FAQs
Got questions? We have answers. Browse our most asked queries below.
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Topics
- Products
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Customer Service
- Orders, Shipping & Returns
- Rewards and Loyalty
- Subscriptions
- Privacy Policy
- Terms & Conditions
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Have a specific question?Contact us
Products
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?
We formulated our products without nuts or nut derivatives, except for our vaginal moisturizer Coco Bliss, which features almond oil. 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.
Where are your products manufactured?
The majority of Womaness products are manufactured in the United States. Our skincare products are manufactured in New Jersey. Our supplements are manufactured in Utah. Our sexual health products are manufactured in California with the exception of Gold Vibes, which is made in China.
I am on hormone replacement therapy (HRT). Are your Me.No.Pause. and Active Glow supplements safe for me to take?
Because our Me.No.Pause. and Active Glow 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 the right solution for your individual case.
I am not in menopause. Can I still use Womaness products?
Absolutely. Our natural, plant-based products are formulated to help women with common menopause issues, but they are also safe for and used by people who are not in any stage of menopause.
Can I use your vaginal moisturizers 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.
Because our external vaginal moisturizer Coco Bliss is oil based, do not use it with latex products such as condoms and dental dams. It is safe, however, for use with polyurethane products.
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 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 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.
Orders, Shipping & Returns
How much does shipping cost?
Continental U.S.
| Order Value | Delivery Service | Cost | Estimated Delivery Time |
| Over $65 | Standard Ground | FREE | 3-5 Business Days |
| Under $65 | Standard Ground | $8.99 | 3-5 Business Days |
| 2 Day | $38.99 | 2 Day | |
| Overnight | $79.99 | Overnight |
Free Shipping & Handling valid for all Womaness.com orders of $65 or more after applicable discounts. Free Shipping is valid for orders shipping to the continental U.S. only. Orders placed before 12pm CST will be shipped the same day.
Hawaii & Alaska
| Order Value | Delivery Service | Cost | Estimated Delivery Time |
| All Orders | Standard Ground | $15 | 5-7 Business Days |
International Shipping
Womaness currently ships to Canada, Mexico, United Kingdom, Sweden, Switzerland, Australia, New Zealand, India, Philippines, and US Outlying Islands. Shipping rates are based on estimated duties, taxes, customs at the time of purchase and are included in your total. Womaness is not responsible for delays due to customs. Orders are non-returnable and refunds are valid within 30 days of purchase. Refunds do not include the cost of shipping, fees, duties, customs or taxes nor any return shipping.
Orders will ship within 2-3 business days of order and may arrive within 6-14 business days using International DDP Standard shipping. International DDP Express may be available based on customer's address.
(Working days exclude Saturdays, Sundays, and U.S. public holidays.)
Currently, subscription orders are not available outside of the United States.
When will my order ship?
U.S. 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 info@womaness.com. 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?
We do not accept returns, but do offer refunds. If you are not satisfied with your purchase, you can get a ffull refund within 30 days of receipt of delivery.
Please email info@womaness.com for additional information on how to process your refund.
For sales on the Amazon platform, the Womaness brand works hard to ensure that only authentic, high-quality products reach consumers in the condition we intend. As such, for all sales on the Amazon platform, the Womaness brand offers a 45-day Satisfaction Guarantee which will NOT be honored without provision of valid proof of purchase directly from the Fortress Brand Amazon storefront.
What if I have other shipping or order related questions?
Please feel free to email our customer service team at info@womaness.com for any additional questions related to your order and one of our Womaness team members will be happy to assist you.
Privacy Policy
PRIVACY POLICY
Last Updated: October 18th, 2024
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 Policy 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”).
This Privacy Policy (“Policy”) forms part of the Terms & Conditions. If you do not agree to the terms of this Policy, please do not use our Services. If you do not understand, or if you have questions about, this Policy, please contact us before using, or continuing to use, our Services.
We reserve the right to change our Policy from time to time by posting the changes here. If we choose to amend this Policy, we will revise the Last Updated date at the top of this Policy when we post the updated version. We may also provide you with notice by prominently posting on our website, notifying you via email or otherwise highlighting the changes to this Policy for a reasonable time after making revisions, if we have significant changes to this Policy. Except where required by law to obtain your consent, your use of our Services after we have informed you in one of these ways that we made changes to our Policy will mean that you have accepted those changes.
“Personal information” is any information that identifies or reasonably could be linked to a particular person or household. It includes things like email addresses, phone numbers, mailing addresses, payment card information, account numbers, and government-issued identification numbers. These are just examples and there are many other types of information that would be considered personal information. As used in this Policy personal information is synonymous with personal data as those terms are used under data protection laws.
Note: Womaness’ site may contain links to external websites and social media pages. Womaness does not assume responsibility and is not liable for the privacy practices of any external websites linked from our site. It is best practice to consult the privacy policy of any websites you visit.
Quick Links:
- The Types of Information Womaness Collects and Purpose for Collection.
- Cookie Policy
- Disclosure of Personal Information.
- De-Identified Data
- Your Choices with Respect to Marketing Communications.
- Your Privacy Rights.
- Retention of Personal Information.
- Financial Incentive/ Bona Fide Loyalty Program.
- Children’s Privacy.
- Security of Your Personal Information.
- Processors And International Data Transfers
- Updates to this Privacy Policy.
- How to Contact Us.
- California Personal Information Chart.
- The Types of Information Womaness Collects and Purpose for Collection.
Womaness uses personal information it collects directly from you, automatically from your devices, or from third-party service providers in connection with our Services. Below we describe the personal information that we collect from these sources and the purposes we use the information. We also describe the legal bases we use to process your personal information. Please note, those laws that apply to the processing of personal information ( “data protection laws”) may require us to describe our processing using certain terms in a specific way. Although we have tried to use terms consistent with data protection laws, we aren’t always able to use the terms that may be used in your jurisdiction. If you have any questions about this Policy, please use the email in the How to Contact Us section.
- Information Collected Directly From You.
We collect personal information directly from you when you provide it to us (for example, from forms you complete or information you submit when you purchase products or services, or when you call Customer Service for assistance with a product). This information is collected for a number of purposes, as described in more detail below.
Performing Services:
- Account Registration and Management. You are able to create an account with us Womaness either by creating an account through the Sign In page or during the checkout process. Creating an account allows you to track your purchases and receive a more personalized shopping experience. When you register for an account, log in through an existing account, manage and administer your account and to provide Services related to your account we receive, first and last name, date of birth, country, email address, phone number, address, communications preferences, purchase history, payment card information (payment type, last 4) account password, and other information related to you or others which you provided to us. Processing is necessary for the performance of the contract with you.
- Communicate with You. To provide you with order confirmations and order updates, provide customer service, or otherwise communicate with you via chat, text message, email, or by phone regarding your account, purchases, returns, exchanges or service requests, we may collect your name, product information, email, mailing and/or billing address, phone number, and other information relevant to your products or inquiries. 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. Processing is necessary for the performance of the contract with you.
- Processing Orders. When you place an order through our website, you provide information required to complete your transaction, including your name, phone number, shipping address, billing address, payment card details (payment type, transaction ID, and details of the transaction), and marketing communications preferences. Womaness uses a third-party payment processor that is PCI DSS certified to process all payments on its behalf. Processing is necessary for the performance of the contract with you.
Market and Promote Womaness Products:
- Marketing Communications. Womaness uses personal information to market and promote its products and service including for the purpose of: sending marketing, advertising, and promotional communications by email, text message or otherwise sending information about events that may be of interest to you. We collect your name, mobile number, mailing address, email and communication preferences. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Promotions. We may collect personal information in administering our contests, limited edition events, giveaways and sweepstakes, and other similar promotions. Name, email, phone number, address, and other information in order to administer the promotion. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Testimonial / Product Review Information. You may submit content that you create to us for use on our site (such as photos or videos reviewing our product(s)) or through our Q&A tool. We only use content that you create with your consent. Information that you provide may include personal information such as name, location, email address, contents of your questions about products, and photo, video / audio recording content that you upload or send to us. Please note that all user generated content is subject to moderation, and that by submitting content you consent to Womaness moderating your content. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Recommend Personalized Products. If you use one of our product recommendation tools, we may ask you about certain demographic information (including age, date of birth, email, and gender) and wellness goals (which may include health related information) such as when your last cycle was or any menopause symptoms you may be experiencing, and other information about yourself so we can recommend products which are relevant to your specific needs. We do not save any demographic or health related information which you may submit through the tool in connection with your personal information. We do this with your consent. You have the right to withdraw your consent at any time, including but not limited to, not using the tool.
