TERMS OF USE
Welcome to www.hersuitespot.com (the “Site”). The Site is the property of, and is operated by, Women on the Rise NY, Inc. dba HerSuiteSpot (hereinafter “HerSuiteSpot” or “we”). We invite all visitors to, or users of, the Site (“You”) to carefully review these Site terms of use (“Terms of Use”) and the Privacy Policy before continuing to access or use the Site. Please click on the link to our Privacy Policy and review our Privacy Policy. By accessing or using the Site, You accept to be legally bound by these Terms of Use. If You do not accept these Terms of Use, You are not permitted to use the Site and You must discontinue access or use of the Site.
Membership
Memberships to join HerSuiteSpot offer members-only benefits and privileges. Memberships are annual, whether paid once annually or by month, and are non-transferrable. Memberships shall continue until canceled and are subject to membership terms made public from time to time. HerSuiteSpot reserves the right to revoke a membership if at any time HerSuiteSpot in its sole discretion determines that there is non-payment of the membership fee or the member has violated the terms of membership or these Terms of Use.
HerSuiteSpot Membership Benefits: HerSuiteSpot exists to serve its members, and strives to maximize the value of its memberships by providing the forum, knowledge and services for the economic success of women. HerSuiteSpot provides both paid and at times complimentary levels of memberships.
HerSuiteSpot Automatic Membership Renewals
All paid HerSuiteSpot memberships are for one year from date of purchase. For your convenience and protection – to prevent lapses in your HerSuiteSpot membership and the benefits through our partners – HerSuiteSpot will automatically renew your membership at the end of each year, using the credit card you initially provided. As your membership year draws near its close, HerSuiteSpot will send you a reminder before processing your membership renewal.
HerSuiteSpot’s membership services are delivered immediately. Upon the conclusion of your membership, HerSuiteSpot automatically sends you an email containing your login information so that you may begin to use the services, and HerSuiteSpot automatically completes your membership profile and links it with the member directory, so that you can immediately begin networking if you wish. Because HerSuiteSpot immediately delivers its services and incurs full costs for your membership, HerSuiteSpot’s membership sales are final.
If you wish to opt out of automatic renewal or to change the credit card used for your renewal, please login and make the necessary changes.
Proprietary Content, Third Party Content and Trademarks
Proprietary Content: All right, title and interest in and to the Site and all of its content, including, but not limited to, its software or HTML code and other computer code contained therein, trademarks, copyrights, text, articles, graphics, user interfaces, visual interfaces, scripts, artwork, photographs, images, designs, video, audio and written materials and other materials that appear as part of the Site (collectively, “Content”) are owned by HerSuiteSpot, its subsidiaries or affiliates, and/or their licensors. All Content is protected by national and international intellectual property laws, including, but not limited to, rights relating to or in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar intellectual property rights recognized under applicable laws, international conventions or international treaties in any country or jurisdiction in the world.
HerSuiteSpot will have the right to claim ownership at any time of its proprietary Content published on the Site and to oppose any use of its proprietary Content that is not expressly permitted by HerSuiteSpot.
Third Party Content: The Site may contain content created by third parties, information obtained from public sources and/or links to external web sites or web pages operated by third parties (the “Third Party Content”). You acknowledge and agree that HerSuiteSpot does not have any control and cannot monitor such Third Party Content and will not be responsible or liable for the accuracy, security, legality or reliability of any Third Party Content. Access to any Third Party Content is at Your own risk, and HerSuiteSpot will have no liability to You for any loss or damage that You may suffer (including, but not limited to, any loss or damage to Your computer equipment) arising out of or related to Your access or use of, or reliance on, any Third Party Content or caused by or in connection with any purchase of products or services available on or through any such Third Party Content.
HerSuiteSpot Trademarks and Logos: All trademarks, trade names, service marks, logos, brand names and product names included on the Site are the exclusive properties of HerSuiteSpot, its subsidiaries or affiliates, or used with the permission of their respective owners (“Trademarks”). These Terms of Use do not allow You to use the Trademarks in any manner whatsoever, without the express prior written consent of HerSuiteSpot.
