By using our Services, you consent to the use and sharing of the information we collect and receive as described below.
Collection of Information:
When you interact with us through our Services, we may collect or receive the following types of information:
Information You Provide Directly. You may provide information directly to us in several different ways. For example, we collect the information you provide us when you:
Contact us with inquiries;
Respond to one of our surveys;
Register for access to our Services;
Purchase items through our Sites; or
Use certain Services.
This information may include your name and e-mail address, telephone number, address, credit card information and other information that may identify you (collectively, “Personal Information”).
Information We Collect Automatically. We also may receive and store certain information about you and your computer automatically. Automatically collected information may include:
The type of web browser and operating system you have used to access our Services;
Your IP address (which is a number automatically assigned to your computer when you access the Internet and can be used to derive your general geographic location);
The domain name of your Internet service provider;
The website you visited before you came to our Services; and
Information about the content you view and the features you access on our Services that we collect using cookies, web beacons, and similar technologies.
We may use such information and pool it with other information to track, for example, the total number of visitors to our Services, the number of visitors to each page of our Services, and the domain names of our visitors’ Internet service providers. We may also use Google Analytics to better understand user visits to and navigation of the site. We may, from time to time, share this information with certain third parties, as set forth below in the section titled “Sharing of Information.” However, it is important to note that no Personal Information is made available to or shared with third parties as part of this process.
Location information. We may collect your location information (for example, by using the GPS on your mobile device) to provide certain functionality. Please note that if you choose to enable location features, other users of our Services may be able to see your location.
Use of Information:
We use the information we collect and receive for the following general purposes:
To provide you with access to our Services and to permit you to participate in the Promote Her Business community;
To permit you, if you choose, to be part of e-mail and other communications among PHB Private Networking Circle Organizers, Circle Members, and/or PHB Principles Mentors;
To help us improve the content and functionality of our Services;
To better understand your interests and to contact you in the future to tell you about services we believe will be of interest to you;
To conduct research on our users’ demographics, interests, and behaviors;
To respond to your questions and assist with any problems with our Services;
To process and fulfill the orders you place with us; and
For any other purpose disclosed to you at the time we collect the information, or otherwise with your consent.
Sharing of Information:
Promote Her Business is not in the business of selling your Personal Information. We consider your Personal Information and your other information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your information with certain third-parties without further notice to you, as set forth below:
- Directory. Anything you have listed in your profile — such as your name, profile picture, business information, geographic location, Private Networking Circle, etc — will be eventually displayed in the global Member Directory.
- Affiliates. We may share your information with our affiliates — companies that control, are controlled by, or are under common control with, Promote Her Business.
- Readers of your User Content. When you submit Blogs, Power Talk interviews, Healthy-Her Spotlight videos, or other User Content (as defined in our Terms and Conditions below) via our Services or otherwise to us, there could be information about you included in that User Content. For example, you may have revealed your name, age, location, or other biographical information in the context of telling a story about yourself. In that case, whenever we share your User Content with our other users, licensees, business partners, or other third parties in accordance with the rights you have granted to us regarding that User Content as described in the Terms of Service, we also share whatever Personal Information or other information you chose to include within that User Content.
- Business Partners. We also may share your information with our licensees, business partners, and other third parties, particularly in connection with any of your User Content in accordance with the rights you have granted to us pursuant to our Terms and Conditions below. For example, we may share your name, location, and biographical information that you chose to include within your User Content so that it may be published.
- Service Providers. We also may share your information with entities that provide services to us, including companies that provide web analytics, data processing, advertising, e-mail distribution, payment processing, order fulfillment, and other services. When we employ another entity to perform a function of this nature, we only provide them with the information they need to perform their specific function.
- Third Party Services. We also may share your information with the operators of Third-Party Services (as defined below) that are integrated with our Services in some way, as more fully explained in the sections below entitled “Integration with Social Networking and Other Services.”
- Other Parties When Required by Law or as Necessary to Protect Our Services. There may be instances when we disclose your information to other parties in order to:
- Protect and defend the legal rights of Promote Her Business, its affiliates, and users of our Services;
- Protect the safety and security of users of our Services;
- Prevent fraud (or for risk management purposes); or
- Comply with or respond to the law or legal process or a request for cooperation by a government entity.
