HER SOCIETY SOLUTIONS™
TERMS OF USE
PLEASE READ THIS DOCUMENT CAREFULLY.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.
This document sets out the terms of use for the Her Society Ventures LLC ("Company" “Her Society Solutions”, “Her Society Agency”, “Her Society”, “we”, “us”, “our”) software platform, Members Club, content, automations, data tracking tools, community, “Her Society Collective” Facebook group, and related content and services (collectively “Her Society Solutions™”). It governs our Founding Membership members (“Founding Members”), Account Holders’ team members (“Team Member”), Paused Plan members (“Paused Plan Members”), members on any other plan, and any other users of Her Society Solutions™ (collectively, the “Users”). When we refer to “You” or “Users”, we will be clear if we are referring to a particular type of member.
THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH [Her Society Ventures LLC], (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE PLATFORM/SERVICES IS TRUE, ACCURATE AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT. CERTAIN PORTIONS OF THE PLATFORM MAY BE SUBJECT TO “OPEN SOURCE” OR “FREE SOFTWARE LICENSES”. SUCH COMPONENTS WILL BE GOVERNED BY THE TERMS OF THEIR RESPECTIVE TERMS OF USE AND NOT BY THESE TERMS.ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, AND DATA PROCESSING AGREEMENT(WHEREVER APPLICABLE) (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND Her Society Ventures LLC INC. AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “Her Society Ventures LLC,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH HER SOCIETY VENTURES LLC RELATED TO THE PLATFORM.
Her Society Ventures LLC reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms. Our Terms of Use (“Terms” or “Agreement”) also includes our Privacy Policy, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to Her Society Solutions™. Her Society Solutions™ can be found at https://app.hersociety.us/, and also includes, without limitation, all of the subdomains, mobile applications, any other media, location, or application related to Her Society Solutions™. When referring to all of the places Her Society Solutions™ software platform can be found in this Agreement, we will be collectively referring to them as the “Platform”.
1. INTRODUCTION
Thank you for choosing Her Society Solutions™ ! We provide an all-in-one software with the tools and systems to grow your business(whether it be online or brick & mortar), along with design templates, data tracking tools, copy templates, and strategic and tactical funnel training (“Content”).
By using any of our tools and services, including all associated features and functionalities, websites, applications, online communities or social media groups, customer support, and user interfaces, as well as all Content and software applications associated with our Platform (“Services”), you are entering into a binding contract with Her Society Solutions™.
Her Society Ventures LLC is only providing the Platform for your business use without any promise of exclusivity. Her Society Ventures LLC’s customers, users, entrepreneurs, affiliate marketers, experts, and partners are not Her Society Ventures LLC’s employees, contractors, or representatives. Her Society Ventures LLC is not responsible for any interactions between you and your customers, other than providing access to the Platform. Her Society Ventures LLC is in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers, including their reliance upon any information or content you provide. You agree and acknowledge that you are responsible for implementing your own terms of service to govern the relationship between you and your customers.
You must be at least 18 years old to access or use Her Society’s services. We are committed to protecting the privacy of children and do not knowingly collect personal information from anyone under the age of 13.If you are under 18, you are not permitted to use Her Society’s platform or services or submit any personal information through our site.By using Her Society’s platform, you confirm and warrant that you are 18 years of age or older. If you are not, you may not access or use our services in any capacity.
a. Account Holders
To create an account, the owner (“Account Holder”) must complete the registration process by providing accurate, complete, and up-to-date information as prompted by the registration form. You are required to use an email address that you personally own and create a secure password. It is your responsibility to keep your login credentials confidential and to register only once with a single email address.