Improve or Develop Products or Services:
- User Feedback. To enhance the user experience, improve our website, or improve our products or services, you may choose to submit feedback or we may request that you provide us with feedback regarding the products you purchased or your interaction with us through our website or through customer service. Where we request feedback, we may ask for your name, email address, phone number, and opinion. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Surveys and Consumer Research. To conduct surveys, market analysis, or other research about our website, products or services, we or our third-party service providers may request that you complete a survey or participate in consumer research. We may request your name, email address, phone number, demographic information, and personal opinions. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Testimonial / Product Review Information. You may submit content that you create to us for use on our site (such as photos or videos reviewing our product(s)) or through our Q&A tool. We only use content that you create with your consent. Information that you provide may include personal information such as name, location, email address, contents of your questions about products, and photo, video / audio recording content that you upload or send to us. Please note that all user generated content is subject to moderation, and that by submitting content you consent to Womaness moderating your content. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Information Automatically From Your Browser Or Device.
This section describes the personal information which may be collected automatically from your browser or device. Where we collect information automatically, we generally do so through the use of cookies or other tracking technologies or through security and activity logs. For more information on our use of cookies and other tracking technologies, please review the Cookie Policy below.
Performing Services:
- Operate the Site. In order to operate the site, we may collect information automatically to ensure that the site functions properly and maintain the security of our site. We may collect IP address, activity logs, certain device information and browser information. We may also derive location information from your IP address. Processing is necessary for the performance of the contract with you.
- Communicate with You. When we communicate with you online, we may collect information automatically from your device or browser in order to operate the service, including IP address, device and browser information, and activity logs. In order to use chat you must consent to our recording and use of this information in order for us to provide this service. Processing is necessary for the performance of the contract with you.
Personalize Your Experience:
- Remember Your Preferences. To save you time when you visit our website by remembering your preferences, automatically fill in forms (such as your address), or to save items to your cart we may collect IP address, device information, and browser information. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
Market and Promote Womaness Products:
- Targeted Marketing. We may combine information that we receive from your activities online with information about your past purchase history or interactions with us in order to personalize the advertisements, products or recommendations which we display. We may collect your user account data (if you are registered with us), including your name, email address, birth date and country, and technical data, which includes IP address, host name, user agent, browser identification, referrer, and the date/time of your access to our website. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Deliver Non-Personalized Advertising. To display non-personalized advertising for products, services or promotions, we may collect technical data about your device or browser in order to display ads properly and identify promotions which you may be eligible for, including IP address, host name, user agent, browser identification, referrer, and date/ time of your access to our website. We may use IP address to derive location data about you. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Lead-Generation. When you interact with our Services, we may collect information about your browser or device which may help us identify you, including IP address . We may use this information to contact you about products or services which you may be interested in, to develop look alike audiences, or retarget you with advertisements on other platforms. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Referral Program. When a customer refers a friend to use our Services, they provide us with information that personally identifies that individual, such as name and email address. We use this information to send the friend promotional offers as well as administer the referral program. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
Improve or Develop our Products or Services:
- Analytics. To improve Womaness’ understanding of its customers’ needs; measure the effectiveness of our advertising and promotion communications; obtain and evaluate analytics data for the purpose of improving our product offerings and services, understanding how our visitors interact with our website, advertisements, and communications we or our third-party service providers may collect technical information about your visit, such as IP Address, host name, user agent, browser identification, referrer, and date/time of your access to our website. We aggregate this information so that the information is no longer personal information related to you. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Information Collected from Third Parties.
We may use third-party service providers to help us with our day-to-day business activities. Where we use third-parties, they may share personal information about you with us.
Performing Services:
- Operate the Site. In order to operate the site, we use third-parties to ensure that the site functions properly and maintain the security of our site. They may collect IP address, activity logs, certain device information and browser information. They may also derive location information from your IP address. Processing is necessary for the performance of the contract with you.
- Process Transactions. Womaness uses third-party payment providers who are PCI-DSS compliant to process all transactions through our websites. When you make a purchase, our third-party payment provider may share with us your name, billing address, transaction information (i.e., amount of transaction, time of transaction, and transaction ID), payment method, phone number and other information in order for us to process your order and send you the items you purchased. Processing is necessary for the performance of the contract with you.
Market and Promote Womaness Products:
- Nonpersonalized advertising. We may use third-parties to deliver information about our products, services and promotions. When third-parties direct you to our Services through an advertisement we placed, we may receive information such as the referral URL which we may combine with other information which may personally identify you. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Targeted advertising. We also permit third-parties to use tracking technologies on our website to help us evaluate website and behavioral analytics, to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders. Some of these third-parties use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites. For more information about the use of third-party cookies and tracking technologies on our website, please review our Cookie Policy. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Testimonial / Product Review Information. We may use a third-party to obtain testimonials and product reviews on our behalf. When you submit this information to our third-party partner, they may share with us any information that you provide them including personal information such as name, location, email address, contents of your reviews, and photo, video / audio recording content that you upload or send to us. Please note that all user generated content is subject to moderation, and that by submitting content to our third-party partner, you consent to Womaness moderating your content. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Engage with you on Social Media. If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks (including Facebook, Twitter, and Pinterest) in connection with our website, we collect information that you share with us or that the social media platforms share with us. For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms and networks that you use. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Other Uses of Personal Information
Womaness may also use any of the personal information it collects or receives for the following business purposes:
- Prevent and Detect Fraud or Other Security Incidents. Womaness uses personal information to prevent, detect, investigate, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including fraudulent transactions, attempts to manipulate or violate our policies and terms, security incidents, and potential harm to the rights, property, or safety of Womaness and its customers, employees, or others. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Operate Our Business. Womaness uses personal information to perform core business functions, including: maintaining records for accounting or warranty purposes; debugging to identify and repair errors; collecting amounts owed to Womaness; conducting internal audits, and; providing and maintaining the functionality of Womaness’ website. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Comply with Legal Obligations. Womaness may use personal information to the extent needed to comply with its legal or regulatory obligations, to establish or exercise its rights, and to defend against a legal claim. We do this to comply with a legal obligation which we are subject to.
- Business Transactions. In the event we enter into a merger, are acquired, enter into bankruptcy, or sell a major part of our assets, your information may be among the assets transferred. To the extent we are able, we will notify (i) the new owner of the restrictions placed on your information, and (ii) you of the sale. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Improve our Products or Services. We may use personal information that we collect to undertake internal research; verify or maintain the quality of our products or services, and; improve, upgrade or enhance our products or services. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Cookie Policy
This section describes how Womaness uses cookies and similar technologies to collect and store information when you visit our websites. Like many companies, Womaness uses certain technologies – cookies, web beacons, clear GIFs, tracking pixels, and similar technologies (collectively, “cookies”) – to collect information when you interact with our website and email communications.
- How do Cookies Work?
To understand how tracking technologies work, it is helpful to describe the types of technologies we use and what they are used for:
- Cookies – a "cookie" is a small text file that websites send to your computer, device, or other internet-connected tool you are using that contains data used by the website for its business purposes. Cookies are set to expire, but can also be deleted by a browser through its settings.
- Web Beacons – a "web beacon" or "pixel" is a tag used on a web browser or HTML email that records your activities when viewing the web page or email where it is placed. Pixels only last for the session and are not stored on your device.
Cookies are classified by their purpose:
- Strictly Required – These cookies are required for the website to function. You cannot disable these.
- Functional - Allow the website to remember choices you make (such as your username, language, or the region you are in) and provide enhanced, more personal features. For example, a website may provide you with local weather reports or traffic news by storing data about your general location.
