THESE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT AND ARE ENTERED INTO BY AND BETWEEN YOU AND SUCCESSFUL WOMEN OF FAITH, LLC. “MEMBER,” “USER,” “REGISTERD USER,” “CUSTOMER,” “VISITOR,” “YOU,” AND “YOUR” REFERS TO YOU, THE PERSON ACCESSING AND ACEPTING THE COMPANY’S TERMS AND CONDTIONS. “THE COMPANY,” “SUCCESSFUL WOMEN OF FAITH, LLC,” “SUCCESSFUL WOMEN OF FAITH PLATFORM,” “MEMBERSHIP,” “COMMUNITY,” “OURSELVES,” “WE,” “US,” “OUR” REFERS TO OUR COMPANY (“COMPANY”). “PARTY,” “PARTIES,” OR “US” REFERES TO BOTH YOU AND US OR EITHER YOU OR US. PLEASE REVIEW THESE TERMS AND CONDITIONS IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN RECOURSE TO THE JUDICIAL SYSTEM. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES.
BY PLACING AN ORDER FOR SERVICES ON THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN SERVICES THROUGH THIS WEBSITE or PLATFORM IF YOU: (I) DO NOT AGREE TO THESE TERMS AND CONDITIONS; (II) ARE NOT THE AGE OF MAJORITY IN YOUR STATE, PROVINCE, OR TERRITORY OF RESIDENCE; OR (III) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR PLATFORM (OR ANY THIRD-PARTY WEBSITE WHERE SERVICES ARE PROVIDED) OR ANY OF SUCH WEBSITE’S CONTENT, PRODUCTS OR SERVICES herein known as (“CONTENT,” “PRODUCTS,” “SERVICES”) BY APPLICABLE LAW.
1. Purpose.
Successful Women of Faith, LLC through a monthly community membership service herein known as (“Successful Women of Faith – The Sisterhood”), provides an online platform where women can connect with other members to network, support, and help each, spiritually, personally, and professionally. You understand that the Successful Women of Faith online platform may include the Successful Women of Faith website, Successful Women of Faith Facebook website (via Facebook pages and/or groups), Successful Women of Faith Instagram pages, Successful Women of Faith Twitter pages, Successful Women of Faith LinkedIn pages, or the Successful Women of Faith – The Sisterhood website, which may be hosted by a third-party platform, all of which as mentioned herein as (“Successful Women of Faith Platform” or “Platform”). By using the Successful Women of Faith Platform and any of the information and services offered through the Successful Women of Faith Platform (“Services”) you agree to be bound by the terms and conditions set forth herein.
2. Applicability of Terms and Conditions.
These terms and conditions (“Terms”) shall apply to your use of the Successful Women of Faith Platform and to your purchase of Services through the Successful Women of Faith website at www.successfulwomenoffaith.com (the “Site”) and/or the Successful Women of Faith Platform, whether or not the Services are provided on this Site or another third-party website. These Terms are subject to change at any time without prior written notice by us. The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site or on any third-party site where Services are offered. After any posting of updated Terms (which shall be dated as of their most recent update), your continued use of the Site or use of any site included in the Successful Women of Faith Platform shall constitute your acceptance of and agreement to any changes therein made.
3. Services.
When placing an order on our Site, you are effectively offering to purchase our Services irrespective of which Successful Women of Faith Platform or Site the Services are performed on. We reserve the right to accept or reject any order at our own discretion. Should we elect to accept your offer, you will receive a confirming e-mail at the e-mail address that you provide at such time. Should we elect to accept your offer, you will be granted a revocable license to access the Services. Your continued access however is conditioned on your compliance with the Terms set forth herein. Notwithstanding, we reserve the right to temporarily deny you access to the Services or to cancel any order once accepted by us (as evidenced by a confirming e-mail) at any time at our sole discretion. We reserve the right within our sole discretion to modify the Services and to modify, suspend, or terminate your membership and/or access privileges, temporarily or in perpetuity, without prior notice or liability.