You agree not to:
(i) register on behalf of another person or organization;
(ii) register using someone else’s name, a fictitious name, or an alias;
(iii) select login credentials that impersonate another individual or entity, falsely suggest representation of an entity, or contain offensive language; or
(iv) choose credentials designed to deceive or mislead Her Society about your identity.
b. Team Members
While accounts can only be registered by Account Holders, the primary Account Holder may add Team Members to their account, assigning them individual login credentials. Team Members’ access to our Services and Content is limited to the permissions granted by the Account Holder.Account Holders are fully responsible for maintaining the security of their login credentials and account details. This includes all activities associated with the account, including those carried out by Team Members.
c. Security
If there is reason to believe that an Account Holder or Team Member has provided false information, shared login credentials, or distributed non-public Content without authorization, Her Society reserves the right to suspend or terminate the account without refund and deny current or future access to our Services. Personally identifiable information provided during registration is handled in accordance with our Privacy Policy.Please report any unauthorized use of your email, password, or account, as well as any security breaches, immediately. Her Society is not responsible for losses resulting from unauthorized access to your account. However, you may be held accountable for losses incurred by us or other parties due to such unauthorized use. You may not use another individual’s account without their explicit permission. We will communicate important updates about Her Society through the following channels:
(a) the email address provided during registration,
(b) notices posted within the Platform dashboard, and
(c) relevant updates posted in other areas of the Platform. It is your responsibility to check the Platform periodically for such notifications.
Details about our annual and monthly subscription options (“Plans”) for Her Society Solutions™ are available on our website. Each Plan includes information about payment terms, features, and when payment for your selected Plan is due. Some Plans may allow you to start using Her Society Solutions™ during a free trial period, as detailed in Section B below. We may also offer promotional plans or discounts from time to time. Her Society Solutions™ reserves the right to modify, terminate, or update these Plans and promotional offers at any time in accordance with these Terms. Her Society Solutions™ reserves the right to adjust Plan pricing, including recurring subscription fees. You will be notified in advance of any price changes, which will take effect at the start of the next billing cycle following the price change. If you purchase or redeem a code, gift card, pre-paid offer, or any other promotional offer for Plan access (“Code”), additional terms and conditions associated with the Code may apply. You agree to comply with these terms and conditions.
Her Society Solutions™ may offer trial periods (“Trials”) to Account Holders. Trials may be provided free of charge or may require payment at the time of registration. All details regarding the Trial duration and any associated costs will be shared when the Trial is offered.
To participate in a Trial, you must provide valid payment details during registration. Her Society Solutions™ reserves the right to determine eligibility for Trials and may modify or withdraw a Trial at any time without prior notice or liability, as permitted by law.
By providing such payment details, you agree that we may automatically begin charging you for the Trial, if there is a fee associated with the Trial, or for the selected Plan on the first day following the end of the Trial on a recurring monthly or annual basis (depending on the Plan you initially choose). If you do not want to be charged for the Plan on the first day following the end of the Trial, you must cancel the applicable Plan before the end of the Trial. You can find more information regarding the cancellation of your Plan below in the “Cancellations” section.
You understand and acknowledge that any free trial will expire after the number of days or on the date stated when you registered for an account, and following the expiration of this free trial, your membership will continue. At that time, you will be automatically charged the monthly or annual price to which you agreed, and that payment amount of that amount will renew automatically each month or year until you cancel.
Her Society Solutions™ may provide an option to "pause" your Plan while retaining your Account Holder Content on the Platform, provided your account is in good standing. During a Paused Plan, you will not have access to log into your account or view your Account Holder Content.
Additionally, Her Society Solutions™ may require you to disconnect your payment processor and domain during the paused period to prevent any third-party access to or visibility of your Account Holder Content.
a. Payments
By registering for an account with Her Society Solutions™, Account Holders agree to the fees and payment terms outlined on our website. During the purchase of a subscription plan, Account Holders will be required to provide personal payment information, including but not limited to name, credit card details, billing address, expiration date, and security code.
Account Holders acknowledge and agree that subscriptions automatically renew each month or year at the agreed-upon rate and will continue until canceled. You confirm that you have the legal authority to use the credit or debit card(s) provided for payments. By registering, you authorize us to charge your selected payment method automatically for all applicable fees without additional authorization. Your payment history will be accessible in your account dashboard.
Furthermore, you agree that we may share payment details with third-party payment processors to facilitate transactions, including credit card processing, settlements, and related services. All payment information will be handled per our Privacy Policy. If payment is not received on time, Her Society Solutions™ reserves the right to immediately suspend or terminate your access to the Platform and delete your account, including any associated content, as described in our Terms.
b. Cancellations
Account Holders may cancel their subscription at any time. Cancellations will take effect at the end of the current billing cycle. Upon cancellation, all licenses and access granted under your subscription to you to use Her Society Solutions™ will immediately terminate at the end of the billing period.
