Website Terms of Use
Last Modified: [10/24/2024]
Acceptance of the Terms of Use
These terms of use are entered into by and between you and
Hope for Everybody, LLC ("Company," "we," or
"us"). The following terms and conditions, together with any
documents they expressly incorporate by reference] (collectively, "Terms
of Use"), govern your access to and use of www.agreatwoman.com,
including any content, functionality, and services offered on or through
www.agreatwoman.com (the "Website"), whether as a guest or a
registered user.
Please read the Terms of Use carefully
before you start to use the Website.
By using the Website and/or by clicking to accept or
agree to the Terms of Use when this option is made available to you, you accept
and agree to be bound and abide by these Terms of Use and our Privacy Policy,
found at www.agreatwoman.com/privacy-policy, incorporated herein by reference.
If you do not want to agree to these Terms of Use or the Privacy Policy, you
must not access or use the Website.
This Website is offered and available to
users who are 18 years of age or older, and reside in the United States or any
of its territories or possessions. By using this Website, you represent and
warrant that you are of legal age to form a binding contract with the Company
and meet all of the foregoing eligibility requirements. If you do not meet all
of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use
from time to time in our sole discretion. All changes are effective immediately
when we post them and apply to all access to and use of the Website thereafter.
However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any
disputes for which the parties have actual notice on or before the date the
change is posted on the Website.
Your continued use of the Website following
the posting of revised Terms of Use means that you accept and agree to the
changes. You are expected to check this page each time you access this Website
so you are aware of any changes, as they are binding on you.
Accessing the Website and Account
Security
We reserve the right to withdraw or amend
this Website, and any service or material we provide on the Website, in our
sole discretion without notice. We will not be liable if for any reason all or
any part of the Website is unavailable at any time or for any period. From time
to time, we may restrict user access, including registered user access, to some
parts of the Website or the entire Website.
You are responsible for both:
· Making all
arrangements necessary for you to have access to the Website.
· Ensuring that
all persons who access the Website through your internet connection are aware
of these Terms of Use and comply with them.
To access the Website or some of the
resources it offers, you may be asked to provide certain registration details
or other information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete. You
agree that all information you provide to register with this Website or
otherwise, including, but not limited to, through the use of any interactive
features on the Website, is governed by our Privacy Policy
www.agreatwoman.com/privacy-policy, and you consent to all actions we take with
respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a
username, password, or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must not
disclose it to any other person or entity. You also acknowledge that your
account is personal to you and agree not to provide any other person with
access to this Website or portions of it using your username, password, or
other security information. You agree to notify us immediately of any
unauthorized access to or use of your username or password or any other breach
of security. You also agree to ensure that you exit from your account at the
end of each session. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or
record your password or other personal information.
We have the right to disable any username,
password, or other identifier, whether chosen by you or provided by us, at any
time in our sole discretion for any or no reason, including if, in our opinion,
you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents,
features, and functionality (including but not limited to all information,
software, text, displays, images, video, and audio, and the design, selection,
and arrangement thereof) are owned by the Company, its licensors, or other
providers of such material and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual property or
proprietary rights laws.
These Terms of Use permit you to use the
Website for your personal, non-commercial use only. You must not reproduce,
distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the material on our Website, except as follows:
· Your computer
may temporarily store copies of such materials in RAM incidental to your
accessing and viewing those materials.
· You may store
files that are automatically cached by your Web browser for display enhancement
purposes.
· You may print or
download one copy of a reasonable number of pages of the Website for your own
personal, non-commercial use and not for further reproduction, publication, or
distribution.
· If we provide
desktop, mobile, or other applications for download, you may download a single
copy to your computer or mobile device solely for your own personal,
non-commercial use, provided you agree to be bound by our end user license
agreement for such applications.
· If we provide social
media features such as linking to social media sites or accounts with
certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of
any materials from this site.
· Use any
illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text.
· Delete or alter
any copyright, trademark, or other proprietary rights notices from copies of
materials from this site.
You must not access or use for any
commercial purposes any part of the Website or any services or materials
available through the Website.
If you wish to make any use of material on
the Website other than that set out in this section, please address your
request to: support@hopeforeverybody.com.
