TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR
SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Women Evolving, Inc., also known as WEI, located at PO Box 236804, Cocoa, Florida 32923 and our subsidiaries and affiliates, in association with the use of the WEI website, which includes www.womenevolvinginc.org, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a non-profit website which has the following description:
Women Evolving, Inc. aims to bring women and girls together, to discuss the everyday challenges they encounter and explore
beneficial resolutions in a positive and relatable environment.
Our approach comes down to one word: connection. We believe the key to personal growth and professional triumphs is
access—to individuals who've been through what you're going through, to the foremost minds in your field, and to others who
seek the same path you do. Our hope is that through these associations, women will discover the tools and tenacity to
cultivate skills, pursue their goals, and become a resource for others in their own communities.
Services Provided Include, but not limited to: Empowerment Coaching, Adult Workshops, Teen Girl Workshops, Financial
Literacy Workshops, Personal & Professional Development, Building Relationships/Networking
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications,
which may include some mobile applications and that those applications may be made available on various social media
networking sites and numerous other platforms and downloadable programs, are the sole property of Women Evolving, Inc..
At its discretion, Women Evolving, Inc. may offer additional website Services and/or products, or update, modify or revise any
current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and
all updated, modified or revised Services unless otherwise stipulated. Women Evolving, Inc. does hereby reserve the right to
cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and
agree that Women Evolving, Inc. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such
Women Evolving, Inc. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating
to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software,
technology and other technical data may be subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States
(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government
which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to
any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end
uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation
of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Women Evolving, Inc. shall not lay claim to ownership of any content submitted by any visito ror user, nor make such content
available for inclusion on our website Services. Therefore, you hereby grant and allow for Women Evolving, Inc. the below
listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Women Evolving, Inc.'s sites,
the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services is for the sole purpose of providing and promoting the specific area to which this
content was placed and/or made available for viewing. This license shall be available so long as you are a member of
Women Evolving, Inc.'s sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of
Women Evolving, Inc.'s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Women Evolving, Inc.'s sites and shall terminate at such time when you elect
to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Women Evolving,
Inc.'s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or
in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later
Those areas which may be deemed "publicly accessible" areas of Women Evolving, Inc.'s sites are those such areas of our
network properties which are meant to be available to the general public, and which would include message boards and
groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Women Evolving, Inc. provides an area for our users to contribute feedback to our website. When you submit ideas,
documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) WEI shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to
c) WEI shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of WEI; and
e) WEI is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users herein agree to insure and hold Women Evolving, Inc., our subsidiaries, affiliates, agents, employees, officers,
partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable
attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit
or otherwise make available through our Services, the use of WEI Services or your connection with these Services, your
violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use
of, or access to WEI's sites.
Women Evolving, Inc. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether
temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable
to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through
our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term,
condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Women Evolving, Inc. shall not be held responsible or liable for any loss or
damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such
advertisers on our website.
Either Women Evolving, Inc. or any third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such,
we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or
available from such third party sites or resources. Furthermore, you acknowledge and agree that Women Evolving, Inc. shall
not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to
be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or
through any such site or resource.
You do hereby acknowledge and agree that Women Evolving, Inc.'s Services and any essential software that may be used in
connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services or by advertisers is protected by
copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by Women Evolving, Inc. or such applicable licensor, you agree not to alter, modify, lease,
rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on
Women Evolving, Inc. Services (e.g. Content or Software), in whole or part.
Women Evolving, Inc. herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use
of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to
duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to
locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right
in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as
such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any
means other than through the interface which is provided by Women Evolving, Inc. for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF WOMEN EVOLVING, INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR
SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. WOMEN
EVOLVING, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) WOMEN EVOLVING, INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) WOMEN EVOLVING, INC. SERVICES OR SOFTWARE WILL
MEET YOUR REQUIREMENTS; (ii) WOMEN EVOLVING, INC. SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED
FROM THE USE OF THE WOMEN EVOLVING, INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH
MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF WOMEN
EVOLVING, INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE
RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM
THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY
YOU FROM WOMEN EVOLVING, INC. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER
SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN
CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY
PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN
EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS
OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WOMEN EVOLVING, INC. AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY
PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN
ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release Women Evolving, Inc. (and its officers, directors, employees, agents,
parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,
arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information
from our Services concerning companies, stock quotes, investments or securities, please review the above Sections
Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the
investor beware" is appropriate. Women Evolving, Inc.'s content is provided primarily for informational purposes, and no
content that shall be provided or included in our Services is intended for trading or investing purposes. Women Evolving, Inc.
and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted
and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment
decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME
OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT
APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no thirdparty
beneficiaries to this agreement.
Women Evolving, Inc. may furnish you with notices, including those with regards to any changes to the TOS, including but not
limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects
of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement
that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in
an authorized manner.
You herein acknowledge, understand and agree that all of the Women Evolving, Inc. trademarks, copyright, trade name,
service marks, and other Women Evolving, Inc. logos and any brand features, and/or product and service names are
trademarks and as such, are and shall remain the property of Women Evolving, Inc.. You herein agree not to display and/or
use in any manner the Women Evolving, Inc. logo or marks without obtaining Women Evolving, Inc.'s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Women Evolving, Inc. will always respect the intellectual property of others, and we ask that all of our users do the same. With
regards to appropriate circumstances and at its sole discretion, Women Evolving, Inc. may disable and/or terminate the
accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated
in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been
otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or
other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright
owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful
and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on
the copyright or intellectual property owner's behalf.
The Women Evolving, Inc. Agent for notice of claims of copyright or other intellectual property infringement can be contacted
Women Evolving, Inc.
Attn: Copyright Agent
PO Box 236804
Cocoa, Florida 32923
BE IT KNOWN, that Women Evolving, Inc. complies with all applicable Federal Communications Commission rules and
regulations regarding the closed captioning of video content. For more information, please visit our website at
This TOS constitutes the entire agreement between you and Women Evolving, Inc. and shall govern the use of our Services,
superseding any prior version of this TOS between you and us with respect to Women Evolving, Inc. Services. You may also
be subject to additional terms and conditions that may apply when you use or purchase certain other Women Evolving, Inc.
Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Women Evolving, Inc. with regard to the TOS that the relationship between the
parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all
claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Women
Evolving, Inc., shall be filed within the courts having jurisdiction within the County of Brevard, Florida or the U.S. District Court
located in said state. You and Women Evolving, Inc. agree to submit to the jurisdiction of the courts as previously mentioned,
and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such
WAIVER AND SEVERABILITY OF TERMS
At any time, should Women Evolving, Inc. fail to exercise or enforce any right or provision of the TOS, such failure shall not
constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out
of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or
shall be forever barred.
Please report any and all violations of this TOS to Women Evolving, Inc. as follows:
Women Evolving, Inc.
PO Box 236804
Cocoa, Florida 32923