Where can I find a list of ingredients in Womaness products?
For a listing of the hero ingredients used in our product line, please visit this page. The full ingredients list for an individual product is featured on its dedicated product page. Note that we make Womaness products without estrogen, phytoestrogen, or added hormones. They’re also free from animal-derived ingredients, parabens, phthalates, sulfates, artificial colors, formaldehyde, and mineral oils.
Are your products vegan?
Yes. All Womaness products are vegan. Our line does not contain animal or animal-derived ingredients.
Are your products cruelty free?
The entire line of Womaness products is certified by Leaping Bunny to be cruelty free. We do not believe in testing on animals.
Are your products nut free?
Yes. We formulated our products without nuts or nut derivatives. If you have any allergies or sensitivities, please check the ingredients list featured on an item’s dedicated product page or talk to a medical professional to make sure a product is right for your needs.
Do your products contain estrogen?
Womaness products offer solutions for menopause symptoms that are free of estrogen. Since estrogen isn’t a one-size-fits all solution, we believe it’s a decision to be made along with your doctor. To find out if the option is a good fit for you, speak to a medical professional.
Do your products contain hormones?
Products from Womaness do not use hormones. In our experience, hormone therapy is a choice to be made with guidance from your doctor. To learn if it is right for you, check with your medical professional.
Do your products contain soy?
There is no soy in any of our products.
I am on hormone replacement therapy (HRT). Are your Me.No.Pause. and Active Glow supplements safe for me to take?
Because our supplements are hormone free, they should not interfere with your HRT. As with any dietary supplement, however, it’s smart to check with a medical professional first to make sure it’s a solution that’s smart for your individual case.
Can I use your Daily V Soothe vaginal moisturizer with condoms?
Daily V Soothe, our water-based external vaginal moisturizer, is free of both silicone and oil, meaning it will not break down or weaken a condom. While Daily V Soothe can prep you for intimacy, however, you may still need to use an additional lubricant to increase your comfort. For recommendations that work best for you, consult your doctor.
Is Daily V Soothe safe to ingest?
Yes. Our water-based external vaginal moisturizer has no taste, is fragrance free, and is safe to consume during oral sex.
Are your Me.No.Pause. and Active Glow supplements organic?
No. Not all of the plant-based ingredients in our supplements are organic. That’s because our primary goal was to include ingredients shown to be clinically effective—and many of those ingredients are not yet available in organic form. If an organic, as-effective form of an ingredient becomes available, we will update the formula.
Are your Me.No.Pause. and Active Glow supplements made with bioavailable ingredients?
Yes, our supplements are bioavailable and will be absorbed and used by your body. Even more important, the supplements are “bioactive” in that they’ve shown to produce health benefits in well controlled clinical trials. This is a primary difference between our supplements and others on the market: we use the exact ingredient and dose included in those clinical trials, so you can be sure when we make a health claim, we’re being true to the science.
Are your Here. There. Everywhere. body wipes biodegradable?
Yes. Our wipes are completely biodegradable and compostable (but please do not flush them).
Are your Go Go Liners biodegradable?
Of the four layers of protection contained in each of our Go Go Liners, only the sugar cane-derived backsheet is biodegradable. The liners are not flushable and we recommend disposing them in a wastebasket.
Is your packaging considered green?
You can recycle all of our product packaging except for the pumps and droppers. We recommend disassembling and rinsing any product container before recycling it according to your local regulations.
Why is there a sticker on the back of The Works tube?
Our products are free of estrogen, soy, and added hormones. However, our packaging included an ingredient misprint. We corrected the misprint by affixing a sticker on our packaging that accurately represents our ingredients. The Works is one of our most sought-after products so we opted for a solution that would allow us to get it back in stock and to you quickly. Enjoy!
Orders, Shipping & Returns
How much does shipping cost?
|Order Value||Delivery Service||Cost||Estimated Delivery Time|
|Over $50||Standard Ground||FREE||3-5 Business Days|
|Under $50||Standard Ground||$5.99||3-5 Business Days|
Free Shipping & Handling valid for all Womaness.com orders of $50 or more after applicable discounts. Free Shipping is valid for orders shipping to the continental U.S. only.
Hawaii & Alaska
|Order Value||Delivery Service||Cost||Estimated Delivery Time|
|All Orders||Standard Ground||$9.99||3-5 Business Days|
When will my order ship?
