PLEASE READ THESE TERMS OF USE CAREFULLY AND COMPLETELY.

THEY GOVERN YOUR USE OF THIS WEBSITE AND RELATED SERVICES
PROVIDED BY THE WORLD WE WANT FOUNDATION.

If you use this website, theworldwewantfoundation.org, you acknowledge and accept these Terms of Use (called "Agreement" below) as a binding agreement between you and The World We Want Foundation ("TWWWF" below), and you agree to all the terms and conditions of this Agreement.

WHAT  TWWWF  PROVIDES

TWWWF operates its website ("Site" below) as part of its effort to give young people practical, social, and technical skills that are of great value in becoming effective leaders, engaged citizens, and productive members of society.  TWWWF works with and through tax-exempt educational, charitable, and community Partner Organizations, and qualified Mentors they provide, to inspire and help young people to design, conduct, and publish Social Action Projects that create positive social change.

TWWWF, through the Site, provides information and materials created by TWWWF and related to its work, including toolkits, tutorials, guidelines, examples, templates, videos, and other educational and instructional items.  The Site also provides information and materials submitted by and collected from users of the Site, including text, photos, graphics, digital portfolios, and other visual media.  All these and similar items are referred to collectively below as "Content".

TWWWF, through the Site and other means, may provide various products and services related to its work, including the Site and its functionality described below, its Content, downloadable or printed books, manuals, tutorials, and templates, consulting services, partnership arrangements, videography, online forums, blogs, and web pages.  All these and similar items are referred to collectively below as "Services".

TWWWF, through the Site, provides a functionality that may allow users to visit parts of the Site, register and use more parts, post information on the Site, apply for assistance, post Social Action Projects, download materials, participate in forums and the like, solicit donations, make donations, and perform various other interactive operations.  This functionality is referred to collectively below as "Software".

TWWWF also takes steps to protect the privacy of users of this Site, as described below and in our Privacy Policy.

ORDINARY OPERATIONS

You agree to the specific terms and conditions listed here regarding the ordinary operations of the Site and Services, as well as all the other terms and conditions found elsewhere in this Agreement:

            1.  Basic requirements for your use of the Site

What we require for your use of the Site depends somewhat on whether you are an adult or a minor.

                        a.  All users of the Site

You affirm and guarantee that you are 18 years old or older, are legally competent, and are legally able to enter a binding agreement, or that you have the consent and supervision of a parent or guardian regarding use of the Site.  You agree to submit only accurate and truthful information to the Site and to update that information if and when it changes.  You affirm and guarantee that you have those rights to any submitted information that are necessary to lawfully submit that information to the Site and through the Site to TWWWF.  You agree that your use of the Site, the Content, the Services, and the Software will comply with all state and federal laws, rules, and regulations.  If you are representing an entity, you guarantee that you have the right to enter into this Agreement on behalf of that entity. 

                        b.  Minor users of the Site – persons under 18

Here's where we have a problem.  If you are under 18 years old, you are a minor in most (maybe all) places, and you cannot legally enter into a binding agreement like this Agreement.  So we cannot expect you to be legally obligated – like adults are – to abide by this Agreement, which contains important terms designed to protect the Site, prevent misuse of the Site and its Contents, and protect Site users.  So, our army of lawyers tells us that this Agreement should just forbid you – and all minors – from "using" the Site unless you have the consent and supervision of a parent or guardian.  How will we know that you do have that consent?  Other sites avoid that question simply by having online documents like this one that say if you're under 18 years old you cannot "use" that site at all, but almost everyone probably goes ahead and looks around on that site anyway. 

Well, we want you – and all interested minors – to be able to "use" our entire Site if you act responsibly.  We think we can permit that by having two kinds of "users" with different requirements for each:

            1.  Visiting user.  If you are just visiting the site, looking around, checking out various Social Action Projects, Project Teams, and so forth, just exploring the Site and its Contents, then you are a "visitor".  We cannot stop you from visiting the Site, and this Agreement cannot stop you – although we hope you will read it and abide by its terms – so go ahead, look around, and enjoy what you learn.

