Date of last revision: Feb 2, 2023
PLEASE READ THE SECTION ENTITLED “DISPUTE RESOLUTION” CAREFULLY! THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT IN THE SECTION ENTITLED “DISPUTE RESOLUTION” WHICH LIMITS OR MAY OTHERWISE AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIM AGAINST IFUNDWOMEN. IF YOU DO NOT WISH TO WAIVE RIGHTS AND SUBMIT TO ARBITRATION, YOU MUST CONTACT US WITHIN THIRTY (30) DAYS OF FIRST USING THE SERVICES AND INFORM US THAT YOU OPT-OUT OF SUCH CLASS ACTION WAIVER AND/OR ARBITRATION RIGHT.
- “Campaigns” means any crowdfunding campaign created by a Customer using the Service.
- “Customer” means a customer of IFundWomen who uses our Services and may engage with an In-App Vendor.
- “Funder” means an individual who has contributed to a crowdfunding campaign.
- “IFundWomen Account” means a customer account created by a user.customer.
- “In-App Vendor” means a vendor, service provider, freelancer, expert, or other authorized third- party that has entered into the In-App Vendor Marketplace Agreement and who is selling their products and/or services to a Customer through the use of the Service.
- “User” means any user of the Service, including applicable Customers, In-App Vendors, and any Funder.
- “Vendor Profile” means an In-App Vendor profile, created by IFundWomen, as detailed in the IFundWomen In-App Vendor Marketplace Agreement
- You must be 18 years old or over to create an account on IFundWomen. Users between the ages of 13 and 17 can use the services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian agrees to be bound by this Agreement, and agrees to be responsible for such use of our site and services.
- You must be 18 years old or over to apply to, and create, a Vendor Profile on IFundWomen.
- Although browsing our website is an option without registering for an account, you will need to register an account with a username, password, and email address to be associated with an account/to validate an account, to access some of our site functions. You are at all times responsible for your account and all of the activity on it. You also are responsible for keeping your password confidential. If you discover that your account has been used by someone without your permission, you should immediately report it to [email protected].
Subject to your continued compliance with this Agreement, IFundWomen grants each applicable User a limited, non-exclusive, non-transferable, revocable license (permission) to use the Service subject to each User’s eligibility and continued compliance with this Agreement.
The rights granted to you in this Agreement are subject to the following restrictions:(a) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (b) you shall not access the Service in order to build a similar or competitive website, product, or service; and (c) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Service shall be subject to this Agreement.
The Service offers a platform for you as a Customer, as applicable, to create Campaigns and seek Funders. You agree that the following applies to Campaigns and related contributions of Funders with respect to a given Campaign:
Campaigns must be submitted for approval to IFundWomen through the site by any person 18 years or older with a verified/registered account on the site, and of any gender – we do not discriminate. A Campaign will not be denied upon submission through our Service for approval based on a respective Customer that does not identify their gender as a woman – denials of approval of any Campaign, if any, will be based on non-discriminatory factors, and we reserve the right to communicate or not communicate with respective Customer the reason for any denial of those non-discriminatory factors.
Notwithstanding the foregoing, we created IFundWomen as a Campaign listing technology service to provide the technological tools to enhance community and support of women-led businesses seeking funds, which according to documented statistics, tend to receive substantially (if not drastically) less funding than male-led ventures under traditional venture capital fundraising circumstances.
Customers that create a Campaign are solely responsible for fulfilling promises made in their Campaign to Funders. When a Campaign is completed, the Customer must fulfill any promises made to such Funder. Once a creator has done so, they’ve satisfied their obligation to their Funders.
If a Customer is unable to fulfill their obligations promised to a Funder, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the promised reward to the best possible conclusion for Funders.
Once a contribution is made, the charge to the Funder is non-refundable via IFundWomen, however, the Customer reserves the right to refund the money directly back to respective Funders, through a different payment mechanism that does not reside on the IFundWomen website.
We will charge our fees before putting the funds in your account for any successfully completed contribution.