Standard Ground Shipping: Orders placed before 12pm CST will be shipped the same day. Orders should be received within 3 to 5 business days. Orders placed on Saturdays, Sundays, or public holidays are handled on the Monday or the first working day after. (Working days exclude Saturdays, Sundays, and public holidays.)
Orders are shipped within one business day. Orders placed over the weekend are dispatched on Mondays.
How do I track my order?
You will receive a link to track your package in your shipping confirmation email as soon as it has been dispatched.
What do I do if my address is incorrect or incomplete?
If your package is returned to us due to an incorrect or incomplete address, please email firstname.lastname@example.org. While we are not responsible for the loss of your order if the address provided at checkout is incomplete or incorrect, we will do what we can to help.
What do I do if my order is delayed or lost?
A parcel is considered lost after it has been in the postal system for a period of 15 business days for U.S. orders. We cannot take responsibility for delays caused by the courier. Although orders normally take much less time than that, we are unable to dispatch a replacement until this period of time has elapsed.
What is the return policy?
You can return your Womaness purchase for a full refund within 30 days of receipt of delivery. Note that you are responsible for paying for return shipping. Returns must include the original packing slip and may be shipped to:
Womaness Returns 18905 Kill Creek Road Edgerton, KS 66021 USA
Please email email@example.com for additional information on how to process your return.
What if I have other shipping or order related questions?
Please feel free to email our customer service team at firstname.lastname@example.org for any additional questions related to your order and one of our Womaness team members will be happy to assist you.
Effective Date: January 15, 2021
Last Updated: June 13, 2022
We at Well Found, Inc. d.b.a. Womaness (“Womaness”, “us”, “our”, or “we”) are strongly committed to transparency, and we want you (“you” or “your”) to understand how we collect, use, share and protect your personal information, as well as how you can manage the personal information we collect. This Privacy Notice applies to your interactions with us or your use of our website (www.womaness.com), products, services, apps, or features, either online or offline (collectively, our “Services”).
By using our Services, you acknowledge the terms of this Privacy Notice. If you do not agree to the terms of this Privacy Notice, please do not use our Services. If you do not understand, or if you have questions about, this Privacy Notice, please contact us before using, or continuing to use, our Services.
We reserve the right to change our Privacy Notice from time to time by posting the changes here. If we choose to amend this Privacy Notice, we will revise the Last Updated date at the top of this Privacy Notice when we post the updated version. We may also provide you with notice by prominently posting on our website, via email or both, if we make any significant changes to this Privacy Notice. We may also highlight those changes at the top of this Privacy Notice and provide a prominent link to it for a reasonable length of time following the change. Your use of our Services after we have informed you in one of these ways that we made changes to our Privacy Notice will mean that you have accepted those changes.
- TYPES OF INFORMATION WE COLLECT
- HOW WE COLLECT PERSONAL INFORMATION
- HOW WE USE PERSONAL INFORMATION
- HOW WE SHARE PERSONAL INFORMATION
- HOW WE PROTECT PERSONAL INFORMATION
- DATA TRANSFERS
- CHILDREN’S PRIVACY
- YOUR CALIFORNIA PRIVACY RIGHTS
- YOUR CHOICES
- THIRD PARTY WEBSITE AND APPS
- CONTACT US
1. TYPES OF INFORMATION WE COLLECT
We collect two basic types of information from you when you provide it to us or when you use or interact with our Services: personal information and non-personal information.
Personal information includes all information that relates to you or which are opinions about you personally and either identifies or may be used to identify you personally (collectively, “personal information”). We may collect the following types of personal information from you depending upon the device you are using and how you interact with us or use or interact with our Services, such as your:
- Contact Information. Name, mailing address, email address, phone number, and other contact information.
- Demographic Information. Date of birth and gender.
- Commercial Information. Information regarding the products and services you have purchased or expressed interest in.
- Device Information. IP address, browser type and version, browser plug-in types and versions, operating system and platform, device type and device identifiers.
- Financial Information. Credit and debit card numbers and other financial information necessary to receive payment for Services purchased.
- Audio Information. When you speak with customer service representatives, we may record the conversation for training and quality assurance purposes. If we intend to record the call, we will also notify you prior to doing so.
- Health-related Information. You may choose to provide us with health-related information such as when your last cycle was or any menopause symptoms you may be experiencing.
- Referral Information. When you refer an individual to use our Services, you may provide us with information that personally identifies that individual, such as name and email address.