            2.  Participating user.  If you are submitting a Social Action Project and applying for assistance and for posting on the Site, you must register on the Site, giving some information like a user name or user ID, a password, and your email address.  If your Project is approved, you must also provide a written TWWWF Parental Consent given to you by the Project's Partner Organization or Mentor and signed by a parent or legal guardian.  Then you are a "participant", and you will be able to interact with the Site. 

All we ask of you as a participant – and even if you are just a visitor – is that you and your parent or guardian read the rest of this Agreement, abide by its terms, including those in section a. above for all users, and enjoy helping create the world you want.

                        c.  Adult and minor users of the Site – all users

TWWWF does not collect, use, or store any identifying information about children under 13 years of age.  You agree not to provide or submit any identifying information about a child under 13, such as full name, home address, email address, telephone number, or any other information that would allow someone to identify or contact the child.

Donors and Partner Organizations and Mentors have certain specific requirements for use of the Site and Services set forth in detail below.

            2.  Registering on the Site

To use some parts of the Site, Content, Services, and Software, you are required to register with TWWWF by providing a user name ("User ID") and a password.  To use some other parts, you may also be required to provide personal information, such as your name, age, or some contact information.  You agree to these terms and conditions:

  • You will provide accurate and complete registration information, and you will update it if and when it changes.
  • You are responsible for keeping your User ID and password secure and confidential, and you are responsible for all use of the Site, Content, Services, and Software through your User ID, with or without your knowledge.
  • You will log out of the Site completely after each session in which you logged in.
  • You will immediately notify TWWWF of any unauthorized use of your User ID or any other security breach related to your registration or User ID.
  • You will not permit another person or entity to use your User ID, and you will not use the User ID of another person or entity without authorization.
  • You will not use the name of another person as a User ID with the intent to impersonate that person.

Failure to abide by these terms and conditions may result in termination of your registration with TWWWF and all its benefits.  TWWWF will not be responsible for any damages or losses resulting from your failure to abide by these terms.  

            3.  Social Action Projects

Social Action Projects are provided by or through Partner Organizations and supported by TWWWF.  They emphasize a student-driven, mentor-guided, civics-oriented, project-based format for addressing social problems or opportunities and creating positive social change.  Guided by its Project Mentors, a team of young people ("Young Global Citizens") designs, implements, and documents a Project where they

            1.  select and research a problem or opportunity in the community,
            2.  identify, refine, and implement a solution and an action plan,
            3.  measure and record the outcome or impact in the community, and
            4.  share their Story of Social Impact through a Digital Portfolio posted on the Site.

The Site and Software may permit registered individuals and entities to post and update information and materials about Social Action Projects on the Site, and the Site and Software may permit other Site users to make donations to and comments about those Social Action Projects.  Those individuals, entities, Social Action Projects, and all related activities are governed by the specific terms and conditions listed here, as well as all the other terms and conditions found elsewhere in this Agreement:

  • You agree to abide by the terms and conditions relating to use of the Site for Social Action Projects that are set forth from time to time by TWWWF on the Site or in other materials provided to you.
  • You acknowledge and agree that any comments or other information or materials that you submit regarding a Social Action Project will not be detrimental or harmful to that Project and that it may be edited, modified, or rejected by TWWWF or its webmaster.
  • You acknowledge and agree that TWWWF does not guarantee, and is not responsible for, the results or the success of any Social Action Project.
  • You acknowledge and agree that TWWWF is not responsible for the actions, errors, or omissions of any participants in a Social Action Project, including Partner Organizations, Mentors, Young Global Citizens, or others.

TWWWF may exclude or remove any Social Action Project from the Site and Services at any time for any reason and in its absolute discretion.

