About WESPAC :

About WESPAC

Mirene Felice Yoram

Mirene, Felice and Yoram at a march and rally in New Rochelle, New York.

WESPAC has been a leading force for progressive social change in Westchester County, New York, since 1974.  We have been educating, agitating and organizing for a more just and peaceful world, an end to militarism and racism and a more fair economy that works for all.  Our members are currently involved with food justice work, anti-fracking/anti-nuclear and pro-safe energy, solidarity with Indigenous Peoples, an end to militarism and drone warfare and a just resolution to the Israel/Palestine conflict.

jeanneshaw

WESPAC Board member Jeanne Shaw at a peace rally in NYC.

 

602812457_b5678dd24d

Tom Suarez leading the WESPAC banner at a peace march close to West Point.

               

Posted in About WESPAC, Static Info

By Laws

 BY-LAWS OF WESPAC Foundation, Inc., (The “Corporation”)

ARTICLE I

MEMBERS

            Section 1.  Membership.  Membership shall be open to all persons interested in the purposes of the Corporation.  The Board of Directors of the Corporation may establish such other criteria for membership, including a schedule of dues, as they deem appropriate.  A record of members is to be kept by the Executive Director and Membership Committee as evidence of all persons entitled to vote at membership meetings.

 

            Section 2.  Meetings.  The annual meeting of the members (the “Annual Meeting”) for the election of the Directors and for the transaction of such other business as may come before the Members shall be held each year on the date fixed by the Board of Directors, within 13 months after the date of the preceding annual meeting, or if not so fixed as may be determined by a majority vote of the Board of Directors.  Special meetings shall be held whenever called by resolution of the Board of Directors, the Chairperson of the Board, the Executive Director, or by a written demand to the Secretary of ten percent of the members eligible to vote.

 

            Section 3.  Notice of Meetings.  Written notice of the place, date and hour of any meeting shall be given to each member entitled to vote at such meeting by mailing the notice by first class mail, postage prepaid, or by email, or personal delivery, not less than ten nor more than fifty days before the date of the meeting.  Notice of special meetings shall indicate the purpose for which they are called and the person or persons calling the meeting.

 

            Section 4.  Quorum, Adjournments of Meetings.  At all meetings of the members, a presence of a minimum of 10 members shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the members present in person may adjourn the meeting. 

 

            Section 5.  Organization.  The Chairperson of the Corporation shall preside at all meetings of the members or, in the absence of the  Chairperson, an acting Chairperson shall be chosen by the members present. The Secretary of the Corporation shall act as Secretary at all meetings of the members, but in the absence of the Secretary, the presiding officer may appoint any person to act as Secretary of the meeting.

 

            Section 6.  Voting.  At any meeting of the members, each Member present shall be entitled to one vote.  Upon demand of any member, any vote for directors or upon any question before the meeting shall be by ballot.  The record eligibility of voting rights shall be set 10 days before the date of the meeting.

 

            Section 7.  Action by the Members.  Except as otherwise provided by statute or by these by-laws, any corporate action authorized by a majority of the votes cast at a meeting of Members shall be the act of the Members.

 

            Section 8.  Special Actions Requiring Vote of Members:  The following corporate actions may not be taken without approval of the members:

 

            (a)       A majority of the votes cast at a meeting of the members is required for (1) any amendment of or change to the certificate of incorporation, or (2) a petition for judicial dissolution;

 

            (b)       a majority of the votes cast at a meeting of the members is required for (1) disposing of all, or substantially all, of the assets of the Corporation, (2) approval of a plan of merger, (3) authorization of a plan of non-judicial dissolution, or (4) revocation of a voluntary dissolution proceeding;

 

Provided, however, that the affirmative votes cast in favor of any such action shall be at least equal to the minimum number of votes necessary to constitute a quorum.  Blank votes or abstentions shall not be counted in the number of votes cast.