- Other Parties in Connection With Certain Business Transactions. If we make a sale, donation, or transfer of assets, or are otherwise involved in a corporate merger, transfer, reorganization, dissolution or similar event, we may transfer your information to one or more third parties as part of that transaction.
PHB International Membership and PHB Private Networking Circles:
PHB International Membership is entirely virtual and focuses on Networking HER Way and learning the best practices in marketing/sales year-round by striving to master The 12 Secrets to Network HER Way, learning about The 12 Principles to Promote Her Business, peer mentoring each other, and building inspiring, win-win, profitable relationships in our global community.
A PHB Private Networking Circle is a group that meets either virtually or in-person to regularly learn, grow, collaborate and network together. If there is no Circle that fits your needs – or you just want to pick the ladies in your Circle – you can start one. You must be a PHB International Member to start or participate in PHB Private Networking Circle(s).
If you choose not to provide any Personal Information, you may not be able to use our Services.
If we send you marketing e-mails about Services that may interest you, each e-mail will contain instructions permitting you to “opt-out” of receiving future marketing or other communications.
Promote Her Business does not knowingly collect or store Personal Information about children under the age of 13. We encourage parents and legal guardians to monitor their children’s Internet usage and to instruct their children not to provide Personal Information on the Internet without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to Promote Her Business through our Services, please contact us and we will endeavor to delete that information from our databases.
Promote Her Business is based in the United States, and, regardless of where you use our Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Please note that any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.
Third-Party Functionality and Links to Third-Party Sites:
Our Services may contain links to other websites not operated or controlled by Promote Her Business. These links do not imply that Promote Her Business endorses or has reviewed the third-party websites. Any such websites are not under our control and we are not responsible for their privacy policies or practices. If you provide any Personal Information through any such third-party website, we recommend that you familiarize yourself with the privacy policies and practices of such third-party.
Integration with Social Networking and Other Services:
Our services may enable you to access Third-Party Services (like social networking services) directly or indirectly through our Services. By directly integrating these Third-Party Services, we aim to make your online experiences richer and more personalized. When you add a Third-Party Service account to our Services or log into our Services using your Third-Party Service account, we may collect relevant information necessary to enable our Services to access that Third-Party Service and your data contained within that Third-Party Service. We also may share your information with the operator of that Third-Party Service to facilitate or enhance the delivery of that Third-Party Service or other services to you.
You may also have the option of posting your activities on our Services and other content to Third-Party Services when you access content through our Services. For example, you may post to Facebook that you performed an activity on our Services. We also may publish user contributions through Third-Party Services, such as by posting a user story on our Facebook Page. If either you or we choose to make any of your contributions available through a Third-Party Service or engage in other activities in connection with a Third-Party Service, your friends, followers, and subscribers on those Third-Party Services that you have enabled will be able to view those contributions and activities.
Promote Her Business takes reasonable steps to protect the information provided via our Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. Please keep this in mind when disclosing any Personal Information or other information to Promote Her Business via in-person events, e-mail, or the Internet.
Please note that by deleting our cookies or disabling future cookies, you may not be able to use certain areas or features.
If you only wish to restrict third-party advertising cookies, you can disable such cookies by visiting Your Online Choices (http://www.youronlinechoices.com/).
FACEBOOK (VISITOR ACTION PIXEL)
We use the “visitor action pixels” from Facebook Inc (1 Hacker Way, Menlo Park, CA 94025, USA) on our website. This allows user behavior to be tracked after they have been redirected to the provider’s website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/settings?tab=ads.
INFORMATION ABOUT OUR FACEBOOK PAGE
When you visit our Facebook Pages, which we use to represent our company or individual products or services, some of your personal data will be processed. The sole controller responsible for the processing of personal data is Facebook (1 Hacker Way, Menlo Park, CA 94025, USA). Further information about the processing of personal data by Facebook can be found at https://www.facebook.com/privacy/explanation.
Processing of Page Insights
Facebook provides us with anonymized statistics and insights for our Facebook page, which help us to understand the types of actions that people take on our Page (so-called “Page Insights”). These Page Insights are created based on specific information about individuals who have visited our Page. This processing of personal data is carried out by Facebook and by us as joint controllers. The processing serves our legitimate interest to evaluate the types of actions being taken on our Page and to improve our Page based on these findings. We are in no case able to assign the information obtained via Page Insights to a specific Facebook profile using the “Like” data for our Page.