We strongly recommend downloading your contact data from the Platform before canceling your subscription. For more details on removing or migrating content you have uploaded to the Platform (“Account Holder Content”), please review the applicable terms.
c. Refunds
We are committed to your satisfaction with Her Society Solutions™; however, due to the time, effort, and resources invested in delivering our services, we maintain a strict no-refund policy. Unless otherwise required by law, you acknowledge that all payments are non-refundable, and no refunds or prorated payments will be provided at any time. By purchasing a subscription, you agree that all sales are final.Because you agreed to this clear refund policy before completing your purchase, we do not accept or tolerate chargeback threats or actual chargebacks.
Since we have a clear and explicit refund policy in these Terms that you have agreed to prior to completing the purchase of Her Society Solutions™, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
a. Our Ownership of Our Content
Her Society Solutions™, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, intellectual property, other data or copyrightable materials or content, and their selection and arrangement, is and remains the sole property of Her Society Ventures LLC unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. Her Society Solutions™, including our trademarks, may not be modified by you in any way.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL IN HER SOCIETY SOLUTIONS™, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
If you view, download, or access Her Society Solutions™, you will be considered our licensee and for the avoidance of doubt, you are granted a limited, revocable, non-sublicensable, non-exclusive, non-transferable license to access Her Society Solutions™.
You agree to not engage in the use, distribution, sale, copying or disclosure of Her Society Solutions™, or any portion thereof, to friends, family, or any other third party, or for commercial purposes or in any way that earns you or any third-party money, other than as expressly permitted.
This license is only for Your use and may not be assigned or sublicensed to anyone else, without our express written consent. Except as expressly permitted by us in writing, you will not try to reproduce the Platform, Content, or Services (including without limitation by engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm Her Society Solutions™.
You may print and download portions of material from the different areas of the Platform, Content, or Services solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Content that you upload to the Platform is and remains your content (“Account Holder Content”).
You retain all of your ownership rights in your Account Holder Content. Funnel Gorgeous does not claim any intellectual property rights over the materials uploaded to the Platform by virtue of your use of Her Society Solutions™. By uploading your Account Holder Content to the Platform, or requesting our services to do so, you agree that:
We may review your Account Holder Content for any reason, including compliance with our Code of Conduct in this Agreement and prohibited content requirements, but we have no obligation to review anything that you upload. You are uploading your Account Holder Content to the Platform at your discretion and we do not in any way certify or provide approval or permission prior to you uploading your content. You agree that by uploading your Account Holder Content to our Platform, you are allowing us, or our affiliates or vendors, to store your content. You agree that Account Holder Content you upload and submit to the Platform will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Account Holder Content you submit. You understand and agree that when you upload your Account Holder Content to our Platform, you authorize us, if need be, to access your account and Account Holder Content to assist with any issue you may encounter with your account. In the event we do so, you agree that we will not have any liability whatsoever for any damage, loss, or destruction to Account Holder Content except if it is due to our willful misconduct or, if required by applicable law, gross negligence. You agree to provide Funnel Gorgeous with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to access, use, reproduce, distribute, prepare derivative works of, and perform (e.g., to display or transmit) your Account Holder Content in furtherance of our Services, including without limitation for promoting and redistributing part or all of your content in any media formats and through any media channels, including for advertising or other commercial use (In other words, because you own your content, you have to give us permission to display it, and to use it for internal operational purposes, like storing it on our servers).You understand and agree that upon termination or cancellation of your account, in order to revoke Funnel Gorgeous’s license to Account Holder Content (including access to your social media platform information you provide upon integrating your account with any such platform), you must alter the permissions on any social media platform and you understand that this is solely your responsibility and obligation. You understand that Funnel Gorgeous is under no obligation to provide you with notice for revoking permissions to access your social media account information nor is Funnel Gorgeous to be held liable for not providing you with said notice. You understand and agree that we may retain, but not display, distribute, or perform, server copies of your Account Holder Content that has been removed or deleted.