- Analytics and Statistics - Help the us understand how its website performs, how visitors interact with the site, and whether there may be technical issues.
- Marketing and Retargeting - Used to deliver advertising that is more relevant to you and your interests. May also be used to limit the number of times you see an advertisement and measure the effectiveness of advertising campaigns.
Our websites use first-party cookies and third-party cookies. The difference between first-party cookies and third-party cookies relates to the control of the party who serves the tracking technology. First-party cookies are cookies that are specific to the website that created them. Their use enables us to operate an efficient service and to track the patterns of behavior of visitors to the website. Third-party cookies, on the other hand, are placed on your device or served by a third-party (i.e., not by Womaness). While we may allow third-parties access to the website, we do not retain control over the information supplied by the cookies, nor do we retain access to that data. This information is controlled wholly by that third-party in accordance with their respective privacy policies.
- How Does Womaness Use Cookies
We use cookies consistent with this Privacy Policy. For example, a cookie may be used to determine your preferred language, maintain the security of our website and your account, measure website analytics, measure the effectiveness of our advertising and promotional communications, and gain information for marketing and advertising purposes, including by identifying the website from which a person was referred to Womaness’ site and to track other websites visited by an individual.
If you have an account with us, we will, to the extent legally permissible, combine Cookie Data with your account to improve your experience with our services. Where permissible, your account will be identified either from you signing in to your account or by using your IP address collected through a cookie.
Third-Party Analytics. Our websites use third-party web analytics services that uses cookies, to help the websites analyze how users use the websites. The information that is collected about your use of the website will be de-identified or pseudonymized by the third-party analytics provider (Google and Adobe) for the purpose of evaluating your use of the sites, compiling reports on website activity and providing other services relating to website activity and internet usage. The third-party analytics providers that Womaness uses will not link your IP address with any other data held by them about you. Information collected by us through use of third-party analytics includes: number of visitors, referring URLs, and pages visited.
For further information, please see Google Analytics’ site:
- Disabling, Deleting, or Opting-Out of Cookies
Please note, if you disable cookies, you may not be able to use the full functionality of our websites. In particular, you may have limited access to some areas or be transitioned to a different experience.
Cookie Banner Settings:
Where required by data protection laws, we may use a cookie banner when you first visit our site, or when we no longer recognize you as a returning visitor, to manage your cookie preferences. You can choose which cookies to allow when you interact with us through this banner. Please note, you are not able to opt-out of Strictly Required cookies.
Browser Settings:
In addition, most web browsers allow at least some control of most cookies through browser settings. You may refuse the use of cookies by selecting the appropriate settings on your browser to decline cookies. You may also delete existing cookies through your browser. Please visit the following websites to learn more (depending on the browser you use):
You also may choose to delete cookies placed on your device and to block new third-party cookies from being placed by using your internet browser’s privacy and security settings.
Opt-Out Preference Signal:
You may use an Opt-Out Preference Signal, such as the Global Privacy Control (GPC), to opt-out of the sale/sharing of your personal information or the use of cookies for targeted marketing. You may send a GPC signal to our website by selecting the appropriate settings on your browser or device. Where required by law, your signal will be processed in our system as though you opted out of all third party cookies. If you do not have an account or if you are not logged into your account, your request to opt-out of sale/sharing will be linked to your browser identifier only and not linked to any account information because the connection between your browser and the account is not known to us.
- Disclosure of Personal Information.
Except as disclosed in this Policy, 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. Womaness may disclose your personal information in certain circumstances, as described below.
- Service Providers. Womaness utilizes other companies to perform certain services for it or on its behalf. These service providers may collect or receive your personal information so that they can provide services to Womaness, which include:
- Providing marketing services (such as developing campaigns, sending emails or text messages, delivering advertisements, facilitating customer product reviews);
- Hosting or maintaining our website, servers, databases, and/or software platforms;
- Providing fraud monitoring or detection services;
- Analyzing customer data and survey responses; and
- Providing customer service.
- Business Partners (Third-Party Businesses / Controllers). Womaness partners with other businesses to provide professional services. These third-party businesses may collect or receive your personal information so that they can provide services to you and to Womaness consistent with this Policy, which include:
- Third Party Payment Providers – Womaness uses PCI-DSS compliant payment processors to provide you with options to make a secure payments for the products you purchase through our website. By using one of our payment options, or otherwise processing your credit or debit card, your personal information will be collected and processed by one of our payment processors subject to their privacy policies.
- Shipping Carriers – Womaness uses third-party shipping carriers, such as the USPS, UPS, and FedEx for shipping, handling, and delivering products you order. Personal information collected and processed by a shipping carrier is subject to their privacy policies.
- Professional Services – We may disclose personal information to establish, exercise, or protect the rights of Womaness or its employees, affiliates, agents, and other customers; defend against a legal claim; protect the safety and security of our visitors; detect and protect against fraud; and take action regarding possible illegal activities or violations of our policies. legal, accounting, or consulting services.
- Third-Parties. Womaness uses or allows others to place third-party advertising cookies and pixels on its website. Third-parties include advertisers and marketing agencies, data analytics providers, and social media platforms. This may include third-party businesses we may partner with to host a co-sponsored event.
- As Legally Required. We may disclose personal information in response to warrants, subpoenas, court orders, government investigations, or to comply with applicable laws and regulations.
Womaness may also disclose your personal information to other third-parties not described above if you consent to such disclosure.
- De-Identified Data
"Deidentified Data" means information that cannot reasonably be used to infer information about, or otherwise be linked to a particular data subject. Womaness may de-identify and aggregate data for its business purposes, including but not limited to, to improve the products and features of its Services, to maintain the security and integrity of its systems, for analytics, and other legitimate business purposes. Where we process Deidentified Data, we commit to maintain and use the information in deidentified form and not attempt to reidentify the information, except where permitted by law. We may disclose Deidentified Data to third-parties who commit themselves to maintaining these same standards for any business purpose.
- Your Choices with Respect to Marketing Communications.
We want you to have the choice on how we contact you, and how often we contact you. You may update your communications preferences as follows.
Email Opt-Out:
If you do not want to receive marketing or promotional emails from Womaness, please click on the “unsubscribe” link at the end of one of our emails. You will be taken to a website where you can opt-out of future marketing emails. Please note that this will not opt you out of receiving transactional emails from us, such as order confirmations or shipment tracking information.
Text Opt-Out:
You can opt-out of receiving text messages from us at any time by replying to a text with the words “STOP,” “UNSUBSCRIBE,” or “END.”
- Additional Information for California Residents
California residents also have the additional rights regarding disclosure of your personal information to third-parties for their own direct marketing purposes. We do not share “personal information” as defined by California’s “Shine the Light” law with non-Affiliate third-parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with the Shine the Light law and/or withdraw previously given consent to sharing with non-Affiliate third-parties for their direct marketing purposes by contacting using the methods in the How to Contact Us section below.
- Your Privacy Rights.
This section provides you with additional information, describes your rights and explains how to exercise those rights. Unless otherwise noted below, the rights described in this section apply to all users. Note: Some data protection laws may use other terms to describe these rights differently.
Access / Know: You have the right to access the personal information collected about you. You also may request to know the categories of personal information collected about you, the information or categories of information shared with third parties, or the specific third parties or categories of third parties to which the information was shared; or, some combination of similar information. However, there are certain exemptions, meaning that data subjects may not always receive all of the information we process.
Correct Personal Information: You also have the right to request correction of any of your personal information we hold about you if you consider it to be inaccurate or incomplete.
Data Portability: Under certain circumstances, you may request us to transfer your personal information, provided by you, to another controller. Also, you have the right to receive your personal information, which have been provided by you, in a structured, commonly used and machine-readable format and to transmit those data to another controller.
Deletion / Erasure: You generally have a right to request your personal information or part of it to be erased (e.g., when your personal information are no longer necessary for the stated purposes in this Policy, the personal information have been unlawfully processed); however, we may not always erase your personal information because sometimes the processing is still necessary. For example, for complying with statutory obligations or for lodging, exercising or substantiating legal claims. Therefore, we will weigh your interest in having your personal information erased against the necessity of maintaining the personal information for our legitimate interests. Please be aware that if you request us to delete your personal information, you may also not be able to continue to use the Platform.