- Testimonial / Product Review Information. When you provide a testimonial or review our Services, you may provide us with personal information, including photos and videos, related to our experience. Please note, such information is viewable by other individuals and we ask that you not include any sensitive personal information in such testimonials or reviews.
Non-personal information includes information that does not personally identify you or information that has been anonymized (collectively, “non-personal information”). When we combine non-personal information with personal information, we treat the combined information as personal information.
You can always refuse to provide your personal information, but please note that some personal information is necessary to provide our Services.
2. HOW WE COLLECT PERSONAL INFORMATION
We need to collect personal information from you in order to provide you with our Services, as well as to improve your experience. You may provide us with personal information in several ways, including, for example when you:
- Visit our website or use our Services;
- Correspond with us in any way, including through surveys and promotions;
- Sign up to receive our newsletter or promotional information;
- Ask for customer service, support or other assistance; or
- Interact with us in any other way, online or offline, including through our Services.
Like many websites and apps, we use “cookies”, which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences and actions, including how you use the website. We use this information for analytics purposes which allows us to improve your browsing experience. The information we collect through these technologies will also be used to manage your session. Out of these cookies, the cookies that are categorised as "necessary" are stored on your browser as they are essential for the working of basic functionalities of the website. These necessary cookies cannot be disabled.
Cookie Opt-out. You can set your browser or device to refuse all cookies or to indicate when a cookie is being sent. If you delete your cookies, if you opt-out from cookies, or if you set your browser or device to decline these technologies, some Services may not function properly. Our Services do not currently change the way they operate upon detection of a Do Not Track or similar signal.
Offline Interactions and Other Sources
We also may collect personal information from other sources, such as our partners or third party service providers, or from our offline interactions with you for the purposes listed in the How We Use Personal Information section below, including to enable us to verify or update information contained in our records and to better customize the Services for you.
Social Media Integration
Our Services may, from time to time, contain links to and from social media platforms. You may choose to connect to us through a social media platform, such as Facebook, LinkedIn or Twitter, and when you do, we may collect additional information from you, including the information listed in the Types of Information We Collect section above. Please be advised that social media platforms may also collect information from you. When you click on a social plug-in, such as Facebook’s “Like” button or Twitter’s “Tweet” button, that particular social network’s plugin will be activated and your browser will directly connect to that provider’s servers. We encourage you to review the social media platforms’ usage and disclosure policies and practices, including the data security practices, before using them.
3. HOW WE USE PERSONAL INFORMATION
We may use personal information to do any or all of the following:
- provide you with our Services;
- facilitate your interactions and transactions with us;
- respond to your requests, communications, suggestions, comments, inquiries, and requests (including your feedback about our Services);
- administer our relationship with you, including creating and managing your account;
- administer and manage our business and supply chain;
- maintain and improve our Services;
- measure the performance of our Services;
- develop and research new products, features, and services;
- better understand the preferences of our customers;
- provide personalized Services, including content and ads;
- provide you with, and improve, relevant marketing offers or information from us or relevant third parties;
- facilitate your participation in our surveys and promotions;
- ensure our systems and premises are secure;
- develop and manage relationships with our business partners;
- operate tools and suppressors to exclude individuals from direct marketing after unsubscribing;
- respond to legally binding requests from law enforcement, regulatory authorities, or other third parties;
- prevent, detect, or investigate unauthorized use of our Services and ensure compliance with the law and our policies;
- defend, protect or enforce our rights or applicable terms of service or to fulfill our legal or contractual obligations;
- manage any dispute and accidents and take legal or other professional advice;
- to prevent fraud or the recurrence of fraud;
- assist in the event of an emergency;
- comply with applicable law; or
- any other purpose with your consent.
We may also combine your personal information collected through various sources, including information collected through our Services, and develop a customer profile that will be used for the purposes above.
Except as otherwise permitted or required by applicable law, we only retain personal information for as long as we need to use the information for the purposes listed above, including, for legal, regulatory, backup, archival, accounting, and/or audit purposes.
We may use personal information to create non-personal information. We may use non-personal information for any legitimate business purpose.
4. HOW WE SHARE PERSONAL INFORMATION
Except as disclosed in this Privacy Notice, we do not share personal information with any companies other than our subsidiaries, affiliates, business partners, suppliers, vendors, service providers, and contractors, including our and their directors, officers, employees, agents, consultants, advisors or other representatives.
