Acceptance of Terms and Conditions
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the Terms and Conditions of this agreement. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Site or use any services. If these Terms and Conditions are considered an offer by WiC, acceptance is expressly limited to these Terms. The Site is available only to individuals who are at least 13 years old. WiC reserves the right to block access from a particular Internet address at its sole discretion.
- Responsibility of Contributors. If you contribute to the blog, comment on the blog, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by WiC or otherwise.
By submitting Content to WiC for inclusion on the Site, you grant WiC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, WiC will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, WiC has the right (though not the obligation) to, in WiC’ sole discretion (i) refuse or remove any content that, in WiC’ reasonable opinion, violates any WiC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in WiC’s sole discretion. WiC will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Site Visitors. WiC has not reviewed, and cannot review, all of the material, including computer software, posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, WiC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional Terms and Conditions, stated or unstated. WiC disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
- Usernames and Passwords. To access certain portions of the WiC Site, you may be asked to set a username and password. You are solely responsible for maintaining the confidentiality of your password and all use of your account. You should not disclose your password to any third party, and WiC disclaims any liability relating to your disclosure of your password. You agree to notify WiC immediately if you suspect any unauthorized use of your account or access to your password. You agree not to use the account information, username, or password of any other user at any time.
- Access to Restricted or Secure Areas of the Site. Paid Members of WiC have granted permission to access paywall-restricted content and may do so by logging in to their account at www.womeninthechannel.org. Members of WiC have granted access to paywall-restricted content for as long as their Membership is current. Members can ask WiC about their membership expiration date by contacting us at billing[at]womeninthechannel.com. WiC reserves the right to deny a request for Membership to WiC, or to terminate an existing Membership to WiC, at its sole discretion. Other portions of WiC Site are secure and password protected for restricted use by the organization’s management, employees, contractors, and others to whom we have granted this access. Accesses to these areas of the Site require explicit authorization from WiC management, and all others are explicitly prohibited from accessing, or attempting to access, these secured areas of the Site. Unauthorized persons attempting to access restricted, secured, and/or password protected areas of the Web Site may be subject to prosecution.
- Membership Benefits. WiC is an organization made up of high-powered women who are in leadership, ownership, and revenue-generating roles in the telecom and IT sales channel. We exist to serve our Members. Membership guarantees access to a wealth of resources and benefits to help promote your business, build your career, and advance your professional skills. Our missions is to provide a forum for Members to network, collaborate, mentor and support one another as women. Membership benefits start immediately upon joining WiC. Descriptions of WiC’s Membership benefits are available at www.womeninthechannel.org under the tab “Members Only”.
- Online Membership and Donations. When you purchase a WiC membership or make a donation to WiC online, we will ask you to provide us with the information we need to process your membership and/or to acknowledge your contribution. This information includes your name, company name, billing and mailing addresses, telephone number, email address, and credit card information. Your credit card information will be stored on a secured server and used only as needed to process your transaction. We will retain your personally identifiable information for our records, in order to facilitate better customer service.
- Automatic Membership Renewals. All WiC Memberships are valid for one year (“Initial Term”) from date of purchase. By signing up for a Membership, you agree that your Initial Term will be automatically renewed for a like term (“Renewal Term”) and, unless you cancel your Membership, you authorize us to charge your payment method for the Renewal Term. The period of auto-renewal will be the same as your Initial Term unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior Term, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. If you desire to opt out of automatic renewal or change any of the personal or credit card information on file, please contact billing[at]womeninthechannel.org.
- Membership Sales. You expressly acknowledge that by joining WiC and agreeing to pay its annual Membership, this Membership sale is considered final and fully-consummated at the time of the transaction and no refunds will be issued should you chose to opt out mid-term, unless required by law that operates independent from these Terms and Conditions. A WiC Membership is not transferable and the benefits contained herein are not assignable and shall provide no amount of reimbursement of costs, fees or expenses not specifically covered by these Terms and Conditions.
- Member Disputes. You are solely responsible for your interactions with other WiC Members. WiC reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
- Content Posted on Other Sites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the Sites and webpages to which WomenintheChannel.com links, and that link to WomenintheChannel.com. WiC does not have any control over these Sites and webpages, and is not responsible for their contents or their use. By linking to a non-WiC Site or webpage, WiC does not represent or imply that it endorses such Site or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. WiC disclaims any responsibility for any harm resulting from your use of non-WiC Sites and webpages.
- Copyright Infringement and DMCA Policy. As WiC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WomenintheChannel.com violates your copyright, you are encouraged to notify WiC in accordance with WiC’ Digital Millennium Copyright Act (“DMCA”) Policy. WiC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WiC will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WiC or others. In the case of such termination, WiC will have no obligation to provide a refund of any amounts previously paid to WiC.
- Intellectual Property. This Agreement does not transfer from WiC to you any WiC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with WiC. WiC, WomenintheChannel.com, and the WomenintheChannel.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of WiC. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any WiC or third-party trademarks.
- Professional Advice. The Sites are intended to provide general information about WiC, its mission and the agencies which we support and to provide individuals with an online community for the sharing of ideas. The Sites are not engaged in the provision of professional advice or information. Content posted on the Sites should be considered as opinion only and should not be taken as a substitute for, without limitation, legal, medical or other professional advice from a qualified service provider. Always seek the direct advice of your physician or another health care professional in connection with any questions you may have regarding your own health or the health of your family members. We make no representations or warranties concerning any action taken by any person in reliance on the information provided through the Sites. We will not be liable for any damages that may result, including but not limited to direct, indirect, consequential, special or other damages or economic loss, illness, injury or death.
- Termination. WiC may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Membership, you may simply discontinue using the Site. WiC can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Indemnification. You agree to indemnify, defend and hold harmless WiC and any of WiC’s third parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of the Site or related sites, any assistance or services provided by us or third parties, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to this agreement.
- NO WARRANTIES, CONDITIONS OR OTHER DUTIES. THE SITE AND ALL CONTENT (REGARDLESS OF WHO GENERATES IT), SITE FUNCTIONALITY, ASSISTANCE AND SERVICES PROVIDED BY SITE, WIC OR THIRD PARTIES (collectively, “COMPLETE SITE”) ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES “AS IS” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
- Governing Law and Exclusive Jurisdiction. These Terms and your use of the Site are governed by the laws of the State of California, U.S.A., without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like (collectively, “Mandate”) to contract for application of the law of your local jurisdiction. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in Los Angeles County, California, U.S.A. except to the extent you are prohibited from doing so by a Mandate.
- Dispute Resolution. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and WiC agree to submit to the exclusive jurisdiction and venue of the appropriate state or federal court located in the City of Los Angeles, California, to resolve any dispute arising out of the Agreement or the WiC Services.
- CLASS ACTIONS AND TRIAL BY JURY. TO THE EXTENT ALLOWED BY LAW, EACH OF THE PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
- Severability. The unenforceability of any provision or provisions of this Agreement shall not render unenforceable other provisions of this Agreement. In the event that any provision of this Agreement is deemed unenforceable or invalid in whole or in part, then this Agreement shall be modified and amended as necessary to exclude the unenforceable provision or provisions and render the Agreement as enforceable and to the extent possible consistent with the original intent of the Agreement between the Parties.
- Headings. Headings in this Agreement are strictly for convenience and shall have no effect in the construction or interpretation of this Agreement.
- No Waiver. The failure of WiC to enforce or exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- Assignment. WiC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.