terms of use

Last modified: 12.08.2021

 

Acceptance of the Terms of Use

the female factor e.V. is a global community for a new era of female leaders, creating tailor-made opportunities by boosting connections, confidence & competence. These Terms of Use are entered into by and between you (“user”) and the female factor (“organization”, “we" or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of the website, the members-hub the blog, the membership application form hosted on Formsite, the digital community, and any other forms we may create to collect information from you for purposes of feedback or content creation, or any other reason, either via  Formsite, Typeform, Google Forms, or any other platform, including any content, functionality and services offered to persons who are accepted as members to the digital community. 

 

Please read the Terms of Use carefully before you start to use the website and the digital community. By using our membership services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you cannot and should not access or use our membership services.  

 

Your use of and access to the digital community are also governed by Mighty Network’s Terms of Use, Privacy Policy, and Data Policy, Payment Terms, Platform Page, Platform Policy, Policy, Advertising Policies, and Payment Terms, and other policies for Mighty Networks. Mighty Network’s policies are not administered by the organization and are not the organization’s responsibility.  Facebook is responsible for its Terms of Use, Privacy Policy, and Data Policy, Payment Terms, Platform Page, Platform Policy, Policy, Advertising Policies, and Payment Terms, and other policies.  This website and members-hub is hosted by Wix, see here the Terms of Use and Privacy Policy.  The organization disclaims any and all responsibility and liability for the operation and maintenance of Wix.  The organization also uses Formsite to host its membership application. Your use of the website could be subject to additional terms and conditions of Wix and Formsite.  The organization disclaims any and all responsibility and liability for the operation and maintenance of Formsite and Wix.   

 

Changes to the Terms of Use

We reserve the right to and may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website and digital community thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on this Website. Your continued use of the website and digital community following the posting of revised Terms of Use means that you accept and agree to the changes.

 

Membership Eligibility

Although there are some website features (e.g. the blog) that you do not need to be a registered member to access, you must be a registered the female factor member in order to fully access all our services and the digital community. You represent and warrant that you are at least 16 years of age.  We may, in our sole discretion, refuse to offer or continue to offer membership to any person or entity and change our eligibility criteria at any time.

 

In order to be considered to be a member, you generally must provide us with a completed membership application in which you demonstrate your motivation together with a desire to contribute to the female factor community and its objectives.  The membership application requests certain personal information that you agree to provide to us subject to the terms of our Privacy Policy to enable us to determine whether to accept your membership application. Completed membership applications are added to the waiting list and we will review them on an ongoing basis (typically every Thursday).

We may request further information in order to decide whether to accept a membership application.  Acceptance of a membership shall be at our sole discretion in the furtherance of the good name and reputation of our community and its members.  No reason shall be given for refusal of any application at any stage and all information relating to the determination of a membership Application shall be treated in accordance with the terms of our Privacy Policy.

 

Benefits of Membership

 The benefits of membership include access to the digital community and the members-hub, that is open only to our registered members.  The digital community provides networking opportunities with other members, access to member-exclusive offers, content and much more.  Membership also provides ongoing opportunities to contribute to the digital community and to post offers, ask questions, introductions, and other information on events and opportunities to fellow members. Inner circle members may also participate in our mentoring and career success programs, as well as get free or discounted tickets for exclusive events.

 

Members also can receive the female factor monthly members mail and newsletter at their option to help stay up-to-date on member community happenings.  Additional benefits may also be offered from time to time at our discretion.  Members in good standing may also refer individuals to be considered for membership. Prospective members who have been referred will then be invited to complete an application form. Eligibility requirements apply to all prospective members.  Additional information on membership and its benefits, which may change from time to time, and pricing can be found on the website.

 

The female factor members mail is delivered via MailMerge and the female factor newsletter is delivered via Wix or Mailchimp. MailMerge, Wix and Mailchimp are responsible for their Terms of Use, Privacy Policy, and other policies. The organization disclaims responsibility and liability for the operation of MailMerge, Mailchimp and Wix.

 

Application / Registration

If your membership application is accepted, you will receive an e-mail which will have Chargebee payment details included. After we receive payment from you, you will receive further onboarding information (via email) on how to access the members-hub, the digital community and other membership services. 