Our business partners, suppliers, vendors, service providers, and contractors include IT service providers, financial institutions and payment providers, customer relationship management vendors, other cloud-based solutions providers, lawyers, accountants, auditors and other professional advisors. We contract with them to ensure that they only process your personal information under our instructions and ensure the security and confidentiality of your personal information.
We share personal information with these third parties to help us:
- with the uses described in the How We Use Information section above;
- in the operation, management, improvement, research and analysis of our Services;
- with our marketing and promotional projects, such as sending you information about products and services you may like and other promotions (provided you have not unsubscribed from receiving such marketing and promotional information from us); and
- comply with your directions or any consent you have provided us.
We may share personal information with law enforcement and regulatory authorities or other third parties as required or permitted by law for the purpose of:
- responding to a subpoena, court order, or other legal processes;
- defending, protecting, or enforcing our rights;
- assisting in the event of an emergency; and
- complying with applicable law.
In accordance with applicable law, we may also transfer or assign personal information to third parties as a result of, or in connection with, a sale, merger, consolidation, change in control, transfer of assets, bankruptcy, reorganization, or liquidation. If we are involved in defending a legal claim, we may disclose personal information about you that is relevant to the claim to third parties as a result of, or in connection with, the associated legal proceedings.
We share non-personal information with third parties as reasonably necessary to meet our business needs.
5. HOW WE PROTECT PERSONAL INFORMATION
We are dedicated to ensuring the security of your personal information. We use physical, electronic, and administrative security measures appropriate to the risks and sensitivity of the personal information we collect. We aim to provide secure transmission of your personal information from your devices to our servers. We have processes to store personal information that we have collected in secure operating environments. Our security procedures mean that we may occasionally request proof of identity before we disclose your personal information to you. We try our best to safeguard personal information once we receive it, but please understand that no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. If you suspect an unauthorized use or security breach of your personal information, please contact us immediately.
6. DATA TRANSFERS
7. CHILDREN’S PRIVACY
Our Services are not for children or those under the age of 13. We do not knowingly collect personal information from children or other persons who are under 13 years of age. Individuals who are children or those under the age of 13 should not attempt to provide us with any personal information. If you think we have received personal information from children or those under the age of 13, please contact us immediately.
8. YOUR CALIFORNIA PRIVACY RIGHTS
We do not share personal information with third parties for their own direct marketing purposes without your consent. California residents under 18 years old, in certain circumstances, may request and obtain removal of personal information or content that you have posted on our Services. Please be mindful that this would not ensure complete removal of the content posted by you on our Services. To make any request pursuant to California privacy law, please contact us.
9. YOUR CHOICES
Updating / correcting your personal information
The accuracy of the personal information we have about you is very important. To submit a request to update or correct your information, please contact us using the information below.
Email Communications / Direct Marketing
You may have the opportunity to receive certain communications from us related to our Services. If you provide us with your email address in order to receive communications, you can opt-out of marketing emails at any time by following the instructions at the bottom of our emails and adjusting your email preferences. Please note that certain emails may be necessary for the operation of our Services. You will continue to receive these necessary emails, if lawful and appropriate, even if you unsubscribe from our optional marketing communications.
Cookies / Beacons
Network Advertising Initiative
Certain websites you visit may provide options regarding advertisements you receive. If you wish to minimize the amount of targeted advertising you receive, you can opt-out of certain network advertising programs through the Network Advertising Initiative (NAI) Opt-Out Page or through the Digital Advertising Alliance Opt-Out Tool. Please note that even if you choose to remove your personal information (opt-out) you will still see advertisements while you’re browsing online. However, the advertisements you see may be less relevant to you. For more information or to opt-out of certain online behavioral advertising, please visit http://www.aboutads.info.
Additionally, many advertising network programs allow you to view and manage the interest categories that they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
Do Not Track
Some devices and browsers support a “Do Not Track” (or, DNT) feature, a privacy preference that you can set in certain browsers, which is intended to be a signal to websites and services that you do not wish to be tracked across different websites or online services you visit.
Please note that we cannot control how third party websites or online services you visit through our website respond to Do Not Track signals. Check the privacy policies of those third parties for information on their privacy practices. Our Services do not currently change the way they operate upon detection of a Do Not Track or similar signal.
10. THIRD PARTY WEBSITES AND APPS
Our website and Services may contain links to other websites or apps operated by third parties. Please be advised that the practices described in this Privacy Notice do not apply to information gathered through these third party websites and apps. We have no control over, and are not responsible for, the actions and privacy policies of third parties and other websites and apps.