Your Use of the Site
Non-Permitted Uses: You are permitted to use the Site and the Content for Your private, personal and non-commercial use only and always in compliance with these Terms of Use. You may not and may not permit, assist or allow any third party to:
(i) copy, reproduce, publish, transmit, distribute, perform, upload, post, publicly display, encode, translate, modify, alter or create derivative works from, sell, license or otherwise distribute this Site or any Content, including, but not limited to, mirroring, framing or linking to any other computer, server or web site;
(ii) access or use this Site or any Content for any commercial purposes, including any advertising or advertising revenue generation activity on Your own web site;
(iii) use any deep-link, page-scrape, robot, spider or any other automatic or manual processes, to access, acquire, copy or monitor the Site or any Content or any portion thereof, or in any way reproduce the structure or presentation of the Site or any Content, or circumvent any copy-protection devices, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
(iv) access or attempt to access any portion or feature of the Site You are not allowed to access without authorization, or any other systems or networks connected to the Site or any HerSuiteSpot server, by hacking, password mining or any other illegitimate means. You may not use anyone else’s password or Account (as defined below);
(v) (1) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach any security or authentication measures on the Site; or (2) use the Site or the Content for any unlawful purposes or for any purposes not allowed by these Terms of Use or for soliciting the performance of any illegal activity or for any other activity which infringes the rights of HerSuiteSpot or others; or
(vi) you agree not to use any device, software or routine to interfere, or attempt to interfere, with the proper working of the Site or with any other person’s use of the Site.
Any other use of the Content or material on this Site, including reproduction for the purposes other than Your private, personal and non-commercial use, modification, distribution or republication, without the express prior written consent of HerSuiteSpot, is strictly prohibited. Your limited right to use the Content and the Site terminates automatically, without notice to You, if You breach any of these Terms of Use.
Registration and Accounts: You acknowledge and agree that to access certain locations or features of the Site, You may need to register and create an account (“Account”). Thereafter, You may need to provide certain Personal Data (as defined in the Privacy Policy), as well as a user name and a password, in order to access such locations or features of the Site. You are responsible for maintaining the confidentiality of Your user name and password, and You will be responsible for all activities that occur under Your Account or user name. You agree to (i) notify HerSuiteSpot immediately if You discover that Your Account or user name is being used by a third party without Your consent or of any other breach of security; and (ii) ensure that You exit from Your account at the end of each session when accessing on public or shared computer/device.
HerSuiteSpot cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. You acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information You send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
HerSuiteSpot may, at its exclusive discretion and at any time, cancel Your Account or take appropriate measures to suspend Your access or use of the Site for security or maintenance purposes or if HerSuiteSpot has reason to believe that You are breaching these Terms of Use. HerSuiteSpot may also cancel Your Account if HerSuiteSpot has reason to believe that a third party is using Your Account without Your consent.
Use of Information
Your information may be used in different ways, including, but not limited to, the following:
We may use Your contact information in order to send You email or other communications regarding updates to the Site, such as new HerSuiteSpot events and additional services which may be of interest to You.
We may use the information we gather on the Site, whether personal, demographic, collective or technical, for the purpose of operating, marketing and delivering the content that we offer.
We may also use the information we gather to inform You of other products or services available from HerSuiteSpot or our affiliated companies or to contact You about Your opinion of current products and services or potential new products and services that may be offered.
Any feedback You submit in this area becomes the property of HerSuiteSpot, and such feedback (such as testimonials) may be used for marketing purposes or to contact You for further information.
While HerSuiteSpot encourages any third parties involved to adhere to our policies regarding the privacy of our members and to otherwise handle personal information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from HerSuiteSpot or independently. Nevertheless, in the event You encounter any third party associated with, or who claims association with HerSuiteSpot, whom You feel is improperly collecting or using information about You, please contact admin@hersuitespot.com.