Restriction: Under certain circumstances, you may have the right to restrict a business’s ability to process personal information about the you. For example, if the accuracy of your personal information is contested, the processing is unlawful or personal information is no longer needed for purposes of the processing. However, we can still use restricted data in certain circumstances (e.g., when your personal information is needed for legal claims or to protect another data subject’s rights).
Automated Decision Making/ Profiling: You may have the right to not be subject to a decision based solely on an automated process without human input.
Objection: Under certain circumstances, you may object to the processing of your personal information by us or third parties engaged by us. We will consider several factors when assessing an objection to our processing in furtherance of our legitimate interests, including: our users’ reasonable expectations; the benefits and risks to you, us, other users, or third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportional effort. Your objection will be upheld, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons. For example, you may object to the use of your personal information for direct marketing purposes.
Register a Complaint (EEA residents only): If you believe that the processing of your personal information violates applicable laws and regulations, please contact us using a method described in the How to Contact Us section. We will always try to find a solution together. Should this not be possible, and you live in the EEA, you have the right to complain to a Data Protection Authority about our processing of your personal information.
Opt-Out of Targeted Marketing (US residents only): Where required by law, you may request to opt-out of targeted marketing through a cookie banner. However, all visitors may be able to restrict the use of third party cookies used for targeted marketing through their browser settings (or extensions). Where we are able to associate an individual with their preferences, we will save this information across sessions. For more information see the Cookie Policy.
Withdraw Consent: If we have requested your explicit consent for data processing, you have the right to withdraw your consent at any time. The withdrawal of consent will not affect the lawfulness of the processing prior to the withdrawal.
Sensitive Data Processing: You may have the right to opt in (or consent) before a we can process your sensitive data. You may also opt out of your sensitive data being shared with third parties.
Opt Out of Sale or Sharing (US residents only): Some disclosures of personal information may be considered a “sale” or “sharing” of data, including in California. Where required by U.S. by law, you may opt out of the Sale or Sharing of personal information to third parties, as those terms are defined by U.S. federal, state and local laws. If you are a California resident, you may exercise this right by clicking on the “Do Not Sell or Share My Personal Information” link located at the bottom of our homepage or by submitting a request as described below. All other eligible U.S. residents may exercise their rights through the Cookie Preferences in the cookie banner or by submitting a request as described below.
In addition, we will not discriminate against you if you exercise your privacy rights under any applicable privacy and data protection laws.
- Submitting a Privacy Rights Request
Submission of Requests: You may submit a request to exercise a privacy right by emailing us at info@womaness.com. Please provide your name, email address and a clear description of the type of request you are making in your email.
Verifying Your Identity: To protect your privacy and security, we will take reasonable steps to verify your identity before providing your personal information, altering your personal information, or deleting your information. Only you or someone legally authorized to act on your behalf may make a request related to your personal information. For example, if you make a request, we will ask you to confirm your name, email address, or other information we have in our records to verify your identity.
Requests from Authorized Agents: You may designate an authorized agent to make a request for you. If you designate an authorized agent to make a request on your behalf, we may require you to verify your identity and provide the authorized agent’s identity and contact information to us. If you have authorized someone else to make a request on your behalf, they can submit your request through the info@womaness.com email address. Please note, your authorized agent will be asked to provide a power of attorney or other authorization form when they submit a request on your behalf.
Response to Requests: We will confirm receipt of your request within 10 business days of receipt and generally will respond to your request within 30 days of receipt. If we need more time to respond, we will inform you of the reason and provide you with an update on when you can expect a response.
You will not have to pay a fee to access your personal information or to exercise any of the other rights. However, we may charge a reasonable fee if your request is repetitive or excessive; alternatively, we may refuse to comply with your request in these circumstances.
- Retention of Personal Information.
We will only keep your personal information for as long as it is necessary for the purposes set out in this Policy, unless a longer retention period is required or permitted by law (such as business records, tax, accounting or other legal requirements). In determining data retention periods, we take into consideration the applicable law, contractual obligations, and your expectations.
When there is/are an indication(s) of potential legal claim(s) or liability, the retention period will be extended accordingly.
When we have no ongoing legitimate business need to process your personal information, i.e. when we no longer have a legal basis in accordance with applicable law, we will either delete or anonymize it and we will make such determination based on applicable laws. When the processing of personal information is based on your consent, the data will be stored for as long as there is valid consent for the processing.
- Financial Incentive/ Bona Fide Loyalty Program.
From time to time, we may provide promotions, such as sweepstakes, contest, or other similar promotional campaigns. Womaness may offer a financial incentive to participate in these promotional campaigns, including payments, discounts, rewards, or other perks, offers, or compensation. When you sign up for one of these promotions, we may ask you to provide your name and contact information (such as email address and/or telephone number). Because these promotions involve the collection of personal information and offering of certain benefits, they might be interpreted as a “financial incentive” program under California law or a “bona fide loyalty program” under Colorado law. Under the California law, the value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Program, less the expense related to offering those products, services, and benefits to Program participants.
You may withdraw from participating in a promotion at any time by contacting us using the designated method set forth in the applicable promotion rules. You should review the rules of each promotion to view full details, including how to join and to whom we may share your information with.
- Children’s Privacy.
Our website is not aimed at or intended for children. Womaness does not knowingly collect, receive, disclose, sell or share information from children under the age of 16. If we learn that we have inadvertently collected personal information relating to a child under the age of 16, we will delete that information from our records. If you believe we might have any information from or about a child under age 16, please let us know via the email provided in the How to Contact Us section below.
- Security of Your 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.
- Processors And International Data Transfers
Our website is hosted and maintained in the United States. If you are visiting our website from a country other than the United States, you should understand that your data submitted through or generated by your use of the website or the provision of Services will be transferred to the United States, which may not have the same data protection laws as the country in which you are located. This will necessarily result in the transfer of information across international boundaries. By visiting the website, ordering Services, or otherwise communicating electronically with us, you consent to the transfer and processing of your data as set out in this Policy in the United States.
We will only engage processors who adequately implement appropriate technical and organizational measures and who guarantee the protection of your rights. In order to ensure this, we enter into data processing agreements with our processors. This is compulsory under the data protection laws. The data processing agreement regulates, among other things, data security, confidentiality and your rights.
If your personal information are transferred to ‘third countries’ – i.e., countries outside the European Economic Area (“EEA”) – we will only do so if the third country offers an adequate level of protection. In some countries outside the EEA – which as at the date of the last update of this Policy include Andorra, Argentina, Canada (commercial organizations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland , the United Kingdom under the GDPR and Directive (EU) 2016/680, the United States (commercial organizations participating in the EU-US Data Privacy Framework) and Uruguay (for more information and up to date list of the countries please, check here) – your personal information are sufficiently protected in accordance with European data protection laws and regulations. Where this is not the case, we provide appropriate safeguards to ensure adequate data protection, such is the most recent standard contractual clauses as approved by the European Commission and by additional safeguards, a copy of which can be obtained by sending us an email to the address in the How to Contact Us section. If no appropriate safeguards are in place, we will only transfer your personal information if a legal exception applies. An example of a legal exception is explicit consent.
- Updates to this Privacy Policy.
Womaness reserves the right to make changes to this Policy by posting an updated Policy on this website. Changes are effective immediately upon posting or upon a later effective date if one is indicated. You should review this Policy periodically to understand our current practices.
- How to Contact Us.
We welcome requests, questions, comments, and feedback on this Policy 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 info@womaness.com
Prior Versions of our Privacy Policy are available by request.
- California Personal Information Chart.
This section summarizes how Womaness processes Personal Information in accordance with California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, “CCPA”). The terms used in this section shall have the same meanings as given to them under the CCPA.