 

ARTICLE II

 

BOARD OF DIRECTORS

 

            Section 1.  Powers and Number.  The property, affairs and activities of the Corporation shall be managed and controlled and its powers exercised by the Board of Directors.  The number of directors constituting the entire Board after the first annual meeting of the members shall be 13, but in no event shall the entire Board consist of less than three (3) directors.  Each Director shall be at least eighteen (18) years of age.

 

            Section 2.  Election and Term of Office.  The Directors shall be elected to hold office for three-year terms; provided, however, that any Director elected to fill an unexpired term (whether resulting from the death, resignation or removal or created by an increase in the number of Directors) shall hold office until the next election of Directors.  This interim period will not be considered a full term. Directors may be elected two consecutive terms.  One may be reelected to the Board of Directors after a one year hiatus.  Directors shall be elected at the annual meeting of members by a plurality of the votes cast.

 

            Section 3.  Newly Created Directorships and Vacancies.  Newly created directorships and vacancies among the directors for any reason may be filled by vote of a majority of the directors then in office, regardless of their number, and the directors so elected shall serve until the next annual meeting of the members.

 

            Section 4.  Resignations.  Any director may resign from office at any time.  Such resignation shall be made in writing, and shall take effect at the time specified therein, and if no time be specified, at the time of its receipt by the Corporation or its Chairperson.  The acceptance of a resignation by the Board of Directors shall not be necessary to make it effective, but no resignations shall discharge any accrued obligation or duty of a Director.

 

            Section 5.  Removal.  Any director may be removed at any time with cause by a majority of the Board of Directors then in office at any special meeting of the Board called for that purpose, provided that at least one week’s notice of the proposed action shall have been given to the entire Board of Directors then in Office.  Any director can be removed at any time with or without cause by a vote of the members.

 

            Section 6.  Meetings.  Meetings of the Board may be held at any place within or without the State of New York as the Board may from time to time fix, or as shall be specified in the notice or waivers of notice thereof.  The annual meeting of the Board of Directors in each year shall be held immediately following the annual meeting of the members for the purpose of assigning officers and setting the next meeting date.  Other regular meetings of the Board shall be held no less than three times during the year.  Special meetings of the Board shall be held whenever called by a majority of the Board of Directors, the Chairperson of the Board, or the Executive Director, in each case at such time and place as shall be fixed by the person or persons calling the meeting.

 

            Section 7.  Quorum and Voting.  Unless a greater proportion is required by law, a majority of the entire Board shall constitute a quorum for the transaction of business or of any specified item of business. Except as otherwise provided by statute or by these by-laws, the vote of a majority of the directors present at the time of the vote, if a quorum is present at such time, shall be the act of the Board.  If at any meeting of the Board there shall be less than a quorum present, the Directors present may adjourn the meeting until a quorum is obtained.

 

            Section 8.  Action by the Board.  Any action required or permitted to be taken by the Board or any committee thereof may be taken without a meeting if all members of the Board or the committee consent in writing to the adoption of a resolution authorizing the action.  The resolution and the written consents thereto by the members of the Board or committee shall be filed with the minutes of the proceedings of the Board or committee. Any one or more members of the Board or any committee thereof may participate in a meeting of the Board or committee by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time. Participation by such means shall constitute presence in person at a meeting.

 

            Section 9.  Notice of Meetings.  Notice of the time and place of each regular or special meeting of the Board, together with a written agenda stating all matters upon which action is proposed to be taken and, to the extent possible, copies of all documents on which action is proposed to be taken, shall be mailed to each director, postage prepaid, addressed to him or her at his or her residence or usual place of business (or at such other address as he or she may have designated in a written request filed with the Secretary), at least seven days before the day on which the meeting is to be held; provided, however, that notice of special meetings to discuss matters requiring prompt action may be sent to him or her at such address by designated email address or given personally or by telephone, no less than forty-eight hours before the time at which such meeting is to be held, unless the meeting must be held within forty-eight hours.  Notice of a meeting need not be given to any director who submits a signed waiver of notice whether before or after the meeting, or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to him or her.  No notice need be given of any adjourned meeting.