If you print, copy, modify, download, or
otherwise use or provide any other person with access to any part of the
Website in breach of the Terms of Use, your right to use the Website will stop
immediately and you must, at our option, return or destroy any copies of the
materials you have made. No right, title, or interest in or to the Website or
any content on the Website is transferred to you, and all rights not expressly
granted are reserved by the Company. Any use of the Website not expressly
permitted by these Terms of Use is a breach of these Terms of Use and may
violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms
agreatwoman.com, AGW, the Company logo, and all related names, logos, product
and service names, designs, and slogans are trademarks of the Company or its
affiliates or licensors. You must not use such marks without the prior written
permission of the Company. All other names, logos, product and service names,
designs, and slogans on this Website are the trademarks of their respective
owners.
Prohibited Uses
You may use the Website only for lawful
purposes and in accordance with these Terms of Use. You agree not to use the
Website:
· In any way that
violates any applicable federal, state, local, or international law or
regulation (including, without limitation, any laws regarding the export of
data or software to and from the US or other countries).
· For the purpose
of exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable
information, or otherwise.
· To send,
knowingly receive, upload, download, use, or re-use any material that does not
comply with the Content Standards set out in these Terms of Use.
· To transmit, or
procure the sending of, any advertising or promotional material without our
prior written consent, including any "junk mail," "chain
letter," "spam," or any other similar solicitation.
· To impersonate
or attempt to impersonate the Company, a Company employee, another user, or any
other person or entity (including, without limitation, by using email addresses
or screen names associated with any of the foregoing).
· To engage in any
other conduct that restricts or inhibits anyone's use or enjoyment of the
Website, or which, as determined by us, may harm the Company or users of the
Website, or expose them to liability.
Additionally, you agree not to:
· Use the Website
in any manner that could disable, overburden, damage, or impair the site or
interfere with any other party's use of the Website, including their ability to
engage in real time activities through the Website.
· Use any robot,
spider, or other automatic device, process, or means to access the Website for
any purpose, including monitoring or copying any of the material on the
Website.
· Use any manual
process to monitor or copy any of the material on the Website, or for any other
purpose not expressly authorized in these Terms of Use, without our prior
written consent.
· Use any device,
software, or routine that interferes with the proper working of the Website.
· Introduce any
viruses, Trojan horses, worms, logic bombs, or other material that is malicious
or technologically harmful.
· Attempt to gain
unauthorized access to, interfere with, damage, or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer, or
database connected to the Website.
· Attack the
Website via a denial-of-service attack or a distributed denial-of-service
attack.
· Otherwise
attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards,
chat rooms, personal web pages or profiles, forums, bulletin boards ,email features, and other interactive features
(collectively, "Interactive Services") that allow users to
post, submit, publish, display, or transmit to other users or other persons
(hereinafter, "post") content or materials (collectively,
"User Contributions") on or through the Website.
All User Contributions must comply with the
Content Standards set out in these Terms of Use.
Any User Contribution you post to the site
will be considered non-confidential and non-proprietary. By providing any User
Contribution on the Website, you grant us and our affiliates and service
providers, and each of their and our respective licensees, successors, and
assigns the right to use, reproduce, modify, perform, display, distribute, and
otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
· You own or
control all rights in and to the User Contributions and have the right to grant
the license granted above to us and our affiliates and service providers, and
each of their and our respective licensees, successors, and assigns.
· All of your User
Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are
responsible for any User Contributions you submit or contribute, and you, not
the Company, have full responsibility for such content, including its legality,
reliability, accuracy, and appropriateness.
We are not responsible or liable to any
third party for the content or accuracy of any User Contributions posted by you
or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse
to post any User Contributions for any or no reason in our sole discretion.
· Take any action
with respect to any User Contribution that we deem necessary or appropriate in
our sole discretion, including if we believe that such User Contribution
violates the Terms of Use, including the Content Standards, infringes any
intellectual property right or other right of any person or entity, threatens
the personal safety of users of the Website or the public, or could create
liability for the Company.
· Disclose your
identity or other information about you to any third party who claims that
material posted by you violates their rights, including their intellectual
property rights or their right to privacy.
· Take appropriate
legal action, including without limitation, referral to law enforcement, for
any illegal or unauthorized use of the Website.