We are not responsible for Account Holder Content nor do we endorse any opinion contained in any Account Holder Content. We reserve the right to disable access to Her Society Solutions™ or remove you and any of your Account Holder Content from our Platform if you violate any of these Terms.
You are only permitted to use Content, Platform, and Services within the Her Society Solutions™ ecosystem, and the Content, Platform, and Services are provided exclusively for current Her Society Solutions™ Account Holders.
This means that everything inside Her Society Solutions™ is non-transferrable to any other HighLevel ecosystem, or any other outside software, ecosystem, funnel builder, or domain. You agree and acknowledge you cannot export your Account Holder Content to another HighLevel ecosystem, or any other outside software, ecosystem, funnel builder, or domain, and Funnel Gorgeous is under no obligation to assist you in doing so.
You are strictly prohibited from any use of Content (including without limitation Her Tech Ally Platform community materials) outside of Her Society Solutions™, or sharing Content in any way without our consent.
In addition, the Her Society Solutions™ Support calls are for current Account Holders only, and may be limited to certain tiers or types of members.
If you decide to cancel your Her Society Solutions™ (Her Tech Ally) membership, or if we terminate your membership, you will lose access to any and all data inside the Content, Platform, and Services, including without limitation Funnels designs, Her Tech Ally, and Weekly Office Hours Calls. You will be removed from any Her Society Solutions™ Support Group.
Furthermore, upon cancellation, we cannot guarantee that your Account Holder Content will still be available, and we have no obligation to keep Account Holder Content. Therefore, Her Society Solutions™ shall not be held responsible for the loss of any Account Holder Content upon cancellation or termination of a Plan nor shall we be liable to the Account Holder for their inability to access Account Holder Content arising from any cancellation, including any claims of interference or contractual relations.
From time to time, we provide opportunities for Account Holders and Team Members to submit feedback, testimonials and ideas for improvements related to Her Society Solutions™. By posting or submitting any material such as text, photos, designs, graphics, images or videos, or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You acknowledge and agree that the feedback, testimonials or ideas of improvement that we receive from you are not confidential and you authorize us to use it without restriction and without payment to you.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author or individual depicted in any text, photos, designs, graphics, images, videos or other contributions created by you or us, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease that use of any such contributions for Her Society Solutions™ at any time for any reason.
1. No Illegal Activity: Do not use Her Society Solutions™ for any illegal activity. You are not allowed to use Her Society Solutions™ to engage in any kind of conduct that violates, any applicable federal, state, local, or international law or regulation (including, without limitation, telecommunications regulations and any laws regarding the export of data or software to and from the U.S. or other countries) or conduct that infringes upon the use or rights of another person or entity. You are not to register a name, engage in, or upload Account Holder Content that is offensive, abusive, defamatory, pornographic, threatening, or obscene.
2. You shall not reverse-engineer, decompile, disassemble, modify or creative derivative works of Her Society Solutions™ or any part thereof except to the extent permitted by applicable law.
3. You are not permitted to sell, rent, sublicense or lease any part of Her Society Solutions™.
4. You cannot host your clients’ funnels on your account; it’s one business per account. If you’re an agency, we recommend that you create an account for each client under your affiliate link, then contact Funnel Gorgeous to request that we give your client access to the client account.
5. You may not remove or alter any copyright, trademark, or other intellectual property notices contained on Account Holder Content or Her Society Solutions™.
6. No Fraud: Fraud will not be tolerated in any capacity. You may not make any use of Her Society Solutions™ that is not expressly permitted under this agreement or applicable law or which otherwise infringes the intellectual property rights in Her Society Solutions™.
7. No Bad Code: Do not use Her Society Solutions™ to transmit, distribute, send, etc. viruses, worms, malware, Trojan horses or any other code that may be deemed dangerous, harmful, or destructive in any manner. You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You shall not interfere with anyone else’s use and enjoyment of Her Society Solutions™. Users who violate systems or network security may incur criminal or civil liability.