 

            Section 10.  Compensation.  No compensation shall be paid to Directors

 

            Section 11.  Directors Commitment.  Directors will attend meetings regularly, participate on a Board Committee, and contribute financially, either through personal donation or by participating in activities that generate donations.

 

ARTICLE III

 

OFFICERS, EMPLOYEES AND AGENTS

 

            Section 1.  Number and Qualifications.  The Officers of the Corporation shall be a Chairperson, a Secretary, a Treasurer and such other officers, if any, including one or more Vice Chairpersons, as the Board of Directors may from time to time appoint.  One person may hold more than one office in the Corporation except that no one person may hold the offices of Chairperson and Secretary.  The Chairperson shall be a Director of the Corporation; the other Officers need not be Directors of the Corporation. No instrument required to be signed by more than one officer may be signed by one person in more than one capacity.

 

            Section 2.  Election and Term of Office.  The officers of the Corporation shall be elected at the annual meeting of the Board of Directors held immediately following the annual meeting of members.  Each such Officer, whether elected at the Annual Meeting or to fill a vacancy or otherwise, shall hold office until the close of the election of Officers at the Annual Meeting next held after his or her election or until a successor shall have been elected and shall qualify, or until the death, resignation or removal of such Officer, whichever is earlier.

 

            Section 3.  Employees and Other Agents.  The Board of Directors may appoint from time to time such employees and other agents as it shall deem necessary, each of whom shall hold office at the pleasure of the Board, and shall have such authority and perform such duties and shall receive such reasonable compensation, if any, as a majority of the Board of Directors may from time to time determine.  To the fullest extent allowed by law, the Board of Directors may delegate to any officer or agent any powers possessed by the Board of Directors and may prescribe their respective title, terms of office, authorities and duties.

 

            Section 4.  Removal.  Any officer, employee or agent of the Corporation may be removed with or without cause by a vote of the majority of the entire Board of Directors.

 

            Section 5.  Vacancies.  In case of any vacancy in any office, a successor to fill the unexpired portion of the term may be elected by the Board of Directors.

 

            Section 6.  Chairperson:  Powers and Duties.  The Chairperson shall preside at all meetings of the members and of the Board of Directors.  The Chairperson shall have general supervision of the affairs of the Corporation, and shall keep the Board of Directors fully informed about the activities of the Corporation.  He or she has the power to sign and execute alone in the name of the Corporation all contracts authorized either generally or specifically by the Board, unless the Board shall specifically require an additional signature.  The Chairperson shall perform all the duties usually incident to the office of the Chairperson, and shall perform such other duties as from time to time may be assigned by the Board of Directors.

 

            Section 7.  Vice-Chairperson:  Powers and Duties.  The Vice Chairperson(s) shall have such powers and duties as may be assigned to them by the Board of Directors.  In the absence of the Chairperson, the Vice Chairperson(s), in the order designated by the Board of Directors, shall perform the duties of the Chairperson.

 

            Section 8.  Secretary:  Powers and Duties.  The Secretary shall keep the minutes of the Annual Meeting and all meetings of the Board of Directors in books provided for that purpose.  He or she shall be responsible for the giving and serving of all notices of meetings and Board actions of the Corporation and shall perform all the duties customarily incident to the office of the Secretary, subject to the control of the Board of Directors, and shall perform such other duties as shall from time to time be assigned by the Board of Directors.

 

            Section 9.  Treasurer:  Powers and Duties.  The Treasurer shall keep or cause to be kept full and accurate accounts of receipts and disbursements of the Corporation, and shall deposit or cause to be deposited all moneys, evidences of indebtedness and other valuable documents of the Corporation in the name and to the credit of the Corporation in such banks or depositories as the Board of Directors may designate.  At the annual meeting of the Board of Directors and whenever else required by the Board of Directors, he or she shall render a statement of the Corporation’s accounts.  He or she shall at all reasonable times exhibit the Corporation’s books and accounts to any officer or director of the Corporation and shall perform all duties incident to the position of Treasurer subject to the control of the Board of Directors, and shall when required, give such security for the faithful performance of his or her duties as the Board of Directors may determine.