 

As part of your membership application, you must provide accurate and complete contact information, including your name, e-mail address, social profile links, links to personal and professional websites, current occupation, geographical location, country of origins, interests how you found out about the female factor (including contact details of a referrer if applicable), motivation behind joining the female factor, expected contributions to the community, information on who you want to connect with, indicate your willingness to opt into and keep your contact information updated. the female factor assumes no responsibility regarding the accuracy of any information obtained from the website, digital community or any additional services we may provide. Use of such information is at your own risk. 

 

Members who access the digital community may seek to communicate with other members of the digital community through private messages or other ways of communicating (e.g. LinkedIn) but members can decide not to communicate with other members who seek to contact them through the digital community. The female factor asks members to focus outreach to other members based on prior voiced interests/needs by the other party. the female factor also prohibits direct solicitation i.e., selling/promotion of services, products and events, and asks members to report such behavior by reaching out through email (hi@femalefactor.global).  The information in the digital community may not be completely secure and the organization disclaims all liability if the digital community is accessed improperly.

 

The digital community is an invite-only web application. You acknowledge and agree that the digital community is available only to members to access by invite, subject to the restrictions contained in these Terms of Use, but the organization cannot assure that all members will comply with the restrictions on use of the digital community and disclaims all responsibility for any violations of those terms.  After completing the registration process, you will be invited to join the digital community.

 

We reserve the right to withdraw or amend access to the digital community, and any service or material we provide on the website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, the entire website or to the digital community.

 

You are responsible for:

• Making all arrangements necessary for you to have access to the digital community, including having the ability to access the Internet and an account (“Account”) in order to access the female factor digital community

• Ensuring that all persons who access the website through your Internet connection are aware of these Terms of Use and fully comply with them.

To access the digital community or some of the resources the female factor offers, you may be asked to provide certain personal / professional information / registration details or other information. It is a condition of your use of the digital community and you represent and warrant that all the information you provide is correct, current and complete. You agree to keep it current.  You agree that all information you provide to register with the digital community or otherwise, including but not limited to through the use of any interactive features on the website and digital community, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

Password Security

You agree that you are fully responsible for all liability and damages related to your failure to maintain your digital community password and the members-hub password in confidence and all activities that occur through the use of your password. You are solely responsible for the activity that occurs on your digital community account, and for keeping your password secure. You may never use another person’s user account or registration information without permission.

You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account and membership are personal to you and agree not to provide any other person with access to the digital community,  this website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your account or members-hub password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole opinion, you have violated any provision of these Terms of Use.

 

Account Security

You must notify us via e-mail at hi@femalefactor.global immediately of any breach of security or unauthorized use of your account. You should never publish, distribute, share, or post login information for your account.  You shall have the ability to discontinue your membership through a request made by submitting your request through the membership cancellation form found in our members hub according to your membership terms & conditions. 

 

Duties and expectations of members

Members are required to pay membership fees and comply with the Rules and Guidelines established on the female factor website, including the Code of Conduct, Privacy Policy, and all items, herein, which are incorporated by reference. Members must also inform the female factor of any change of and personal information including e-mail address, social media links, current occupation, credit/debit card. It shall be the responsibility of members to keep their contact and personal information current.

 

Membership Fees

In consideration of the privileges and benefits of membership, the female factor shall charge membership fees.  Failure to pay membership fees when due may result in the termination/suspension of your membership.  Membership fees can be paid in 12 instalments or as a one-time payment (and the female factor reserves the right to adjust pricing through discounts on an individual or community-wide level, as well as to offer occasional discount-like offerings such as “one month free,” which may or may not be tied to timing of sign-ups or perceived community-wide value of a particular member) and are due in advance of the membership period that the fees cover. Information on the current different payment plans for the membership available and their benefits and costs are found here.  

the female factor uses a third party payment processor to assist it in processing your personally identifiable payment information securely. Such third party processors’ use of your personal information is governed by their respective terms of Use and privacy policies. Payments are currently processed and managed using multiple providers, which include the payment gateway Stripe, as well as the subscription management & billing provider ChargeBee. See Stripe’s Privacy Policy and Services Agreement. See Chargebee’s Privacy Policy and Terms of Service.

