Last Updated: October 19, 2009
This business and professional networking and referral service ("network") that you are now accessing is powered, hosted and maintained by NetWorks for Women (owned by NetWorksforWomen.com / Net Works For Women, LLC., currently located at http://www.NetWorksforWomen.com. The following Terms of Service ("TOS") govern your use of the Network services, NetWorksforWomen.com, and each past, present or future Partner Network Area.
1. Acceptance of Terms of Service
By completing the registration process and clicking on the "join" button, you agree to be bound by these TOS in your access to and us of the Network services, NetWorksforWomen.com and the Partner Network Areas.
2. Privacy/Registration Information
NetWorksforWomen.com and the Partner Network Areas are intended for adult use only. Anyone under the age of 18 is not permitted to register to use the Network service on any NetWorksforWomen.com Site or any Partner Network Area. NetWorks for Women and each Partner reserves the right to deny access to NetWorksforWomen.com and/or any Partner Network Area, or any service provided through such sites or areas, to anyone who violates these TOS or who, in Net Works for Women’s or a Partner's reasonable judgment, interferes with the ability of others to enjoy the Network services, or infringes on the rights of others. While not limiting the foregoing, you acknowledge and agree that your account used to access any Network services may be terminated by NetWorksforWomen.com and/or any Partner if they learn, at any time, that you have provided NetWorksforWomen.com or any Partner false or misleading information during the process of registering (or re-registering) with any NetWorksforWomen.com Site or a Partner Network Area.
3. Modifications to these Terms of Service
4. Modifications to the network services, NetWorksforWomen.com or the Partner Network Areas
NetWorks for Women and its Partners may, in their sole discretion, add, delete, modify or amend features and/or services contained within the Network services, any NetWorksforWomen.com Site, or any Partner Network Area.
5. Content Produced by Registered Members (Your License to Us and Our License to You)
You alone are responsible for any materials you post or make available on or through NetWorksforWomen.com or any Partner Network Areas, including but not limited to message board posts, journals, bookmarks, homepages, personal profiles and member profiles. Additionally, you alone are responsible for the consequences of any content you post or otherwise make available on or through NetWorksforWomen.com or any Partner Network Areas. By submitting or otherwise making available materials on or through NetWorksforWomen.com or any Partner Network Areas, you are representing that you are the owner of such materials, or are submitting the materials with the express consent of the owner.
By submitting or otherwise making available materials to public areas of any NetWorksforWomen.com Site or any Partner Network Area, you agree that NetWorksforWomen.com and each Partner (including their respective agents, affiliates, licensors and service providers (collectively, "Third Party Providers") will at all times maintain a perpetual, irrevocable, royalty-free, worldwide, fully paid, assignable right and license to reproduce, repurpose, use, store, modify, edit, distribute or make available any portion or portions of such materials as they see fit in any medium, now known or hereafter developed, for any purpose whatsoever, subject only to the terms set forth in these Terms of Service. While not limiting the rights under the foregoing sentence, NetWorksforWomen.com and the Partners each reserve the right to excerpt, store, use or distribute, in whole or in part, any content, text, or images contained in your personal profiles or posted by you on any public areas maintained within NetWorksforWomen.com and/or the Partner Network Areas, along with your screen name or any Network nickname you select, and feature them in ads, supplements and content pages in any print publications owned, controlled or otherwise maintained by NetWorksforWomen.com or any Partner. You also agree that NetWorksforWomen.com, the Partners and the Third Party Providers may identify you as the author of any of your postings by name, email address or screen name as each deems appropriate.
You acknowledge and agree that NetWorksforWomen.com, the Partners and the Third Party Providers each reserves the right (but assumes no obligation) to delete, move, or edit any postings that come to their attention that they consider unacceptable or inappropriate, whether for legal or other reasons.
You agree not to use the Network services, NetWorksforWomen.com or any Partner Network Areas to post, distribute, or otherwise make available any content or materials (including but not limited to text, graphics, video, software programs or audio) that are unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You also agree not to post content or materials that contain advertising or any form of commercial solicitation. Additionally, you agree not to impersonate any other person or entity, including impersonating an employee or consultant of either NetWorksforWomen.com, any Partner or any Third Party Provider.
