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THE GUIDE
WOmen’s Wealth and impact network W.I.N!
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS
AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE
ACCESSING,
USING, OR SUBSCRIBING OR PLACING AN ORDER OVER
WWW.THEWOMENSWINNETWORK.COMOR OTHER OF OUR SITES WHICH LINK
TO THESE
TERMS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND
LIMITATIONS
OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER
PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT
TO A
JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE
SECTIONS
11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND IS THE
EXCLUSIVE
REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN
SECTION
19. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The use of WWW.THEWOMENSWINNETWORK.comor other sites to
which these Terms are linked (each, a
“Website”), owned and maintained by WOMEN WIN NETWORK LLCTHEWOMENSWINNETWORK
(“THEWOMENSWINNETWORK,” “we,”
“our,” “us”), are governed by these Terms. We offer the
Website, including all information,
tools, and services available from the Website to you, the
user, conditioned upon your acceptance
of all terms and conditions stated herein. By accessing,
using, subscribing, or placing an order
over the Website, you and your business (including any sub
users you may have) agree to the
terms and conditions set forth herein. If you do not agree
to these Terms in their entirety, you
are not authorized to use the Website in any manner or form
whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR
PRIVACY
STATEMENT AND DATA PROCESSING ADDENDUM FORM A LEGALLY
BINDING
AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS
(“YOU”)
AND THEWOMENSWINNETWORK. THIS AGREEMENT GOVERNS YOUR ACCESS
TO AND USE
OF THE WEBSITE AND THE SERVICES PROVIDED BY THEWOMENSWINNETWORK,
ANY ORDER
YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER
ACCEPTED
METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED
USE OF
THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE
WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT
FOR YOUR
RECORDS.
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults.
If you use the Website, you are
affirming that you are at least 18 years old or the legal
age of majority in your state or province
of residence (whichever is greater), operate a business,
have the legal capacity to enter into a
binding contract with us, and have read this Agreement and
understand and agree to its terms.
We recognize in certain instances, the Website may be
accessed by to youth under the age of 18.
In these instances, by accessing the Website, you are
affirming that your parent or guardian, of at
least 18 years old, has given requisite verifiable consent
for you to do so and that they agree to
these terms on your behalf.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS – LICENSE
TERMS
All aspects of our Website are protected by U.S. and
international copyright, trademark, and
other intellectual property laws, including all content,
information, design elements, text
material, logos, taglines, metatags, hashtags, photographic
images, testimonials, personal stories,
icons, video and audio clips, and downloads. No material on
the Website may be copied,
reproduced, distributed, republished, uploaded, displayed,
posted, or transmitted in any way
whatsoever. The THEWOMENSWINNETWORK trademark and logo are
proprietary marks of THEWOMENSWINNETWORK, and
the use of those marks is strictly prohibited. Nothing
herein gives you the right to use, copy,
register as a domain name, reproduce, or otherwise display
any logo, tagline, trademark, trade
name, copyrighted material, patent, trade dress, trade
secret, or confidential information owned
by THEWOMENSWINNETWORK.
Subject to your continued strict compliance with these
Terms, THEWOMENSWINNETWORK provides to you a
revocable, limited, non-exclusive, royalty-free,
non-sublicensable, non-transferable license to use
the Website. You acknowledge and agree that you do not
acquire any ownership rights in any
material protected by intellectual property laws.
If you purchase a subscription to THEWOMENSWINNETWORK
software over the Website, THEWOMENSWINNETWORK provides
to you a revocable, limited, non-exclusive,
non-sublicensable, non-transferable license to use the
software. You acknowledge and agree that: (1) the software
is copyrighted material under
United States and international copyright laws that is
exclusively owned by THEWOMENSWINNETWORK; (2)
you do not acquire any ownership rights in the software; (3)
you may not modify, publish,
transmit, participate in the transfer or sale, or create
derivative works from the content of the
software; (4) except as otherwise expressly permitted under
copyright law, you may not copy,
redistribute, publish, display or commercially exploit any
material from the software without the
express written permission of THEWOMENSWINNETWORK; and (5)
in the event of any permitted copying (e.g.,
from the Website to your computer system), no changes in or
deletion of author attribution,
trademark, legend or copyright notice shall be made. If you
choose to purchase the use of an
image from Shutterstock through the THEWOMENSWINNETWORK
platform, you will be given a limited,
non-exclusive, non-sublicensable, non-transferable license
by Shutterstock to use those image(s)
such that you can re-use said image(s) solely on the
associated THEWOMENSWINNETWORK account related to
said purchase, and only as long as you do not breach these
Terms or that of Shutterstock. Images
cannot be used in a shared funnel, downloaded outside of the
THEWOMENSWINNETWORK platform or used
within any other THEWOMENSWINNETWORK account. To the extent
you breach any of the terms referenced
herein, your rights will be immediately terminated without
notice.
You agree not to use or attempt to use the Website or any
software provided by THEWOMENSWINNETWORK,
whether alone, or in conjunction with other software or
hardware, in any unlawful manner or a
manner harmful to THEWOMENSWINNETWORK. You further agree not
to commit any harmful or unlawful act
or attempt to commit any harmful or unlawful act on or
through the Website or through use of
any software or hardware including, but not limited to,
refraining from:
A. HARMFUL OR PROHIBITED ACTS. Any dishonest or unethical
business practice; any
violation of the law; infliction of harm to THEWOMENSWINNETWORK’
reputation; hacking and other
digital or physical attacks on the Website; scraping,
crawling, downloading,
screen-grabbing, or otherwise copying content on the Website
and/or transmitting it in
any way we haven’t specifically permitted; introducing,
transmitting, or storing viruses or
other malicious code; interfering with the security or
operation of the Website; framing or
mirroring the Website; creating, benchmarking, or gathering
intelligence for a
competitive offering; infringing another party’s
intellectual property rights, including
failing to obtain permission to upload/transfer/display
works of authorship; intercepting
or expropriating data; deceptive manipulation of media; and
the violation of the rights of
THEWOMENSWINNETWORK or any third party;
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero
tolerance
for spam and unsolicited communications. Any communications
sent or authorized by
you reasonably deemed “spamming,” or any other unsolicited
solicitations (including
without limitation postings on social media or third party
blogs) will be deemed a
material threat to THEWOMENSWINNETWORK’ reputation and to
the rights of third parties. It is your
obligation, exclusively, to ensure that all business
communications comply with state and
local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted,
or authorized by
you, including without limitation postings on any website
operated by you, or social
media or blog, which are: sexually explicit, obscene,
vulgar, or pornographic; offensive,
profane, hateful, threatening, harmful, inciting,
defamatory, libelous, harassing, or
discriminatory; misleading, false, or misinforming;
graphically violent; or solicitous of
unlawful behavior.
