TERMS AND CONDITIONS OF USE
You agree that by clicking “Join Now”, “Join WIN”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with WIN (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract (agreement), at any time you can do so by closing your account and no longer accessing or using our Services.
The word Services, for the purposes of this Contract/Agreement/Terms and Conditions of Use, includes every WIN and WIN-related offering, project, activity, process, system, event, campaign; everything anyone can “do” in association with the Women’s Information Network, Inc., and/or any of its affiliate entities, such as WIN WIN Women, etc.
This Contract applies to WIN.com, WINWINWomen.com, WIN-branded pages, and any and all other WIN-related sites, applications, communications and other services that state that they are offered under this Contract/Agreement (“Services”), including the offsite collection of data for those Services, such as our ads. Registered users of our Services are “Members” and unregistered users are “Visitors”.
We use the term “Designated Countries” to refer to countries we do not do business in. Iran, North Korea, Syria, Sudan, Cuba, Venezuela, Crimea, Russia, Balkans, Belarus, Central African Republic, Congo, Iraq, Lebanon, Liberia, Somalia, Yemen and Zimbabwe (US Embargoed Countries).
1.2 Members and Visitors
When you register and join the WIN Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
2.1 Service Eligibility
Here are some promises that you make to us in this Contract:
You are eligible to enter into this Contract and you are at least our “Minimum Age.” The Services are not for use by anyone under the age of 18.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you are not already restricted by WIN from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
“Minimum Age” means 18 years old. However, if law requires that you must be older for WIN to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
You certify that you are authorized to enter this Agreement on behalf of the individual or organization you identified in your account profile.
2.2 Your Account
You agree you will keep your password a secret.
You agree you will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and the Professional Community Policies (2.2.1). You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you.
2.2.1 Professional Community Policies
A core value at WIN is to put the happiness of WIN Members and Visitors first. These Professional Community Policies ensure that the conversations taking place each day on our services help WIN Members and Visitors be more productive and successful. These policies, which we continue to develop, provide guidance and rules for the use of WIN Services.
We ask every WIN Member and Visitor to act responsibly. If you see something that you believe may violate our policies, please report it to us by emailing info@WomensInformationNetwork.com. This includes whether it appears in profiles, posts, comments, conversations, or anywhere else.
A violation of these policies may result in us taking enforcement actions. Depending on the severity of the violation and a member’s behavior or account history, we may limit the visibility of certain content, remove content from our platform, or even restrict a Member’s account in the event of severe or repeated offenses. If you believe action taken on your content or your account was in error, you can contact info@WomensInformationNetwork.com. Thank you for using WIN. Together we can keep our platform a safe, trusted and professional place where we can create economic opportunity for everyone.
Be trustworthy. Our members must be real people who provide their real names and accurate information about themselves. We don’t allow fake profiles on our platform and it’s not acceptable to provide misleading or deceptive information about yourself, your qualifications, work experience, affiliations, or achievements.
This includes a clear no-tolerance policy for harassment on WIN, in any form: unkind words, unwanted romantic advancements, hate speech or bullying. We use a combination of technical and human measures to detect harmful content and when we find it, there will be consequences for the negative behavior. We encourage you to report it.
Be professional. We acknowledge the value of discussions around professional activities and ask our members to behave professionally. When creating content, we ask that you keep it professional, relevant, and on-topic. Do not share false information or use the services to shock or intimidate others. And it is not acceptable to share degrading, graphic, obscene, or pornographic content on the services.
Be safe. We strive to maintain a civil and friendly community for our members. The Services should not be used to harm others or their careers or business prospects or to air personal grievances and disputes. It is not acceptable to harass, abuse, or send other unwelcome communications to people (e.g., romantic advances, sexually explicit content, junk mail, spam, chain letters, phishing schemes). We do not allow hate speech, hate groups, terrorists, or those who engage in violent crimes on the services.