While we agree to use reasonable efforts to ensure the accuracy and completeness of information on our Successful Women of Faith Platform and about our Services we cannot guarantee the accuracy, adequacy, quality, or suitability of any data on our Successful Women of Faith Platform and expressly disclaim liability for errors and omissions in the contents of our Services. Moreover, we are not liable or responsible for any use or reliance on any content or materials posted via the Successful Women of Faith Platform or any content or materials obtained by you through the Platform. Any link to a website or phone number owned by a third party, including but not limited to any social media links, does not constitute from us an endorsement, approval, association, sponsorship, or affiliation with the linked site or phone number. Your use of the Successful Women of Faith Platform is at your own discretion, and neither the Company nor its parent, subsidiaries, affiliates, and their respective officers, directors, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors has any responsibility or liability whatsoever for your use of this Successful Women of Faith Platform.
4. Community Guidelines.
By accessing and/or using Successful Women of Faith Platform, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
You will comply with all applicable laws in your use of the Platform and will not use the Platform for any unlawful purpose;
You agree to not upload, post, email, transmit, or otherwise make available any content that:
We reserve the right, at our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, without notice, and to remove any content that does not adhere to these Community Guidelines.
5. Membership.
Subject to any termination of the Services by us, your Successful Women of Faith membership will continue to automatically renew until you cancel at any time in accordance with our cancellation provisions. We may offer different membership plans and reserve the right to change the terms of any membership plan, including but not limited to prices, or features, after giving notice to you if you are currently enrolled in the affected plan. Payment of your membership does not entitle you to any credits or free services from Successful Women of Faith members, except if part of a clearly marked promotion.
6. Payment Terms.
Payment for membership is collected at the time of registration for membership on our Site and either monthly or yearly thereafter. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include any applicable taxes and/or other charges. Any such taxes and/or charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
The Company is not liable for any late payment fees or reclaimed failed payments. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept APPROVED CREDIT CARDS AND OTHER PAYMENT METHODS (including use of a bona-fide electronic payment provider – i.e., Stripe) for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including any applicable additional charges and/or taxes, if any, regardless of the amount quoted on the Site at the time of your order. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
To prevent interruptions in access to the Services, we collect credit card information, and you will be billed for your membership at the beginning of each period (i.e., monthly or yearly). Your membership will automatically renew unless you cancel your membership subscription in accordance with the cancellation provisions herein or it is otherwise canceled by us.
7. Cancellation, Termination, and Refund.
You may cancel your monthly or yearly membership plan at any time. You must do so 7 DAYS PRIOR TO YOUR NEXT SCHEDULED MONTHLY OR YEARLY billing renewal date. It is also your responsibility to ensure timely cancellation to prevent being charged for the next billing period. Any cancellation requests submitted without the required minimum notice will take effect in the subsequent month. Refunds will not be provided for partial billing periods. Upon cancellation of your monthly or yearly membership plan as provided for herein, you will have access to all membership benefits until the end of your billing period.
We may cancel your membership at any time and for any reason whatsoever within our sole discretion, including but not limited to failure of payment.
Unless otherwise specified in this agreement, we do not offer refunds for any reason once you have purchased access to the Successful Women of Faith membership. This policy applies to both monthly and yearly payment plans, however, should you desire to cancel your membership, you may do so in the manner described above.
All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this agreement. In the event your membership is canceled, you must continue to abide by the provisions of the Terms which survive the termination of this agreement.
8. User Submissions and Content; Licenses.
Services may constitute members (including members who may be trained or licensed professionals) offering or sharing as applicable, services, information, and/or content. We do not control any of the services, information, or content offered or shared by members or invited guests who may be non-members on our Successful Women of Faith Platform. The availability of such services, information, or content through our Services does not indicate an affiliation with or endorsement of any such service, information, or content, or an affiliation with or endorsement of any Successful Women of Faith member or non-member offering or sharing such service, information, or content. Accordingly, we do not provide any conditions or warranties with respect to any services offered or any information or content shared by members or non-members through our Services.
You represent and warrant that you are the owner of, or otherwise have the right to provide, any user content that you submit, post, upload, and/or otherwise transmit through the Services and Platform (“User Submissions”). You retain all copyrights and other intellectual property rights in and to your own content, however, you do hereby grant us a perpetual, irrevocable, transferable, fully-paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, format, reproduce, publish, publicly display, publicly perform, modify, remove, translate, create derivative works, distribute, and/or otherwise use the user content in connection with our business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you, except as otherwise required by any applicable law. You also grant us the right to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User content permitted by the previous sentence and/or to advertise and promote the Platform, and our Products and Services. Without limiting the foregoing, you acknowledge and agree that Uses of your Registered User content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Content, name, likeness, and photograph adjacent to advertising and other material or Content, including for profit. You understand and agree that you, not the Company nor Company’s parent, subsidiaries, affiliates nor their respective officers, directors, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, are responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Successful Women of Faith Platform.