D. SENSITIVE INFORMATION. You will not import, or
incorporate into, any contact lists
or other content you upload to any website, software, or
other electronic service hosted,
provided by or connected to THEWOMENSWINNETWORK, any of the
following information: social
security numbers, national insurance numbers, credit card
data, passwords, security
credentials, bank account numbers, or sensitive personal,
health or financial information
of any kind.
E. ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal
business activity, including
without limitation multi-level marketing (except in
compliance with the FTC’s Business
Guidance Concerning Multi-Level Marketing, promoting the
sale or use of illegal drugs
(including but not limited to Marijuana-derived CBD Oil); or
infringing or promoting the
infringement of the intellectual property rights of another.
In addition to the foregoing, THEWOMENSWINNETWORK requires
you to follow these best practices when
sending electronic communications:
● Use only permission-based marketing electronic
communications lists (i.e., lists in which
each recipient affirmatively opted-in to receiving those
electronic communications).
● Always include a working “unsubscribe” mechanism in each
marketing electronic
communication that allows the recipient to opt out from your
mailing list
(receipt/transactional messages that are exempt from
“unsubscribe” requirements of
applicable law are exempt from this requirement).
● Comply with all requests from recipients to be removed
from your mailing list within the
earlier of ten (10) days of receipt of the request, or the
deadline under applicable law.
● Maintain, publish, and comply with a privacy policy that
meets all applicable legal
requirements, whether or not you control the sending of the
electronic communications.
● Include in each electronic communication a link to your
then-current privacy policy
applicable to that electronic communication.
● Include in each electronic communication your valid
physical mailing address or a link to
that information.
● Do not send electronic communications to addresses
obtained from purchased or rented
lists.
● Do not use third party electronic addresses, domain names,
or mail servers without proper
permission from the third party.
● Do not routinely send electronic communications to
non-specific addresses (e.g.,
webmaster@domain.com or info@domain.com).
● Do not engage in spamming.
● Do not disguise the origin, or subject matter of, any
electronic communications or falsify
or manipulate the originating message address, subject line,
header, or transmission path
information for any electronic communication.
● Do not send offers to obtain or attempt to obtain personal
information, or generate leads,
for third parties.
● Do not send “chain letters,” “pyramid schemes,” or other
types of electronic messages
that encourage the recipient to forward the content to
strangers.
● Do not send to lists of addresses that are
programmatically generated or scraped from the
Internet.
● Do not employ sending practices, or have overall message
delivery rates, which may
cause harm to our services or other users of our services.
● Do not send messages that may be considered junk mail.
Some examples of these types
of messages include, but are not limited to, messaging
related to penny stocks, gambling,
multi-level marketing (except in compliance with the FTC’s
Business Guidance
Concerning Multi-Level Marketing), direct to consumer
pharmaceutical sales, and
payday loans.
You further agree to conduct yourself and all of your
businesses in full compliance with all
applicable laws, whether through the use of THEWOMENSWINNETWORK
or otherwise.
SECTION 3 – OUR PRIVACY STATEMENT AND DATA PROCESSING
ADDENDUM
AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your
non-public, personal information.
Your submission of personal information through the Website
is governed by our Privacy
Statement and, if you and/or your end users are located in
the European Union, United Kingdom,
Brazil, or California (USA), our Data Processing Addendum
(“DPA”) as well. Our Privacy
Statement may be viewed at https://THEWOMENSWINNETWORK.com/privacy-policy
THEWOMENSWINNETWORK reserves the right to modify its
Privacy Statement and DPA in its reasonable discretion from
time-to-time. Our Privacy
Statement and DPA are incorporated into this Agreement by
reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION;
PASSWORDS;
PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a THEWOMENSWINNETWORK user, you will be required to
create an account with THEWOMENSWINNETWORK. You
warrant that the information you provide us is truthful and
accurate, and that you are not
impersonating another person. You are responsible for
maintaining the confidentiality of any
password you may use to access your THEWOMENSWINNETWORK user
account, and you agree not to transfer
your password or user name, or lend or otherwise transfer
your use of or access to your user
account, to any third party. You are also responsible for
maintaining the confidentiality of
proprietary or non-public information we may share with you
as a THEWOMENSWINNETWORK user, such as
technical information, our pricing, our business strategy,
and data about other past or current
THEWOMENSWINNETWORK users or their customers.
So called “agency accounts,” or accounts in which you host
funnels for third parties, are
prohibited. Should your usage data indicate, in THEWOMENSWINNETWORK’
sole and exclusive discretion, that
you are operating an agency account, you will be subject to
cancellation of your THEWOMENSWINNETWORK
user account or enhanced pricing for your THEWOMENSWINNETWORK
user account, at THEWOMENSWINNETWORK’ sole and
exclusive discretion. You are fully responsible for all
transactions with, and information
conveyed to, THEWOMENSWINNETWORK under your user account.
You agree to immediately notify
THEWOMENSWINNETWORK of any unauthorized use of your password
or user name or any other breach of
security related to your user account. You agree that THEWOMENSWINNETWORK
is not liable, and you will hold
THEWOMENSWINNETWORK harmless, for any loss or damage arising
from your failure to comply with any of
the foregoing obligations. Please see Section 21 below for
additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received
by us before your order is accepted.