Respect others' rights and follow the law. Before sharing or using someone’s copyrighted works, trademarks, private information, or trade secrets, make sure you have the approval and legal right to do so. You specifically agree not to share any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. The Services should not be used for illegal activities, promoting illegal products, or violating the rights of others. Do not use the Services to commit fraud or to try to trick others. Also, do not use the Services to intentionally distribute viruses, worms, or other software that can destroy or interrupt others' data or computer devices. You will be held legally liable for any illegal activity in which you engage while using the Services.
Respect WIN's rights. Do not violate the rights of WIN. It is not okay to suggest that you are affiliated with or endorsed by WIN when you are not. Do not violate our intellectual property rights, scrape the services, or interfere with or disrupt the services.
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that violate the Professional Community Policies, any laws, or the rights of others.
You will honor your payment obligations to WIN, and you agree to allow WIN to store your payment information. All payments are in USD.
Refunds are subject to our policy.
If you purchase any of our paid Services, you agree to pay the applicable fees, and you agree to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- WIN may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services, and to use for payment of other Services you may use.
- If you purchase a subscription as a Member of WIN, your payment method automatically will be charged at the start of each subscription period for the fees applicable to that period.
All of your purchases of Services are subject to WIN’s refund policy (2.3.1).
2.3.1 Refund Policy
You have 3 days (or whatever the “cooling off period” is for your state, province, country, etc. is) from the day your account was activated to receive a full refund. To request a refund, send an email to info@WomensInformationNetwork.com with Subject Line “Refund Request.”
2.4 Notices and Messages
You agree that we can provide notices and messages to you through our websites, apps, and contact information. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information current.
3. Rights and Limits
3.1. Your License to WIN
You own all the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it. As between you and WIN, you own the content and information that you submit or post to the Services, and you are only granting WIN and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can terminate this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
By submitting suggestions or other feedback regarding our Services, you agree that WIN can use and share (but does not have to) such feedback for any purpose without compensation to you. You promise to only provide information and content that you have the right to share, and that your WIN profile is truthful.
You agree to only provide content or information that neither violates the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information is truthful. WIN may be required by law to remove certain information
3.2 Service Availability
We may change, suspend or discontinue any of our Services, at any time. We may modify our prices after giving 14 days’ notice to WIN Members.
3.3 Other Content, Sites and Apps
Your use of others’ content and information posted on our Services is at your own risk.
Others may offer their own products and services through our Services, and we are not responsible for those third-party activities or offerings.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. WIN does not always review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. WIN cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers learn about you and/or your organization. Members have choices relative to whom they do and do not connect with and WIN has no obligation to force anyone to connect or not connect with you or/and your organization.
WIN may help connect Members who offer their services (career coaching, accounting, etc.) with Members seeking Services. WIN does not perform nor employ individuals to perform these Services. You must be at least 18 years of age to offer, perform or procure these Services. You acknowledge that WIN does not supervise, direct, control or monitor Members in the performance of these Services and you agree that (1) WIN is not responsible for the offering, performance or procurement of these Services, (2) WIN does not endorse any particular Member’s offered Services, and (3) nothing shall create an employment, agency, or joint venture relationship between WIN and any Member who is offering Services.
If you are a Member offering Services, you represent and warrant that you have all the required licenses and will provide services consistent with our Professional Community Policies.
Similarly, WIN may help you register for and/ or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) WIN is not responsible for the conduct of any of the Members or other attendees at such events, (2) WIN does not endorse any particular event listed on our Services, (3) WIN does not review and/or vet any of these events, and (4) you will adhere to these terms and conditions that apply to such events.
We have the right to limit how you connect and interact on our Services. WIN reserves the right to limit your use of the Services, including your capacity/permission to contact other Members and/or WIN Thought Leaders. WIN reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law, or if you misuse the Services (e.g., violating any of the Professional Community Policies).
