Women Nation Terms of Service
Last updated on August 2, 2020
Women Nation, a subsidiary of Convention Nation, Inc., is a woman-owned and -operated web-based community which facilitates connections between Women Entrepreneurs and Professionals, enabling their communication and assisting with the promotion of business transactions between them.
The community consists of women entrepreneurs and women professionals who have paid a yearly membership fee (or in some cases monthly) to have the privilege of being a part of this community. All products and services described in this Section, as well as any other products and services offered by Women Nation at any time shall be defined herein as “Service” or “Services.”
In order to use the Service, You must read and accept all of the terms and conditions in, and linked to, this Terms of Service document. This Terms of Service may be modified by Women Nation from time to time at our sole discretion, and You will receive notice if modifications to this document are made. We strongly recommend that, as You read this Terms of Service document, You also access and read the linked information (like the referral programs which are run at regular intervals). By accepting this Service document, you also agree that your use of some Women Nation branded websites or any other Women Nation digital properties we operate may be governed by separate terms and conditions, agreements and privacy policies.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. WOMEN NATION SERVICE
Women Nation is a woman-owned and -operated web-based community which facilitates connections between Women Entrepreneurs and Professionals, enabling their communication and enhancing and enabling business transactions between them.
(a) Women Nation Paid Subscriptions
Women Nation members have the option to pay for their subscription in one of the following ways:
– A monthly installment payment plan, (“Installment plan”), requiring 12 equal payments of $25 per month; this commitment has a total value of $300, and is non-refundable and non-cancelable after 30 days from the first installment payment posting date.
– A yearly plan for $297 per 12-month period, payable in one fixed sum at the beginning of the subscription term. The term will continue through the end of the 12th month following the payment date, and the member may renew for another year at the then-current subscription rate. Members may cancel their subscription up the the 30th day following their payment, after which all sales are final and non-cancelable. The member will be refunded 100% of their payment
All terms of service contained herewith are completely applicable to both plans unless explicitly pointed out in a paragraph or sub-section.
You may log in to www.womennation.com and check Your Manage My Account page to confirm which Paid Subscription Plan You currently have.
(b) Women Nation Partner Network
Women Nation earns revenue from user membership fees from you the user as well as certain verified partners. For example, a qualifying Partner can pay Women Nation to offer Promotions on the website, through the Call Center, in the Women Nation magazine, through enhanced profiles, direct mail, or other services. Unless otherwise prohibited by law, Partners offering Promotions typically offer a discount or benefit to Women Nation members.
(c) Membership Benefits
The benefits of Your Women Nation Plan are only available while Your Plan is active and Your Women Nation account is in good standing. Women Nation reserves the right to modify the Plans at any time and in its sole discretion. The details of Your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You can Manage your plan and benefits by visiting your My Account page; by emailing us at info@WomenNation.com; or by calling a Women Nation representative at the corporate phone number 860-309-8238.
2. REGISTRATION INFORMATION
As a condition of Your use of the Service, You agree to: (a) provide Women Nation with true, accurate, current and complete information as prompted by the Women Nation registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information should any such information change.
3. MINIMUM AGE
You must be 18 years of age or older to use or register for Services.
4. USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
(a) Membership Fee
Women Nation will charge You a membership fee in order to provide the Service. Your membership fee is the amount You were charged for one term of Your Subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check Your account online or, you may call a Women Nation call center representative if You have any questions.
You acknowledge that Women Nation reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by credit card, debit card, or PayPal.
(b) Canceling Your Plan
Once the plan has been purchased which is either monthly or yearly it can only be canceled within 30 days of your first payment. After 30 days, there are no refunds on the installment payment plan and your mode of payment will continue to be charged for 11 additional payments on the monthly anniversary date of your first payment.
The reason for the no refund policy is that:
– The staff at Women Nation use significant resources to create and maintain your listing; time which cannot be recaptured if you decide to cancel;
– We immediately begin marketing your business immediately once your first payment is made, and these actions provide you and your company with value.
7. Referral Programs
Women Nation may, from time to time and in its sole discretion, offer certain products or services as Referral Programs to select or all members. Women Nation will publish applicable Terms and Services for the particular referral program from time to time and in its sole discretion. The Referral Terms and Services document is to be considered an Addendum to this document and in no way supersedes this document.
8. ACCOUNT SECURITY
Women Nation will assign You a user ID and a password when You register. Your user ID and password may only be used by You and is not to be shared with anyone else even if they are a part of your company. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur in relation to Your user ID and password.
9. LIMITED LICENSE TO WEBSITE AND CONFERENCES
By agreeing to the terms and conditions of this Agreement, Women Nation grants You a limited license to access and use the content offered by the Service for Your personal business decisions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose any content contained within the Women Nation domain, without the express written consent of Women Nation.
10. PUBLICATION AND DISTRIBUTION OF CONTENT
Women Nation does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Women Nation simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by other members in response to Content (“Service Provider Content”). You understand that all Women Nation Content and User Generated Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Women Nation does not control, and is not responsible for Content made available through the member pages, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that Women Nation has no obligation to screen, preview, monitor or approve any Content from a Member, or Content posted or submitted by any other Women Nation Partners or any Service Provider. However, Women Nation reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Women Nation be liable in any way for any Content or Member Content, including, but not limited to, any Content or Member Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Member Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Women Nation relating to Content or Member Content, and release Women Nation from any and all liability for or relating to any Content or Member Content.