We may require additional information regarding your order
if any required information was
missing or inaccurate, and may cancel or limit an order any
time after it has been placed. Your
electronic order confirmation, or any form of confirmation,
does not signify our acceptance of
your order. You must contact us immediately at support@THEWOMENSWINNETWORK.com
in order to modify or
cancel your pending order. We cannot guarantee that we will
be able to amend your order in
accordance with your instructions.
All items are subject to availability. We will notify you if
any item is not available, the expected
availability date, and may offer you an alternative product
or service. If the availability of any
product or service is delayed and you do not wish to
substitute the product or service, upon your
request, we will cancel your order and if previously
charged, your payment card will be fully
refunded for that specific order. We reserve the right to
limit the sales of our products and
services to any person, geographic region, or jurisdiction.
We may exercise this right on a
case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is
conditioned on you re-affirming your
acceptance of this Agreement.
All advertised prices are in, and all payments shall be in,
U.S. Dollars.
SECTION 6 – REFUNDS FOR HARD GOODS
If you have purchased a “hard good” (for example, a book or
other tangible product) from
THEWOMENSWINNETWORK or any related brands, you may receive a
limited refund if you comply with the
following conditions (unless otherwise specified):
1. You must request a refund in writing by contacting
support@THEWOMENSWINNETWORK.com;
2. Your request for a refund must be made within thirty (30)
days of your purchase;
3. You must return the hard goods to THEWOMENSWINNETWORK
immediately, according to the shipping
and other instructions you will receive by email after
requesting a refund;
4. The hard goods must be returned to THEWOMENSWINNETWORK in
like-new, or re-sellable condition, as
determined in THEWOMENSWINNETWORK’ sole, reasonable
discretion.
SECTION 7 – TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT,
AND
CANCELLATION
Where we offer you a free trial of THEWOMENSWINNETWORK, such
free trial will start immediately after your
registration and continue for the free trial offer period as
indicated on the Website at the time you
register. Free trial subscriptions are only available to new
subscribers of THEWOMENSWINNETWORK and for
the limited periods as set out on the Website. Previous
subscribers or those subscribers who have
already benefited from a free trial subscription to THEWOMENSWINNETWORK
do not qualify for a further free
trial period.
THEWOMENSWINNETWORK will email a reminder that your trial is
ending at least 7 days prior to you
being charged. If you do not want to continue your
subscription after your free trial comes
to an end, you must contact us at least 24 hours before your
free trial period ends by
submitting a cancellation request to us via our support
email address
support@THEWOMENSWINNETWORK.com, or by cancelling your free
trial through your Account
Dashboard, as detailed here. If you do not contact us at
least 24 hours before your free
trial period ends to cancel, your subscription will
automatically continue and the payment
card that you provided at the time of enrollment online will
be charged the full
THEWOMENSWINNETWORK monthly membership subscription rate
provided at the time of enrollment
each month until you cancel. THEWOMENSWINNETWORK can change
the monthly membership subscription
rate at any time. If the membership subscription rate
changes after you subscribe, we will notify
you by email and give you an opportunity to cancel.
If you wish to cancel your THEWOMENSWINNETWORK subscription
(including subscriptions for services) at any
time after a free trial or discounted period ends, you must
submit a cancellation request to us via
our support email address support@THEWOMENSWINNETWORK.com or
through your Account Dashboard, as
detailed here. For monthly subscriptions (including
subscriptions for services), we require at
least ten (10) days’ notice of cancellation by email. If you
provide such notice less than ten (10)
days before the first day of your next subscription month,
your credit card may still be charged.
You will not be entitled to prorate your last month’s use,
nor will you be entitled to any refund
for any payments to THEWOMENSWINNETWORK. For annual
subscriptions, we also require at least ten (10)
days’ notice of cancellation by email. If you provide such
notification less than ten (10) days
before the first day of your next subscription year, your
credit card may still be charged. If you
cancel before the end of your year, you will not be entitled
to a refund but we will provide you
with a credit towards other THEWOMENSWINNETWORK’
subscription services. THEWOMENSWINNETWORK in its sole
discretion may charge a cancellation fee equal to the amount
the subscription was discounted.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A THEWOMENSWINNETWORK user is responsible for paying all
sums due to THEWOMENSWINNETWORK in connection with
their monthly subscription in accordance with these Terms.
The first fee payable in accordance
with these Terms is due when the user account is set up and
payment of the monthly fee is a
condition of access, or after your free trial ends and you
have not canceled the automatic
subscription with us. Every calendar month, your account
will be charged up to the subscription
fee plus applicable tax for the following month’s
subscription, together with any other fees for
the following month’s subscription plus any accumulated
charges for the past period
(collectively, “Fees”). Failure by the THEWOMENSWINNETWORK
user to use any of the services available
through the service provided by THEWOMENSWINNETWORK does not
relieve the THEWOMENSWINNETWORK user of their
payment obligations under these Terms.
Potential users can pay by credit card or debit card.
Payment details shall be collected by us
through our secure financial data collection mechanism. You
acknowledge and agree that we
hold data relating to the transaction, including the last
four digits and the expiration date of the
card used to purchase the products or services together with
details on when payment is due.
You further acknowledge and agree that payments are due on a
recurring basis in
accordance with the payment terms for the specific service
purchased (unless the
subscription is cancelled in accordance with these Terms)
and therefore authorize the
automatic payment collection terms applicable to that
specific service (e.g., on a monthly
basis and for a specific amount). If for whatever reason, we
are unable to process your
monthly subscription payment, we may in our sole discretion,
charge you a lesser amount to
“pause” your account and retain your information as we
attempt to contact you for updated
payment information.