Privacy and Security
Privacy: Personal Data that You are required to provide to HerSuiteSpot through the Site shall be subject to the Privacy Policy, available and downloadable on the Site. Except as otherwise set forth in the Privacy Policy, You are responsible for maintaining the confidentiality of Your Personal Data. Your privacy and the privacy of all of our other visitors who have accepted to be bound by the Terms of Use (“Members”) is very important. The Privacy Policy is incorporated by reference herein and by accepting to be bound by the Terms of Use You are also accepting to be bound by the Privacy Policy.
Security: HerSuiteSpot has implemented reasonable technical and organizational measures designed to secure Your Personal Data from accidental loss and from unauthorized access, use, alteration or disclosure. Additionally, HerSuiteSpot uses Secure Sockets Layer (SSL), which encrypts information the user inputs into the Site. Information is stored in a back-end database. Only HerSuiteSpot employees and website administrators have access to this information. However, we cannot guarantee that unauthorized third parties will not be able to access this information and use Your personal information for improper purposes, and HerSuiteSpot will not be liable for any loss or damage resulting from any such unauthorized use.
Content Terms and Conditions
Any portion of the Site where Members may participate, either by contributing or reading content (“content contributor”) are for the use of Members only. The information and opinions presented within any content contributor are subject to change without notice. Neither HerSuiteSpot nor any affiliated or associated companies, nor any of their directors, representatives or employees accepts liability, or may be held accountable for any loss arising from the use of this information. While HerSuiteSpot seeks to maintain the functionality of all pages of the Site at all times, we cannot guarantee that the content contributed will be accessible and/or in proper working order at all times. Users are encouraged to immediately contact admin@hersuitespot.com if any difficulties are encountered while using the Site.
Contributing Members are responsible for all content that they upload, post, email, or otherwise transmit. Members agree not to post or transmit any material which would violate or infringe upon the rights of any person or entity, or which would give rise to criminal or civil liability, nor will they post or transmit any material protected by copyright or trademark without the written consent of the owner. While HerSuiteSpot continually monitors the Site, we cannot guarantee the accuracy, integrity or quality of this material. HerSuiteSpot takes reasonable steps to preserve the quality of the content contributor. We reserve the right to delete any content for any reason at any time, without prior notice.
Jurisdiction and Local Restriction
Your data will be stored and processed in whole or in part in the United States. If You access the Site outside the United States, Your usage of the Site constitutes Your consent to the transfer of Your data out of Your country and to the United States.
The Site is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Site is prohibited by law or otherwise. Persons or other entities to whom such prohibitions apply must not access the Site.
Changes to the Terms of Use and the Site
HerSuiteSpot reserves the right to change, modify, revise, add or remove portions of these Terms of Use by updating this posting, at any time and without prior notice to You. HerSuiteSpot thus invites You to check these Terms of Use periodically. If You do not agree to any such change, You must discontinue the access or use of the Site. By continuing the access or use of the Site following the posting of changes, You accept and agree to the changes.
Compliance with the Terms of Use and Indemnity
You represent and warrant that (i) You have the power and authority to enter into these Terms of Use; and (ii) Your use of the Site will comply with these Terms of Use. You agree to indemnify and hold harmless, and at HerSuiteSpot’s option, defend HerSuiteSpot, and any of its subsidiaries and affiliates, and its and their officers, directors, partners, members, managers, shareholders, employees, agents, representatives, contractors, suppliers, licensors, successors and assigns from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, demands, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to, or arising out of, any breach of these Terms of Use or any use of the Site by You. We may assume exclusive control of any defense or any matter subject to indemnification by You, and You agree to cooperate with us in such event.
Feedback, Submissions and Other Communications
Any feedback, articles, content, publications, comments, suggestions, ideas and/or other similar information, including but not limited to profiles, messages, boards or forums (collectively, “Communications”), that You submit to the Site shall not be treated by HerSuiteSpot as confidential or proprietary. HerSuiteSpot reserves the right to use such Communications on an unrestricted basis. You hereby grant HerSuiteSpot and its affiliates an irrevocable, non-exclusive, sublicensable (through multiple tiers), worldwide, perpetual, fully paid-up and royalty-free right to use and generally exploit any such Communications and any ideas, concepts, know how or techniques contained in such Communications that You send through the Site, insofar as it does not violate any other part of these Terms of Use or the Privacy Policy. You also warrant that the holder of any rights, including moral rights in such Communications, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any subscriber to generally use such content for personal use. Subject to the foregoing, the owner of such Communications placed on the Site retains any and all rights that may exist in such Communications.
