Terms and Conditions
When you use the Services you agree to all of these terms. Your use of the Services is also subject to our PRIVACY which covers how we collect, use, share, and store your personal information. As used herein, “WOMAN ON,” “we,” “us,” and similar terms refer to WOMAN ON, Inc.. As used herein, “you,” “your,” and similar terms refer to the individual registering for or accessing the Services, and to any entity on behalf of which the individual registers for or accesses the Services.
You agree that by clicking “Join,” “Sign Up,” “Agree,” or similar, registering, accessing or using the Services (described below), you are agreeing to enter into a legally binding contract with WOMAN ON, Inc. (“WOMAN ON”) (even if you are using the Services on behalf of a company or entity). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use the Services, or any of its functions or features. If you wish to terminate this contract, you can do so at any time by closing your account and no longer accessing or using the Services. For security reasons, you will be required to log in before making any changes to your account, including closing your account.
This Contract applies to anyone accessing the Services, including both Registrants and Visitors to the Platform, as well as those accessing the Site or other Services.
1.2 Registrants and Visitors
When you register and join any of our registration-based Services you become a Registrant. If you have chosen not to register for the Services, you may access our Site and various Services, as well as certain features of the Platform as a “Visitor.”
2.1 Services Eligibility
Your eligibility and obligations under this Contract:
You must be 18 years old (“Minimum Age”) to register or to visit.
The Services is not for use by anyone under the Minimum Age.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Services account, which must be in your real name; and (3) you are not already restricted by us from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the Minimum Age.
2.2 Your Account
You will keep your password a secret.
You will not share an account with anyone else and will follow our rules and all legal requirements.
Registrants are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., content) and (3) follow all legal requirements, which may change or be updated from time to time. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased or obtained by another party for you to use (for example, if your employer is a corporate Member of WOMAN ON and creates accounts for its employees), the party registering for the Services has the right to control access to and get reports on your use of the Services.
The following terms apply to those who have purchased premium functions or features:
Generally. You will honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
Refunds are subject to our policy.
If you buy any of our paid services (“Products”) associated with the Services, you agree to pay us the applicable fees and taxes and to additional terms specific to the Products. Failure to pay these fees will result in the termination of your Products. Also, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your access and use of the Products, and to use to pay other Products you may buy.
- If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
- All of your purchases of Premium Services are subject to the Premium Service’s refund policy.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
2.4 Notices and Messages
You are okay with us providing notices and messages to you through our websites, emails, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Services, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
2.5 Sharing Information and Content
When you share information on the Services, others may be able to see, copy and use that information.
You warrant and represent that any information or content you share is either owned by you or you have the right to post, publish, or share such information or content. You warrant and represent that the information and content you share does not infringe upon or violate any third party’s rights (including but not limited to defamation, copyright infringement, or violations of others’ rights of privacy).
3. Rights and Limits
3.1. Your License to the Services
You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it.
We will honor the choices you make about who gets to see your information and content, including how it can be used for ads.
As between you and the Services and/or us, you own the content and information that you submit or post to the Services, and you are only granting us and the Services the following non-exclusive license:
A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish and process, information and content that you provide through the Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Services and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons License
- By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
- You promise to only provide information and content that you have the right to share, and that your Services profile will be truthful.
3.2 Services Availability
We may change, suspend or discontinue the Services, or any aspects, functions, or features of the Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
3.3 Other Content, Sites and Apps
Your use of others’ content and information posted on the Services, is at your own risk.
Others may offer their own products and services through the Services, and we are not responsible for those third-party activities.
In particular, while we encourage Registrants to share expertise and to recommend experts and professionals to one another, you agree that the use of any such experts or professionals, expertise, recommendations, purported factual statements, opinions, or the like is entirely at your own risk. While we reserve the right to remove any information or content, or any Registrant, from the Services, we are under no obligation to verify, perform due diligence, investigate, or confirm the validity, truthfulness, credentials, or expertise of any experts or professionals, expertise, recommendations, purported factual statements, opinions, or the like.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our Registrants or others. You agree that we are not responsible for others’ (including other Registrants’) content or information. We cannot always prevent this misuse of the Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news.
