WOMANOWNED USER AGREEMENT
Last updated 5/1/2012
The purpose of WomanOwned, LLC d/b/a WomanOwned ("WomanOwned.com") is to connect and promote the world’s women business owners and employees and to enable them to be more successful. To achieve our purpose, we make services available through our website and mobile applications to help you, your employees, and thousands of other business professionals to promote their business, connect with others, learn, make deals, and find opportunities or funding.
TERMS OF SERVICE
Applicable laws and this Agreement
License and warranty for your submissions to WomanOwned
You own the information you provide WomanOwned under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant WomanOwned a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to WomanOwned, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to WomanOwned, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your WomanOwned profile information accurate and updated.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a WomanOwned account, (3) are not a competitor of WomanOwned or are not using the Services for reasons that are in competition with WomanOwned; (4) will only maintain one WomanOwned account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of WomanOwned, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your WomanOwned account to another party; and (5) refrain from charging anyone for access to any portion of WomanOwned, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact WomanOwned.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through WomanOwned.
Payment and Automatic Renewal
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Membership Services”), you agree to WomanOwned or third party payment services (such as Paypal) storing your payment card information. You also agree to pay the applicable fees for the Membership Services (including, without limitation, periodic fees for membership accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Membership Services by contacting WomanOwned. WomanOwned will not refund Membership Service fees that have already processed our payment system. You acknowledge that WomanOwned reserves the right, at any time, to modify its Membership Fees and billing methods. Unless such Membership Service is cancelled or terminated, all membership plans will be automatically renewed on the term which was selected by the user at the time of registration.
As a condition of your use of the Service, you agree to (a) provide WomanOwned with true, accurate, current and complete information as prompted by the WomanOwned's registration forms, when registering for or using the Service and (b) update and maintain the truthfulness, accuracy and completeness of such information.
Canceling Your Membership
If you decide to cancel your membership with the Service, your cancellation request must be received no later than 5:00p.m. (NEW ALBANY, OHIO LOCAL TIME) on the business day prior to your scheduled renewal payment date. You may cancel your monthly membership by providing WomanOwned with notice of Your desire by contacting WomanOwned by first class certified mail at 5500 New Albany Road, Suite 300, New Albany, OH 43054, by TELEPHONE at (614) 479-0000, or by email at firstname.lastname@example.org.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON WOMANOWNED, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR WOMANOWNED AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WOMANOWNED DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY WOMANOWNED OR ANYTHING RELATED TO WOMANOWNED, YOU MAY CLOSE YOUR WOMANOWNED ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH “Canceling Your Membership” AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
WOMANOWNED IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF PROFILES OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH WOMANOWNED TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
WOMANOWNED DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, WOMANOWNED DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
WOMANOWNED DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WOMANOWNED DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WOMANOWNED DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WOMANOWNED SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
LIMITATION OF LIABILITY
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither WomanOwned nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“WomanOwned Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Membership Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from WomanOwned. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that WomanOwned may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
- Not apply if you have entered into a separate agreement to purchase Membership Services with a separate Limitation of Liability provision that supersedes this section in relation to those Membership Services.
In connection with your use of the Service, you represent and warrant that you:
- (a) are above the age of eighteen (18);
- (b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- (c) will not submit any information that may be considered by WomanOwned to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- (d) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with WomanOwned, or otherwise attempt to mislead others as to the identity of the business;
- (e) will not submit information that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
- (f) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
- (g) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
- (h) will not use the Service in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- (i) will not use the Service in any way that could interfere with the rights of WomanOwned or the rights of other users of the Service;
- (j) have sufficient rights in and to all content that you provide, transmit or otherwise convey to WomanOwned in connection with the Service;
- (k) agree not to re-sell or assign your rights or obligations under this Agreement;
- (l) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
Disclosure of Information
WomanOwned may make your identifiable information, account information and the Content available to our employees and third parties with whom we contract for use to handle your account. In addition, WomanOwned may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about you and WomanOwned users to advertisers, Service Providers and other third parties. You agree that WomanOwned may make such uses of information you provide or WomanOwned collects.
You agree that WomanOwned may access, preserve and disclose your account information, any information provided by you to WomanOwned, including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if in good faith, WomanOwned believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of WomanOwned, its users and/or the public.
As WomanOwned continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
Term and Termination
The initial term of this Agreement will be defined in your membership plan, and will continue for automatic subscription renewals thereafter until termination by either party in accordance with THE TERMS OF this Agreement.
If WomanOwned deems it necessary, in its sole discretion, WomanOwned may immediately terminate this Agreement, your account and your access to the Service. If WomanOwned merely terminates your account for its convenience and you are not in breach of this Agreement, WomanOwned will refund your membership fees on a pro rata basis from the date of such termination to the end of the then current term.
Termination of your account will include removal of your access to all offerings of the Service, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Service.
Modification of Terms and Conditions
WomanOwned will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.WomanOwned.com). WomanOwned will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.
This Agreement governs your use of the Service and constitutes the entire agreement between you and WomanOwned. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and WomanOwned regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to WomanOwned under this Agreement.
This Agreement and the relationship between you and WomanOwned will be governed by the laws of the State of Ohio, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Columbus, Ohio and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that WomanOwned may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.