 

the female factor may change the amount and frequency of required membership fees payments and payment terms at any time and may, in its sole discretion, accept full members without requiring fees or a formal application, with or without notice to you and without liability. Membership is personal and non-transferable and members must not share their membership benefits with any another person(s).

 

You may terminate your membership within 14 days of your first payment. Membership fees paid are nonrefundable after 14 days after your first payment.  

 

If you cancel your membership within those 14 days:

You will no longer have access to the female factor inner circle membership privileges (including but not limited to the digital community, mentoring, members-only emails, and more); more details on member offerings here. 

 

You may however continue to have access to the female factor blog, monthly newsletters, and any other the female factor free plan offerings. If you wish to permanently delete your profile you shall do that manually.

 

Once you have cancelled membership, and assuming there is no conflict of interest (to be decided at the female factor’s discretion):​

• To rejoin: you will need to re-apply + higher Membership fees may apply.

• If your instalment payment bounces or does not properly go through by the due date, you will be required to pay the rest of the fee in one payment.
   

Termination

Members may terminate their paid inner circle membership within 14 days of initial payment for any reason. In order to terminate your membership, reach out to our community team stating your desire to cancel your membership; they will communicate the next steps to be taken. Upon termination of your membership, you will be removed from the female factor digital community. Membership fees paid are nonrefundable unless requested within the 14 days after the first payment.

 

Sanctions

Members may be warned, suspended or removed from the female factor, an event or activity, and have their membership terminated, including access to the digital community and members-hub, for failure to pay membership fees, a breach of the letter and/or spirit of these Terms, or if the female factors considers in its absolute discretion that the conduct of a member is contrary to the interests of the community or the organization considers they are unfit to remain a member. the female factor is not obliged to provide reasons for sanctions decisions, including termination and expulsion, and any deliberations and other information on the same shall be maintained in strict confidence.

 

Expulsion

Any member expelled, for whatsoever reason, shall forfeit all privileges and benefits of membership and all rights against the female factor and shall not be entitled to a refund of any subscription fees paid prior to expulsion. 

 

Complaint Procedure

Member complaints shall be made in writing to the female factor at:  hi@femalefactor.global and the resolution of complaints shall be at the sole discretion of the female factor.

 

Content

For purposes of these Terms of Use, the term “Content” includes, without limitation, blog posts, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the website, e-mails or digital community.

 

The website and digital community and entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the female factor, its licensors or other providers of such material and are protected by Austrian intellectual property or proprietary rights laws.

 

These Terms of Use permit you to use the website and digital community for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website and digital community, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

•  If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the website or digital community.

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the website and digital community or any service or materials available through it.

 

If you wish to make any use of material on the website or digital community other than that set out in this section, please address your request to:  hi@femalefactor.global.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the organization. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

Trademarks

The organization name, the female factor and all related names, logos, product and service names, designs and slogans are trademarks of the organization or its affiliates or licensors. You must not use such marks without the prior written permission of the organization. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.

 

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the website and digital community:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Austria or other countries).

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

•  To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

• To impersonate or attempt to impersonate the organization, a organization employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may harm the organization or users of the website or expose them to liability.

Additionally, you agree not to:

• Use the website or digital community in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the websites.

• Use any robot, spider or other automatic device, process or means to access the website or digital community for any purpose, including monitoring or copying any of the material on the websites.

• Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.

• Use any device, software or routine that interferes with the proper working of the websites.

• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the servers on which the website is stored, or any server, computer or database connected to the website.

• Attack the website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the website or digital community.

 

User Contributions

The website and digital community may contain blog posts, message boards, personal web pages or profiles, profile walls, forums, bulletin boards, and other interactive features (collectively, “interactive services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “user contributions”) on or through the website and digital community.

 

All user contributions must comply with the content standards set out in these Terms of Use.  Any user contribution you post to the site will be considered non-confidential and non-proprietary. By providing any user contribution on the digital community, you grant us and any affiliates and service providers, and each of their any respective licensees, successors and assigns the nonexclusive, perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

•  You own or control all rights in and to the user contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

• All of your user contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any user contributions you submit or contribute, and you, not the organization, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Furthermore the female factor disclaims any responsibility for the posts of other users as well as its founders or employees. Please note that any advice poseid on the blog, in digital community or newsletter are for the most part based on personal experiences and provided for guidance purposes but it is up to you to consult a trained medical professional before beginning any new health or wellness regime or seek the advice of a licensed professional, whether an attorney, accountant or otherwise, before acting on any information that may be provided in any of our communications. the female factor expressly disclaims any responsibility for any action you may choose to take or avoid as a result of the information you obtain herein or based upon any errors or omissions in such information.