In the last 12 months, we have collected or received, disclosed, shared or sold the following categories of Personal Information:
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Legal Category |
Source(s) |
Purpose for Collection |
Categories of Third Parties to Whom we Disclosed for a Business Purpose |
Categories of Third Parties to Whom we Shared or Sold |
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. |
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A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, marital status, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. |
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Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
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Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
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Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, DNA data, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
Not Collected |
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Browsing history, search history, information on an employee's interaction with a website, application, or advertisement. |
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Data that can identify a consumer's physical location or movements. |
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Audio, electronic, visual, olfactory, or similar information. |
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Current or past job history or performance evaluations. |
Not Collected |
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Information that is not publicly available maintained by an education agency or institution related directly to a student. |
Not Collected |
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Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
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Personal information that reveals a consumer's: Social Security number, driver's license number, state identification card number, or passport number; a consumer's account log-in, financial account, debit card, or credit card number in combination with any security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; the contents of a consumer's mail, email, and text messages (not business related); genetic data; biometric data used to uniquely identify a consumer; health data; or data related to sex life or sexual orientation. |
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Womaness does not knowingly collect, receive, disclose, sell or share information from children under the age of sixteen 16 years of age.
Terms & Conditions
WOMANESS TERMS OF USE
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.
PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, WEBSITE RULES AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE WEBSITE. FOR EXAMPLE, THE TERMS INCLUDE:
- 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
- ACCOUNTS
- PAYMENT TERMS
- USER CONDUCT GUIDELINES
- INTELLECTUAL PROPERTY OWNERSHIP
- NO MEDICAL ADVICE
- THIRD-PARTY TERMS
- WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
- GOVERNING LAW & DISPUTE RESOLUTION
- MISCELLANEOUS
As used in these Terms of Use:
- “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.
Your access to and use of the Website is governed by the terms and conditions of these Terms of Use, our Privacy Policy, currently located at www.womaness.com/privacy (as described in more detail below), any and all other policies and rules referenced herein, posted on the Website, or otherwise communicated to users (the “Website Rules”).
Certain of the features, functionality, tools, content and promotions available on or through the Website may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you choose to access or use those features, functionality, tools or content or participate in those promotions, the applicable Supplemental Terms are also incorporated and deemed part of these Terms of Use.
If there is a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms will govern and control with respect to the applicable features, functionality, tools, content and promotions.
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.
2.4. Children’s Online Privacy Protection Act Notification
You may only use the website and associated marketing channels including but not limited to email, organic channels such as Instagram, Facebook, the website, SMS (collectively the "Properties"). if you are 13 years of age or older. To register for an account, purchase products via the Properties, subscribe to receive any Content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”), you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use or make purchases on the Properties. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.
Pursuant to 47 U.S.C. Section 230(d) as amended, Womaness hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.
3. ACCOUNTS
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. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
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
4.1 Prices
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
YOU ARE RESPONSIBLE FOR PROVIDING WOMANESS WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. Please note that the payment information, including name and contact information, that you submit when you register may be used and shared with our payment processing services provider and otherwise used in accordance with our Privacy Policy. We may contact you via email regarding your account, for example, in connection with a problem with your credit card or payment account.
4.3 Orders
All of the products sold through the Website are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products and to substitute products without prior notice. Unless Womaness agrees or states otherwise in writing, all fees and charges are nonrefundable, and no orders are complete until payment is received in full.
SUBSCRIPTION PROGRAM – TERMS & CONDITIONS
Womaness is pleased to offer an automatically recurring subscription ordering program (“Subscription Program”) for Womaness products purchased through womaness.com. The following Terms and Conditions constitute the entire agreement between you and Womaness relating to the Subscription Program. Please note that your use of the Website is also governed by our Terms and Conditions and Privacy Policy, as well as all other applicable terms, conditions, limitations, and requirements on the Website, all of which (as updated from time to time) are incorporated into these Terms. By selecting the Subscribe & Save option and placing an order through our Subscription Program, you acknowledge and accept these terms, conditions, limitations, and requirements. Please read these Terms carefully.
Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew and you will continue to be charged on a recurring basis per the delivery frequency you select (i.e., 1 month ("Monthly", Every 2 months, Every 3 months, etc), and without notice until you cancel. You authorize Womaness or its third-party payment processing provider(s) to store your payment method(s) and to automatically charge your payment method(s) based on the delivery frequency you select until you cancel. We will automatically charge you the total, then-current price of the item(s) in your subscription order on the date that order is processed, less the Subscription Program discount as indicated on the site (i.e., 10% off your first order and 10% off all subsequent subscription orders), plus applicable taxes and shipping fees, each delivery frequency period upon renewal until you cancel. Note that promotional periods may occur where there may be discount applied to your first order. YOU ACKNOWLEDGE AND AGREE THAT WOMANESS WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS.
If your payment method fails, your subscription order payment will be attempted again and you will need to contact us on info@womaness.com or update your payment information. You can update or edit your payment information anytime via the “Manage Subscription” page in your online account.
We may change the price of a product in your subscription order at any time, and we will notify you of any price change with the option to cancel. If you do not agree with a price change, you have the right to reject the change by cancelling your subscription prior to the next scheduled ship date as described in the “Cancellation Policy” section below. Please make sure that you read any notifications of price changes carefully.
Offer is valid only for individual purchasers. Products are not intended for resale. Offer not valid with any other offer, e-Gift Cards or wholesale orders, and may not be used in combination with third-party loyalty, reward, or cash-back programs. New products & special releases may be excluded as well as the following, but not excluded to: new releases, limited edition/exclusive items, gifts/kits/sets, eGift Cards, items noted as not eligible, or items that are not in stock at the time of purchase. Cannot be applied to previously placed or pending orders. Valid in continental U.S. only.
Subscription Cancellation Policy
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU CAN CANCEL YOUR SUBSCRIPTION ANYTIME BY LOGGING INTO YOUR ACCOUNT, NAVIGATING TO THE “SUBSCRIPTIONS” PAGE, SELECTING “MANAGE SUBSCRIPTION” AND “CANCEL SUBSCRIPTION.” YOU MUST CANCEL WITH AT LEAST THREE (3) BUSINESS DAYS’ NOTICE PRIOR TO THE NEXT SCHEDULED SHIP DATE TO RECEIVE A FULL REFUND. SHOULD YOU CANCEL AFTER THAT TIME FRAME, YOUR PAYMENT IS NON‑REFUNDABLE, AND YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT MONTH’S BILLING PERIOD.
In the event you cancel your subscription, please note that we may still send you promotional communications about Womaness, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
We may, in our sole discretion, cancel all or part of your subscription order at any time for any reason, in our discretion. If we do so, you will only be charged for orders that have been shipped to you. We may also limit the number of products in your subscription order. In the event we determine, in our sole discretion, that you have engaged in abuse of our subscription program, your account may be suspended. We reserve the right, at our sole discretion, to modify or make changes to these Terms at any time. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.
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 any Website content, including any information from or about any other User, for purposes that are inconsistent with our Privacy Policy, or otherwise violate the privacy rights or any other rights of other Users or any other third party, including by disclosing, selling, renting, distributing or exposing any Website Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Website;
- 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 support@womaness.com. 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.
5.3 Investigations
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.
6.3 Feedback
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 support@womaness.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
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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.
9.2 Disclaimers
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.
9.5 Exclusions
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.
9.6 Indemnification
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.
10.1Governing Law
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.
10.2 Arbitration
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. MISCELLANEOUS
11.1 Privacy
Our collection and use of information about Users is governed by our Privacy Policy. By accessing and using the Website, you consent to the collection and use of this information, including the transfer of this information outside the United States and/or other countries, for storage, processing and use by Womaness. As part of providing you the Website, we may need to provide you with certain communications, such as service announcements and administrative messages.
11.2 Entire Agreement
These Terms, including these Terms of Use, our Privacy Policy, the applicable Supplemental Terms and any and all Website Rules, constitute the entire and exclusive understanding and agreement between you and Womaness regarding your access to and use of the Website and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Womaness and regarding the subject matter hereof.
11.3 Assignment
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 provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of these Terms of Use shall survive such expiration or termination.
11.6 Notices
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.
11.7 Waiver
Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of Womaness. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.
11.8 Remedies
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.
11.9 Severability
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.