You agree, accept, and acknowledge that some financial contributions from Funders can’t be collected and may reduce the amount of funding you get. For example – when a Funder’s credit card expires before funding ends, and they don’t provide updated information – we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.
If you are a Customer creating a Campaign, you agree to the following:
- Campaigns on IFundWomen may not be created for illegal activities, to cause harm to people or property, or to scam others. It is the sole responsibility and exclusive liability of the Customer to comply with all applicable laws and regulations in connection with their Campaigns, and not to make any false or misleading statements in connection with their Campaign.
- The following cannot be provided by Customer to any Funder or other third party as a promise, consideration or other benefit for contributing to a Campaign:
any form of “security” as defined in the Securities Act of 1933
any form of financial incentive or participation in any profit-sharing
any alcoholic consumer products
any controlled substance or drug paraphernalia
any weapons, ammunition and related accessories
any form of lottery or gambling
any form of air transportation
any items or services promoting hate, discrimination, death, personal injury, destruction to person or property; any items or services that are prohibited by applicable law to do, possess, or distribute; any items or services that would result in infringement or violation of another person’s rights if distributed.
Campaign Funders, are solely and exclusively responsible for asking questions and investigating Campaigns of any respective Customer that it is considering contributing to or otherwise backing. Any contribution is made completely voluntarily by the Funder and at the Funder’s sole discretion, and IFundWomen shall not be responsible in any way for the Campaign that a Funder contributes to.
IFundWomen does not guarantee to any User that a Customer that creates a Campaign will use any funds received from funders as they may have promised in their Campaign; that Customer that created the Campaign will timely deliver promised compensation or other benefits; or those Customers that created the Campaign will give any promised compensation or other benefits at all. We also do not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality, or legality of any Campaign, related Customer, or Campaign compensation or other benefit promised by a Customer of our Service.
IFundWomen provides capabilities for flexible funding which means your credit card will be charged immediately for the pledge, and the respective Customer will receive their funds, less fees, on a weekly or monthly basis, pending the Campaign settings that IFundWomen assigns to the respective Customer or the Campaign settings that the respective Customer sets for themselves through the payment processors, Stripe and/or PayPal. IFundWomen gives Funders the option to leave a tip. Tips allow IFundWomen to continue to provide free, expert crowdfunding coaching to ensure that respective Customer have the best chance of success. Tips are totally optional, and are non-refundable. If you decide to leave a tip, your funder receipt will show you a breakdown of your project contribution and tip amount. On your statement, this will either show up as a single combined charge or as two separate charges.
Estimated delivery dates of rewards set by Customer that creates a Campaign are the estimate of the respective Customer and not of IFundWomen. The respective Customers may need to email you questions to provide you any promised consideration or other benefit, including information like you your mailing address or t-shirt size. By contributing to a Campaign, you are opting into email communications from IFundWomen, and the Customer of the respective Campaign.
- IFundWomen is under no obligation to become involved in disputes between Customers and Funders. IFundWomen is merely a technology provider. Funders voluntarily decide at their own risk to accept the fundraising terms and conditions of any Customer that created a Campaign through our Service as a contract that we are not a party to. Customers that create Campaigns are legally bound to perform on any promises and commitments that are entered into with Funders.
- Notwithstanding the foregoing, Customers that created Campaigns independently seeking to resolve any dispute with a Funder can consider any lawful resolution including but not limited to the issuance of a refund to any funder they are in dispute with. In the event of any dispute, such as a Customer’s failure to fulfill a commitment, we may provide the respective Customer’s contact information so that the dispute may be resolved, but we are under no obligation whatsoever to do so.
- IFundWomen is not liable for any loss on the site & not responsible for monitoring any Campaign. We don’t monitor Campaign progress or outcome to ensure that funders have had their contributions properly used by a Customer that created a Campaign, and/or that rewards to Funders are timely delivered/shipped, or delivered at all.
- In using our Service, you release IFundWomen from claims, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes between Users.
IFundWomen is not liable for any loss on the site & not responsible for monitoring any campaign
- You expressly agree and understand that IFundWomen is not liable for damages or losses related to your use of the site and services. We don’t monitor Campaign progress or outcome to ensure that funders have had their contributions properly used by Campaign Owners, and/or that rewards to Funders/Backers are timely delivered/shipped, or delivered at all.