WIN neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. WIN does not always pre-screen, police or monitor comments posted on the Site, or on WIN Social Media pages. We and our agents and WIN team members reserve the right to remove any and all postings that we believe do not comply with these terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
3.5 Intellectual Property Rights
WIN reserves all its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. WIN, and “in” logos and other WIN trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of WIN.
3.6 Automated Processing
We use data and information about you to make relevant suggestions to you and others.
We use the information and data provided by WIN Members and Site Visitors to make recommendations for connections, collaborations, content, features, and more, that may be useful to you. Keeping profiles accurate helps WIN make these recommendations, etc. with more accuracy and relevance.
4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
WIN AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WIN AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
These are the WIN limits of legal liability:
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS WIN HAS ENTERED
INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), WIN, WIN WOMEN, WOMEN of EXCELLENCE, WOMEN of FAITH, INCLUDING ALL WIN AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO MEMBERS’ or VISITORS’ or SPONSORS, or ANY PERSON or COMPANY ASSOCIATED WITH THE WIN’S INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. WIN AND ITS AFFILIATES WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT OF MONEY.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in Section 4 are part of the basis of the Agreement between you and WIN and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if WIN or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
Both you and WIN may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- WIN’s rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information shared through the Services;
- Sections 4, 6, 7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
Email info@WomensInformationNetwork.com to close your account. Subject Line: Close My Account.
6. Governing Law and Dispute Resolution
You and WIN agree that the laws of the State of Utah, U.S.A., govern all dispute actions. You further agree that you will not litigate with the WIN or any of its affiliates for any reason. However, if you have a dispute with WIN and/or any of its affiliates, you agree to meet with a WIN Representative in the State of Utah, and with a third-party professional mediator. Relative to the dispute, you, and a WIN Board of Directors’ appointed WIN Representative, agree to abide by the decision of the mediator.
7. General Terms
You and any organization you represent specifically agree to indemnify, defend and hold WIN and all of its affiliates and their respective officers, directors, employees and agents harmless from and against all third-party claims, losses, liabilities, damages, expenses and costs, including attorney’s fees and court costs, arising out of your or your organization’s (i) use of the Site or Services, (ii) negligence or willful misconduct, and/or (iii) material breach of any of the terms of this Agreement.
This Contract (including additional terms that may be provided by WIN when you engage with other features of WIN Services), and the WIN Affiliate Agreement, are the only two Agreements regarding WIN Services and Affiliate relationships to which you and WIN agree. These two Agreements supersede all prior Agreements.
If WIN does not act to enforce a breach of this Contract, that does not mean that WIN has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without WIN consent. However, you agree that WIN may assign this Contract to its affiliates or a party that buys WIN, without your consent. There are no third-party beneficiaries to this Contract.
8. WIN “Dos and Don’ts”
WIN is a community of professionals. This list of “Dos and Don’ts” along with our Professional Community Policies limit what you can and cannot do on WIN Services.
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on all WIN-related documents; and
- Use the Services in a professional manner.
You agree that you will not:
- Create a false identity on WIN, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of WIN;
- Disclose information that you do not have the consent to disclose (such as confidential information of others and opportunities and the Coaches and Experts offering their expertise).
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
- Violate the intellectual property or other rights of WIN, including, without limitation, (i) copying or distributing our content of any kind, including videos, or (ii) copying or distributing our technology, unless it is released under open-source licenses; (iii) using the word “WIN” or “WIN WIN” or any related “WIN” wording or phrases, or our logos in any business name, or email, without written permission from a member of the WIN Executive Team.
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by WIN without our express consent (e.g., representing yourself as an accredited WIN Thought Leader, Trainer, Team Member, etc.);
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without WIN’s consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our
Services, without WIN’s consent; use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
- Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
9. Complaints Regarding Content
Contact information for complaint about content provided by our Members. We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. Email info@WomensInformationNetwork.com with the Subject Line “Complaints” and we will look into your complaint within 3 business days.
10. How to Contact Us
WIN contact information is on the website: www.WomensInformationNetwork.com.