloaded

 

TERMS AND CONDITIONS OF SALE AND PURCHASE

Please read through the following Terms and Conditions of Sale and Purchase (“Terms”) carefully. They comprise the terms on which you are permitted to purchase items from WSPA (“us”, also referred to here as “we”) on this website (the “Website”). If you submit an order for any item advertised for sale on the Website, this shall be taken to constitute acceptance by you of the Terms and Conditions as well as these Terms:

 FORMATION OF CONTRACT OF SALE

1. If you wish to purchase any items for sale on this Website, you must submit a completed order form. Your order will not be accepted unless you provide a valid credit or debit card number at the time you place your order. If we agree to accept your order, we will confirm this by email (the “Confirmation”) and will supply the items you have ordered (the “Product”) to you in accordance with the Confirmation and with these Terms. At this time, we can only accept orders for a single copy of any Product for a single user at any one time.

2. The sale and purchase of Products via this Website will be governed by a contract between you and us formed when you have placed an order, your order has been accepted by us and we have sent you Confirmation of the order (the “Contract”).  Please note that, as soon as you complete your payment, your order will be sent to our processing server and we will be unable to prevent your items being dispatched to you. No returns or refunds will be provided.

3.The terms of the Contract will comprise these Terms, as amended or updated by us from time to time, and the prices (subject to clause 10 hereof) and other relevant information about the Products published by us on this Website at the time the Contract is formed.

4. We reserve the right to change these Terms at our discretion. We agree to ensure that a note of the date and clause number of any such changes will be included as part of these Terms. Any changes will be posted to the Website and it is your responsibility to ensure, from time to time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to shop on the Website after that time.

5. You acknowledge and agree that, in entering into a Contract, you do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) which is not expressly set out or referred to in the Contract. This is not intended to limit or exclude liability for fraud on our part.

ORDERS AND QUOTES

6. You acknowledge that all information and specifications relating to the Products and any material produced by us are approximate only.

7. We may correct any error in any unconfirmed order, sales literature or other document or information issued by us or placed on this Website without any liability.

8. We may make any changes in the specification of the Products to conform with any applicable safety or other statutory requirements which do not materially affect their quality or performance. The Website is intended for Washington State residents only and we make no representations or warranties that anything within the Website conforms to the statutory requirements of any other state or country.

PRICE

10. (a) The price of each Product shall be the recommended retail price for that Product that is quoted on this Website on the date you place your order, subject to any inadvertent pricing errors (whether technical or otherwise) by us, unless a special promotional price or other discounts are stated on the Website in respect of a Product. WSPA members receive a discount of 20% on any Product they purchase. All WSPA members will receive a refund back within three (3) working days of placing their order.  Non-WSPA members are required to pay full price.

10. (b) Where a variety of discounts apply (though promotional offers and/or personal discounts available to you) only one discount can be used against each Product.

11. The method of delivery applicable will be those quoted on this Website on the date of the order. The delivery address for the Product will be the installed reader on your computer and there will be no charge for postage, packaging or delivery.

12. The stated price of the Products is exclusive of any applicable Federal or State Sales tax.

13. We reserve the right to revise the price of any items on this Website without notice. We also reserve the right to refuse to supply to you, whether you are an individual or company, for whatever reason.

PAYMENT TERMS

14. Credit card and debit card payments will be processed on the date on which we dispatch your order.

15. The credit cards and debit cards that we will accept are those listed on this Website on the date on which we accept your order.

DELIVERY

17. The time and method for delivery will be at our discretion. The place of delivery will be the i address you enter for delivery on the Website. Time for delivery shall not be of the essence.

PRE-ORDERS

18.  Preorders will not be available.

RISK AND OWNERSHIP

19. Risk of damage or loss of the Products shall pass to you on delivery or, if you fail to take delivery of the Products, at the time when we have tried to deliver the Products.

20. The Product is a copyright of the WSAP and is not intended for resale or public distribution.

INTELLECTUAL PROPERTY

21. All intellectual property and other proprietary rights (including, but not limited to, brand names, product names, copyright and trade marks) and all technical, business or similar information (including, but not limited to, all designs, documents and other materials relating to the Products) used in the Products (together “the Intellectual Property”) are and shall remain the property of us or of our licensors.