- In using our services and site, you release IFundWomen from claims, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and the services. All of the content you access through the site and service is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
It’s free for Customers and Funders to create an account on IFundWomen. When someone pledges money to your Campaign, we (and our payment partner(s)) collect fees. Our fees may vary based on your location. Customers that create Campaigns will have an opportunity to review and accept our fees before starting their Campaigns. Once a Customer start their respective Campaign, such Customer agrees to the fees. Fees are charged in real-real time for “flexible funding” Campaigns.
Our standard crowdfunding fee charge is 5% in addition to any fees from our payment processors and in addition to any optional service fees (like video production or private coaching) that the Customer that created the Campaign may sign up for. Each payment provider is its own company, and IFundWomen is not responsible for its performance. Typically, payment processor fees are between 3-5%, but that can vary, and IFundWomen is not responsible for payment processor fees. By accessing our third-party payment providers, you do so at your own risk – when you back or create a Campaign, you’re also agreeing to the payment processor’s terms of service, and any of their additional fees.
Typically, payment processor fees are between 3-5%, but that can vary and IFundWomen is not responsible for payment processor fees. By using a payment processor, you do so at your own risk - when you purchase a service from an In-App Vendor you’re also agreeing to the payment processor’s terms of service, and any of their additional fees by such payment processor that may be incurred through such purchase.
The Customer of an applicable Campaign is responsible for any taxes associated with receipt of any income fundraised through IFundWomen. Customers that create a Campaign are also responsible for communicating any tax concerns relevant to the Funders of their Campaign, whether through the Service or otherwise.
In-App Vendors are responsible for any taxes associated with receipt of any income received through IFundWomen. In-App Vendors are also responsible for communicating any tax concerns relevant to Customers they have entered into agreements with.
You can delete/terminate your account at any time, however, it may not make the content you’ve posted go away. The terms and conditions of this Agreement survive any termination, including our rights regarding any content you’ve submitted. If you’ve created a Campaign, deleting your account may not remove the Campaign from our database, but it should not show visibly on our website. If you would like to delete your account, please email [email protected].
We reserve the right to decline our services to any User for any reason and without explanation based upon findings in validating the User’s profile. We further reserve the right in our sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the site at any time, for any or no reason, with or without prior notice or explanation, and without liability.
We expressly reserve the right to remove your profile and/or other information and/or deny, restrict, suspend, or terminate your access to all or any part of the site if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to the site and/or its other users. If you do not agree to abide by these or any future terms under this Agreement, do not use or access (or continue to use or access) this site
- In-App Vendors and Customers may upload certain content related to their use of the Service, including but not limited to post photos, videos, text, graphics, logos, artwork or other audio/visual materials (collectively “User Generated Content”). In the context of Customers, this may related to an applicable Campaign; and with respect to In-App Vendors, such content may relate to its products and services. IFundWomen doesn’t own User Generated Content that a User submits to us through the Service.
- If you submit User-GeneratedUser Generated Content to the Service, you hereby grant IFundWomen a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute the User-Generated Content with or in connection with the Service and our related marketing and promotional activities. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User-GeneratedUser Generated Content. We also have the right to make changes/edits/modifications to your User Generated Content. You warrant that your User Generated Content does 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 all the material, or you are otherwise legally entitled to post the material.
- You may not represent or imply to others that your User-Generated Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Generated Content, you may expose yourself to liability if, for example, your User Generated Content violates the Acceptable Use Policy provided above. IFundWomen is not obligated to backup any User Generated Content, and your User Generated Content may be deleted from the Service at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Generated Content if you desire.