            4.  Partner Organizations and Mentors

The Site and Software may permit Partner Organizations and Mentors to post and update information and materials on the Site, and to perform other functions, usually related to Social Action Projects.  When you, as a Partner Organization or its representative, or as a Mentor, submit information, materials, or a Social Action Project to TWWWF, you acknowledge, affirm, and agree to the specific terms and conditions listed here, as well as all the other terms and conditions found elsewhere in this Agreement:

  • The Partner Organization and the Mentors are responsible for the actions of participants in the Social Action Project and for its legality, propriety, and results.
  • You acknowledge and agree that TWWWF is not responsible for the actions, errors, or omissions of any participants in a Social Action Project, including Partner Organizations, Mentors, Young Global Citizens, or others.
  • You meet all requirements in this Agreement regarding your ownership of and right to submit the Social Action Project as Content on the Site, including all text, names, photos, other visual media, and likenesses of identifiable persons.
  • You will provide TWWWF with a TWWWF Parental Consent you obtain for each minor child included in the Social Action Project or identifiable in any visual media you submit, signed by a parent or legal guardian.
  • On behalf of the Partner Organization and the Mentors, you agree to all the other terms of this Agreement, including its terms regarding registration, use of the Site, Services, and Software, ownership, and rules of conduct.

            5.  Donors and donations

The Site and Software may permit individuals and entities (each a "Donor" below) to make donations to TWWWF, to individual Social Action Projects, and to groups of Social Action Projects.  (TWWWF is a 501(c)(3) tax exempt public charity, and donations are deductible to the full extent allowed by law.)  Donors agree to the specific terms and conditions listed here, as well as all the other terms and conditions found elsewhere in this Agreement:

  • If you specify that your donation goes to a specific Social Action Project that you select on the Site, all of that donation will go to that Social Action Project, unless you designate that a portion of that donation, or an additional amount, is to go to TWWWF for use for administrative, operational, or other expenses.
  • If you specify that your donation goes to a group of Social Action Projects that you select on the Site, all of that donation will go to that group, unless you designate that a portion of that donation, or an additional amount, is to go to TWWWF for use for administrative, operational, or other expenses.  TWWWF may in its absolute discretion allocate all of or the remainder of that donation among those selected Social Action Projects according to any reasonable criteria, such as amounts needed but unfunded, Project urgency, and the like.
  • If you specify that your donation goes to TWWWF, TWWWF may in its absolute discretion allocate that donation to grants to Social Action Projects of its choice and/or to administrative, operational, or other expenses.  
  • If the nature, purpose, or scope of a Social Action Project changes significantly after you make a donation to that Project, and if TWWWF determines that the changed Project is not reasonably similar to the original Project, or if a Project is completed or terminated, and if donations made or allocated to that Project remain unused, then the amount involved will then become a donation to TWWWF for use in its discretion as described above.
  • TWWWF does not guarantee, and is not responsible for, the results or the success of any Social Action Project.
  • TWWWF is not responsible for the actions, errors, or omissions of any participants in a Social Action Project, including Partner Organizations, Mentors, Young Global Citizens, or others.

Other terms and conditions regarding donations may appear on the Site, and they apply to all donors and donations as if stated here.  TWWWF may exclude any donor from the Site and Services at any time and in its absolute discretion.  TWWWF is not responsible for the success or failure of any Social Action Project or for the errors and omissions of anyone involved in a particular Social Action Project.

            6.  Ownership rights and licensed privileges

Some of the Content on the Site may be provided by you, and some of the Content on the Site is provided by TWWWF and by others.  The Services and the Software are provided by TWWWF and by others.  Ownership and use of both types of Content, the Services, and the Software are governed by the specific terms and conditions listed here, along with all the other terms and conditions found elsewhere in this Agreement.

Content that you provide

The Site and the Software may allow you to upload or post information and other materials to the Site and through the Site to TWWWF, including text, photos, graphics, digital portfolios, and other visual media (collectively "Submission" below), which becomes Content.  You agree to these terms and conditions regarding that Submission and Content:

  • You retain ownership rights in the Submission.
  • By making the Submission, you affirm and guarantee that
  • You have all rights necessary to make the Submission, to grant the licenses granted here, and to permit TWWWF to grant sublicenses to others.
  • The Submission and your grant of rights in connection with it complies with all applicable laws and does not violate the rights of any other party.
  • You have permission to use the name and likeness of each identifiable person in the Submission, including permission to use, and permit TWWWF to use, that person's likeness and identifying information according to this Agreement.  TWWWF has been provided with a TWWWF Parental Consent for any minor child whose full or partial image or any identifying information is included in the Submission, signed by a parent or legal guardian.
  • By making the Submission, you grant TWWWF a worldwide perpetual, non-exclusive, irrevocable, royalty-free, transferable, fully-paid license to modify, reproduce, distribute, sublicense, adapt, display, perform, and otherwise use the Submission in any way regarding the Site, the Services, the Software, and TWWWF operations, programs, purposes, and activities.  You also grant each user of the Site or the Services a non-exclusive license to access and use your Submission according to the terms and conditions of this Agreement.

TWWWF reserves the right to remove or modify any Submission and any Content you or others provide at any time for any reason and in its absolute discretion.

Content and the Site, Services, and Software that TWWWF and others provide

You agree to these terms and conditions regarding the Content, the Site, the Services, and the Software:

  • You agree to use the Site, Content, Services, and Software only for the purposes described on the Site and in this Agreement.
  • The Site, the Services, and the Software contain Content and other information, functionality, and processes that are owned by TWWWF or provided to TWWWF by others, all of which are protected by copyright, trademark, or other proprietary rights and laws and by this Agreement.  You agree to honor and abide by those protections.
  • If you are a Partner Organization, Mentor, or Young Global Citizen involved in a Social Action project supported by TWWWF, then for as long as you are not in violation of this Agreement, TWWWF grants you a limited, non-exclusive, non-transferable, revocable license to use, copy, and distribute items in the Content solely for educational, non-commercial purposes and uses, subject to these terms and conditions:
  • You agree to copy each item in its entirety and in its original form, with no changes or additions.
  • You agree to keep all copyright, trademark, or other proprietary notices on all copies of the item. 
  • You agree to use and distribute copies only for educational, non-commercial purposes and uses, namely educational uses that do not directly generate sales, income, or profits for you or for the users of the copies.
  • Except as provided immediately above, you agree not to copy, modify, republish, sell, or distribute any Content electronically, digitally, in printed form, or otherwise without prior written permission from TWWWF.  Any other use of the Content is prohibited.  TWWWF reserves all rights to the Content not expressly granted.

TWWWF reserves the right to terminate access to and use of any Content provided by TWWWF or others at any time for any reason and in its absolute discretion.

            7.  Sites operated by others

The Site and Software may contain links or hyperlinks to other websites.  You acknowledge and agree that TWWWF does not operate or control those linked websites, that TWWWF may or may not endorse those linked websites and any information, materials, products, or services found on those linked websites, and that TWWWF is not responsible or liable for any loss or damage you sustain as a result of using those linked websites or their operations, contents, or the information, materials, products, or services found there.

TWWWF may permit you to post links to the Site on another website.  If so, you affirm and guarantee that the content on and operation of that other website is consistent with the stated purposes of TWWWF and the Site.  TWWWF may terminate your right to link to the Site at any time for any reason and in its sole discretion.

            8.  Prohibitions and Rules of Conduct while using the Site

You agree to the following terms and conditions that govern your conduct while using the Site, the Content, the Services, and the Software:

  • You will not take any action or use any means that damage, interfere with, compromise, or degrade the intended and normal operations and functions of the Site, the Services, or the Software, including computer viruses, worms, files, programs, or applications.
  • You will not take any action or use any means that translate, reverse engineer, decompile, disassemble, or convert any part of the Site or the Software to source code or human-readable form, or that reproduces its structure or appearance.
  • You will not take any action or use any means that circumvent access restrictions in the Site or the Software or copy, collect, or store user-related personal information, access codes, passwords, or data or information that is not Content.
  • You will not take any action or use any means to place on the Site any unauthorized advertising, promotional materials, spam, or the like, or any unauthorized requests for financial assistance.
  • You will not take any action or use any means to remove any copyright, trademark, or other notices of proprietary rights from the Site, the Services, or the Content, or that infringes on any such proprietary rights.
  • You will not take any action or use any means that are unlawful.