None of the User Submissions you submit to the Successful Women of Faith Platform will be subject to any obligation of confidentiality by the Company. By providing any User Submission to the Successful Women of Faith Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a perpetual, irrevocable, royalty-free, non-exclusive, world-wide license to use, copy, format, reproduce, publish, publicly display, publicly perform, modify, remove, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any and all rights of authorship as a condition of submitting any User Submission. For greater certainty, User Submissions include but are not limited to ideas, suggestions, and/or proposals to us through either our or your suggestion, feedback, or similar pages (“Feedback”).
9. Acceptable Use Policy.
By using the Successful Women of Faith Platform and the Services, you agree that:
a. You will only use the Successful Women of Faith Platform and Services for lawful purposes and in accordance with these Terms and not for deceptive or fraudulent purposes; you will not send or store any unlawful material or provide or contribute any false, inaccurate, or misleading information.
b. The information you provide to us or otherwise communicate with us is accurate.
c. You will not use the Successful Women of Faith Platform and Services to cause annoyance, inconvenience, needless anxiety, or in a manner likely to upset, embarrass, alarm, or harm any other person.
d. You will not violate the publicity or privacy rights of another individual or engage in any behavior that involves stalking, attempting to exploit, harass, or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise, or ask for personal information as prohibited under applicable laws, regulations, or code.
e. You will not encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
f. You will not copy or distribute any content displayed or otherwise shared through the Services without the express written consent of Successful Women of Faith. You will not share, create, or compile, directly or indirectly, any collection, compilation, or another directory from any content displayed through the Services except for your personal and business use.
g. You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.
h. You will not impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, but not limited to by using email addresses, or screen names associated with any of the foregoing), or act as another entity without authorization, or create multiple accounts.
i. Your User Content will not contain material that solicits personal information from anyone under the age of 18 or exploits anyone under the age of 18 in a sexual or violent manner. To be more certain, you will not use the Successful Women of Faith Platform in any manner to solicit personal information from anyone under the age of 18 or exploit anyone under the age of 18 in a sexual or violent manner, and you will not violate any federal law concerning child pornography or any law otherwise intended to protect the health or wellbeing of minors.
j. You will not use the Successful Women of Faith Platform for illegal spam activities, including gathering email addresses and personal information for sending any mass commercial emails.
10. For Educational and Informational Purposes Only; Not a Substitute For Professional Medical Treatment.
The information contained on the Successful Women of Faith Platform and the resources available for download via the Platform are for educational and informational purposes only. The information contained on this Platform and the resources available for download through this Platform are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, mental health, or any other kind of professional service or advice. The Registered User, Member, or Non-Member should always consult with her or his legal, financial, tax, medical, health, mental health, or other competent professional before adopting any of the suggestions or recommendations offered on the Successful Women of Faith Platform.
11. Intellectual Property Ownership.
We (and our licensors, where applicable) will remain the sole and exclusive owners of all rights, titles, and interests, including all intellectual property rights in and to the Services offered through, by, or for the Successful Women of Faith Platform and any related specifications, instructions, documentation, or other materials, including but not limited to videos, audio recordings, training modules, masterclasses, photographs, software, text, graphics, images (collectively referred to as the “Content”), and also including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. All intellectual property is protected under both United States and foreign law. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Services made available through, by, or for the Successful Women of Faith Platform, or of any intellectual property rights relating to those Products or Services.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any Product or Service, may download onto their own computers or other electronic devices, and view any Content contained in such purchased Product or Service for their own personal, non-commercial use. Other than as expressly set forth in the above language, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Platform), and you shall not use the Content except as permitted under this Agreement. No other use is permitted without the prior express written consent of Successful Women of Faith, LLC. Successful Women of Faith, LLC retains all rights, titles, and interests, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates, and you must immediately destroy any copies you have made of the Content.
Our name, logo, and the product names associated with the Services are our copyrights and trademarks or belong to third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. The obligations under this section shall survive the termination or expiration of this agreement.