11.10 Headings
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 support@womaness.com.
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 support@womaness.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.
Copyright ©2021 Well Found LLC. All rights reserved.
Rewards and Loyalty
How does the Womaness Rewards Program work?
Active rewards members enjoy exclusive perks and unlock access to free products and discounts. Based on your annual spending, you will fall into one of three tiers. For each purchase you make, you’ll earn points per dollar spent.
You can redeem points for discounts or free select products on future purchases — just log in to your account when checking out to have access to your Rewards Points. Points expire after 12 months of inactivity (earning or redeeming points), so make sure to spend your points and try something new!
How do I become a Womaness Rewards member?
Signing up for our rewards program is simple! Simply navigate to the Rewards page located in the top right corner and create a free account with us. You’ll receive a confirmation email, and then you’re good to go! You earn 25 points just by creating an account. Once you’re an Rewards member, you will have full access to our offerings, free products, and more. Just be sure to sign in with the same account/email each time you shop.
As you spend, you’ll level up to higher tiers to access even more rewards benefits.
How do the tiers work?
The higher your tier, the more benefits you’ll unlock. Rewards members have three different tiers: Glow-Getter, Visionary, and Menopositivity MVP. When you sign up, you’ll automatically start as a part of the Glow-Getter tier. You’ll be able to level up to the next tier when you spend and earn a certain point threshold: Glow-Getter ($1), Visionary ($100), Menopositivity MVP ($200). With each tier, you’ll also unlock new benefits and redemption opportunities, plus exclusive discounts and opportunities. Your tier status term is based on a rolling year (a 12-month period once you reach a tier status).
How do I earn points?
You can earn points by doing the following:
- Earn 25 points when you create your account upon joining our rewards program and spend $1
- Earn points every time you make a purchase! Glow-Getters earn 1 point for every $1 spent, Visionaries earn 1.5 points for every $1 spent, and Menopositivity VIPs members earn 2 points for every $1 spent
- Enter your birthday for 100 points
- Earn 10 points by following our Instagram, TikTok, & Facebook accounts
- Earn 75 points when you join The After Party, our private Facebook group
- Earn up to 200 points when you refer a friend through our link
- Earn 100 points when you sign up to receive text messages
When do my rewards points expire?
Your points will expire after 12 months of inactivity. This 12-month window will reset after every purchase or redemption of points, so be sure to keep your account active.
Can I use more than one reward on a purchase?
Yes. You are able to use a discount code and redeem a free product within the same order. However, only one discount code can be applied at a time. Any unused discount codes will remain in your account and can be applied to future orders, so don’t worry about losing those.
If I make a return, will I lose my points?
In the event of a return/exchange with a 60-day window of any eligible purchase that initially earned points, such points will be deducted automatically from the account that was used for the eligible purchase (whether or not the order number is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned. Upon the return and/or exchange of products awarded through the redemption of points, all redeemed points will be forfeited.
Do you offer a Refer a Friend program?
Yes! Please go to this link to see the details of how you can earn a $10 credit when you refer a friend.
Subscriptions
How do access my account?
Access your account here
Having trouble?
There are three reasons why you may not be able to access your account:
- Your password is incorrect
- Reset your password
- Your account was never activated via email
- Search your email for: "Customer account activation"
- Your account is under a different email address
Still having trouble?
Contact us at info@womaness.com and we'd be happy to send out the activation code or a password reset.
My subscription order has already shipped. Can I still cancel?
In order to best serve you, we began processing your order as soon as it was placed. We are sorry for any inconvenience that we cannot cancel your order at this time.
If this is a subscription order, we can delay your next shipment and make any adjustments to your frequency going forward. You can also manage your account at your convenience by going to womaness.com/account/login
How does my subscription work?
There are many perks of our subscription program. Not only can you save 10% off your order, you have the flexibility to choose when your shipments come and the frequency of them. You have the ability to manage your subscription at your convenience! You can easily skip a month, delay shipments, add/remove products, and simply adjust as needed to fit your lifestyle.
Subscriptions are a convenient way to save money and ensure a consistent supply of your favorite Womaness products. You can cancel at any time for any reason. We also send you a convenient reminder email, so you have a heads up when your shipment is getting ready to be processed.
How do I edit my subscription?
1. Log in to your store account here.
2. Click on Manage Account, and when the new menu appears click on Mange Subscriptions.
3. Here you can edit:
- Next order date
- Swap out products
- Change shipping intervals and dates
- Skip a shipment
- Cancel subscription
How can I cancel my subscription?
1. Log into your account
2. Click on Manage Account
3. Click on Manage Subscription
4. Under the Subscription section, find the subscription you would like to cancel
5. Click the "Edit" button
6. Scroll down and click on "Deactivate subscription"
7. Select reason for canceling the subscription
Did you know you can delay, change the product, manage the quantity or edit the frequency of your subscription?
1. Log into your account
2. Click on Manage Account
3. Click on Manage Subscription
4. Under the Subscription section, find the subscription you would like to edit
- Order Date
- Delivery Frequency
- Swap Product
- Skip Next Shipment
How do I swap/switch products?
Want to keep your subscription but try a new product? No problem. We made this simple to do.
1. Log into your account
2. Click on Manage Account
3. Click on Manage Subscription
4. Under the Subscription section, find the subscription you would like to edit
5. Select Swap Product
6. Search for and choose the product you would like
7. You will be re-directed back to your Subscription Dashboard where you should see your new subscription product
Note: Changing your subscription will not automatically change your next order date.
Will I get a reminder email before my next shipment?
Yes, you will receive a reminder email, order confirmation, and shipping notification before your next shipment arrives. You can also log into your account anytime to view and track your upcoming shipment.
When will my credit card be charged?
Your card will be charged on the process date based on the frequency you chose.
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Topics
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Products
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?
We formulated our products without nuts or nut derivatives, except for our vaginal moisturizer Coco Bliss, which features almond oil. 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.
Where are your products manufactured?
The majority of Womaness products are manufactured in the United States. Our skincare products are manufactured in New Jersey. Our supplements are manufactured in Utah. Our sexual health products are manufactured in California with the exception of Gold Vibes, which is made in China.
I am on hormone replacement therapy (HRT). Are your Me.No.Pause. and Active Glow supplements safe for me to take?
Because our Me.No.Pause. and Active Glow 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 the right solution for your individual case.
I am not in menopause. Can I still use Womaness products?Absolutely. Our natural, plant-based products are formulated to help women with common menopause issues, but they are also safe for and used by people who are not in any stage of menopause.
Can I use your vaginal moisturizers 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.
Because our external vaginal moisturizer Coco Bliss is oil based, do not use it with latex products such as condoms and dental dams. It is safe, however, for use with polyurethane products.
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 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 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.
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Customer Service
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Orders, Shipping & Returns
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Rewards and Loyalty
How does the Womaness Rewards Program work?
Active rewards members enjoy exclusive perks and unlock access to free products and discounts. Based on your annual spending, you will fall into one of three tiers. For each purchase you make, you’ll earn points per dollar spent.
You can redeem points for discounts or free select products on future purchases — just log in to your account when checking out to have access to your Rewards Points. Points expire after 12 months of inactivity (earning or redeeming points), so make sure to spend your points and try something new!
How do I become a Womaness Rewards member?
Signing up for our rewards program is simple! Simply navigate to the Rewards page located in the top right corner and create a free account with us. You’ll receive a confirmation email, and then you’re good to go! You earn 25 points just by creating an account. Once you’re an Rewards member, you will have full access to our offerings, free products, and more. Just be sure to sign in with the same account/email each time you shop.
As you spend, you’ll level up to higher tiers to access even more rewards benefits.
How do the tiers work?
The higher your tier, the more benefits you’ll unlock. Rewards members have three different tiers: Glow-Getter, Visionary, and Menopositivity MVP. When you sign up, you’ll automatically start as a part of the Glow-Getter tier. You’ll be able to level up to the next tier when you spend and earn a certain point threshold: Glow-Getter ($1), Visionary ($100), Menopositivity MVP ($200). With each tier, you’ll also unlock new benefits and redemption opportunities, plus exclusive discounts and opportunities. Your tier status term is based on a rolling year (a 12-month period once you reach a tier status).