11. CONTACT US
We welcome requests, questions, comments, and feedback on this Privacy Notice and our management of personal information. If you have requests, questions, concerns, or feedback, you can always contact us in the following ways. For your protection, we may need to verify your identity before assisting with your request, such as verifying that the information used to contact us matches the information that we have on file.
Email us at email@example.com
Terms & Conditions
Effective Date: February 22, 2021
Welcome to the Womaness Website!
BY ACCESSING OR USING THE WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS.
IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
- YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
- LIMITATIONS OF OUR LIABILITY TO YOU; AND
- A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) VIA ARBITRATION AND ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
- ABOUT THE TERMS
- ABOUT THE WEBSITE
- PAYMENT TERMS
- USER CONDUCT GUIDELINES
- INTELLECTUAL PROPERTY OWNERSHIP
- NO MEDICAL ADVICE
- THIRD -PARTY TERMS
- WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
- GOVERNING LAW & DISPUTE RESOLUTION
- “User Content” refers to videos, text, photos, information and other content captured, recorded, streamed, stored, shared or otherwise made available or caused to be made available by users on or through the Website.
- “Users” means any and all persons that access or use the Website. References to “access” and/or “use” of the Website (and any variations thereof) include the acts of accessing or browsing the Website.
- “Your Content” refers to User Content that is provided or made available or caused to be made available by you.
- “Website” refers to any website owned or operated by Womaness (including the website currently located at www.womaness.com), through which access to any Womaness products or services is available. References to the “Website” include any and all features, functionality, tools and content available on or through each such website.
- “Womaness,” “we,” or “us” refer to Well Found, LLC and our officers, directors, employees, contractors and agents.
1.3 Amendment of Terms
Womaness reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. By continuing to use the Website after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. This provision is subject to a few limitations in the “Dispute Resolution” section below. If the amended Terms are not acceptable to you, your only recourse is to stop using the Website.
No other modification, amendment, supplement of or to the Terms will be binding on Womaness unless it is in writing and signed by an authorized representative of Womaness.
2. ABOUT THE WEBSITE
2.1 License to Use
Subject to your compliance with the Terms, Womaness grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website, for your own personal use only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by Womaness, in the manner permitted by the Terms.
2.2 Modifications and Updates to the Website
Womaness reserves the right, in its sole discretion, to modify or discontinue offering the Website or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you.
You agree that Womaness has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.
2.3 International Users
The Website is controlled and operated within the United States and is not intended for use outside of the United States. You are hereby prohibited from accessing or using the Website from any territory where the Website or any of the features, functionality, tools, content thereof, is illegal. If you choose to access the Website from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
3.1 Account Registration
While certain Website content is publicly available, you must register for a user account before you are able to access certain services. You may register to create an account directly via the Website or through certain third-party social networking websites, as further described in this section.
You may not register for an account on behalf of any person (other than yourself).
No person or entity may have more than one active account at any given time.
3.2 Account Set-Up
Your account and account profile page will be created based upon the information you provide to us or that we obtain via a third-party professional or social networking website (a “social media site”), as described below.
You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date. Please note that the name and contact information that you submit when you register will be shared in accordance with your selections in your account settings when you share Your Content.
When you create your account, you will be asked to create a username and password, which you will be solely responsible for safeguarding. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Womaness account or any other account that you may connect to your Womaness account. You agree not to disclose your username or password to any third party, and you agree to immediately notify Womaness of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. Womaness cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
In addition to registering directly through our Website, you may also be able to register for an account through certain social media sites by linking your account with the social media site account (or, “social media account”). You can do this by either (i) providing your social media account login information to Womaness or (ii) allowing Womaness to access your social media account, as permitted under the applicable terms and conditions that govern your use of the social media account. You represent that you are entitled to disclose your social media account login information to Womaness and/or grant Womaness access to your social media account for the purposes described herein, without breach by you of the terms and conditions that govern your use of the applicable social media site and without obligating Womaness to pay any fees or making Womaness subject to any usage limitations imposed by such social media site providers.
By granting Womaness access to any social media accounts, you authorize Womaness to access, make available and store any information and content, including profile photos, stored in your social media account, to be made available on your account profile page on the Website. Depending on the social media account you choose and subject to the privacy settings that you have set in such social media account, personally identifiable information that you post to your social media account may become available on and through your account with Womaness. All such information and content, if any, will be considered to be Your Content for purposes of the Terms. Womaness makes no effort to review any of your information or content accessed from such social media sites for any purpose, including for accuracy, legality or non-infringement and Womaness is not responsible for any such information or content.