You agree not to post or otherwise make available any contact information (related to you or any other person) in any public areas (e.g., personal profiles, message boards, etc.) maintained within NetWorksforWomen.com and/or the Partner Network Areas that you do not wish to make publicly available. The term "contact information" includes but is not limited to any person's full name, email addresses, phone numbers and mailing addresses. NetWorksforWomen.com and the Partners reserve the right, but do not maintain the obligation, to remove any contact information they might find in such public areas that is deemed inappropriate. You acknowledge and agree that NetWorksforWomen.com, the Partners, the NetWorksforWomen.com Affiliates and any Third Party Providers will maintain no responsibility whatsoever for any contact or interaction that occurs between you and any other user or member of the Network service. As between you, NetWorksforWomen.com, the Partners, the NetWorksforWomen.com Affiliates and any Third Party Providers, you alone shall be solely responsible for any consequences arising from your sharing, making available or otherwise exchanging, through a public area on the web or via a private exchange, any form of "contact information" with any user or member of the Network service.
Any images you post in personal profiles must be of you only. If you post a photo, NetWorksforWomen.com and/or each Partner may feature you and your photo as a Person of the Day on any NetWorksforWomen.com Sites and any or all Partner Network Areas (including the homepages of a Partner's website linked to their respective Partner Network Area). If you are featured as a Profile of the Day, any changes you make to your personal profile that day (including adding or deleting photos, editing preferences or text, hiding or deleting the personal profile, etc.) will not be reflected in the photo or quote featured. You may opt out of being featured in the Profile of the Day via the 'Edit Profile' screen but you MUST opt out prior to being selected. Any images of yourself that you upload to your personal profiles must be recent photographs of yourself.
Except when posting to an adult network as permitted by applicable law, under no circumstances shall you post or otherwise make available images of genitalia or other graphic sexually oriented content in your personal profiles or in any other public areas within NetWorksforWomen.com Sites or any Partner Network Areas; if you do, NetWorksforWomen.com and/or each Partner maintains the right, but does not assume the obligation, to delete your personal profile, edit your personal profile by removing such images or content, and/or terminate your membership to the Network service, whereby your premium membership (if any) will be automatically forfeited as "partial damages" toward your breach of these TOS.
6. Copyrighted Material
While many areas of NetWorksforWomen.com and/or its Partners may be free or non “member only” areas, neither NetWorksforWomen.com nor its Partner intend to forfeit their rights, or anyone else's rights, to the materials appearing on the network services, NetWorksforWomen.com and the Partner Network Areas. The materials available through the foregoing services, sites and areas are the property of NetWorksforWomen.com, the Partners and their respective Third Party Providers, and are protected by copyright, trademark and other intellectual property laws. You are free to access and use the Network services, NetWorksforWomen.com and the Partner Network Areas for your personal, non-commercial use. But you may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such materials in any format, electronic or otherwise. Your access to content posted by other Network service members is also for your personal use only. If you want to redistribute such content, it is your responsibility to obtain permission from the member who posted it.
If you believe that your copyrighted work has been infringed and you want NetWorksforWomen.com to take down or disable the distribution of such work, please provide NetWorks for Women' copyright agent with the following information. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).
A. A physical or electronic signature of a person authorized to act on behalf of the copyright owner or exclusive licensee.
B. Identification of the copyrighted work claimed to be infringed. If a notice refers to multiple works posted at a single location, it is sufficient to include a representative list of works infringed at the site.
C. Identification of the material claimed to be infringing including information reasonably sufficient to permit the service provider to locate the material . Specifically, a complete URL - or URLs in the case of multiple works - must be provided.
D. Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and email address.
E. A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by "the copyright owner, its agent, or the law."
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification by a copyright owner or a person authorized to act on the copyright owner's behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon NetWorks for Women or its Partners actual knowledge of facts or circumstances from which infringing material or acts are evident.
Notices shall be sent to the Designated Agent for Notice of claims of copyright infringement of NetWorks for Women and its partners, including Partner, as follows:
|By postal mail or courier:||Copyright Agent
NetWorks for Women, LLC
P.O. Box 300932
Waterford, MI 48330
The Designated Agent will accept reports alleging copyright infringement by persons using NetWorks for Women services (i.e., the Network services, NetWorksforWomen.com and/or the Partner Network Areas).