14. YOUR CONDUCT
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 content that may be considered by Women Nation 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 submit clean and user consumable content in interactions with other members and will respect each Women Nation member as they would like to be treated themselves;
e. 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 Women Nation, or otherwise attempt to mislead others as to the identity of the sender or the origin with another Member;
f. will not submit data 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;
g. 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);
h. will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
i. will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
j. 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;
k. will not use the Service in any way that could interfere with the rights of Women Nation or the rights of other users of the Service;
l. have sufficient rights in and to all Content that You provide, transmit or otherwise convey to Women Nation in connection with the Service;
m. agree not to re-sell or assign Your rights or obligations under this Agreement;
n. will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
o. will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, without the express written consent of Women Nation, which consent may be withheld by Women Nation in our discretion;
p. grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
q. agree not to create an account or use Women Nation services if Your account previously has been terminated by Women Nation or if You previously have been banned from using the services; and
r. agree not to: (i) register for more than one account or register for an account on behalf of an individual other than Yourself; (ii) impersonate any person or entity, including, but not limited to, Women Nation personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The content that You provide do not reflect the views of Women Nation, its officers, managers, owners, employees, agents, designees or other users. In addition, Women Nation retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Women Nation may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Women Nation may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
17. DISCLOSURE OF INFORMATION
As Women Nation 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.
18. TERM AND TERMINATION
The term of this Agreement (“Term”) will be in effect and continue so long as You have an active paid membership plan. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement.
Women Nation may, for any reason in its sole discretion, immediately terminate this Agreement, Your account, and Your access to the Service. If Women Nation merely terminates Your account for its convenience and You are not in breach of this Agreement, Women Nation will refund Your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term; or will cease to bill future installment payments if you have chosen to pay in installments.
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.
19. MODIFICATION OF TERMS AND CONDITIONS
Women Nation 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.womennation.com). You will receive notice if modifications to the Agreement are made. Women Nation 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.
20. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
Women Nation reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that Women Nation will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Women Nation may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that content will be retained, the volume of content that may be sent from an account, the length of data sent or size of image and video files, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Women Nation has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Women Nation is not responsible for any delays, failures or other damage resulting from such problems.
22. USER FEEDBACK
Women Nation appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Women Nation. In addition, none of the Submissions will be subject to any obligations of confidentiality and Women Nation will not be liable for any future use or disclosure of such Submissions.
23. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Women Nation a subsidiary of Convention Nation, Inc., 258 Spielman Highway Burlington CT 06013. If You have any questions, concerns, or complaints regarding the Services, please contact Women Nation by either sending: (i) an email to firstname.lastname@example.org; or (ii) a letter, first class certified mail, to Women Nation, 258 Spielman Highway, Burlington, CT, 06013 Attn: Member Services.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
24. COPYRIGHT MATERIALS
Aside from user-submitted Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Women Nation and/or its licensors and are protected by all United States and international copyright laws.
25. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WOMEN NATION ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. WOMEN NATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR WOMEN NATION COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.
26. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Women Nation WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Women Nation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY Women Nation OR THE FAILURE OF Women Nation TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website represents a substantial portion of the value You receive from Your Women Nation’s Membership Fee. THEREFORE, TO THE EXTENT WOMEN NATION IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, WOMEN NATION’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WOMEN NATION CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO WOMEN NATION THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR WOMEN NATION, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF WOMEN NATION TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY WOMEN NATION. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF WOMEN NATION TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY WOMEN NATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT WOMEN NATION SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
You agree to indemnify, defend and hold harmless Women Nation, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Women Nation or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Women Nation will have sole control of the defense of any such damage or claim.
28. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Women Nation to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which You accept as reasonable estimates of Women Nation’s damages for the specified breaches of this Agreement:
a. If You post Content in violation of this Agreement, You agree to promptly pay Women Nation One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue You a warning before assessing damages.
b. If You display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
c. If You use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by You.
d. Except as set forth in the foregoing subsections (a) through (c), inclusive, You agree to pay the actual damages suffered by Women Nation, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
You agree that Women Nation may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Women Nation will be provided by either sending: (i) an email to info@WomenNation.com; or (ii) a letter, first class certified mail, to Women Nation, 258 Spielman Highway, Burlington, CT, 06013, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Women Nation will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims of infringement (its “Designated Agent”). Our Designated Agent is:
Women Nation, (a subsidiary of Convention Nation, Inc).
258 Spielman Highway
Burlington CT 06013
Attn: Kim Estep
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
e. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
f. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Women Nation will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
30. ENTIRE AGREEMENT
This Agreement governs Your use of the Service and constitutes the entire agreement between You and Women Nation. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Women Nation 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 Women Nation under this Agreement.
31. GOVERNING LAW
This Agreement and the relationship between You and Women Nation will be governed by the laws of the State of Connecticut, USA, 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 Hartford County, Connecticut 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 Women Nation 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.
32. PROVISIONS REMAINING IN EFFECT
In the event Your Plan with Women Nation is terminated or lapses or You are no longer a user of Women Nation, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 12, 14, 15, 17 and 24 through 31.
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Women Nation’s rights if Women Nation fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Women Nation agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Women Nation as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
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.