Please note that if a social media account or associated service becomes unavailable or Womaness’s access to such social media account is terminated by the social media site provider, the information and content accessed from your social media account may no longer be available on or through your account with us.
You have the ability to disable the connection between your account with us and your social media accounts, at any time, by [accessing the “Settings” section of the Website.] PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL MEDIA SITE PROVIDER ASSOCIATED WITH YOUR SOCIAL MEDIA ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL MEDIA SITE PROVIDER.
3.3 Account Suspension and Cancellation
You may cancel your account at any time by visiting the account page on womaness.com, logging into your account and clicking the delete/cancel your account button.
We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to (i) limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Website at any time for any reason, and (ii) screen or delay the posting or delivery of Your Content.
Womaness reserves the right to suspend or terminate your account or your access to the Website if you create more than one account, or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel accounts of Users who fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the “User Conduct Guidelines” section below and elsewhere in the Terms.
If your account is deactivated or cancelled, Womaness will have the right, but not the obligation to delete Your Content.
If Womaness has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Womaness’s reasonable satisfaction.
4. PAYMENT AND SHIPPING TERMS
You acknowledge that the amount billed may vary due to promotional offers or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount. We reserve the right to adjust product prices as we may determine in our sole discretion, at any time and without notice.
4.2 Payment/ Credit Cards
4.4 Shipping; Deliveries
4.5 Returns; Exchanges
All returns and/or exchanges must be made in accordance with Womaness’s Exchange/Return Policy. You can return your Womaness purchase for a full refund within 30 days of receipt of delivery. Note that you are responsible for paying for return shipping.
5. USER CONDUCT GUIDELINES
Any time you access or use the Website, you are required to comply with our User conduct guidelines, as set forth below.
You agree that you will access and use the Website for your personal use only.
Public Areas: Your Content may be viewed by other Users and by other persons or entities, including through third party services and websites. Thus, you should only capture, record, upload, stream, share or store videos, images, information and other content that you are comfortable sharing with others.
You agree that you will not access or use the Website to capture, record, upload, stream, share or store any video or images, or otherwise act in any manner, that:
- is intended to perpetrate a hoax or otherwise defraud, mislead or deceive any person or entity;
- violates, breaches or circumvents any local, state, federal or other law, rule or regulation, including any ruling or order of a court or administrative body;
- violates, breaches or circumvents the rights of any person or entity, including infringing or misappropriating such party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- is defamatory, obscene, pornographic, vulgar, lewd, offensive or unlawful;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is inflammatory, abusive, violent or threatening or promotes violence or actions that are threatening to any other person;
- promotes illegal or harmful activities or substances; or
- is harmful to children.
Without limiting the above, you are not authorized to access or use the Website:
- to impersonate any person or entity, or falsify or otherwise misrepresent your identity, credentials, affiliations or intentions;
- to collect, store or use any information from or about another User;
- to “stalk” or harass any other User;
- to distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters or “pyramid” schemes;
- for political campaigning, recruiting votes or soliciting donations or other support for legislative or other initiatives;
- to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- if you are not able to form legally binding contracts (for example, if you are under 18);
- if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or
- for any other purposes that are not expressly permitted by the Terms.
Further, you may not:
- access, copy, distribute, share, publish, use or store, or prepare derivative works from any website content that belongs to Womaness, another User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
- share your login credentials transfer your account to another party without our consent;
- circumvent our systems, policies, determinations as to your account status, including by attempting to access or use the Website if your account has been suspended or cancelled or you have otherwise been temporarily or permanently prohibited or blocked from using the Website;
- access, search, collect information from, or otherwise interact with the Website by “scraping,” “crawling” or “spidering” the Website, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by Womaness, unless you have been specifically authorized to do so in a separate agreement with Womaness;
- use, display, mirror or frame the Website, or any feature, functionality, tool or content of the Website, Womaness’s name, any Womaness trademark, logo or other proprietary information, without Womaness’s express written consent;
- interfere with, disrupt, damage or compromise the Website or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Website or otherwise imposing an unreasonable or disproportionately large load on the Website;
- access, tamper with or use non-public areas of any of the Website, Womaness’s computer systems, or the technical delivery systems of Womaness’s providers;
- probe, scan, or test the vulnerability of any system or network of Womaness or its providers, or breach or circumvent any security or authentication measures of such system or network;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Womaness or any of Womaness’s providers or any other third party to protect the Website;
- forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Website;
- export or re-export the Website, except in compliance with the export control laws and regulations of any relevant jurisdictions;
- otherwise abuse the Website or breach the Terms; or
- attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
5.1 Responsibility for User Content
Ultimately, all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the User who originated such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or endorse any opinions expressed in such User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, harmful, inaccurate, misleading, fraudulent or otherwise inappropriate. Under no circumstances will Womaness be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content.