You may contact us at: firstname.lastname@example.org
Terms and Conditions of Services
Promote Her Business International LLC – hereafter known as “Promote Her Business”, “PHB,” “we,” “us,” or “our” — provides its services to you through its websites including those located at promoteherbusiness.com, and any future locations, (collectively our “Site”) and through other of our applications that link to these Terms of Service (“Terms”). We refer to our Site and other applications collectively as our “Services.”
These Terms govern your access to and use of our Services. The Terms are a legal contract between you and Promote Her Business, so it is important that you review them carefully before using our Services.
Your use of our Services indicates that you agree to follow and be bound by the Terms.
Access and Use of Our Services
Your Registration Obligations: You may be required to register with Promote Her Business in order to access and use certain features of our Services. If you register for our Services, you agree to provide to us and maintain true, accurate, current and complete information about yourself. If you are under 13 years old, you are not authorized to use our Services, with or without registering. If you are between 13 and 17 years old, you may use our Services, with or without registering, only with the approval of your parent or guardian.
Member Account, Password and Security: If you register for our Services, you are responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your password or account. You agree to immediately notify Promote Her Business of any unauthorized use of your password or account or any other breach of security.
Modifications to Services: Promote Her Business reserves the right to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You acknowledge that Promote Her Business reserves the right to terminate accounts that are inactive for an extended period of time.
Mobile Services: Our Services may include certain services that are available via a mobile device, including (i) the ability to upload content to our Services via a mobile device, (ii) the ability to browse our Services from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access our Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Promote Her Business and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Promote Her Business account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish, transmit (including by email), or display (collectively, “upload”) via our Services or otherwise upload to Promote Her Business site or social media groups. The following are examples of the kind of content and/or use that is illegal or prohibited by Promote Her Business. You agree to not use our Services to:
(a) upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, reflects animus towards any race, ethnicity, gender or sexual orientation, or is otherwise objectionable; or (vii) in the sole judgment of Promote Her Business, is objectionable or which restricts or inhibits any other person from using or enjoying our Services, or which may expose Promote Her Business or its users to any harm or liability of any type; (b) interfere with or disrupt our Services or servers or networks connected to our Services, or disobey any requirements, procedures, policies or regulations of networks connected to our Services; (c) violate any applicable local, state, national or international law, or any regulations having the force of law; (d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) solicit personal information from anyone under the age of 18; (f) harvest or collect email addresses or other contact information of other users from our Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; (h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through our Services.
Commercial Use: Our Services are for your personal and non-commercial use. Unless otherwise expressly authorized in these Terms or otherwise authorized in writing by us, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of our Services, use of our Services, or access to our Services, including in each case any content contained therein, other than your own User Content (as defined below) that you legally upload to our Services.
Promote Her Business reserves the right to investigate and take appropriate legal action against anyone who, in Promote Her Business’ sole discretion, violates these Terms, including without limitation, removing the offending content from our Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
Intellectual Property Rights
Services Content, Software and Trademarks: You acknowledge and agree that our Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Promote Her Business, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our Services or any Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to our Services. You may not access our Services through robots, scraping tools or similar data-gathering or extraction methods.
The technology and software underlying our Services or distributed in connection with them is the property of Promote Her Business, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Promote Her Business.
The Promote Her Business™ International name and logos – including Network HER Way™, Do Business HER Way™, The 12 Secrets to Network HER Way™, The 12 Principles to Promote Her Business™, PHB Virtual Speed Networking™, PHB Wild Card Networking™, PHB 12 Principles Mastermind™, PHB 12 Principles Learning Lab™, PHB Round-Table Networking™, PHB Monthly Networking Plan™, PHB Monthly Networking Plan Zoom™, PHB Global Networking Circle™, Healthy-Her™, PHB Power Talk Interviews™, NetWalking™, Promotion Partners™, PHB Private Networking Circle™ names and logos, High Powered Connectors™ program, FATE formula™ — are trademarks and service marks of Promote Her Business (collectively the “Promote Her Business Trademarks”). Other company, product, and service names and logos used and displayed via our Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Promote Her Business. Nothing in these Terms or our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Promote Her Business Trademarks displayed through our Services, without our prior written permission in each instance. All goodwill generated from the use of Promote Her Business Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Promote Her Business be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Promote Her Business does not have a duty to pre-screen content, but that Promote Her Business and its designees will have the right in their sole discretion to refuse or remove any content that is available via our Services. This includes the right to remove any content that violates these Terms or is deemed by Promote Her Business, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through Our Services: With respect to the stories, images, documents, or other content or materials you upload through our Services or share with other users or recipients through our Services (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights, trademarks, and rights of publicity contained therein. Promote Her Business does not claim ownership rights in User Content: when you upload User Content to our Services, you continue to have any ownership rights you may have in that User Content, subject to the limited license in this paragraph. By uploading any User Content, you hereby grant and will grant Promote Her Business and its affiliates a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, create derivative works from, translate, and otherwise use your User Content in connection with the operation of our Services or the promotion, advertising, or marketing thereof, in any form, medium, or technology now known or later developed, including publication and use on Facebook, any other Third Party Service, on any affiliate or partner service, and in syndication.