Disclaimer of Warranties
The use of the Site is at Your own sole risk, and You are entirely responsible for Your use of the Site and any linked sites. HerSuiteSpot takes reasonable measures to protect the Site and the Content from viruses and defects but cannot guarantee that Your computer equipment, hardware or software or any data stored or created by Your computer equipment, hardware or software (collectively, “Equipment”) will not be damaged, corrupted, lost or otherwise affected if You access or use the Site or any Content. Without limiting the foregoing, HerSuiteSpot shall not be held responsible for any unauthorized changes to the Content.
No advice or information, whether oral or written, obtained by You from HerSuiteSpot or through or from the Site shall create any warranty not expressly stated in the Terms of Use. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither HerSuiteSpot nor any of its data or content providers shall be liable for any Including (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY OR ANTICIPATED SAVINGS; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE SITE REGARDLESS OF THE FORM OF ACTION or delays in the content, or for any actions taken in reliance thereon.
HerSuiteSpot does not control and will make every effort but cannot pre-screen all information, text, data, links, articles, software, photographs, graphics, video, music, sound, messages, or other material posted by Members on the Site or sent to another user via the Site (“User Content”) and, as such, does not guarantee the accuracy, integrity, appropriateness, or quality of such User Content. The User Content posted by Members or other third parties does not necessarily represent the views or opinions of HerSuiteSpot and under no circumstances will HerSuiteSpot be liable in any way for any User Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Site. HerSuiteSpot makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted on the Site, or of any other form of communication engaged in by users of the Site. Posted information may contain inaccuracies or typographical errors. You agree that any reliance on information posted by users of the Site, or on any other form of communication with users, will be at Your own risk. Please refer to our Privacy Policy concerning prohibited User Content.
The Site and the Content are delivered on an “AS-IS” and “AS AVAILABLE” basis. HERSUITESPOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
HerSuiteSpot further disclaims any and all liability for the acts, omissions, or conduct of any third parties in connection with or related to Your use of the Site, including, without limitation, any liability for any Third Party Content or other third party information available on or through the Site, or any unauthorized use or access by third parties of Your Account.
HerSuiteSpot does not warrant that the Site or any Content, service or feature of the Site will be uninterrupted, timely or secure, that there will be no virus, destructive features or that any defects will be corrected, or that Your use of the Site will provide specific results. HerSuiteSpot reserves the right to change, suspend or interrupt the functionality of the Site and the Content at any moment without notice.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HERSUITESPOT SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND/OR CONTENT OR ANY INFORMATION CONTAINED THEREIN, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR (I) ANY LOSS OF OR CORRUPTION OR UNAUTHORIZED ACCESS TO DATA; (II) LOSS OF OR DAMAGE TO YOUR EQUIPMENT; (III) ANY RELIANCE ON THE INFORMATION CONTAINED ON THE SITE; OR (IV) ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE.
NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS HERSUITESPOT’S LIABILITY TO YOU FOR FRAUD OR GROSS NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER ANY MANDATORY PROVISION OF APPLICABLE LAW.
General Terms
These Terms of Use are governed by the laws of the State of New York without regard to its conflict of law provisions. The state and federal courts in New York shall have personal and exclusive jurisdiction over any disputes arising out of the use of the Site and/or in connection with these Terms of Use, save for any right under mandatory provisions of applicable laws that establish legal proceedings in the place of residence or domicile of the users. These Terms of Use set forth the complete agreement between You and HerSuiteSpot with respect to Your use of the Site and supersede and replace any prior understanding, whether oral or in writing. The failure of HerSuiteSpot to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
The Terms of Use constitutes the entire agreement between You and HerSuiteSpot and governs Your use of the Site, superseding any prior agreements between You and HerSuiteSpot.