· Terminate or
suspend your access to all or part of the Website for any or no reason,
including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the
right to cooperate fully with any law enforcement authorities or court order
requesting or directing us to disclose the identity or other information of
anyone posting any materials on or through the Website. YOU WAIVE AND HOLD
HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES
DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR
LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all
material before it is posted on the Website and cannot ensure prompt removal of
objectionable material after it has been posted. Accordingly, we assume no
liability for any action or inaction regarding transmissions, communications,
or content provided by any user or third party. We have no liability or
responsibility to anyone for performance or nonperformance of the activities
described in this section.
Content Standards
These content standards apply to any and
all User Contributions and use of Interactive Services. User Contributions must
in their entirety comply with all applicable federal, state, local, and
international laws and regulations. Without limiting the foregoing, User
Contributions must not:
· Contain any
material that is defamatory, obscene, indecent, abusive, offensive, harassing,
violent, hateful, inflammatory, or otherwise objectionable. Promote
sexually explicit or pornographic material, violence, or discrimination based
on race, sex, religion, nationality, disability, sexual orientation, or age. We
have a zero-tolerance policy for such content and we will exercise our right to
remove or refuse to post any User Contributions for any or no reason in our
sole discretion. If you are in doubt whether such content falls within
this category, we recommend that you do not post it.
· Infringe any
patent, trademark, trade secret, copyright, or other intellectual property or
other rights of any other person.
· Violate the
legal rights (including the rights of publicity and privacy) of others or
contain any material that could give rise to any civil or criminal liability
under applicable laws or regulations or that otherwise may be in conflict with
these Terms of Use and our Privacy Policy www.agreatwoman.com/privacy-policy.
· Be likely to
deceive any person.
· Promote any
illegal activity, or advocate, promote, or assist any unlawful act. We have a
zero-tolerance policy for such content and we will exercise our right to remove
or refuse to post any User Contributions for any or no reason in our sole
discretion. If you are in doubt whether such content falls within this
category, we recommend that you do not post it.
· Cause annoyance,
inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or
annoy any other person.
· Impersonate any
person or misrepresent your identity or affiliation with any person or
organization.
· Involve
commercial activities or sales, such as contests, sweepstakes, and other sales
promotions, barter, or advertising.
· Give the
impression that they emanate from or are endorsed by us or any other person or
entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions
violate your copyright, please see our Copyright Policy https://www.agreatwoman.com/copyright-policy
for instructions on sending us a notice of copyright infringement. It is the
policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the
Website is made available solely for general information purposes. We do not
warrant the accuracy, completeness, or usefulness of this information. Any
reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on
such materials by you or any other visitor to the Website, or by anyone who may
be informed of any of its contents.
This Website includes content provided by
third parties, including materials provided by other users, bloggers, and
third-party licensors, syndicators, aggregators, and/or reporting services. All
statements and/or opinions expressed in these materials, and all articles and
responses to questions and other content, other than the content provided by
the Company, are solely the opinions and the responsibility of the person or
entity providing those materials. These materials do not necessarily reflect
the opinion of the Company. We are not responsible, or liable to you or any
third party, for the content or accuracy of any materials provided by any third
parties.
Changes to the Website
We may update the content on this Website
from time to time, but its content is not necessarily complete or up-to-date. Any
of the material on the Website may be out of date at any given time, and we are
under no obligation to update such material.
Information About You and Your Visits
to the Website
All information we collect on this Website
is subject to our Privacy Policy www.agreatwoman.com/privacy-policy. By using
the Website, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
Online Purchases and Other Terms and
Conditions
All purchases through our site or other
transactions for the sale of goods, services, or information carried out
through the Website, or resulting from visits made by you, are governed by our
Terms of Sale https://www.agreatwoman.com/terms-sale,
which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also
apply to specific portions, services, or features of the Website. All such
additional terms and conditions are hereby incorporated by this reference into
these Terms of Use
Linking to the Website and Social
Media Features
You may link to our homepage, provided you
do so in a way that is fair and legal and does not damage our reputation or
take advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval, or endorsement on our part without
our express written consent.
This Website may provide certain social
media features that enable you to:
· Link from your
own or certain third-party websites to certain content on this Website.
· Send emails or
other communications with certain content, or links to certain content, on this
Website.
· Cause limited
portions of content on this Website to be displayed or appear to be displayed
on your own or certain third-party websites.
You may use these features solely as they
are provided by us, and solely with respect to the content they are displayed
with, and otherwise in accordance with any additional terms and conditions we
provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link
from any website that is not owned by you.
· Cause the
Website or portions of it to be displayed on, or appear to be displayed by, any
other site, for example, framing, deep linking, or in-line linking.
