Terms of Service

Empowered Women Terms of Service

Welcome to the Empowered Women Website. These Terms of Use govern your access and use of this site (collectively “we,” “us,” or “our”). Please read these Terms carefully.

BY JOINING OR EACH TIME YOU ACCESS AND USE THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES. These Terms have the same force and effect as an agreement in writing.

Your Responsibilities

You are responsible for obtaining and maintaining at your own cost all equipment and services needed for access to and use the Empowered Women Website. When you sign up for our newsletter, donate, and each time you access the Empowered Women Website, you may be providing certain information about yourself. You agree that we may use any information that we obtain about you in accordance with the provisions of our Privacy Policy. If you elect to sign up with us, you agree to: (a) provide true, accurate, current, and complete information as prompted by our forms. In addition, you agree not to use the Services to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (g) use any “robot,” ‘spider,” “rover,” ‘scraper” or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Empowered Women Website, our network or databases; or (h) interfere with or disrupt our services or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to our services.

User Submissions

We do not claim ownership of any information, data, text, photographs or other materials you submit for display on the Empowered Women Website (collectively, “User Submissions”). As between you and us, you own all rights to your User Submissions. However, you grant to us and our affiliates, representatives, sublicensees, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, license (sublicensable through multiple tiers) throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivate works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that our exercise of our rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under our Privacy Policy. We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes without any compensation to you. These advertisements may be targeted to the content or information stored on the Services. We are not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. We are not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You, and not we, are responsible for any consequences of sharing personal information about yourself on public areas of the Empowered Women Website, such as your home address or the home address of others.

We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Empowered Women Website that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this “User Submission” Section will survive the termination of these Terms.

All content and materials provided on the Empowered Women Website are intended for general information, general discussion, education, and political purposes only. Do not construe that all content is either endorsed or verified by us. THE CONTENT IS PROVIDED “AS IS,” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY AT YOUR OWN RISK.

Copyright Infringement and Trademark Rights.

We respect the intellectual property rights of others. Accordingly, we have a policy of removing User Submissions that violate copyright law.

If you believe a user of the Services is infringing your copyright, please provide written notice to the address listed below for notice of claims of copyright infringement.

Email: [email protected]

Subject: Copyright Infringement

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you believe that your trademark is being used somewhere on the Empowered Women Website in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at [email protected] We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.

Modifications To Terms

We may, in our sole and absolute discretion, change these Terms from time to time. We will post notice of such changes on the Empowered Women Website. You should check the Website and this page frequently for notice of such changes. If you object to any such changes, your sole recourse shall be to stop accessing the Empowered Women Website. Your continued access following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Making a Donation

You can make donations by following the instructions on the website. Donations can be made by debit card or credit card. Once a donation is made using the website, the transaction is final and cannot be disputed or reversed unless it was made fraudulently. If you become aware of any fraudulent use of your debit card or credit card account you should report this to your card operator in accordance with their reporting rules.

When you make a donation, it may be necessary for us to verify your identity or the details which you have given to us. You agree that you will provide such information or documents as we may reasonably request from time to time to enable us to do this.

Links

We may provide links to other Websites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other Web site or resource or its contents. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.

Commercial Use

You may not copy, make derivative works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from the Empowered Women Website. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Empowered Women Website. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE EMPOWERED WOMEN WEBSITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE EMPOWERED WOMEN WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

EMPOWERED WOMEN IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY-HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR TO YOUR DOWNLOADING OR ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR EMPLOYEES, DIRECTORS, BOARD MEMBERS, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’s) USE OF THE EMPOWERED WOMEN WEBSITE.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EMPOWERED WOMEN AND ITS VENDORS AND DISTRIBUTORS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT YOU PAID RADIAL INSIGHT TO USE THE SERVICES.

Exclusions And Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, board members, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys” fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Communication

Any notices or any other communication to be given under these Terms and Conditions shall be by email to the email address you provide upon registration with Empowered Women. You may contact Empowered Women by emailing us at [email protected], or through the information provided below:

(703) 539-5954

Empowered Women

P.O. Box 9724

Arlington, VA 22219

Notices and any other communication under these Empowered Women Terms and Conditions shall be effective and deemed delivered immediately if sent by Empowered Women email to your last known email address.

Any communication or material you send to Empowered Women, except for your personal information, including but not limited to questions, comments, panel responses, and suggestions, shall be treated as non-confidential and non-proprietary.

Except to the extent that it is covered by the Empowered Women Privacy Policy [link], any such information may be used by Empowered Women for any purpose, without notice and without liability, including reproduction and publication.

By submitting information to the Empowered Women Website, you expressly authorize Empowered Women to use any ideas, concepts, or techniques contained in any communication, for any purpose, without compensation.

Trademarks & Patents

The Empowered Women design, our site name and logos, as well as certain other of the names, logos, and materials displayed in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Copyrights; Restrictions on Use

The content on the Empowered Women Website (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use the Empowered Women Website in the manner permitted by these Terms.

Compliance with Local Laws

Empowered Women is based in the United States. It is not designed or customized for any other country. You may use the Empowered Women website in compliance with the laws of the country from which you are accessing the website.

Miscellaneous

These Terms constitute the entire and exclusive and final statement of the agreement between you and Empowered Women with respect to the subject matter hereof, and govern your use of the Empowered Women Website. These Terms and the relationship between you and Empowered Women shall be governed by the laws of Virginia as applied to agreements made, entered into, and performed entirely in Virginia residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Empowered Women Website shall be brought in the courts located in Virginia, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of us and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use the Empowered Women Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These terms shall remain in full force and effect notwithstanding even after cessation of access to the Empowered Women Website. Both parties are independent contractors of each other. Neither party shall be deemed an employee, agent, partner, joint venture or legal representative of the other for any purpose, and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other, solely as a result of these Terms. In no event shall you be deemed under these Terms as being one of our employees or entitled to any of our employee benefits.

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