 

            Section 10.  Compensation.  Any employee or agent of the Corporation is authorized to receive a reasonable salary or other reasonable compensation for services rendered to the Corporation when authorized by a majority of the Board of Directors, and only when so authorized.

 

 

ARTICLE IV

 

COMMITTEES

 

            Section 1.  Committees of the Board.  The Board may, by resolution adopted by a majority of the entire Board, establish and appoint executive and other standing committees.  The Chairperson of the Board of Directors shall appoint the chairperson of each committee.  Each committee so appointed shall consist of two or more directors and, to the extent provided in the resolution establishing it, shall have all the authority of the Board except as to the following matters:

 

a.   the filling of vacancies on the Board or on any committee;

 

b.   the amendment or repeal of the by-laws or the adoption of the new by-laws;

 

c.   the amendment or repeal of any resolution of the Board which by its terms shall not be so amendable or repealable;

 

Special committees may be appointed by the Chairperson of the Board of Directors with the consent of the Board and shall have only the powers specifically delegated to them by the Board.

 

            Section 2.  Committees of the Corporation.  The Board or the members may create committees of the corporation.  Committees created by the Board shall be appointed by the Chairperson of the Board of Directors with the consent of the Board.  Committees created by the members shall be elected by the members, unless the members authorize the Chairperson to appoint said committees with the consent of the Board.

 

 

ARTICLE V

 

CONTRACTS, CHECKS, BANK ACCOUNTS AND INVESTMENTS

 

            Section 1.  Checks, Notes and Contracts.  The Board of Directors is authorized to select such depositories as it shall deem proper for the funds of the Corporation and shall determine who shall be authorized in the Corporation’s behalf to sign bills, notes, receipts, acceptances, endorsements, checks, releases, contracts and documents.

 

            Section 2.  Investments.  The funds of the Corporation may be retained in whole or in part in cash or be invested and reinvested from time to time in such property, real, personal or otherwise, including stocks, bonds or other securities, as the Board of Directors may deem desirable.

 

            Section 3.  Dissolution.  In the event of dissolution of the Corporation, any assets remaining after payment of all just claims of creditors shall be turned over forthwith to such tax exempt organizations (as ruled by U.S. Treasury Department), whether incorporated or unincorporated, as in the opinion of the Board of Directors, will carry on activities most nearly analogous to those for which this corporation has been formed.

 

ARTICLE VI

 

OFFICE AND BOOKS

 

            Section 1.  Office.  The office of the Corporation shall be located at such place as the Board of Directors may from time to time determine.

 

            Section 2.  Books.   There shall be kept at the office of the Corporation correct books of account of the activities and transactions of the Corporation including a minute book, which shall contain a copy of the certificate of incorporation, a copy of these by-laws, approved policies, and all minutes of meetings of the members and of the Board of Directors.

 

 

ARTICLE VII

 

FISCAL YEAR

 

            The fiscal year of the Corporation shall be determined by the Board of Directors.

 

 

ARTICLE VII

 

INDEMNIFICATION

 

            The Corporation may, to the fullest extent now or hereafter permitted by and in accordance with the standards and procedures provided for by sections 721 through 726 of the Not-for-Profit Corporation Law and any amendments thereto, indemnify any person made, or threatened to be made, a party to any action or proceeding by reason of the fact that he, his testator or intestate was a director, officer, employee or agent of the Corporation, against judgments, fines, amounts paid in settlement and reasonable expenses, including attorneys’ fees.

 

 

ARTICLE IX

 

AMENDMENTS

 

            These by-laws may be amended or repealed by the affirmative vote of a majority of the entire Board at any meeting of the Board of Directors, or by the members of the Corporation at a meeting duly called for the purpose of altering these by-laws, providing notice of the proposed alteration has been included in the notice of meeting.