How do I earn points?
You can earn points by doing the following:
- Earn 25 points when you create your account upon joining our rewards program and spend $1
- Earn points every time you make a purchase! Glow-Getters earn 1 point for every $1 spent, Visionaries earn 1.5 points for every $1 spent, and Menopositivity VIPs members earn 2 points for every $1 spent
- Enter your birthday for 100 points
- Earn 10 points by following our Instagram, TikTok, & Facebook accounts
- Earn 75 points when you join The After Party, our private Facebook group
- Earn up to 200 points when you refer a friend through our link
- Earn 100 points when you sign up to receive text messages
When do my rewards points expire?
Your points will expire after 12 months of inactivity. This 12-month window will reset after every purchase or redemption of points, so be sure to keep your account active.
Can I use more than one reward on a purchase?
Yes. You are able to use a discount code and redeem a free product within the same order. However, only one discount code can be applied at a time. Any unused discount codes will remain in your account and can be applied to future orders, so don’t worry about losing those.
If I make a return, will I lose my points?
In the event of a return/exchange with a 60-day window of any eligible purchase that initially earned points, such points will be deducted automatically from the account that was used for the eligible purchase (whether or not the order number is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned. Upon the return and/or exchange of products awarded through the redemption of points, all redeemed points will be forfeited.
Do you offer a Refer a Friend program?
Yes! Please go to this link to see the details of how you can earn a $10 credit when you refer a friend.
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Subscriptions
How do access my account?
Access your account here
Having trouble?
There are three reasons why you may not be able to access your account:
- Your password is incorrect
- Reset your password
- Your account was never activated via email
- Search your email for: "Customer account activation"
- Your account is under a different email addressStill having trouble?
Contact us at info@womaness.com and we'd be happy to send out the activation code or a password reset.
My subscription order has already shipped. Can I still cancel?In order to best serve you, we began processing your order as soon as it was placed. We are sorry for any inconvenience that we cannot cancel your order at this time.
If this is a subscription order, we can delay your next shipment and make any adjustments to your frequency going forward. You can also manage your account at your convenience by going to womaness.com/account/login
How does my subscription work?
There are many perks of our subscription program. Not only can you save 10% off your order, you have the flexibility to choose when your shipments come and the frequency of them. You have the ability to manage your subscription at your convenience! You can easily skip a month, delay shipments, add/remove products, and simply adjust as needed to fit your lifestyle.
Subscriptions are a convenient way to save money and ensure a consistent supply of your favorite Womaness products. You can cancel at any time for any reason. We also send you a convenient reminder email, so you have a heads up when your shipment is getting ready to be processed.
How do I edit my subscription?
1. Log in to your store account here.
2. Click on Manage Account, and when the new menu appears click on Mange Subscriptions.
3. Here you can edit:
- Next order date
- Swap out products
- Change shipping intervals and dates
- Skip a shipment
- Cancel subscription
How can I cancel my subscription?
1. Log into your account
2. Click on Manage Account
3. Click on Manage Subscription
4. Under the Subscription section, find the subscription you would like to cancel
5. Click the "Edit" button
6. Scroll down and click on "Deactivate subscription"
7. Select reason for canceling the subscription
Did you know you can delay, change the product, manage the quantity or edit the frequency of your subscription?
1. Log into your account
2. Click on Manage Account
3. Click on Manage Subscription
4. Under the Subscription section, find the subscription you would like to edit
- Order Date
- Delivery Frequency
- Swap Product
- Skip Next ShipmentHow do I swap/switch products?
Want to keep your subscription but try a new product? No problem. We made this simple to do.
1. Log into your account
2. Click on Manage Account
3. Click on Manage Subscription
4. Under the Subscription section, find the subscription you would like to edit
5. Select Swap Product
6. Search for and choose the product you would like
7. You will be re-directed back to your Subscription Dashboard where you should see your new subscription product
Note: Changing your subscription will not automatically change your next order date.Will I get a reminder email before my next shipment?
Yes, you will receive a reminder email, order confirmation, and shipping notification before your next shipment arrives. You can also log into your account anytime to view and track your upcoming shipment.
When will my credit card be charged?
Your card will be charged on the process date based on the frequency you chose.
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Privacy Policy
PRIVACY POLICY
Last Updated: October 18th, 2024
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 Policy 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”).
This Privacy Policy (“Policy”) forms part of the Terms & Conditions. If you do not agree to the terms of this Policy, please do not use our Services. If you do not understand, or if you have questions about, this Policy, please contact us before using, or continuing to use, our Services.
We reserve the right to change our Policy from time to time by posting the changes here. If we choose to amend this Policy, we will revise the Last Updated date at the top of this Policy when we post the updated version. We may also provide you with notice by prominently posting on our website, notifying you via email or otherwise highlighting the changes to this Policy for a reasonable time after making revisions, if we have significant changes to this Policy. Except where required by law to obtain your consent, your use of our Services after we have informed you in one of these ways that we made changes to our Policy will mean that you have accepted those changes.
“Personal information” is any information that identifies or reasonably could be linked to a particular person or household. It includes things like email addresses, phone numbers, mailing addresses, payment card information, account numbers, and government-issued identification numbers. These are just examples and there are many other types of information that would be considered personal information. As used in this Policy personal information is synonymous with personal data as those terms are used under data protection laws.
Note: Womaness’ site may contain links to external websites and social media pages. Womaness does not assume responsibility and is not liable for the privacy practices of any external websites linked from our site. It is best practice to consult the privacy policy of any websites you visit.
Quick Links:
- The Types of Information Womaness Collects and Purpose for Collection.
- Cookie Policy
- Disclosure of Personal Information.
- De-Identified Data
- Your Choices with Respect to Marketing Communications.
- Your Privacy Rights.
- Retention of Personal Information.
- Financial Incentive/ Bona Fide Loyalty Program.
- Children’s Privacy.
- Security of Your Personal Information.
- Processors And International Data Transfers
- Updates to this Privacy Policy.
- How to Contact Us.
- California Personal Information Chart.
- The Types of Information Womaness Collects and Purpose for Collection.
Womaness uses personal information it collects directly from you, automatically from your devices, or from third-party service providers in connection with our Services. Below we describe the personal information that we collect from these sources and the purposes we use the information. We also describe the legal bases we use to process your personal information. Please note, those laws that apply to the processing of personal information ( “data protection laws”) may require us to describe our processing using certain terms in a specific way. Although we have tried to use terms consistent with data protection laws, we aren’t always able to use the terms that may be used in your jurisdiction. If you have any questions about this Policy, please use the email in the How to Contact Us section.
- Information Collected Directly From You.
We collect personal information directly from you when you provide it to us (for example, from forms you complete or information you submit when you purchase products or services, or when you call Customer Service for assistance with a product). This information is collected for a number of purposes, as described in more detail below.
Performing Services:
- Account Registration and Management. You are able to create an account with us Womaness either by creating an account through the Sign In page or during the checkout process. Creating an account allows you to track your purchases and receive a more personalized shopping experience. When you register for an account, log in through an existing account, manage and administer your account and to provide Services related to your account we receive, first and last name, date of birth, country, email address, phone number, address, communications preferences, purchase history, payment card information (payment type, last 4) account password, and other information related to you or others which you provided to us. Processing is necessary for the performance of the contract with you.
- Communicate with You. To provide you with order confirmations and order updates, provide customer service, or otherwise communicate with you via chat, text message, email, or by phone regarding your account, purchases, returns, exchanges or service requests, we may collect your name, product information, email, mailing and/or billing address, phone number, and other information relevant to your products or inquiries. 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. Processing is necessary for the performance of the contract with you.
- Processing Orders. When you place an order through our website, you provide information required to complete your transaction, including your name, phone number, shipping address, billing address, payment card details (payment type, transaction ID, and details of the transaction), and marketing communications preferences. Womaness uses a third-party payment processor that is PCI DSS certified to process all payments on its behalf. Processing is necessary for the performance of the contract with you.