The Services may help connect Registrants offering their services (career coaching, accounting, etc.) with Registrants seeking services. We do not perform nor employ individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that we do not supervise, direct, control or monitor Registrants in the performance of these services and agree that (1) we are not responsible for the offering, performance or procurement of these services, (2) we do not endorse any particular Registrant’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between us or the Services and any Registrant offering services. If you are a Registrant offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Community Standards.
Similarly, we may help you register for and/or attend events organized by Registrants and connect with other Registrants who are attendees at such events. You agree that (1) we are not responsible for the conduct of any of the Registrants or other attendees at such events, (2) we do not endorse any particular event listed on the Services, (3) we do not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.
We have the right to limit how you connect and interact on the Services.
We reserve the right to limit your use of the Services, including the number of your connections and your ability to contact other Registrants. We reserve the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of our Community Standards.
3.5 Intellectual Property Rights
We reserve all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. “WOMAN ON” logos and other trademarks of ours, service marks, graphics and logos used for the Services are trademarks or registered trademarks of WOMAN ON.
3.6 Automated Processing
We use data and information about you to make relevant suggestions to you and others.
We use the information and data that you provide and that we have about Registrants to make recommendations for connections, content and features that may be useful to you. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
4. Disclaimer and Limit of Liability
4.1 No Warranty
WOMAN ON AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WOMAN ON AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), WOMAN ON, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
WOMAN ON AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and WOMAN ON, and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if the Services or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
We can each end this Contract, but some rights and obligations survive.
Both you and WOMAN ON may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Registrants and/or Visitors’ rights to further re-share content and information you shared through the Services;
- Sections 4, 6, 7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
6. Governing Law and Dispute Resolution
This Contract is governed by the laws of the State of Delaware, without regard to conflict of laws principles. In the unlikely event we end up in a legal dispute, you and WOMAN ON agree to resolve it federal or state courts (or if applicable, arbitration or mediation) and you agree to the personal jurisdiction of all courts within for the purposes of any dispute in whole or in part based on or related to this Contract.
However, this section shall not deprive you of any mandatory consumer protections under the law of the country or locale to which we direct the Services or any of our services to you, where you have your habitual residence.
7. General Terms
Here are some important details about the Contract.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we do not act to enforce a breach of this Contract, that does not mean that WOMAN ON has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your account or use of the Services) to anyone without our consent. However, you agree that we may assign this Contract to its affiliates or a party in the event of acquisition, merger, or transfer of assets with respect to the Services or WOMAN ON. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. The Services “Dos and Don’ts”
The Services is a collective of women and a course This list of “Dos and Don’ts” limit what you can and cannot do on the Services.
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile on the Platform and any other registration-based Services; and
- Use the Platform and other Services in a professional manner.
You agree that you will not:
- Create a false identity on the Services, misrepresent your identity, create a Registrant profile or account for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Services (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of WOMAN ON;
- Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
- Violate the intellectual property or other rights of WOMAN ON, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using any of our brand names or our logos in any business name, email, or URL except as allowed in our terms
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by us without our express consent;
- Rent, lease, loan, trade, sell/resell or otherwise monetize the Platform or related data or access to the same, without our consent;
- Deep-link to the Platform for any purpose other than to promote your profile, your content or a group on the Platform, without our consent and the consent of others affected;
- Use bots or other automated methods to access the Platform, add or download contacts, send or redirect messages;
- Monitor the Platform’s availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;
- Overlay or otherwise modify the Platform or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Registrants be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Registrants.
10. How To Contact Us
For general inquiries, you may contact us at [email protected]. For legal notices or service of process, you may write us at:
3600 Preston Road
Plano, TX 75024
Last Updated: September 9, 2020