 

ARTICLE X

CONFLICTS OF INTEREST, CONTRACTS
AND SERVICES OF DIRECTORS AND OFFICERS

Section 1.  Disclosure.  (a)  Immediately upon election or appointment to the Board, all Directors shall disclose any relevant interest which may pose conflict of interest questions.  Disclosure shall include any interest, financial or otherwise, in any corporation, organization, or partnership which provides professional or other services to the Corporation.  Disclosure statements shall be available to any Director of the Corporation on request.

(b)  When any matter comes before the Board or any committee of the Board in which a Director has an interest, that interest shall be immediately disclosed to the Board or Committee.

Section 2.  Definition of “Interest”.  Whether a Director has an interest in a matter shall be determined by whether that person would derive an individual economic benefit, either directly or indirectly, from the decision on the matter by the Board or committee.  An “interest” is not intended to include positions on legislative matters of general impact.

Section 3.  Voting.  No Director shall vote on any matter in which he or she has an interest.

Section 4.  Non-Participation.  The Board may, by majority vote, ask any Director who has an interest in a matter not to participate, or to leave the room in which discussion is carried on; provided, however, that the interested Director may participate in any discussion regarding his or her exclusion.

Section 5.  Attempts to Influence.  Directors shall not attempt to influence other Directors regarding matters in which they are interested, without disclosing that interest.

Section 6.  Contract Review Committee.  If a contract is proposed in which a Director or an organization which employs a Director is a potential contractor, regardless of amount (an “Interested Party Contract”), a Contracts Review Committee (comprised as set forth below) or the Board shall review the contract and shall recommend that the Chairperson execute or not execute the contract.  Ad hoc Contract Review Committees shall be appointed by the Directors as needed and shall consist of five (5) Directors disinterested in the Interested Party Contract.  Either an ad hoc Contract Review Committee or the Board may review an Interested Party Contract; however, if a Contract Review Committee reviews an Interested Party Contract and recommends that the Chairperson not execute the Interested Party Contract, the Board subsequently may review the Interested Party Contract and may recommend that the Chairperson execute or not execute the Interested Party Contract.

 

 

ARTICLE XI

NON-DISCRIMINATION

In all of its dealings, neither the Corporation nor its duly authorized agents shall discriminate against any individual or group for reasons of race, color, creed, sex, age, culture, national origin, marital status, sexual preference, or mental or physical disability.

 

ARTICLE XII

REFERENCE TO CERTIFICATE OF INCORPORATION

References in these By-Laws to the Certificate of Incorporation shall include all amendments thereto or changes thereof unless specifically excepted.

 

Posted in About WESPAC

Mission Statement

WESPAC Foundation

WESPAC Foundation has been a leading force in Westchester County for peace and justice work for over three decades. WESPAC Foundation provides outreach and community to individuals, groups and leaders in civic and religious organizations in greater Westchester who find themselves without a voice or support system for their progressive positions. WESPAC Foundation’s purpose is to give a human face to those who would otherwise be unrecognized victims of war, injustice and environmental degradation. WESPAC Foundation connects the people of Westchester with a progressive agenda for the planet and its peoples.

 

WESPAC Statement of Purpose

To provide a meeting space along with material, organizational and moral support for groups and individuals in the greater Westchester Community to organize, educate and work toward peace, justice and a sustainable environment for the planet and for all people.

Posted in About WESPAC

WESPAC Board

About WESPAC Foundation Board Members

 

Teresa Delgado

Roger Drew

Gayle Dunkelberger

Ema Froning

Damyn Kelly

Jeanne Shaw

 

The WESPAC Foundation Board meets four times a year. Each board committee is expected to meet at least once in between board meetings and is expected to report to the full board at each board meeting. The board committees include:

  • Fundraising Committee
  • Finance Committee
  • Nominations Committee
  • By-Laws Committee
  • Membership Committee
  • Programming Committee 
Posted in About WESPAC

Executive Director

Click here to go to the Director’s Blog.