IFundWomen’s Service, including the Site and content contained therein by IFundWomen and its licensors are legally protected in various copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all copyright, trademark, and other legal notices, information, and restrictions contained in any content accessed through the Service. You also agree not to change, translate or otherwise create derivative works of the Service. If you want to use, reproduce, modify, distribute, or store any of our content for a commercial purpose, you need prior written permission from IFundWomen. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials on IFundWomen infringe your copyright, you (or your agent) may send us a notice to our designated Agent requesting that the material be removed, or access to it blocked. to:
Attention: IFundWomen Copyright Agent
41 Watchung Plaza, #524
Montclair, NJ 07042
The notice must include the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow IFundWomen to locate the material on the Site;
the name, address, telephone number, and email address (if available) of the complaining party;
a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Additionally, if you believe in good faith that a notice of copyright infringement has been wrongly filed by IFundWomen against you, the DMCA permits you to send IFundWomen a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
We reserve the right to delete or disable content alleged to be infringing, and to terminate repeat infringers at our sole discretion
You agree to indemnify IFundWomen (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations or (d) your User Generated Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
IFundWomen (including its affiliates, directors, officers, employees, agents, subcontractors, or licensors) makes no warranties, guarantees, or promises as to the quality, safety or legality of any User Generated Content; or to any specific results from the use of the site or service on the site; and in no event will be liable to you or any third party for any indirect, punitive, incidental, special, consequential, or exemplary damages, or, in any event, for damages exceeding the lesser of one hundred US Dollars ($100.00) or the fees paid to IFundWomen in the preceding three (3) months from when the cause of action arose. This limitation on liability applies whether the liability is based on contract, tort, negligence, strict liability, or any other basis, even if IFundWomen has been advised of the possibility of such damage and to the fullest extent permitted by law in the applicable jurisdiction. For jurisdictions that do not allow IFundWomen to limit its liability, then our liability is limited to the smallest extent possible by law.
IFUNDWOMEN DOES NOT WARRANT THAT SERVICE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED OR THAT SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IFUNDWOMEN CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES OF THE SERVICE WHICH HAVE BEEN DESIGNATED AS AUTHORIZED FOR AND AVAILABLE FOR DOWNLOADING FROM THE SERVICE WILL BE FREE OF VIRUSES, TROJAN HORSES, OR OTHER CODE THAT MAY CAUSE DAMAGE OR HARM TO YOUR COMPUTER(S) OR NETWORK(S). IFUNDWOMEN FURTHER DISCLAIMS ANY RESPONSIBILITY TO ENSURE THAT THE CONTENT AVAILABLE AS PART OF THE SERVICE IS NECESSARILY COMPLETE AND UP-TO-DATE. YOU ACKNOWLEDGE THAT THE CONTENT AVAILABLE THROUGH THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND IFUNDWOMEN MAY MAKE CHANGES OR IMPROVEMENTS TO ANY ASPECT OF THE SERVICE, INCLUDING CONTENT THEREIN, AT ANY TIME.
The terms and any rights and licenses granted under this Agreement may not be transferred or assigned by any User, but may be assigned by IFundWomen without restriction or consent.
Users agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the US export Administration Act (“Export Laws”), each user states that such user is (1) not a citizen, or otherwise located within an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan, and certain specially designated nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the export laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental agency if a Campaign is deemed to be in violation of export laws.
We are always pleased to hear feedback from Users, however, please be advised that ideas for our business and service that are voluntarily submitted by users are considered non-confidential and non-proprietary; will be treated as non-confidential and non-proprietary; that IFundWomen and its Users have no express or impede obligation of any kind concerning the submission; that IFundWomen and its Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, without compensation to the user that submitted that submission.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other User of the Service.
- This Agreement is governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to its principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act, or the United Nations Convention of Controls for International Sale of Goods.
- You agree that IFundWomen is deemed a passive website that does not give rise to jurisdiction over IFundWomen or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders (“et al”), either specific or general, in any jurisdiction other than New Jersey. You expressly waive the right to seek an equitable remedies/special damages/injunction against IFundWomen et al, as well as a waiver to seek any punitive or consequential damages.
- You expressly agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court in New Jersey if the user’s claim qualifies for adjudication in that court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to arbitrate.
- To the maximum extent permitted by law, the parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under a class, collective, consolidated, or representative action.