IF YOU ARE A THEWOMENSWINNETWORK USER WITH A MONTHLY OR
ANNUAL
SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR
DEBIT
CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT
WILL BE
AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED
PAYMENT
DATE (MONTHLY OR ANNUALLY) AND WILL BE BILLED TO THE PAYMENT
METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. AS
NOTED
ABOVE, IF WE DO NOT RECEIVE SUFFICIENT FUNDS, WE MAY CHARGE
YOU A
LESSER AMOUNT TO PAUSE YOUR ACCOUNT. IF YOU WISH TO CANCEL
YOUR
SUBSCRIPTION TO THEWOMENSWINNETWORK, YOU MAY DO SO THROUGH
YOUR ACCOUNT
DASHBOARD OR BY EMAILING SUPPORT@THEWOMENSWINNETWORK.COM AT
LEAST TEN
(10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION
MONTH.
THEWOMENSWINNETWORK reserves the right to immediately
terminate a user’s account and/or service for any
unpaid (in whole or part) period of the subscription (with
or without notice). Termination of
service in no way relieves or excuses the user from any
obligation to pay outstanding charges or
expenses. In the event THEWOMENSWINNETWORK starts collection
processes of any type, you will be liable for
all collection costs, including legal fees and expenses, as
provided in Section 20 below.
In addition to any Fees, THEWOMENSWINNETWORK may also charge
applicable value added or other tax.
SECTION 9 – SHIPPING FEES
Unless otherwise stated on the Website at the time of
purchase, if we ship you a physical product,
we reserve the right to add applicable shipping and handling
fees to your order. Unless
otherwise stated, we will use commercially reasonable
efforts to fulfill your order within a
reasonable time after receipt of your properly completed and
verified order. Accurate shipping
address and phone number information is required. Although
we may provide delivery or
shipment timeframes or dates, such dates are good-faith
estimates and are subject to change. If
your order will be delayed, we will contact you at the email
address you provided when placing
your order. If we are unable to contact you or you would
like to cancel your order, we will cancel
the order and refund the full amount charged. We shall not
be liable for any loss, damage, cost, or
expense related to any delay in shipment or delivery caused
by any third party carrier or other
delivery service not owned or controlled by us. The risk of
loss and title for such items pass to
you upon our delivery to any third party carrier.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE
WEBSITE
Products, services, and prices are generally posted at the
following URL, but are subject to
change: https://www.THEWOMENSWINNETWORK.com/signupchart. At
times, THEWOMENSWINNETWORK may also offer
services, such as its which will be described
when offered but nonetheless governed by this Agreement. THEWOMENSWINNETWORK
may also offer
additional products and services through other sites to
which it owns or controls; such sites are
also governed by the terms herein. THEWOMENSWINNETWORK
reserves the right, without notice, to discontinue
products or services or modify specifications and prices on
products and services without
incurring any obligation to you. Except as otherwise
expressly provided for in these Terms, any
price changes to your subscription or purchase of product(s)
or services will take effect following
email notice to you.
You acknowledge and agree that if you join the services
do not include travel or lodging, such travel or lodging
expenses incurred by you shall be your
responsibility and shall be in addition to any costs or fees
associated with the program. You also
acknowledge that the content of the services, including without limitation the
materials and information provided to you as education, is
confidential and proprietary to
THEWOMENSWINNETWORK; accordingly, you agree that you shall
not communicate the teachings, materials, or
other information acquired or learned from the services to any other person.
Price changes are effective on the first day of the month
after the price change is posted. By
accessing, using, subscribing or placing an order over the
Website, you authorize THEWOMENSWINNETWORK to
charge your account in the amount indicated for the value of
the services you select, including
any future price changes. If you request a downgrade in
services, the downgrade (and
corresponding price reduction) will become effective on the
first day of the month following
your requested downgrade. By your continued use of THEWOMENSWINNETWORK
services, and unless you
terminate your subscription as provided herein, you agree
that THEWOMENSWINNETWORK may charge your
credit card monthly for the products and services you have
selected, and you consent to any price
changes for such services after email notice has been
provided to you.
THEWOMENSWINNETWORK takes reasonable steps in an effort to
ensure that the prices set forth on the Website
are correct, and to accurately describe and display the
items available on the Website. If the
correct price of our product is higher than its stated
price, we will, at our discretion, either
contact you for instructions or cancel your order and notify
you of such cancellation.
When ordering products or services, please note that THEWOMENSWINNETWORK
does not warrant that product
or service descriptions are accurate, complete, current, or
error-free, or that packaging will match
the actual product that you receive. All sales are deemed
final except as provided in Section 6 of
these Terms. THEWOMENSWINNETWORK’ descriptions of, or
references to, products or services not owned by
THEWOMENSWINNETWORK are not intended to imply endorsement of
that product or service, or constitute a
warranty by THEWOMENSWINNETWORK.
SECTION 11 – DISCLAIMER – YOUR BUSINESS’ INDIVIDUAL RESULTS
WILL
VARY
Every online business is different, employing different
strategic approaches and organizational
structures, and offering different products and services.
Therefore, individual results will vary
from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL
VARY DEPENDING
UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING
BUT NOT
LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND
SERVICE
OFFERINGS.
THEWOMENSWINNETWORK does not promise, guarantee, or warrant
your business’ success, income, or
sales. You understand and acknowledge that THEWOMENSWINNETWORK
will not at any time provide
sales leads or referrals to you or your business. Those
businesses who purchase our
products or services will receive access to software and
tools to create Internet sales funnels
and otherwise assist with their respective online offerings.
However, we do not guarantee
your business’ success and based upon many market factors
that we cannot control, the
software and tools we provide may or may not be applicable
to your specific business.
Further, we do not make earnings claims, efforts claims,
return on investment claims, or
claims that our software, tools, or other offerings will
make your business any specific
amount of money, and it is possible that you will not earn
your investment back. We do not
sell a business opportunity, “get rich quick” program,
guaranteed system, franchise system,
or a business in a box. You should not purchase our products
or services if that is your
expectation. Instead, you should purchase with the
understanding that using the
information and software purchased will take time and effort
and may be applicable in
some situations but not others. Also, we do not offer any
tax, accounting, financial, or legal
advice. You should consult your business’ accountant,
attorney, or financial advisor for
advice on these topics.