            9.  Other documents that are incorporated in this Agreement

Use of the Site and the Services is subject not only to all the terms and conditions of this Agreement but also to all the terms and conditions of our Privacy Policy, and all other rules, procedures, and other agreements related to the Site, its Contents, the Services, or the Software that TWWWF may publish from time to time on the Site or provide to you by other means.  These other documents are hereby incorporated in this Agreement. 

All personal information you provide when using the Site, including your name and contact information, text, photos, videos, and other visual media, may be and is collected, stored, and used according to the terms of this Agreement and our Privacy Policy, which you should read carefully and completely.

            10.  Changes to this Agreement and to TWWWF operations

TWWWF may at any time, without notice, and in its absolute discretion change, remove, or replace any of the terms of this Agreement or change, suspend, remove, or terminate any or all parts of the Site, Content, Services, or Software.  You agree to review the Site and this Agreement from time to time to determine any changes, and if you continue to use the Site or Services, you agree to abide by those changes.  The date of the current version of this Agreement is stated at the end of this Agreement.

EXTRAORDINARY CIRCUMSTANCES

You agree to the specific terms and conditions listed here regarding extraordinary circumstances concerning the Site, Content, Services, and Software, as well as all the other terms and conditions found elsewhere in this Agreement:

            1.  Termination

TWWWF may in its sole discretion terminate this Agreement and your access to all or any part of the Site, Content, Services, or Software at any time, for any reason or for no reason, and with or without notice.  On termination, TWWWF may immediately delete your User ID, your Submissions, your links, and all related information and files, and you agree to destroy all materials obtained from, and stop all use of, the Site, the Content, the Services, and the Software.  TWWWF shall not be liable to you or anyone else for terminating this Agreement or your access.  All provisions of this Agreement which by their nature should survive termination shall survive.

            2.  Indemnification

You agree to defend, indemnify, and hold harmless TWWWF and its assigns, successors, sponsors, employees, officers, directors, affiliates, agents, representatives, and suppliers from all liabilities, claims, losses, costs, and expenses, including reasonable attorney's fees, arising from or related to (a) your use or misuse of, or your activities related to, the Site, Content, Services, or Software; (b) any violation of this Agreement by you or anyone using your User ID; (c) your violation of any rights of any other person or entity while using the Site; or (d) your Submission or any Submission or information provided by you or anyone using your User ID or password.

            3.  Disclaimers and limitation of liability

YOU UNDERSTAND AND AGREE THAT THE SITE, THE SERVICES, THE SOFTWARE, THE CONTENT, AND LINKS TO OTHER SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND THAT YOU BEAR ALL RISKS CONNECTED WITH USE OF THE SITE, THE SERVICES, THE SOFTWARE, THE CONTENT, AND THE LINKS, INCLUDING BUT NOT LIMITED TO ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS, SAFETY, SECURITY, RELIABILITY, OR USEFULNESS OF THE SERVICES, THE SOFTWARE, AND THE CONTENT AVAILABLE ON OR THROUGH THE SITE OR ANY LINK.  TWWWF MAKES NO WARRANTIES, AND DISCLAIMS ALL WARRANTIES, WITH RESPECT TO THE SITE, THE SERVICES, THE SOFTWARE, THE CONTENT, AND ALL SOCIAL ACTION PROJECTS.  TWWWF MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR LINKED SITE.  PLEASE SEE OUR Privacy Policy.