8. No Spamming: You may not use Her Society Solutions™ to engage in any activities that will result in sending spam, junk or bulk email, chain letters or any other form of unauthorized solicitation, or any form of lottery or gambling to anyone on Her Society Solutions™.
9. No Exploitation: You will not use any Her Society Solutions™ community to try to gather personal information on any other Account Holders.
10. Intellectual Property: You will not upload any copyrighted, trademarked, or proprietary materials on the Platform without the express permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
11. Sharing of Content: You will not share our Content with anyone who is not properly licensed to access the Content.
12. You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, socio-economic status, or other identity, nor will you communicate or display hate speech.
13. You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies; and
14. No Use Other Than Intended: You may not use Her Society Solutions™ for any purposes other than intended.
If you violate this Code of Conduct, Her Society Solutions™ reserves the right to remove you and your Account Holder Content from the platform and terminate your membership. Determination of violations is at Her Society Solutions™’ sole discretion.
You agree to follow and comply with all applicable laws, regulations, and rules, including those related to telecommunications, privacy, and data protection. You are responsible for ensuring that your activities and content on Her Society Solutions™ comply with all legal requirements.
Consent and Data CollectionYou are responsible for obtaining all necessary consents and providing required notices to ensure the lawful collection and transfer of personal data to Her Society Solutions™.
You assume all liability relating to Her Society Solutions™ related to or arising out of compliance with all laws, rules and regulations, including without limitation, federal and state election laws, the Texas Consumer Rights Notice (Texas Business & Commerce Code), TPPA, Federal Trade Commission rules, telemarketing laws, CAN-SPAM Act, Telephone Consumer Protection Act, federal and state “anti-spam” or Do Not Call rules or registries, the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), and the retained UK version of the same.
Release of LiabilityYou agree to release Her Society Solutions™, its affiliates, and representatives from liability related to any violation of third-party rights or unauthorized access, use, or disclosure of personal or corporate data. This release does not apply to gross negligence or intentional misconduct by Her Society Solutions™.
You release, covenant not to sue, and hold Her Society Ventures LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, vendors or suppliers, successors and assigns (“Releasees”) harmless from any and against all liability incurred by you for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether known or unknown, arising out of or connected with your violation of any third party right, including without limitation any copyright, property, or privacy right; the unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, or failure to protect any non-public personally identifiable information or confidential corporate information; or failure to acquire the necessary consents or provide required notices to enable lawful transfer of third-party personal data to Her Society Solutions or its vendors or suppliers, whether or not caused by the active or passive negligence of the Releasees. This is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. Her Society Solutions™ takes compliance seriously and expects all users to adhere to this Code of Conduct and related policies.
We may modify, terminate, or refuse to provide access to Her Society Solutions™ at any time for any reason, without notice.
We may remove anyone from Her Society Solutions™ at any time for any reason, solely in our discretion. This right is not modified by any other section of this Agreement.
We may, but we have no obligation to, monitor any Account Holder Content that appears on the Platform.
If an Account Holder is having difficulties uploading Account Holder Content to our website or needs customer support, the Account Holder grants us permission and authorization to enter into their account to provide customer service.
If you cancel your account, we may keep a copy of your Account Holder Content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
Her Society Solutions has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time. By accessing Her Society Solutions™ at any time after such modifications are posted, you are agreeing to such modifications.
10. THIRD PARTIES
The Platform, Content, or Services may contain links to third-party advertisers, websites, or service (“Third-Party Content”). You acknowledge and agree that Company is not responsible or liable for: (1) the availability or accuracy of such Third-Party Content, or (ii) the content, products, or resources on or available from such Third-Party Content. Links to such Third-Party Content do not imply any endorsement by Company of Third-Party Content and Company is not responsible or liable for the behavior, features, or content of any Third-Party Content or for any transaction you may enter into with any such Third Party. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Content.
Company disclaims any responsibility or liability related to your access or use of any Third-Party Content.
If we have a good faith belief that any content (including without limitation any content your own customers or users may upload to the Platform) appearing on Her Society Solutions™ violates any copyrights, we reserve the right to remove, block, or otherwise “take down” the content.