· Link to any part
of the Website other than the homepage.
· Otherwise take
any action with respect to the materials on this Website that is inconsistent
with any other provision of these Terms of Use.
The website from which you are linking, or
on which you make certain content accessible, must comply in all respects with
the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing
any unauthorized framing or linking immediately to stop. We reserve the right
to withdraw linking permission without notice.
We may disable all or any social media
features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other
sites and resources provided by third parties, these links are provided for
your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over
the contents of those sites or resources and accept no responsibility for them
or for any loss or damage that may arise from your use of them. If you decide
to access any of the third-party websites linked to this Website, you do so
entirely at your own risk and subject to the terms and conditions of use for
such websites.
Geographic Restrictions
The owner of the Website is based in the
State of Texas in the United States. We provide this Website for use only by
persons located in the United States. We make no claims that the Website or any
of its content is accessible or appropriate outside of the United States.
Access to the Website may not be legal by certain persons or in certain
countries. If you access the Website from outside the United States, you do so
on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not
guarantee or warrant that files available for downloading from the internet or
the Website will be free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for anti-virus protection and accuracy of data
input and output, and for maintaining a means external to our site for any
reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE
ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE
TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE
LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE
WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE
COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND
THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS,
TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST
TWELVE (12) MONTHS OR THE DURATION YOU HAVE PURCHASED, WHICHEVER IS LESSER, FOR
THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE. The
limitation of liability set out above does not apply to liability resulting
from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY
THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold
harmless the Company, its affiliates, licensors, and service providers, and its
and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors, and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses, or fees
(including reasonable attorneys' fees) arising out of or relating to your
violation of these Terms of Use or your use of the Website, including, but not
limited to, your User Contributions, including but not limited to any tribute
images, music links, written word and/or text descriptions, any use of the
Website's content, services, and products other than as expressly authorized in
these Terms of Use, or your use of any information obtained from the Website.
You warrant and agree that your User Contributions are accurate and truthful,
including but not limited to private personal information, such as social
security numbers, dates of birth, email addresses, physical addresses and the
like. We are not liable or responsible for your failure to provide
accurate and truthful information.
Governing Law and Jurisdiction
All matters relating to the Website and
these Terms of Use, and any dispute or claim arising therefrom or related
thereto (in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the State of
Texas without giving effect to any choice or conflict of law provision or rule
(whether of the State of Texas or any other jurisdiction).
Any dispute, controversy or claim arising out of, relating
to or in connection with this website usage and agreements, including the
breach, termination, or validity thereof, shall be finally resolved by
arbitration. The tribunal shall have the power to rule on any challenge to its
own jurisdiction or to the validity or enforceability of any portion of the
agreement to arbitrate. The parties agree to arbitrate solely on an individual
basis, and that this agreement does not permit class arbitration or any claims
brought as a plaintiff or class member in any class or representative
arbitration proceeding. The arbitral tribunal may not consolidate more than one
person's claims and may not otherwise preside over any form of a representative
or class proceeding.
In the event the prohibition on class arbitration is deemed
invalid or unenforceable, then the remaining portions of the arbitration
agreement will remain in force.
Claimant shall have the right to opt out of this agreement
to arbitrate by providing written notice of its intention to do so to
Respondent within 60 days of the initial use of this website.
Waiver and Severability
No waiver by the Company of any term or
condition set out in these Terms of Use shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term or condition,
and any failure of the Company to assert a right or provision under these Terms
of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held
by a court or other tribunal of competent jurisdiction to be invalid, illegal,
or unenforceable for any reason, such provision shall be eliminated or limited
to the minimum extent such that the remaining provisions of the Terms of Use
will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, Terms
of Sale, and Copyright Policy, constitute the sole and entire agreement between
you and Hope for Everybody, LLC regarding the Website and supersede all prior
and contemporaneous understandings, agreements, representations, and
warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Hope for
Everybody, LLC, 8008 Camp Bowie West Blvd, Suite 112, Fort Worth, Texas 76116.
All notices of copyright infringement
claims should be sent to the copyright agent designated in our Copyright Policy
https://www.agreatwoman.com/copyright-policy in the manner and by the means set
out therein.
All other feedback, comments, requests for
technical support, and other communications relating to the Website should be
directed to: support@hopeforeverybody.com