12. Digital Millennium Copyright Act.
Successful Women of Faith, LLC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Successful Women of Faith, LLC
6260 East Riverside Blvd.
#156
Loves Park, IL 61111
info@successfulwomenoffaith.com
If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you, in good faith, believe that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
13. Privacy Policy and Website Terms of Use.
We respect your privacy and are committed to protecting it. Our Website Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of Services through the Site. Please review our full Privacy Policy, at: https://www.successfulwomenoffaith.com/privacy-policy.
14. Confidentiality.
a. You understand that by subscribing to our Services you will have gained access to various proprietary and/or confidential information, including but not limited to trade secrets and/or personal intellectual property of Successful Women of Faith and/or of other users of the Services, including but not limited to passwords, video advice, mentoring, and other verbal, audio, video, and written materials/Content associated with the Services (“Confidential Information”). You understand and agree that this Confidential Information is not to be openly shared with others who have not purchased a Successful Women of Faith membership plan. You agree not to share, copy, or distribute any Confidential Information obtained through Successful Women of Faith Platform, and further agree and understand that you will be in violation of these Terms if you use any of the Confidential Information as his/her own material, or repurpose and use the Confidential Information in his/her own business without express written consent from Successful Women of Faith, LLC. In the event of a breach of this provision, you understand that additional actions may be taken by Successful Women of Faith, LLC against you. The obligations under this section shall survive the termination or expiration of this agreement.
b. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed Products and Services.
15. Content Policy and Complaints Procedure Policy.
We do not tolerate any acts of intellectual property infringement or violations of United States law and strictly prohibit any child pornography or obscene or defamatory material from being posted at our Services. Accordingly, we will do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, demeaning, defamatory, or otherwise objectionable. You understand and agree however that this provision is not intended and should not be construed to impose a contractual obligation on the Services provider to undertake, or refrain from undertaking, any particular course of conduct.
a. Complaint Procedures. If you believe that someone has posted material on the Successful Women of Faith Platform which infringes the intellectual property or other rights of third parties or which is in violation of United States law or which is infringing, racist, sexist, obscene, harassing, demeaning, defamatory, or otherwise objectionable, or which constitutes child pornography, we ask you to flag the post to our attention, or promptly notify us by email at info@successfulwomenoffaith.com. You agree that we have the right to investigate any complaint received and, at any time and for any reason, to remove any material which you or anyone else may post to the Successful Women of Faith Platform, with or without your permission, and with or without cause, at our sole discretion. By reserving this right, however, we do not undertake any responsibility, in fact, to remove content posted online, whether or not a complaint has been received.
b. Waiver of Claims and Remedies. We expect visitors to take responsibility for their own actions and cannot assume liability for any acts of users or third parties which take place at the Successful Women of Faith Platform. By this agreement, you acknowledge that in establishing a complaint procedure we are taking on a good-faith approach to allow us to do our best, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, demeaning, defamatory, or otherwise objectionable. You agree to waive any claims or remedies which you might otherwise be able to make against us under any theory of law (including, but not limited to, intellectual property laws) arising out of or relating in any way to the content at these Services or our response, or failure to respond, to a complaint.
16. Representations & Warranties (“R&Ws”); Disclaimers; Limitations on Liability.
a. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the Services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; (iii) that you are buying Services from the Site for solely your own use and you agree that your access and privilege may not be transferred by you to any third party; (iv) and understand that your access or use of the Services shall be for personal, non-commercial use only, and you will not commercially exploit any portion of the Services; (iv) you agree not to disclose to anyone your confidential password and to notify us immediately if there has been a breach of your security that affects our Services.
b. Limitation on Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION, AND THAT the COMPANY IS NOT RESPONSIBLE FOR OR LIABLE FOR YOUR USE OR RELIANCE ON ANY CONTENT, MATERIALS, OR SERVICES. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OFFERED ON, PURCHASED THROUGH OR OTHERWISE FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE OR CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE TEXT, GRAPHICS OR LINKS. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE OR THAT THE SERVICES WILL BE FREE FROM BUGS, FAULTS, DEFECTS OR ERRORS OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR THE USE OR RELIANCE ON CONTENT OR SERVICES. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
c. Sole and Exclusive Remedies/Liability Cap. SUBJECT TO APPLICABLE LAW, OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO YOUR USE OF THIS SITE, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU HAVE ORDERED THROUGH OUR SITE (I.E., YOUR MONTHLY OR YEARLY MEMBERSHIP FEES).