We may, but are not required to monitor or control the User Content captured, recorded, uploaded, streamed, shared or stored on or through the Website, and we cannot take responsibility for such User Content. Any use or reliance on any User Content is at your own risk.
5.2 Reporting Misconduct
If you feel that another User has violated the Terms, abused the Website or otherwise acted inappropriately, you may report the User to Womaness at firstname.lastname@example.org. Womaness reserves the right, but assumes no obligation, to investigate and take appropriate action in response to such reports. Regardless of its action or inaction, in no event will Womaness be liable for the acts or omissions of any User or any third party.
Womaness reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law.
Without limiting the foregoing, you acknowledge that Womaness has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Website by any User, to access, review, preserve and disclose any User Content, or to remove or disable access to any User Content, if we believe in good faith that it is reasonably necessary (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body), (ii) to respond to claims asserted against Womaness, (iii) to enforce and to ensure a User’s compliance with the Terms, including the investigation of potential violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect the rights, property or safety of Womaness, its Users or members of the public, and (vi) for the purpose of operating and improving the Website (including for customer support purposes).
6. INTELLECTUAL PROPERTY OWNERSHIP
6.1 The Website
The Website and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Website, and all intellectual property rights therein are the exclusive property of Womaness and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Womaness (the “Womaness Marks”) are the property of Womaness, and that you are not permitted to use the Womaness Marks without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Website in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Womaness or the intellectual property owner, as applicable.
This foregoing license is subject to modification or revocation at any time at Womaness’s sole discretion.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Womaness or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
6.2 Your Content
By capturing, recording, uploading, streaming, sharing or storing Your Content, you hereby grant Womaness a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display Your Content in any and all media as necessary to provide customer support services, and otherwise operate the Website, including for product development and de-bugging purposes.
You agree that this license includes the right for Womaness to provide, promote, and improve the Website and to make Your Content available to other companies, organizations or individuals who have a business relationship with Womaness (“partner”) for the broadcast, distribution or publication of such content on other media and services, subject to our terms and conditions for such use.
Such additional uses by Womaness, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to Your Content.
We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media. You further grant us the right to use, copy, distribute, post, broadcast, publicly perform, publish and display your name, city, state and other information in connection with Your Content as described herein or elsewhere on the Website, subject to any applicable data protection laws.
Womaness does not claim any ownership rights in Your Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit any such content, subject only to the licenses granted to Womaness under these Terms.
You acknowledge and agree that you are solely responsible for Your Content, and for any consequences thereof, including the use of your Content by other users and our third-party partners.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to Your Content, and that neither Your Content, nor Womaness’s use of Your Content (or any portion thereof) on or through the Website will infringe, misappropriate or violate the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, industrial rights, database rights or other proprietary or intellectual property rights, rights of publicity or privacy or data protection or contractual rights, or result in the violation of any applicable law or regulation.
We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Website (“Feedback”). You may submit Feedback by e-mailing us, at email@example.com. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Womaness. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Womaness or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to Womaness all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Womaness’s rights in such improvements, enhancements and modifications.