Nada Khader has been the Executive Director of WESPAC Foundation, a peace and justice action and educational network, since May 2001. She is responsible for running  the day-to-day operations of the non-profit organization that has served the region since 1974. WESPAC works on a range of issues dealing with social, economic and racial justice, as well as foreign policy concerns.

Posted in About WESPAC

Account Terms & Condition

Terms & Conditions
(LAST REVISED: JUNE 3, 2008)

PLEASE READ THIS WWW.WESPAC.ORG TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. BY VIEWING AND/OR USING THIS WEB SITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This WESPAC Foundation Terms and Conditions of Use Agreement (the “Agreement”) governs your use of the WESPAC web site, accessible via www.wespac.org. WESPAC Foundation reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on the Site. WESPAC Foundation will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised (i.e., following the words “Last Revision”). The amended or revised Agreement will be effective immediately after it is posted on the Site. Your use of the Site following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. WESPAC Foundation encourages you to review this Agreement whenever you visit the Site to make sure that you understand the current terms and conditions governing your use of the Site. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately discontinue your use of the Site.

1. Grant of Limited License by WESPAC Foundation to You.

WESPAC Foundation offers user-provided information regarding events, actions, meetings and groups in the Westchester, NY area. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, WESPAC Foundation grants to you a personal, nonexclusive, non-assignable and nontransferable license to use the Site and to use the Site solely as permitted under this Agreement.

2. Restrictions of Limited License.

Unless WESPAC Foundation otherwise notifies you or restricts your use of this Site, you may freely post content, including news, events, meetings, actions and information, to and at this Site. You agree that all such posts shall reasonably relate to the topic of information intended for the pages to which you post or edit content.

You agree that you will: (i) comply with all applicable laws in using or accessing the Site; (ii) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Site (except for the content); and (iii) not remove, alter, or obscure any proprietary notices of WESPAC Foundation or any other information in any portion of the Site.

3. Grant of Limited License by You to WESPAC Foundation

With respect to any content (including, without limitation, any news, events, meetings, actions, commentary, information, or other text) you post to this Site (“Your Content”), you agree and hereby grant to WESPAC Foundation a perpetual, royalty free and non-exclusive license to publish Your Content on the Site or on any other Site or in any other media throughout the universe. WESPAC Foundation may reproduce, modify, adapt, distribute and/or publish any of Your Content for any reason, in any media, at any time without any royalty or payment being owed to you.

4. Content Responsibility

The Site contains a variety of information, data, messages and other materials (the “Content”) that end users of the Site create and post. You understand and agree that any Content posted on the Site is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Site. You acknowledge that WESPAC Foundation is not responsible for and does not necessarily endorse the Content posted to the Site or available through the Site, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will WESPAC Foundation be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Site.

5. Pre-Screening or Regular Screening of Content.

You acknowledge that WESPAC Foundation does pre-screen Content, and you agree that WESPAC Foundation shall have the right (but not the obligation) to access, re-arrange, modify and remove or restrict access to any Content on the Site in its sole discretion and without notice. Without limiting the foregoing, WESPAC Foundation shall have the right to access and remove or restrict access to any Content that violates this Agreement or that WESPAC Foundation believes is otherwise objectionable, in its sole discretion.

6. User Conduct.

You agree to not use the Site to:

(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
(c) upload, post, email or otherwise transmit any Content that:

(1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another’s privacy;
(2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and breaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork;
(4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws;
(5) is the private information of another such as their addresses, phone number, Social Security number or credit card number;
(6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(7) you do not have a right to upload or post due to contractual or other legal obligation.

(d) impersonate any person or entity, including, but not limited to, a WESPAC Foundation employee, committee coordinator, board member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
(f) interfere with or disrupt the Site, computer servers or boards accessible through the Site; and
(g) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Site through unsolicited electronic mail messages to third parties.