ADDITIONALLY, EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY OTHER SUCCESSFUL WOMEN OF FAITH PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY SITE OR OTHER SUCCESSFUL WOMEN OF FAITH PLATFORM CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
17. Third-party Interactions.
The Services may be performed on third-party websites and the Services may contain links to or display content originating from third-party websites and advertisements (collectively, “Third-Party Websites & Advertisements”). Such Third-Party Websites & Advertisements are not under our control. We are not responsible for any Third-Party Websites or any Third-Party Advertisements even where Services are performed on a third-party website. Such links to third-party sites from the Platform also may include links to certain social media features that enable you to link or transmit certain content from this Site on your own or by using certain third-party websites. You may only use these features when they are provided by us and solely with respect to the content identified.
We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Advertisements, or their products or services. When you click on a link to a Third-Party Website or Advertisement, you may have left our Services and we will not warn you that: (i) you have left our Services and (ii) you are subject to the terms and conditions (including privacy policies) of another website or destination. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any and all Third-Party Websites, take precautions when downloading files from all websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Successful Women of Faith Platform. Your linking to any other off-site resources is your responsibility, and we are not liable for your linking to Third-Party Websites & Advertisements or the outcome.
18. Indemnification.
You agree to indemnify and hold harmless Company and its officers, directors, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors, and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including but not limited to attorneys’ fees and expenses, that may be incurred by the Indemnified Party arising out of, relating to or resulting from (a) your user content; (b) your misuse of the Services; (c) your breach of this agreement and/or Terms; (d) breach of your use of the Successful Women of Faith Platform including, but not limited to, your User Submissions, third-party sites, any use of the Successful Women of Faith Platform’s content, services, and products other than as expressly authorized in these Terms; or (e) your violation of any applicable laws, rules or regulations through or related to the use of the Services. In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, this agreement, or your access to the Services.
19. Third Party Beneficiaries.
These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity, any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
20. Force Majeure.
Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, such as any Acts of God, including but not limited to inclement weather, earthquakes, tornadoes, hurricanes, tsunamis, flooding, fires, as well as and also, including but not limited to war, terrorism, strikes, pandemics, lockdowns, and/or lockouts, political insurgence, insurrections, riots, civil unrest, acts of civil or military authority, uprisings, and/or delivery, vendor, supplier, or other third-party delays, non-performance, telecommunication breakdowns, power outages or shortages, or inability or delay in obtaining supplies of adequate or suitable materials and other similar events beyond the reasonable control of Successful Women of Faith, LLC and/or the Platform or failures of any kind.
21. Assignment.
Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party at its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
22. Severability.
In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms, the remaining provisions shall continue in full force and effect.
23. Governing Law/Binding Arbitration.
(a) Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of Illinois and the federal laws of the United States of America applicable therein without giving effect to any choice or conflict of law provision or rule whether of the State of Illinois, the United States of America, or any other jurisdiction.
(b) Binding Arbitration. Subject to all applicable laws, you are agreeing to give up: (i) any right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. Any claim, dispute, or controversy of any kind or nature arising from or relating in any way to your purchase of products or services through this Platform which cannot be amicably resolved by us shall be solely and finally settled by arbitration conducted in accordance with the provisions of the 710 ILCS 5/ – Uniform Arbitration Act (State of Illinois, United States of America), as it may be amended or re-enacted from time to time. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration clause is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 23 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms.
24. No Waivers.
The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Successful Women of Faith, LLC.
25. Notices to You.
We may provide notices hereunder to you under these Terms by: (i) sending a message to the email address you provide and consent to us using; or (ii) posting to the Platform. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
26. Notices to Us.
To give us notice under these Terms, you must contact us as follows: (i) by email to info@successfulwomenoffaith.com; (ii) via Company’s stated telephone number; or (iii) via Company’s stated mailing address, which can be found on our website. We may update the email address for notices to us by posting a notice on the Successful Women of Faith Platform. Notices to us provided by email transmission will be effective one business day after they are sent.
27. Entire Agreement.
Our order confirmation, these Terms, any instructions that we provide you with relating to any Service you obtain from us through Successful Women of Faith, LLC or Successful Women of Faith Platform (including but not limited to any license agreement), and our Site’s “Privacy Policy,” shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.
28. Miscellaneous.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Date: June 14, 2022