Notice
If you believe that content appearing on Her Society Solutions™ violates your intellectual property, you should send a notice to Her Society Solutions (either physical mail or email is ok) at the following address:
Her Society Ventures LLC
5900 Balcones Drive, STE 100
Austin, Texas 78731
Contents of Notice
If you send Her Society Solutions™ a notice regarding any claimed infringements, your notice must contain the following information:
A physical or electronic signature from the owner or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringedIdentification of the copyrighted work claimed to have been infringedIdentification of the material/works/content that is claimed to be infringing that you want to see removed. This identification should include a location (URL) and other details sufficient to allow Her Society Solutions to find and review this material on Her Society Solutions™. Your contact information, including your address, telephone number, and email address, so that we may be able to contact youA statement by you that you have a good faith belief that the use of the material/works/content are not authorized by the copyright owner, its agent, or the lawA statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
Counter Notification
If any content (including without limitation any Account Holder, Team Member, other User, or third-party’s) is removed due to the receipt of a DMCA notice, you may send Her Society what is known as a Counter Notice if you believe that your content was wrongly removed. Your Counter Notice must contain:
A physical or electronic signatureIdentification of what was removed and the location where the material appeared before it was removedA statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentificationYour name, address, and telephone number, and a statement that you consent to the jurisdiction of Texas and that you will accept service of process from the person who provided notification
Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing.
Repeat Infringements: Should Her Society receive multiple DMCA complaints regarding any Account Holders, Team Members, other Users, or third-parties, Her Society may simply remove that person from Her Society Solutions™ without further warning.
You acknowledge and agree that Funnel Gorgeous is not liable for damages arising out of or related to your breach of this Agreement and losses or success that may result from your use of the Platform, Content, or Services. We also require that you understand and agree that Her Society Solutions™ is offered As Is and may not always be 100% perfect or reliable and that Her Society Solutions™ does not warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Funnel Gorgeous will be limited to the fees you have paid us in the 12 months prior to the accrual of any claim.
YOU UNDERSTAND AND AGREE THAT HER SOCIETY SOLUTIONS™ IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. FUNNEL GORGEOUS AND ALL OWNERS OF HER SOCIETY SOLUTIONS™ MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER FUNNEL GORGEOUS NOR ANY OWNER OF CONTENT WARRANTS THAT HER SOCIETY SOLUTIONS™ ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, FUNNEL GORGEOUS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), ACCOUNT HOLDER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH HER SOCIETY SOLUTIONS™ OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND FUNNEL GORGEOUS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN ACCOUNT HOLDER AND ANY THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM FUNNEL GORGEOUS SHALL CREATE ANY WARRANTY ON BEHALF OF FUNNEL GORGEOUS. WHILE USING HER SOCIETY SOLUTIONS™, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Information describing your trademark or service mark. The registration number, if applicable. Basis for your trademark claim. Jurisdiction in which you claim trademark rights, and Class (category) of goods or services and accompanying description for which you assert trademark rights
13. ACCOUNT OWNERSHIP DISPUTES
In the unlikely event that there is a dispute over the ownership of an account, Her Society Solutions has the right to request additional information from you to determine ownership and settle the dispute. The information that we may request to assist in resolving ownership disputes includes, but is not limited to, the following:
a copy of Your government-issued photo ID;
Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of your entity;
Your billing information and details;
Certified copies of your tax returns or tax documents; and
Other documentation as we deem necessary to settle the dispute
Should a dispute arise, Funnel Gorgeous reserves the right to determine the account ownership in its sole judgment, and the ability to transfer the account to the person or entity it determines is the rightful owner, unless otherwise prohibited by law.
14. PAYMENT PROCESSING
Payment processing services are currently provided by integration with Stripe and PayPal and are subject to the Stripe and PayPal user agreements or terms of service; we may provide integrations with other payment processors in the future, which would be subject to their user agreements or terms of service. By agreeing to this Agreement, to the extent applicable, you agree to be bound by the user agreements or terms of service of any payment processing provider with which you integrate your account.
As a condition of enabling payment processing services, you agree to provide accurate and complete information about you and your business, and you authorize to share it and transaction information related to your use of the payment processing services provided by any payment processing provider.