- Any arbitration will be conducted by the American Arbitration Association (AAA) under the rules applicable to the claim asserted (http://www.adr.org) If for any reason a claim proceeds in court rather than or after arbitration, the dispute shall exclusively be brought and heard In a court of competent jurisdiction in the State of New Jersey. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the non-prevailing party all of its reasonable attorney’s fees and costs.
IFundWomen Inc. acts as a referral agent (“Referral Agent”) with our partners, ACAP GP, NEWITY LLC, and The Loan Source Inc., (each a “Lender” and collectively “Lenders”). Respective referral programs with such applicable lenders are subject to the terms and conditions as applicable below herein. IFundWomen is not a loan provider, servicer, or manager. IFundWomen does not hold any information on borrower details, borrower eligibility, loan status, or other sensitive account information.
- PPP Referral Program: For the IFundWomen PPP Referral Program (“PPP Program”) ACAP GP and The Loan Source Inc. are Lenders. In the event the government enacts additional legislation: (i) to further fund the Paycheck Protection Program (“PPP”), and/or (ii) to authorize additional government-funded economic stimulus program loans (collectively, the “Referred PPP Loans”), IFundWomen as the Referral Agent refer borrowers to Lender seeking Referred PPP Loans.
IFundWomen hereby acknowledges and agrees that: (i) Lender shall have the right to extend loans under the standard SBA 7(a) or 504 loan programs (the “Additional Loans”) to any Borrower of Referred PPP Loans, and (ii) any such loan may be subject to a referral fee.
By participating in the PPP Program (i.e. creating an ACAP account), you agree to receive emails regarding event invites, funding opportunities, and the occasional promotional material IFundWomen.
Read more about ACAP GP + The Loan Source Terms and Conditions here.
- 7(A) Working Capital Loans Program: For the IFUND 7(A) Working Capital Loans Program, NEWITY is the Lender. In the event the government enacts additional legislation: (i) to further fund 7(A) Working Capital Loans (“7(A)”), and/or (ii) to authorize additional government-funded economic stimulus program loans (collectively, the “Working Capital Loan”), IFundWomen as the Referral Agent refer borrowers to the respective Lender seeking Referred 7(A) Working Capital Loans.
IFundWomen hereby acknowledges and agrees that: (i) Lender shall have the right to extend loans under the standard SBA 7(a) or 504 loan programs (the “Additional Loans”) to any Borrower of Referred 7(A) Working Capital Loans, and (ii) any such loan may be subject to a referral fee.
By participating in the 7(A) Program (i.e. creating a NEWITY account), you agree to receive emails regarding event invites, funding opportunities, and the occasional promotional material IFundWomen.
Read more about NEWITY Terms and Conditions here.
All In-App Vendors are subject to our authorization and must agree to our standard In-App Vendor Marketplace Agreement or other terms mutually agreed to between the In-App Vendor and us. Unless expressly stated therein, nothing in the In-App Vendor Marketplace Agreement shall supersede any rights or obligations provided in this Agreement.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Arbitration. In consideration for our provision of the Services to you, you and IFundWomen each agree that any and all disputes or claims arising under, out of, in connection with, or related to your use of the Services, this Agreement in any fashion, or the subject matter, negotiation, performance, termination, interpretation, or formation of the agreement resulting from your acceptance of this Agreement, (a “Dispute”) must be resolved exclusively in binding arbitration. However, a party may assert a claim in small claims court, if the asserted claim qualifies and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement, including the right to arbitrate, is intended to be broadly interpreted and the Federal Arbitration Act governs the enforcement of this Agreement to arbitrate.
For any dispute with IFundWomen, you agree first to contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that we do not resolve a dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures and shall be conducted in Newark, New Jersey, and governed under New Jersey law without regards to its conflict of law principles. unless otherwise agreed to in writing by the Parties. Each Party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either Party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that Party’s data security, intellectual property rights, or other proprietary rights.