7. NO MEDICAL ADVICE
WOMANESS IS NOT A LICENSED MEDICAL CARE PROVIDER. WOMANESS DOES NOT PROVIDE MEDICAL ADVICE. THE INFORMATION CONTAINED ON THIS WEBSITE SHOULD NEVER REPLACE A DOCTOR’S ADVICE AND RECOMMENDATIONS. THE INFORMATION PRESENTED OR CONTAINED IN THE WEBSITE IS PRESENTED FOR EDUCATION AND INFORMATIONAL PURPOSES ONLY. NOTHING CONTAINED IN THE WEBSITE IS INTENDED AS A MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AVAILABLE VIA THE WEBSITE SHOULD IN NO WAY BE CONSIDERED COMPLETE, ACCURATE, NOR SHOULD IT BE RELIED ON TO SUGGEST A COURSE OF TREATMENT FOR YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES. YOUR HEALTHCARE PROVIDER IS THE BEST RESOURCE TO CONSULT REGARDING WHAT IS BEST FOR YOU AND YOUR MEDICAL CONDITION. IF YOU HAVE AN EMERGENCY, CALL 911 OR CONTACT YOUR DOCTOR IMMEDIATELY. RELIANCE ON (A) ANY CONTENT PROVIDED BY WOMANESS OR (B) ANY COMMENTS MADE BY USERS OF THE WEBSITE, IS SOLELY AT YOUR OWN RISK AND IS NOT RECOMMENDED.
8. THIRD-PARTY LINKS
The Website may also provide links to third-party websites, resources or services. You acknowledge and agree that Womaness is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Womaness of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.
We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.
9. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
9.1 Warranties by Users
You represent and warrant to Womaness that:
- you have the power and authority to accept and agree to the Terms;
- you own or control all of the rights necessary to grant the rights and licenses granted herein;
- you will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with Your Content or otherwise in connection with your access to or use of the Website;
- the exercise by Womaness of the rights granted by you hereunder will not cause Womaness to violate any applicable laws, rules or regulations, to infringe the rights of any third party; and
all account information provided by you will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, WOMANESS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.
9.3 Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
- THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE IS AND REMAINS WITH YOU.
- WITHOUT LIMITING THE FOREGOING, WOMANESS DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE WEBSITE, (II) THE ACTS OR OMISSIONS OF ANY OTHER USER OR ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, AND (III) ANY WEBSITE OR USER CONTENT ACCESSED, VIEWED OR DOWNLOADED IN CONNECTION WITH THE USE OF THE WEBSITE.
- YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING THE WEBSITE, SUBMITTING AND TRANSMITTING YOUR CONTENT, COMMUNICATING OR INTERACTING WITH OTHER USERS AND ACCESSING, VIEWING OR DOWNLOADING THE USER CONTENT OF OTHER USERS ARE DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE WOMANESS AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
- IN NO EVENT WILL WOMANESS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WOMANESS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, WOMANESS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).
9.4 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WOMANESS AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Womaness its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Website, including any and all features, functionality, tools, content and promotions available on and through the Website, (ii) Your Content, (iii) any interactions with any other User, (iv) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (v) your gross negligence or willful misconduct.
9.7 Obligation to Defend.
You agree that, at Womaness’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) Womaness may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Womaness (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
9.8 No Implied Indemnity.
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
10. GOVERNING LAW & DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WOMANESS HAVE AGAINST EACH OTHER ARE RESOLVED.
The Terms shall be governed by and interpreted in accordance with the laws of the State of Minnesota without regard to conflict of law principles.
Notwithstanding any contrary provision of these Terms, all disputes, claims, controversies and matters relating to or in connection with these Terms (or the breach thereof) or any transactions hereunder shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in the State of Minnesota before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
10.3 Jurisdiction and Venue
Subject to the above arbitration provisions, you and Womaness agree that any and all disputes, claims and actions, at law or in equity, arising out of or relating to or in connection with the Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Website (collectively, “Disputes”) in the federal or state courts located in the State of Minnesota and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions, except that Womaness retains the right to submit a Dispute to any court of competent jurisdiction. Womaness also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
10.4 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST WOMANESS ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND WOMANESS OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
10.5 Future Amendments to this Section
Both of us agree that if we make any amendment to this Dispute Resolution section (other than an amendment to any notice address or site link provided herein) in the future, that amendment will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and Womaness. We will notify you of amendments to this section by posting the amended Terms on www.womaness.com. If you do not agree to the amended terms, you may close your account within 30 days and you will not be bound by the amended dispute resolution terms. If you do not have an account (or once you have closed your account, if applicable), you must cease using the Website immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Womaness in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
11.2 Entire Agreement
You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. Womaness may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction.
Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.
11.4 No Agency
Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
11.5 Survival of Terms
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Womaness (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Website. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
11.11 Third-Party Beneficiaries
Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.
11.12 Contact Us
If you have any questions or concerns, please contact Womaness at firstname.lastname@example.org.
You can also write to us at:
Well Found LLC
PO box 28705
St. Paul, Minnesota 55128
11.13 California Residents
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to the above address or to email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
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