You agree you are responsible for all legal and regulatory compliance in the country and/or countries you conduct business in.
15. ERRORS AND CORRECTIONS
Her Society Solutions™ does not guarantee that the Platform, Content, or Services will be error-free or otherwise reliable, nor does Her Society Solutions™ guarantee that defects will be corrected or that any offerings through Her Society Solutions™ will always be accessible. Her Society Solutions™ may make improvements and/or changes to Her Society Solutions™ and their features and functionality at any time and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Account Holder Content are the sole responsibility of the Account Holder who owns the Account Holder Content.
We reserve the right to amend the Platform, Content, or Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of Her Society Solutions™ is unavailable at any time or for any period. From time to time, we may restrict access to some or all of Her Society Solutions™, for maintenance or other internal purposes.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH HER SOCIETY SOLUTIONS™ IS LIMITED TO THE PORTION OF THE FEES YOU HAVE PAID US IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF ANY CLAIM. YOU AGREE THAT FUNNEL GORGEOUS HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH HER SOCIETY SOLUTIONS™, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO FUNNEL GORGEOUS, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS LIMITED TO THE FEES THAT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF ANY CLAIM.
IN NO EVENT WILL HER SOCIETY SOLUTIONS™, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE HER SOCIETY SOLUTIONS™, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER FUNNEL GORGEOUS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO HER SOCIETY SOLUTIONS™, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO FUNNEL GORGEOUS DURING THE PRIOR TWELVE MONTHS IN QUESTION.
Nothing in the Agreements removes or limits Her Society’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
YOU AGREE THAT ANY CLAIM AGAINST HER SOCIETY SOLUTIONS™ MUST BE COMMENCED BY FILING AN INDIVIDUAL ACTION UNDER THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW
Her Society Solutions™ is committed to fostering an inclusive environment that supports LGBTQ rights, women’s rights, and civil rights. We do not tolerate discrimination, hate speech, or abusive behavior based on identity or socio-economic status.We reserve the right to terminate access to our platform without refund if you or your representatives engage in discriminatory or hateful conduct toward our team or marginalized groups. For concerns or suggestions regarding our DE&I efforts, please email [email protected]
To the fullest extent permitted by law, you agree to indemnify and hold harmless Her Society Solutions™, its affiliates, and representatives from any claims, damages, liabilities, or expenses arising from:
Your use of the platform, content, or services.Violations of this agreement or third-party rights.Improper collection, use, or transfer of third-party personal data.
Her Society Solutions™ may assume control of your defense in such matters, and you agree to cooperate fully. This obligation survives the termination of your use of the platform or services.
Her Society Solutions™ is not responsible for any delay or failure to perform caused by circumstances beyond its reasonable control. These circumstances include, but are not limited to, acts of God, war, terrorism, riots, embargoes, actions by governmental, regulatory, civil, or military authorities, fires, floods, accidents, strikes, pandemics, or supply shortages.
These Terms of Use, along with any notices referenced on the Her Society Solutions™ platform (including the Privacy Policy), constitute the entire agreement governing your access to and use of the platform, content, and services.If any provision of these Terms is deemed unlawful, void, or unenforceable by a court of proper jurisdiction, that provision will be severed, and the remaining provisions will remain valid and enforceable. No provision of these Terms may be waived unless explicitly agreed upon in writing and signed by both parties. Failure to enforce any right or remedy under these Terms does not constitute a waiver of that right or remedy or any future enforcement of rights.
Her Society Solutions reserves the right to modify or update these Terms of Use at any time, at its sole discretion. Changes are effective immediately upon being posted and will apply to all subsequent use of the platform, content, and services. By continuing to use the platform, content, or services after updated Terms of Use are posted, you agree to be bound by the revised Terms. It is your responsibility to periodically review these Terms for updates.
If you have any questions or concerns regarding these Terms of Use, the Platform, Services, or Content, please reach out to us through the “Contact” section on our website, or via physical or electronic mail at the address below.
Her Society Ventures LLC
5900 Balcones Drive, STE 100
Austin, Texas 78731
Email: [email protected]: Her Society Ventures LLC does not offer walk-in services.
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