SECTION 12 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
You represent and warrant that you operate a business in
good standing and you agree that there
are no prior or pending government investigations or
prosecutions against you or your business.
You also agree that you and your business will only use THEWOMENSWINNETWORK’s
products and services for
lawful purposes and that you shall not use such products or
services, whether alone or in
connection with other software, hardware, or services, for
any unlawful or harmful purpose. You
are solely and exclusively responsible for complying with
any and all applicable laws and
regulations in running your business, including, but not
limited to, all laws governing advertising
and marketing claims, subscriptions, refunds, premium
offers, tax laws, and all additional laws
applicable to your business. You agree to notify THEWOMENSWINNETWORK
if any investigation or lawsuit is
threatened or filed against you, whereupon THEWOMENSWINNETWORK
shall have the right to terminate this
Agreement without liability. THEWOMENSWINNETWORK shall have
no liability for your violation of any laws.
You are solely and exclusively responsible for collecting
and reporting any and all sales and use
tax, and any other taxes, which may apply to sales of
products or services by your business
including, but not limited to, taxes which may apply to
voluntary donations provided by your
customers (as described in Section 13 below). THEWOMENSWINNETWORK
shall not be responsible to collect or
report any taxes which may apply to your business or sales
of products or services by your
business. You agree to indemnify THEWOMENSWINNETWORK as set
out in Section 21 below in the event that
you and/or your business violates any law and a claim is
threatened or asserted against
THEWOMENSWINNETWORK as a result.
SECTION 13 – OPTIONAL ORDER “ROUND UPS” FOR CHARITABLE
DONATIONS
AND POTENTIAL TAX IMPLICATIONS
THEWOMENSWINNETWORK, in its sole and exclusive discretion,
may provide an opportunity for you and
customers of your online business to voluntarily “round up”
purchases at checkout by various
dollar amounts, such as one, three, five, or ten dollars, to
be donated to charitable organizations under Canadian and
United States
law, respectively, that are tax-exempt under Section 149 of
the Canadian Income Tax Act and
Section 501(c)(3) of the Internal Revenue Code of 1986, as
amended (each, individually,
“Charity”). You agree that such “round up” donation amounts
shall not be charged as a separate
charge to your customer, but shall be included in a single
charge for the total purchase price
charged to your customer. THEWOMENSWINNETWORK agrees to keep
any “round up” donations in a separate,
non-interest bearing account pending contribution of such
amounts to the Charity. Any amounts
constituting “round up” donations shall be irreversibly
transferred to THEWOMENSWINNETWORK, as agent and
nominee for the Charity. You understand and agree that
neither you nor your customers shall be
entitled to any refund of any “round up” donations,
regardless of whether a customer returns any
or all items purchased from your online business. You
understand and agree that such donations
may be subject to sales tax, and that it is your sole and
exclusive responsibility to collect and
report such tax for sales to your customers. You further
understand and agree that “round up”
donations may not be tax deductible by you or your
customers. You understand and agree that
THEWOMENSWINNETWORK is acting as nominee and agent of the
Charity with regards to any “round up”
donations and, pursuant thereto, THEWOMENSWINNETWORK shall
transfer such amounts to the Charity as soon
as practicable, but in no event later than sixty (60) days
after receipt of each donation.
SECTION 14 – COMMISSIONS PROGRAM AND INDEPENDENT THEWOMENSWINNETWORK
AFFILIATE PROGRAM
Affiliate agreement (the “Affiliate Agreement”). THEWOMENSWINNETWORK
reserves the sole and exclusive
right to determine the amount of remuneration each Affiliate
will receive in exchange for the
Affiliate’s efforts. Affiliate commission is further
discussed in the Affiliate Agreement. For
avoidance of doubt, Affiliates are independent contractors
and are not employees or agents of
THEWOMENSWINNETWORK. Affiliates have no authority to act on
behalf of or bind THEWOMENSWINNETWORK. Affiliates
shall be solely and exclusively responsible for all costs
and other expenses incurred. Sections 18
and 20 below – in their entirety (as well as all other terms
in this Agreement) – apply to
Affiliates, and further govern the relationship between THEWOMENSWINNETWORK
and each Affiliate.
To find out more information about the Affiliate program and
the additional terms that apply,
please click here. For avoidance of doubt, all Sections of
these Terms apply to you in your role as
an Affiliate, unless expressly provided otherwise.
SECTION 15 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
THEWOMENSWINNETWORK is pleased to hear from users and
customers and welcomes your comments
regarding our services and products. THEWOMENSWINNETWORK may
use testimonials and/or product reviews
in whole or in part together with the name, city, and state
of the person submitting it.
Testimonials may be used for any form of activity relating
to THEWOMENSWINNETWORK’ services or products,
in printed and online media, as THEWOMENSWINNETWORK
determines in its sole and exclusive discretion.
Testimonials represent the unique experience of the
participants and customers submitting the
testimonial, and do not necessarily reflect the experience
that you and your business may have
using our services or products. As set forth above in
Section 11, your business’ results will vary
depending upon a variety of factors unique to your business
and market forces beyond
THEWOMENSWINNETWORK’ control. Note that testimonials,
photographs, and other information that you
provide to us will be treated as non-confidential and
nonproprietary, and, by providing them, you
grant THEWOMENSWINNETWORK a royalty-free, worldwide,
perpetual, non-exclusive and irrevocable license to
use them.
Additionally, THEWOMENSWINNETWORK reserves the right to
correct grammatical and typing errors, to shorten
testimonials prior to publication or use, and to review all
testimonials prior to publication or use.
THEWOMENSWINNETWORK shall be under no obligation to use any,
or any part of, any testimonial or product
review submitted.