If you use the Site to commit any of the above offenses, WESPAC Foundation may, at its sole discretion, terminate your password, user registration (or any part of it) or ability to use the Site, and remove any Content you posted to the Site. If you violate any laws, WESPAC Foundation may report you to applicable authorities. WESPAC Foundation will respond to lawful subpoenas.

7. Reservation of Rights.

WESPAC Foundation reserves all rights not granted in this Agreement. You agree to use your best efforts to prevent and protect the Site from unauthorized use.

8. DISCLAIMER OF WARRANTY.

YOU HEREBY WAIVE AND RELEASE WESPAC FOUNDATION FROM ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH YOUR USE OF THIS SITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF WESPAC FOUNDATION.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, OR CONTENT ACCESSED THROUGH THE USE OF THE SITE, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, OR CONTENT CONTAINED THEREIN.

9. LIMITATION OF WESPAC FOUNDATION LIABILITY.

IN NO EVENT SHALL WESPAC FOUNDATION OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SITE OR CONTENT BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED VIA THE SITE, (ii) ANY USE OR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.

10. Termination.

Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice is required from WESPAC Foundation to effectuate such termination. Additionally, WESPAC Foundation may terminate this Agreement at any time and for any reason and may effect notice of such termination through any means, including but not limited to posting such notice on the Site or otherwise publicly proclaiming such termination. Upon termination, you must immediately stop using the Site.

11. Your Indemnification of WESPAC Foundation.

You agree to hold harmless, defend, and indemnify WESPAC Foundation, its officers, directors, employees, partners and affiliates, from all liabilities, claims, demands and expenses, including attorneys’ fees, that are due to, or that arise from your use or misuse of the Site and/or Site, or for infringement by you of intellectual property rights or other right of any third party. We may assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.

12. Spam and Acceptable Use.

While we encourage you to refer friends, family, colleagues, and others to use the Site, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Site, name, trademarks, or other intellectual property of WESPAC Foundation in conjunction with the sending of unsolicited e-mail, or originate, deliver, relay, or otherwise transmit unsolicited e-mail messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that the Site’s network addresses or WESPAC Foundation are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with WESPAC Foundation include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of “spamming” or similar inappropriate behavior should be reported to WESPAC Foundation immediately.

13. Feedback

Any comments or materials sent or communicated to WESPAC Foundation by any means, electronic, written or oral, including feedback data, such as questions, comments, suggestions, or the like regarding the Site or any other programs of WESPAC Foundation (collectively “Feedback”), is non-confidential. WESPAC Foundation has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, WESPAC Foundation is free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing concepts incorporating such Feedback.

14. Notices.

All written notices to WESPAC Foundation shall be delivered to: 17 Marble Avenue, Pleasantville, NY. WESPAC Foundation may provide you notices of changes to this Agreement or any other matter by displaying notices to you generally on the Site. WESPAC Foundation may change its addresses (e-mail or mailing) by displaying such changes on the Site.

15. Infringers and Digital Millennium Copyright Act.

Due to the open nature of this Site, it is possible users may post content that is infringing. If you become aware of any infringing content, please notify WESPAC Foundation. WESPAC Foundation responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.

16. Miscellaneous.

(a) Exclusivity.

This Agreement constitutes the complete and exclusive agreement between you and WESPAC Foundation and supercedes any other oral or written communications between the parties regarding the subject matter herein. Any rights not expressly granted herein are reserved.

(b) Severability.

If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

(c) Jurisdiction.

This Agreement is governed by the laws of the State of New York, without regard to conflicts of law provisions, and you hereby consent to the exclusive personal jurisdiction of the state and federal courts in Westchester County, New York, USA for any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to international laws or treaties, or the laws of the jurisdiction in which you reside, to have a case relating to this Agreement adjudicated or resolved in that jurisdiction.

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