7. Your Account and Password
9. Weblog (Blog) and Forum/Cafe Content
Guidelines for posting to your online blog, forum and/or cafe shall be as follows:
A. All Content posted to NetWorks for Women in any way, is the responsibility and property of the author. NetWorks for Women is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any posted Content. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, NetWorks for Women is committed to submitting all necessary information to the proper authorities;
B. Should any Content be reported to NetWorks for Women as being offensive or inappropriate, NetWorks for Women may or may not call upon the author to retract, modify, or protect (by means of private and friends only settings) the Content in question. NetWorks for Women has the full authority to terminate any such reported and verified offensive account holding such inappropriate content or delete any content it views as violating its TOS. NetWorks for Women, however, is under no obligation to restrict or monitor Content in any way;
C. NetWorks for Women claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the NetWorks for Women staff in protecting such Content;
D. NetWorks for Women reserves the right, without limitation except by law, to serve Member or User Content on the web. NetWorks for Women also reserves the right, without limitation, to resell any portion of a Member's posted content back to that individual;
E. You acknowledge that NetWorks for Women does not pre-screen Content, but that NetWorks for Women and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, NetWorks for Women and its designates shall have the right to remove any content that violates this TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, NetWorks for Women reserves the right to limit access to your journal, if found in violation of this TOS.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The materials and services provided through NetWorksforWomen.com and the Partner Network Areas are for informational purposes only. You may only use the materials and services for your personal and non-commercial use. Before you act on any information you've found on any NetWorksforWomen.com Site or any Partner Network Area, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH NetWorksforWomen.com OR ANY PARTNER NETWORK AREAS, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR HARM YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH NetWorksforWomen.com AND/OR ANY PARTNER NETWORK AREAS. THE NETWORK SERVICE, NetWorksforWomen.com AND THE PARTNER NETWORK AREAS, AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH ANY OF THE FOREGOING, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." NetWorksforWomen.com, THE PARTNERS, AND EACH PARTY'S THIRD PARTY PROVIDERS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE NETWORK SERVICE, NetWorksforWomen.com, OR THE PARTNER NETWORK AREAS, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THE NETWORK SERVICE, NetWorksforWomen.com OR THE PARTNER NETWORK AREAS WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NETWORKS FOR WOMEN AND ITS PARTNERS MAKE NO WARRANTY THAT THE NETWORK SERVICE, NetWorksforWomen.com OR THE PARTNER NETWORK AREAS WILL MEET YOUR REQUIREMENTS, OR THAT THE NETWORK SERVICE, NetWorksforWomen.com OR THE PARTNER NETWORK AREAS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES NETWORKS FOR WOMEN AND ITS PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE NETWORK SERVICE, NetWorksforWomen.com OR THE PARTNER NETWORK AREAS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE NETWORK SERVICE, NetWorksforWomen.com OR THE PARTNER NETWORK AREAS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NETWORK SERVICE, NetWorksforWomen.com OR THE PARTNER NETWORK AREAS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA.
NETWORKS FOR WOMEN, THE PARTNERS, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH NetWorksforWomen.com OR ANY PARTNER NETWORK AREAS, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY NetWorksforWomen.com SITES OR ANY PARTNER NETWORK AREAS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH ANY NetWorksforWomen.com SITES OR ANY PARTNER NETWORK AREAS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.
UNDER NO CIRCUMSTANCES SHALL NETWORKS FOR WOMEN, THE PARTNERS, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF THE NETWORK SERVICE, ANY NetWorksforWomen.com SITE(S) OR ANY PARTNER NETWORK AREA(S) INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF NetWorksforWomen.com, EACH PARTNER, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
YOU AGREE THAT THE LIABILITY, IF ANY, OF NetWorksforWomen.com, THE PARTNERS AND THEIR RESPECTIVE AFFILIATES, AGENTS AND LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE NETWORK SERVICE, NetWorksforWomen.com AND ANY PARTNER NETWORK AREAS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE NETWORK SERVICE.
11. Premium Membership
NetWorks for Women’s Premium Membership Programs – i.e. NetWorker Membership and MasterNetworker Membership - and as explained on the Website at www.networksforwomen..com/join-nww/nww-member-benefits - are yearly memberships that entitle you to connections, contacts, tools, benefits and opportunities above and beyond those available to non-registered, non-member users. The annual fee and/or monthly recurring payment contract for the NetWorker 1yr Annual Pay, NetWorker 1yr Monthly Auto Pay contract, and the MasterNetworker 1 yr Auto Pay and 2yr AutoPay contract is non-refundable.