SECTION 16 – COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT
AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS
As a THEWOMENSWINNETWORK user and/or Affiliate, whether or
not you display the THEWOMENSWINNETWORK’ Badge,
you must comply with all laws, both U.S. and foreign,
including, but not limited to, laws
prohibiting deceptive and misleading advertising and
marketing, e-mail marketing laws
(including the federal CAN-SPAM Act (15 U.S.C. § 7701)),
data protection laws (including but
not limited to the European Union General Data Protection
Regulation, U.K. Data Protection
Act, California Consumer Privacy Act, and Brazilian General
Data Protection Regulation),
telemarketing laws (including the federal Telephone Consumer
Protection Act (47 U.S.C. § 227)
and the Federal Trade Commission’s Telemarketing Sales Rule
(16 C.F.R. § 310)), laws
governing testimonials (including the Federal Trade
Commission’s Revised Endorsements and
Testimonials Guides (16 CFR Part 255)), and/or any similar
laws, laws relating to intellectual
property, privacy, security, terrorism, corruption, child
protection, or import/export laws. You are
solely responsible for ensuring their compliance with all
applicable laws, rules, regulations, and
court orders of any kind of any jurisdiction applicable to
you and your business, and any
recipient to whom you send digital messages using our
products or services. You have the
responsibility to be aware of, understand, and comply with
all applicable laws and ensure that
you and all users of your account comply with such
applicable laws at all times.
If you use any messaging software, including any THEWOMENSWINNETWORK-provided
messaging software
now existing or which may in the future be created, or any
other messaging system or other
software or hardware provided by you or a third-party, you
agree that you will follow all
applicable laws with respect to sending messages, including
without limitation the federal
Telephone Consumer Protection Act. You further agree to
indemnify and defend THEWOMENSWINNETWORK
from any claims, damages, losses, and lawsuits of any kind
or nature that may be made or
brought against THEWOMENSWINNETWORK relating in any way to
your violation of law or third-party rights by
use or misuse of any messaging software or hardware, whether
or not provided by THEWOMENSWINNETWORK.
You further understand and agree that THEWOMENSWINNETWORK
has no control over, and therefore cannot be
responsible for, the functionality or failures of any third
party software, including without
limitation Facebook, Facebook Messenger, and internet
browser notifications. THEWOMENSWINNETWORK
DOES NOT WARRANT THAT ANY THEWOMENSWINNETWORK MESSAGING
SOFTWARE WILL BE
COMPATIBLE WITH ANY THIRD PARTY SOFTWARE. YOU ARE SOLELY AND
EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL
MESSAGING
SOFTWARE AND/OR HARDWARE.
SECTION 17 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS
AVAILABLE”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL,
REPRESENTATIONS AND
WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY,
AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY
INFORMATION ON
THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY
DISCLAIM
THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE
SECURE,
TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN
COMBINATION WITH
ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE
WEBSITE,
SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS,
(C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE
QUALITY OF
ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER
MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET
YOUR
REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE
WEBSITE
WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT
MAKE THE
WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR
PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE
HEREBY
DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.
SECTION 18 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN
NO
EVENT SHALL THEWOMENSWINNETWORK OR ANY OF ITS OFFICERS,
DIRECTORS,
SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS,
TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR
ANY
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL,
PUNITIVE, OR
ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR
RELATED TO
THIS AGREEMENT INCLUDING THE PRIVACY STATEMENT AND DPA, THE
SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR
ATTEMPTED USE OF
THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS
OF
WHETHER THEWOMENSWINNETWORK HAS HAD NOTICE OF THE
POSSIBILITY OF SUCH
DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT
LIMITATION,
ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF
GOODWILL, COST
OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY
OTHER
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR
OTHER
DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH
DAMAGES
ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY,
WHETHER FOR
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY),
WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL THEWOMENSWINNETWORK’ LIABILITY TO YOU OR
YOUR BUSINESS
EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY
YOU TO
THEWOMENSWINNETWORK FOR THE MONTH PRECEDING THE DATE IN
WHICH THE FACTS
GIVING RISE TO A CLAIM AGAINST THEWOMENSWINNETWORK OCCURRED
OR
TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 19 – DISPUTE RESOLUTION BY MANDATORY BINDING
ARBITRATION
AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO
UNDERSTAND
YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY
LAW, YOU
AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR
BUSINESS
MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND
BINDING
CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU
AND
YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE
RIGHTS
THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT,
SUCH AS
DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY
NOT
EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A
CLAIM
IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR
OTHERWISE)
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT
CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER
ANY
FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW
OF AN
ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN
AWARD ON
AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT
(INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY
DAMAGES),
AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree
to first contact us at
support@THEWOMENSWINNETWORK.com to attempt to resolve the
dispute or controversy informally. Any
controversy or claim arising out of or related to the use of
the Website, any product, service, or
software, these Terms, the Privacy Statement, the DPA, the
Affiliate Agreement, or your
relationship with us that cannot be resolved through such
informal process or through negotiation
within one hundred and twenty (120) days shall be resolved
by binding, confidential arbitration
administered by the American Arbitration Association
(“AAA”), and judgment on the award
rendered may be entered in any court having jurisdiction
thereof. We agree that any claim we
may have against you or your business will also be subject
to this arbitration provision, except as
provided in Sections 20 and 21 below. The arbitration will
be conducted by a single neutral
arbitrator in the English language in Ada County, Idaho,
unless we both agree to conduct the
arbitration by telephone or written submissions. The
arbitrator shall be selected by agreement of
the parties or, if the parties cannot agree, chosen in
accordance with Rules of the AAA. The
arbitration will be conducted in accordance with the
provisions of the AAA’s Commercial
Arbitration Rules and Procedures, in effect at the time of
submission of the demand for
arbitration. The AAA’s Rules are available at www.adr.org or
by calling 1-800-778-7879. The
arbitrator shall have the exclusive and sole authority to
resolve any dispute relating to the
interpretation, construction, validity, applicability, or
enforceability of these Terms, the Privacy
Statement, the DPA, this arbitration provision, and any
other terms incorporated by reference
into these Terms. The arbitrator shall have the exclusive
and sole authority to determine whether
any dispute is arbitrable. The arbitrator shall have the
exclusive and sole authority to determine
whether this arbitration agreement can be enforced against a
non-signatory to this agreement and
whether a non-signatory to this agreement can enforce this
provision against you or
THEWOMENSWINNETWORK.