Photo/Video Release: You further give permission for images of yourself, captured during PHB International Membership and/or PHB Private Networking Circle events through video, photo and digital camera, to be used solely for the purposes of PHB’s promotional material and publications, and waive any rights of compensation/ownership thereto.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information about our Services (“Feedback”), provided by you to Promote Her Business is non-confidential, and Promote Her Business will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Promote Her Business may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Promote Her Business, its users and the public. You understand that the technical processing and transmission of our Services, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Promote Her Business respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, on our Site or otherwise within our Services, you should notify Promote Her Business of your infringement claim in accordance with the procedure set forth below.
Promote Her Business will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Promote Her Business (Subject line: “DMCA Takedown Request”) at email@example.com. You may also contact us by mail at:
Promote Her Business International, 5205 Prospect Rd #135-380 San Jose, CA 95129
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Site or otherwise within our Services, with enough detail that we may find it on our Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Promote Her Business, Promote Her Business will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Promote Her Business has adopted a policy of terminating, in appropriate circumstances and at Promote her Business’ sole discretion, users who are deemed to be repeat infringers. Promote Her Business may also at its sole discretion limit access to our Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Our Services may provide, or third-parties may provide, links or other access to other sites and resources on the Internet. Promote Her Business has no control over such sites and resources and Promote her Business is not responsible for and does not endorse such sites and resources.
Social Networking and Other Third-Party Services
In addition, Promote Her Business is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Third-Party Services. As such, Promote Her Business is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third-Party Services. Promote Her Business enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Special Notice for International Use; Export Controls: Any software available in connection with our Services and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded as part of our Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of our Services, including as it concerns online conduct and acceptable content.
Indemnity and Release
You agree to release, indemnify, and hold harmless Promote Her Business, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of our Services, any User Content, your connection to our Services, your violation of these Terms, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROMOTE HER BUSINESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PROMOTE HER BUSINESS MAKES NO WARRANTY THAT (I) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROMOTE HER BUSINESS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES OR ANY USER CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR USER CONTENT. IN NO EVENT WILL PROMOTE HER BUSINESS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PROMOTE HER BUSINESS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US$100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
At Promote Her Business’ or your election, all disputes, claims, or controversies arising out of or relating to these Terms or our Service that are not resolved by mutual agreement may be resolved by binding arbitration conducted by a Dispute Resolution provider of Promote Her Business’ choice. Unless otherwise agreed by the parties, arbitration will be held in either Santa Clara or San Francisco county, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by the Dispute Resolution provider, and will be conducted in accordance with the rules and regulations promulgated by the dispute resolution provider unless specifically modified in these Terms. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Promote Her Business may terminate these Terms for any reason at any time. Promote Her Business reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of our Services, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination.
These Terms constitute the entire agreement between you and Promote Her Business and govern your use of our Services, superseding any prior agreements between you and Promote Her Business with respect to our Services. These Terms will be governed by the laws of the State of California without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and Promote Her Business agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California.
The failure of Promote Her Business to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Promote Her Business may assign or transfer this Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. We may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on our Site.
Changes to the Terms
We reserve the right, at our sole discretion, to change the Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will notify you of material changes, either through our Services, in an email notification or through other reasonable means. Your continued use of our Services after the date any such changes become effective constitutes your acceptance of the new Terms.
Please note that when using certain services, you will be subject to any additional terms applicable to such services that may be posted on our Site or otherwise made available through our Services from time to time.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms or with questions regarding the Terms or our Services.