You will be contacted within sixty (60) days of your anniversary date of your Membership signup to remind you to cancel your Membership prior to auto renewal. If you do not respond within 60 days, your Membership will be automatically renewed at the original contract price. If your membership is automatically renewed after your initial membership term, you may cancel at any time.
Events, Workshops and Teleseminars: NetWorks for Women provides teleseminars, workshops and events ("Events") for its users. Payment for these events is non-refundable except at NetWorks for Women’s sole discretion.
Space at some of these Events is limited. The offer for these Events is available only until all available slots are filled and are available on a first come, first reserved basis.
12. No SPAM Policy
You acknowledge and agree that sending unsolicited email advertisements to our users, whether or not you are using NetWorks for Women’s system to send such email, are expressly prohibited by this Agreement. Such use may constitute a violation of federal and state law including, but not limited to, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) and the CAN-SPAM Act of 2003. Such misuse of the Services and / or Website may subject the sender to civil and criminal penalties.
If we are informed that you are sending such email advertisements, we will terminate your account immediately and, if necessary, will take other steps to keep you from using the Services.
13. Member Content Storage
NetWorks for Women, its Partners and their respective Third Party Providers assume no responsibility for the deletion, the inability, or failure to store your content.
You agree to defend, indemnify and hold NetWorks for Women, the Partners, their respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and Third Party Providers harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Network service, any NetWorksforWomen.com Site(s) and/or any Partner Network Area(s), your violation of these Terms of Service, your violation of any laws, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
15. Termination of Membership
NetWorks for Women and its Partners reserve the right to refuse membership to anyone, for any reason listed or not listed as follows. NetWorks for Women may terminate your membership and any and all information, communications, or postings at any time, without notice, for non-payment, for conduct that violates these Terms of Service or other policies or guidelines set out by NetWorks for Women and elsewhere on, or for online conduct that NetWorks for Women and/or its Partners believe is harmful to other members, the business of NetWorks for Women and/or its Partner Network Areas, or other third-party information providers.
NetWorksforWomen.com and the Partners can't regulate what occurs when Network members decide to communicate outside the Network service or otherwise meet offline. Nevertheless, if NetWorksforWomen.com believes that your use of the Network service could lead to offline behavior that is harmful to you, other Network members, the public, NetWorksforWomen.com's business or the business of any Partner or Third Party Provider, NetWorksforWomen.com and/or each Partner maintains the right (but not the obligation) to suspend your account with no refund. Depending on the severity of the matter, number of complaints (if any), and other factors, NetWorksforWomen.com or a Partner may or may not send you warning emails before suspending your account. Likewise, NetWorksforWomen.com, the Partners and their respective Third Party Providers each maintain the right (but not the obligation) to review private electronic messages distributed through the Network service, NetWorksforWomen.com and/or the Partner Network Areas, and to use any other form of information available to NetWorksforWomen.com, the Partners and the Third Party Providers by virtue of your use of the Network service, NetWorksforWomen.com or the Partner Network Areas (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these Terms of Service, or to protect the rights, property or safety of our members, visitors, customers, the public, NetWorksforWomen.com, the Partners, or any Third Party Providers.
16. Governing Law; Legal Venue
This TOS shall be governed by the laws of the State of Michigan in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods. You irrevocably (i) agree that any action or proceeding arising from or relating to this TOS or your use of Network services, NetWorksforWomen.com and the Partner Network Areas may be brought only in the courts of Massachusetts or the U.S. District Court located in Columbus, Ohio, (ii) consent, for yourself and in respect of your property, to the jurisdiction of each such court in any such action or proceeding, and (iii) waive any objection to proceeding in such venue, including that the forum is inconvenient. YOU IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS TOS OR YOUR USE OF NETWORK SERVICES, NetWorksforWomen.com AND THE PARTNER NETWORK AREAS.
BY USING THE NETWORK SERVICES, NetWorksforWomen.com OR THE PARTNER NETWORK AREAS, YOU AGREE TO BE BOUND BY THIS TOS.