No Class Action; No Jury Trial. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS AGREEMENT. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Users are encouraged to message other Users within the IFundWomen platform, including In-App Vendors whom a User desires to purchase service(s) from. Users are prohibited from sending other users spam or messages for purposes other than to inquire about a service(s) and engage in good faith and good-natured communications. IFundWomen is not a marketplace venue for disrespect, trolling, profanity, meanness, harassment, spam, abuse, or hatred. This applies across all IFundWomen-associated channels, such as but not limited to: IFundWomen’s Slack community, IFundWomen’s messaging / inbox, IFundWomen’s social channels.
IFundWomen shall have the right to monitor and/or record your communications when you use the Service, and you acknowledge and agree that when you use the Service, you have no expectation that your communications will be private. IFundWomen shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other IFundWomen agreement or policy; (c) to protect IFundWomen’s legal rights and remedies; (d) to protect the health or safety of anyone that IFundWomen believes may be threatened; or (e) to report a crime or other offensive behavior.
We firmly believe that the internet should be available and accessible to anyone, and are committed to providing a website that is accessible to the widest possible audience, regardless of circumstance and ability.
To fulfill this, we aim to adhere as strictly as possible to the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines 2.1 (WCAG 2.1) at the AA level. These guidelines explain how to make web content accessible to people with a wide array of disabilities. Complying with those guidelines helps us ensure that the website is accessible to all people: blind people, people with motor impairments, visual impairments, cognitive disabilities, and more.
- We are not responsible for any incorrect or inaccurate User Generated Content or any other third party content submitted to the Website, whether made or caused by Users, Members, potential employers, corporate partners or by any of the software, equipment or programming associated with or utilized in the operation of the site.
- WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING BUT NOT LIMITED TO COPYRIGHT OR TRADEMARK INFRINGEMENT, PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S USE OF THE WEBSITE, ANY CONTENT SUBMITTED TO THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
- We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Service, any member or any other person related to or resulting from use of the Service, viewing, playing or downloading any materials on or from the Service. The Service is provided “AS IS” and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Service. No advice or information, whether oral or written, obtained by you from us or from or through the Service shall create any warranty not expressly stated herein.
All terms of this Agreement shall be executed in good faith. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect. This Agreement contains the entire understanding of the parties hereto relating to the subject matter and, unless expressly stated otherwise in a, supersedes all other communications and proposals (whether oral, written, or electronic) between you and IFundWomen. The failure of either you or IFundWomen to assert any right or provision under this Agreement shall not constitute a waiver of any kind. IFundWomen has the right to assign, transfer, or delegate any of its rights or obligations under this Agreement without your consent.
Our Service allows for different Users, including Customers, In-App Vendors, and Funders.
Customers that create crowdfunding Campaigns owners. When a Customer creates their crowdfunding campaign on IFundWomen, they are inviting others to make a contract with them (i.e., Funders). Any Funder who backs a Campaign posted by a Customer through our Service accepts the Customer’s contract for such Campaign. IFundWomen is not a part of that third party contract between a Customer and respective Funders for any Campaign. IFundWomen makes no representation about the safety, legality, quality, or morality of any Campaign or reward, or contribution or the truth or accuracy of any User Generated Content posted through the Service. We also expressly do not represent that respective Customer related to a Campaign will deliver any benefits promised for funding or otherwise contributing to an applicable Campaign; deliver any benefits timely; or that financial backings of any Campaigns will be used by the Customers as represented by them during a Campaign. We are only the marketplace venue for Customers that have created Campaigns to present their fundraising Campaign(s). Users back Campaigns at their own risk.
In-App Vendors. In-App Vendors provide their own products and services independent of IFundWomen, and the Service offered is a technology platform that connects Customers to such In-App Vendors. IFundWomen is not a party to any contract between a Customer and any respective In-App Vendor for In-App Vendor’s products or services. IFundWomen fully disclaims and makes no representation about the legality, quality, truth, or accuracy which an In-App Vendor may offer and/or deliver with respect to its respective products and/or services. It is wholly the responsibility of the Customer to educate themselves prior to purchasing from a given In-App Vendor.
You agree not to use the Service to collect, upload, transmit, display, or distribute any User Generated Content (as defined below) (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual-property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;(iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other User’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service.