IN NO EVENT SHALL TWWWF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AFFILIATES, SUPPLIERS, CONTRACTORS, PROVIDERS OF CONTENT, OR ANYONE ELSE INVOLVED IN THE CREATION OR DELIVERY OF THE SITE, THE SERVICES, THE SOFTWARE, OR THE CONTENT BE LIABLE UNDER ANY THEORY FOR ANY LOSS, INJURY, OR DAMAGES OF ANY KIND, (A) INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, (B) INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF INTELLECTUAL PROPERTY, OR LOSS OF OTHER INTANGIBLES RESULTING FROM USE OF THE SITE, THE SERVICES, THE SOFTWARE, THE CONTENT, OR ANY LINKS, AND (C) INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY ANY ERROR, OMISSION, DEFECT, INTERRUPTION, DELAY, FAILURE TO PERFORM, COMPUTER VIRUS AND THE LIKE, OR EQUIPMENT OR NETWORK FAILURE OF ANY KIND, ALL EVEN IF THERE IS NEGLIGENCE BY TWWWF OR THE OTHERS LISTED ABOVE, OR IF AN REPRESENTATIVE OF TWWWF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.  YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SERVICES, THE SOFTWARE, OR THE CONTENT IS TO STOP USING THEM.  THE MAXIMUM LIABILITY OF TWWWF AND THE OTHERS LISTED ABOVE FOR ALL DAMAGES AND LOSSES FROM ANY CAUSE SHALL BE ONE HUNDRED U.S. DOLLARS ($100.00).  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

            4.  Copyright infringement

TWWWF may terminate the accounts of users who infringe the intellectual property rights of others and remove all infringing material from the Site, all in compliance with the Digital Millennium Copyright Act ("DMCA"), if properly notified that material infringes copyright.  If you believe that material on the Site infringes your copyright, you may send TWWWF a notice requesting that we remove the material.  If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send TWWWF a counter-notice.  Notices and counter-notices must meet exactly the then-current detailed statutory requirements of the DMCA.  Notices and counter-notices should be sent to The World We Want Foundation, 246 Channel Heights Court, Suite 100, Ventura, CA  93003.

MISCELLANEOUS PROVISIONS

            1.  How to contact TWWWF.  If you have any problems, questions, or comments about TWWWF operations, you may contact TWWWF through the "Contact Us" link on the Site and by email sent to

            info@theworldwewantfoundation.org

            2.  Notices.  By using the Site and Services, you agree to receive all communications from TWWWF electronically, including but not limited to notices, agreements, legally required disclosures, or other information in connection with the Site, Services, Software, or Content.  TWWWF may provide such electronic notices by posting them on the Site or by sending them via email to any email address you have provided.

            3.  State registration.  Certain states require us to advise you that a copy of our financial report is available from them if we are registered there.  To see if your state is one of those states, contact your state's Secretary of State or Attorney General.  Registration with the Secretary of State or Attorney General of any state does not imply endorsement by them.

            4.  Assignment or transfer.  You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without the express prior written consent of TWWWF.  TWWWF may sell, transfer, or otherwise share some or all of its assets, including your personal information and Submissions, in connection with a merger, acquisition, reorganization, or sale of assets or in the event of bankruptcy.

            5.  Entire and only agreement.  This Agreement, and any other agreements, policies, or guidelines incorporated here by reference or published from time to time on the Site, is the entire and only agreement between you and TWWWF regarding use of the Site, Services, Software, Content, and links on the Site.

            6.  Provisions severable.  If any provision of this Agreement is found to be unlawful, unenforceable, invalid, or void by a court of competent jurisdiction, that provision will be deemed severable and limited or eliminated so that the other provisions of this Agreement will remain in full force and effect and enforceable.

            7.  Governing law and jurisdiction.  This Agreement, and any other agreements, policies, or guidelines incorporated here by reference or published from time to time on the Site, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.  You agree that the Site is deemed a passive website that does not give rise to personal jurisdiction over TWWWF or its subsidiaries, affiliates, successors, assigns, employees, agents, directors, or officers in any jurisdiction other than the State of California.  You agree that any action at law or in equity relating to this Agreement, or your use of the Site, Services, Software, or Content shall be filed only in the state or federal courts located in San Francisco, California, you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.  You irrevocably waive any right you may have to trial by jury in any such dispute, action, or proceeding.  You agree that TWWWF may apply for injunctive remedies, or a similar kind of interim or preliminary legal relief, in any jurisdiction.

            8.  Miscellaneous.  The waiver or failure to exercise any right provided in this Agreement shall not be deemed a waiver of any further exercise of that or any right under this Agreement.  In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

EFFECTIVE DATE: April 1, 2012.  Changes from the previous version: none.