Payment of all filing, administration, and arbitrator fees
will be governed by the AAA’s Rules.
In all other respects, the parties shall each pay their own
additional fees, costs, and expenses,
including, but not limited to, those for any attorneys,
experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State
of Idaho without regard to its conflicts
of laws principles. Any award rendered shall include a
confidential written opinion and shall be
final, subject to appeal under the Federal Arbitration Act,
9 U.S.C. §§ 1-16, as amended.
Judgment on the award rendered by the arbitrator may be
entered in any court of competent
jurisdiction.
You and THEWOMENSWINNETWORK agree that disputes will only be
arbitrated on an individual basis and shall
not be consolidated, on a class wide, representative basis,
or with any other arbitration(s) or other
proceedings that involve any claim or controversy of any
other party. You and THEWOMENSWINNETWORK
expressly waive any right to pursue any class or other
representative action against each other.
Failure or any delay in enforcing this arbitration provision
in connection with any particular
claim will not constitute a waiver of any rights to require
arbitration at a later time or in
connection with any other claims except that all claims must
be brought within 1 year after the
claim arises (the 1 year period includes the one hundred and
twenty (120) day informal
resolution procedures described above).
This arbitration provision sets forth the terms and
conditions of our agreement to final and
binding confidential arbitration and is governed by and
enforceable under the Federal Arbitration
Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or
relationship with THEWOMENSWINNETWORK,
bankruptcy, assignment, or transfer. If the class action
waiver is deemed unenforceable (i.e.,
unenforceability would allow arbitration to proceed as a
class or representative action), then this
entire arbitration provision shall be rendered null and void
and shall not apply. If a portion of
this arbitration provision (other than the class action
waiver) is deemed unenforceable, the
remaining portions of this arbitration provision shall
remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A
RIGHT
TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE
YOUR
CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.
HOWEVER,
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED
INDIVIDUALLY
AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL
ARBITRATION IN
ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 20 – THEWOMENSWINNETWORK’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to THEWOMENSWINNETWORK,
in the event of any breach or
threatened breach by you of the provisions of this Agreement
or any infringement or threatened
infringement by you of the intellectual property of THEWOMENSWINNETWORK
or a third-party, THEWOMENSWINNETWORK
shall be entitled to seek a temporary restraining order and
preliminary and permanent injunctions
or other equitable relief from a court of competent
jurisdiction located in Ada County, Idaho
restraining such breach, threatened breach, infringement, or
threatened infringement. Nothing in
this Agreement shall be construed as prohibiting THEWOMENSWINNETWORK
from pursuing in court any other
remedies available to it for such breach, threatened breach,
infringement, or threatened
infringement, including the recovery of monetary damages
from you and your business. You and
your business hereby irrevocably consent to the exclusive
personal jurisdiction of, and exclusive
venue in, the courts of Ada County, Idaho for all such
claims, and forever waive any challenge to
said courts’ exclusive jurisdiction or venue.
SECTION 21 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend,
indemnify, and hold harmless
THEWOMENSWINNETWORK, its directors, officers, employees,
shareholders, licensors, independent contractors,
subcontractors, suppliers, affiliates, parent companies,
subsidiaries, and agents from and against
any and all claims, actions, loss, liabilities, damages,
expenses, demands, and costs of any kind,
including, but not limited to attorneys’ fees and costs of
any litigation or other dispute resolution,
arising out of, resulting from, or in any way connected with
or related to (1) your use, misuse, or
attempt to use the Website, software, products, or services,
(2) information you submit or
transmit through the Website, (3) your breach of these
Terms, the documents they incorporate by
reference, the Agreement, or the representations and
warranties provided by you in this
Agreement, or (4) your violation of any law or the rights of
a third-party.
SECTION 22 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT
If you believe that materials or content available on the
Website infringes any copyright you
own, you or your agent may send THEWOMENSWINNETWORK a notice
requesting that THEWOMENSWINNETWORK remove the
materials or content from the Website. If you believe that
someone has wrongly filed a notice of
copyright infringement against you, you may send THEWOMENSWINNETWORK
a counter-notice. Notices and
counter-notices should be sent to THEWOMENSWINNETWORK
by e-mail to support@THEWOMENSWINNETWORK.com.
These Terms fully
incorporate by reference the DMCA Policy.
SECTION 23 – THIRD-PARTY LINKS
The Website may contain links to other websites. THEWOMENSWINNETWORK
assumes no responsibility for the
content or functionality of any non-THEWOMENSWINNETWORK
website to which we provide a link. Please see
our Privacy Statement for more details.
SECTION 24 – TERMINATION
This Agreement will take effect (or shall re-take effect) at
the time you click “ACTIVATE MY
ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”,
“PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or
buttons, otherwise submit
information through the Website, respond to a request for
information, begin installing,
accessing, or using the Website, complete a purchase, select
a method of payment, and/or enter in
payment method information, whichever is earliest. If, in
our sole discretion, you fail, or we
suspect that you have failed, to comply with any term or
provision of the Agreement or violated
any law, whether in connection with your use of THEWOMENSWINNETWORK
or otherwise, we may terminate
the Agreement or suspend your access to the Website at any
time without notice to you. Sections
11, 12, 13, 15 through 21, and 24 through 33 of this
Agreement, as well as any representations,
warranties, and other obligations made or undertaken by you,
shall survive the termination of this
Agreement and/or your account or relationship with THEWOMENSWINNETWORK.
Upon termination, you remain
responsible for any outstanding payments to THEWOMENSWINNETWORK.