22. Other than as stated in Clauses 23 and 24 below, we do not grant permission for the use of the Intellectual Property and such use may constitute an infringement of the holder’s rights.

23. All Website design, text and graphics appearing on this Website and the selection or arrangement thereof are the copyright of us or of our licensors. Permission is granted to print once in hard copy portions of this Website for the sole purpose of placing an order with or using this Website as a shopping resource. Any other use of materials on this Website (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) without our prior written permission is strictly prohibited.

24.     In the case of PDFs, permission is granted to download your PDF to any installed readers on your devices for your personal business use at any time, provided that:

(a)      the PDF and its associated download link is not distributed or transmitted over any network or communication link

(b)      the PDF is used for personal business only;

(c)      the PDF is not copied or modified in any way;

(d)      you do not remove any copyright or other proprietary notices contained in the PDF.

This permission granted to you may not be transferred to a third party, nor may you sublicense any of your rights under it.

This permission is effective until terminated. You can terminate it at any time by destroying the Product. It will also terminate automatically if you fail to comply with any part of this Clause, you agree to delete the PDF immediately on any such termination.

25. We are the owner of the WSPA trademarks and get-up. Any other trademark materials, including, but not limited to, product names and company names or logos cited herein are the property of their respective owners.

LIMITATIONS ON LIABILITY

26. We shall not be liable in respect of any defect in the Products arising from your neglect, failure to follow our instructions, misuse or improper alteration or repair of the Products.

27. Nothing in these Terms shall exclude or limit our liability 24for fraud or for death or personal injury caused by our negligence, or any other liability to the extent that we cannot so exclude or limit such liability as a matter of law.

29. Save as expressly provided in these Terms, the Products are provided on an “as is” basis and all warranties conditions terms and liabilities express or implied by statute are excluded to the fullest extent permitted by law and we will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on us by operation of law.

30. We will not be liable for any of the following losses which may arise by reason of any breach of a Contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on us by operation of law:

(a)      any loss of anticipated profits or expected future business;

(b)      damage to reputation or goodwill;

(c)      any damages costs or expenses payable by you to any third party;

(d)      loss of any order or contract; or

(e)      any loss that was not foreseeable by you and WSPA at the time our Contract was formed; or

(f)      any loss not caused by an intentional or negligent breach on the part of WSPA .

31. Without prejudice to any other provision of these Terms, we will not be in breach of the Contract for any delay in performing, or failure to perform, our obligations under it if that delay or failure was due to any cause or circumstance beyond our reasonable control. This clause does not affect your statutory rights.

NO WARRANTY

32. We are providing the Website on an “as is” basis and we make no representations or warranties of any kind with respect to the Website or its contents and disclaim all such representations and warranties.

WITHDRAWAL AND USE OF PRODUCTS

33. We may withdraw from the market any Products that we produce or generally supply without prior notice, or liability, to you.

34. If we provide you with information about the use for which the Products are designed and about any conditions necessary to ensure that the Products will be safe, then you must use the Products accordingly.

GENERAL

35. Any notice required under these Terms must be in writing. In our case it must be addressed to our registered office or principal place of business or any other address that we notify to you from time to time whether on the Website or otherwise. Any notices to you will be sent to your usual billing address.

Any notice shall be deemed to be served:

(a) if sent by pre-paid first class post to the party to whom it is given, on the second working day after posting; or

(b) if sent by pre-paid air-mail post to the party to whom it is given, on the seventh working day after posting; or

(c) if sent by fax to the recipient’s fax number at the date and time given on the sender’s transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on receipt.

36. If any of these Terms is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

37. Each Contract shall be governed by the law of the State of Washington and the parties submit to the exclusive jurisdiction of the courts in Spokane County Washington if there are any disputes between them of any kind.

38. Failure or neglect by either party to enforce at any time any of these Terms shall not be a waiver of that party’s rights and it shall not affect the validity of the whole or any part of these Terms or the Contract or prejudice that party’s right to take subsequent action.

39. Nothing in these Terms is intended to confer on any third party any benefit or any right to enforce any of these Terms. 

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