 

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any user contributions for any or no reason in our sole discretion.

• Take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates the Terms of Use, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website / digital community or the public or could create liability for the organization.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website or digital community.

• Terminate or suspend your access to all or part of the website or digital community for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. 

You waive and hold harmless the organization and its affiliates, licensees and service providers from any claims resulting from any auction taken by the organization during or as a result of its investigations and from any actions taken as a consequence of investigations by either the organization/such parties or law enforcement authorities. 

However, we cannot/do not undertake to review all material before it is posted on the website / digital community, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards

These content standards apply to any and all user contributions and use of interactive services. User contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, user contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote or assist any unlawful act.

• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

• Or in any other way are in conflict with the female factor guidelines.
   

Copyright Infringement

If you believe that any user contributions violate your copyright, send us a notice of copyright infringement to: hi@femalefactor.global. It is the policy of the organization to rescind membership and access to the website and digital community to individuals who are repeat infringers.

 

Reliance on Information Posted

The information presented on or through the website and digital community is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website or digital community, or by anyone who may be informed of any of their contents. As stated above, it is up to you to consult a trained professional for accurate advice regarding your specific situation whether it be a doctor, lawyer, accountant or other qualified individual.

 

The website and digital community may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the organization, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the organization. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the website

We may update the content on this website or digital community from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website or digital community may be out of date at any given time, and we are under no obligation to update such material.

 

Information about you and your visits to the websites

All information we collect on the website or digital community is subject to our Privacy Policy. By using the website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Linking to the website and Social Media features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

 

This website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this website.

• Send e-mails or other communications with certain content, or links to certain content, on the website.

• Cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

• Otherwise take any action with respect to the materials on the website that are inconsistent with any other provision of these Terms of Use.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice at our discretion.

 

Links from the website and digital community

If the website and digital community contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

The owner of this website is based in the state of Austria in the European Union (EU). We provide this website for use only by persons located in the EU. We make no claims that the website or any of its content is accessible or appropriate outside of the EU. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the EU, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website or digital community will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the websites or to your downloading of any material posted on it, or on any website linked to it.

 

Your use of the website and digital community, their content and any services or items obtained through these websites is at your own risk. The website, its content and any services or items obtained through the digital community are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the organization nor any person associated with the organization makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of these websites.  Without limiting the forgoing, neither the organization nor anyone associated with the organization represents or warrants that the websites, their content or any services or items obtained through the websites will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the websites or any services or items obtained through the websites will otherwise meet your needs or expectations. 

The organization hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. 

 The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. 

  

Limitation on Liability

In no event will the organization, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct or indirect, special, incidental, consequentials or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law but in no event shall damages that cannot be excluded exceed one year’s membership fee.  

 

Indemnification

You agree to defend, indemnify and hold harmless the organization, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, managers, members, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the website and digital community, including, but not limited to, your user contributions, any use of the websites’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website or digital community.

 

Governing Law and Jurisdiction

All matters relating to the website or digital community and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the Austrian laws giving effect to any choice or conflict of law provision or rule. 

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in the federal courts of Austria although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Arbitration

At the organization’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the Austria Arbitration Association applying Austrian law.

 

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the websites must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

 

Waiver and Severability

No waiver of by the organization of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the organization to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Third Party Beneficiary

To the extent necessary, Wix, through which this website is hosted, and Mighty Networks, through which the digital community is hosted, are deemed a third party beneficiary of these Terms of Use and our Privacy Policy. 

 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the female factor with respect to the website and digital community and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website and digital community and is binding on any successors and assigns of the organization. 

 

Your Comments and Concerns

The website and the digital community are operated by the organization.  All notices of copyright infringement claims directed to us, as well as all other feedback, comments, requests for technical support and other communications relating to the website or digital community should also be directed to:  hi@femalefactor.global.