SECTION 25 – NO WAIVER
No failure or delay on the part of THEWOMENSWINNETWORK in
exercising any right, power or remedy under
this Agreement may operate as a waiver, nor may any single
or partial exercise of any such right,
power, or remedy preclude any other or further exercise of
such right, power, or remedy, or the
exercise of any other rights, power, or remedy under this
Agreement. A waiver of any right or
obligation under this Agreement shall only be effective if
in writing and signed by THEWOMENSWINNETWORK.
SECTION 26 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or
otherwise related to this Agreement or
your access to or use of the Website, our Privacy Statement
or DPA, or any matter concerning
THEWOMENSWINNETWORK, including your purchase and use or
attempted use of any service or product, shall
be governed exclusively by the laws of State of Idaho
without regard to its conflicts of laws
principles. To the extent that any claim or dispute is found
by the arbitrator or (if proper) a court
of competent jurisdiction to be excluded from the
arbitration agreement in Section 19 above, the
parties agree any such claim or dispute shall be exclusively
brought in and decided by the state
or federal courts located in Ada County, Idaho, and you
hereby irrevocably consent to the
exclusive personal jurisdiction of, and exclusive venue in,
such courts, and forever waive any
challenge to said courts’ exclusive jurisdiction or venue.
All such claims must be brought on an
individual and non-class, non-representative basis, and you
forever waive any right to bring such
claims on a class wide or representative basis.
SECTION 27 – FORCE MAJEURE
THEWOMENSWINNETWORK will not be responsible to you for any
delay, damage, or failure caused or
occasioned by any act of nature or other causes beyond our
reasonable control.
SECTION 28 – ASSIGNMENT
THEWOMENSWINNETWORK may assign its rights under this
Agreement at any time, without notice to you.
Your rights arising under this Agreement cannot be assigned
without THEWOMENSWINNETWORK’ (or its
assigns’) express written consent.
SECTION 29 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an
electronic communication.
When you communicate with THEWOMENSWINNETWORK through or on
the Website or via other forms of
electronic media, such as e-mail, you are communicating with
the company electronically. You
agree that we may communicate electronically with you and
that such communications, as well
as notices, disclosures, agreements, and other
communications that we provide to you
electronically, are equivalent to communications in writing
and shall have the same force and
effect as if they were in writing and signed by the party
sending the communication.
SECTION 30 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any
time at
https://www.THEWOMENSWINNETWORK.com/terms. We reserve the
right, at our sole discretion, to update,
change or replace any part of the Agreement, including the
Privacy Statement or DPA by posting
updates and changes to our Website. It is your
responsibility to check our Website periodically
for changes. Your continued use of or access to our Website
following the posting of any
changes to the Agreement constitutes acceptance of those
changes.
SECTION 31 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are
at least eighteen (18) years of age, or
the legal age of majority in your jurisdiction, whichever is
greater; (2) that you own, operate,
and/or have the right to bind the business for which you are
using the Website; (3) have read this
Agreement and thoroughly understand and agree to the terms
contained in this Agreement; and
(4) that you will not resell, re-distribute, or export any
product or service that you order from the
Website. You further represent that THEWOMENSWINNETWORK has
the right to rely upon all information
provided to THEWOMENSWINNETWORK by you, and THEWOMENSWINNETWORK
may contact you, your business, and any
subaccounts you create by email, telephone, or postal mail
for any purpose, including but not
limited to (i) follow-up calls, (ii) satisfaction surveys,
and (iii) inquiries about any orders you
placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or
pending government investigations or
inquiries of, or prosecutions against you, or any business
related to you, by the Federal Trade
Commission, any other federal or state governmental agency,
or any industry regulatory
authority, anywhere in the world, nor any prior or pending
private lawsuits against you. If at any
time during the life of the Agreement you, or any business
related to you, becomes the subject of
a government investigation, inquiry, or prosecution by the
Federal Trade Commission, any other
federal or state governmental agency, or any industry
regulatory authority anywhere in the world,
or the subject of any lawsuit, you will notify THEWOMENSWINNETWORK
of the same within twenty-four (24)
hours. THEWOMENSWINNETWORK, at its sole discretion, may
terminate the Agreement based on any
investigation, proceeding, or lawsuit identified pursuant to
this paragraph or otherwise
discovered by THEWOMENSWINNETWORK without incurring any
obligation or liability to you.
SECTION 32 – SEVERABILITY
If any provision of this Agreement is found by the
arbitrator or (if proper) a court of competent
jurisdiction to be invalid or unenforceable, the remaining
provisions shall not be affected thereby
and shall continue in full force and effect and such
provision may be modified or severed from
this Agreement to the extent necessary to make such
provision enforceable and consistent with
the remainder of the Agreement.
SECTION 33 – ENTIRE AGREEMENT
These Terms, the Privacy Statement and DPA, and any policies
or operating rules posted by us
on the Website or in respect to the Website constitutes the
entire agreement and understanding
between you and your business and THEWOMENSWINNETWORK and
governs your access to and use of the
Website and your ordering, purchasing, and use and/or
attempted use of any service or product,
and supersedes and replaces any prior or contemporaneous
agreements, representations,
communications, and proposals, whether oral or written,
between you and THEWOMENSWINNETWORK. We
may also, in the future, offer new services and/or features
through the Website. Such new
features and/or services shall also be subject to this
Agreement, and any policies or operating
rules posted by us on the Website. Any ambiguities in the
interpretation of these Terms or the
Agreement shall not be construed against the drafting party.
SECTION 34 – CONTACTING US
We encourage our customers to contact us with questions or
comments about our products and
services. Please feel free to do so by sending an email to
support@THEWOMENSWINNETWORK.com.
If you have any questions or inquiries concerning these
Terms, you may contact THEWOMENSWINNETWORK by
email at support@THEWOMENSWINNETWORK.com, or by regular mail
at PO Box 315 Woodland Park, CO 80866.
For additional inquiries, please feel free to send an email
to the relevant address listed below.
Compliance: support@THEWOMENSWINNETWORK.com
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