Market and Promote Womaness Products:
- Marketing Communications. Womaness uses personal information to market and promote its products and service including for the purpose of: sending marketing, advertising, and promotional communications by email, text message or otherwise sending information about events that may be of interest to you. We collect your name, mobile number, mailing address, email and communication preferences. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Promotions. We may collect personal information in administering our contests, limited edition events, giveaways and sweepstakes, and other similar promotions. Name, email, phone number, address, and other information in order to administer the promotion. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Testimonial / Product Review Information. You may submit content that you create to us for use on our site (such as photos or videos reviewing our product(s)) or through our Q&A tool. We only use content that you create with your consent. Information that you provide may include personal information such as name, location, email address, contents of your questions about products, and photo, video / audio recording content that you upload or send to us. Please note that all user generated content is subject to moderation, and that by submitting content you consent to Womaness moderating your content. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Recommend Personalized Products. If you use one of our product recommendation tools, we may ask you about certain demographic information (including age, date of birth, email, and gender) and wellness goals (which may include health related information) such as when your last cycle was or any menopause symptoms you may be experiencing, and other information about yourself so we can recommend products which are relevant to your specific needs. We do not save any demographic or health related information which you may submit through the tool in connection with your personal information. We do this with your consent. You have the right to withdraw your consent at any time, including but not limited to, not using the tool.
Improve or Develop Products or Services:
- User Feedback. To enhance the user experience, improve our website, or improve our products or services, you may choose to submit feedback or we may request that you provide us with feedback regarding the products you purchased or your interaction with us through our website or through customer service. Where we request feedback, we may ask for your name, email address, phone number, and opinion. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Surveys and Consumer Research. To conduct surveys, market analysis, or other research about our website, products or services, we or our third-party service providers may request that you complete a survey or participate in consumer research. We may request your name, email address, phone number, demographic information, and personal opinions. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Testimonial / Product Review Information. You may submit content that you create to us for use on our site (such as photos or videos reviewing our product(s)) or through our Q&A tool. We only use content that you create with your consent. Information that you provide may include personal information such as name, location, email address, contents of your questions about products, and photo, video / audio recording content that you upload or send to us. Please note that all user generated content is subject to moderation, and that by submitting content you consent to Womaness moderating your content. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Information Automatically From Your Browser Or Device.
This section describes the personal information which may be collected automatically from your browser or device. Where we collect information automatically, we generally do so through the use of cookies or other tracking technologies or through security and activity logs. For more information on our use of cookies and other tracking technologies, please review the Cookie Policy below.
Performing Services:
- Operate the Site. In order to operate the site, we may collect information automatically to ensure that the site functions properly and maintain the security of our site. We may collect IP address, activity logs, certain device information and browser information. We may also derive location information from your IP address. Processing is necessary for the performance of the contract with you.
- Communicate with You. When we communicate with you online, we may collect information automatically from your device or browser in order to operate the service, including IP address, device and browser information, and activity logs. In order to use chat you must consent to our recording and use of this information in order for us to provide this service. Processing is necessary for the performance of the contract with you.
Personalize Your Experience:
- Remember Your Preferences. To save you time when you visit our website by remembering your preferences, automatically fill in forms (such as your address), or to save items to your cart we may collect IP address, device information, and browser information. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
Market and Promote Womaness Products:
- Targeted Marketing. We may combine information that we receive from your activities online with information about your past purchase history or interactions with us in order to personalize the advertisements, products or recommendations which we display. We may collect your user account data (if you are registered with us), including your name, email address, birth date and country, and technical data, which includes IP address, host name, user agent, browser identification, referrer, and the date/time of your access to our website. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Deliver Non-Personalized Advertising. To display non-personalized advertising for products, services or promotions, we may collect technical data about your device or browser in order to display ads properly and identify promotions which you may be eligible for, including IP address, host name, user agent, browser identification, referrer, and date/ time of your access to our website. We may use IP address to derive location data about you. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Lead-Generation. When you interact with our Services, we may collect information about your browser or device which may help us identify you, including IP address . We may use this information to contact you about products or services which you may be interested in, to develop look alike audiences, or retarget you with advertisements on other platforms. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Referral Program. When a customer refers a friend to use our Services, they provide us with information that personally identifies that individual, such as name and email address. We use this information to send the friend promotional offers as well as administer the referral program. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
Improve or Develop our Products or Services:
- Analytics. To improve Womaness’ understanding of its customers’ needs; measure the effectiveness of our advertising and promotion communications; obtain and evaluate analytics data for the purpose of improving our product offerings and services, understanding how our visitors interact with our website, advertisements, and communications we or our third-party service providers may collect technical information about your visit, such as IP Address, host name, user agent, browser identification, referrer, and date/time of your access to our website. We aggregate this information so that the information is no longer personal information related to you. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Information Collected from Third Parties.
We may use third-party service providers to help us with our day-to-day business activities. Where we use third-parties, they may share personal information about you with us.
Performing Services:
- Operate the Site. In order to operate the site, we use third-parties to ensure that the site functions properly and maintain the security of our site. They may collect IP address, activity logs, certain device information and browser information. They may also derive location information from your IP address. Processing is necessary for the performance of the contract with you.
- Process Transactions. Womaness uses third-party payment providers who are PCI-DSS compliant to process all transactions through our websites. When you make a purchase, our third-party payment provider may share with us your name, billing address, transaction information (i.e., amount of transaction, time of transaction, and transaction ID), payment method, phone number and other information in order for us to process your order and send you the items you purchased. Processing is necessary for the performance of the contract with you.
Market and Promote Womaness Products:
- Nonpersonalized advertising. We may use third-parties to deliver information about our products, services and promotions. When third-parties direct you to our Services through an advertisement we placed, we may receive information such as the referral URL which we may combine with other information which may personally identify you. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Targeted advertising. We also permit third-parties to use tracking technologies on our website to help us evaluate website and behavioral analytics, to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders. Some of these third-parties use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites. For more information about the use of third-party cookies and tracking technologies on our website, please review our Cookie Policy. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Testimonial / Product Review Information. We may use a third-party to obtain testimonials and product reviews on our behalf. When you submit this information to our third-party partner, they may share with us any information that you provide them including personal information such as name, location, email address, contents of your reviews, and photo, video / audio recording content that you upload or send to us. Please note that all user generated content is subject to moderation, and that by submitting content to our third-party partner, you consent to Womaness moderating your content. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Engage with you on Social Media. If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks (including Facebook, Twitter, and Pinterest) in connection with our website, we collect information that you share with us or that the social media platforms share with us. For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms and networks that you use. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Other Uses of Personal Information
Womaness may also use any of the personal information it collects or receives for the following business purposes:
- Prevent and Detect Fraud or Other Security Incidents. Womaness uses personal information to prevent, detect, investigate, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including fraudulent transactions, attempts to manipulate or violate our policies and terms, security incidents, and potential harm to the rights, property, or safety of Womaness and its customers, employees, or others. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Operate Our Business. Womaness uses personal information to perform core business functions, including: maintaining records for accounting or warranty purposes; debugging to identify and repair errors; collecting amounts owed to Womaness; conducting internal audits, and; providing and maintaining the functionality of Womaness’ website. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Comply with Legal Obligations. Womaness may use personal information to the extent needed to comply with its legal or regulatory obligations, to establish or exercise its rights, and to defend against a legal claim. We do this to comply with a legal obligation which we are subject to.
- Business Transactions. In the event we enter into a merger, are acquired, enter into bankruptcy, or sell a major part of our assets, your information may be among the assets transferred. To the extent we are able, we will notify (i) the new owner of the restrictions placed on your information, and (ii) you of the sale. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Improve our Products or Services. We may use personal information that we collect to undertake internal research; verify or maintain the quality of our products or services, and; improve, upgrade or enhance our products or services. We have a legitimate interest in using your personal information for this purpose. Otherwise we will ask for your consent. You have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to such withdrawal.
- Cookie Policy
This section describes how Womaness uses cookies and similar technologies to collect and store information when you visit our websites. Like many companies, Womaness uses certain technologies – cookies, web beacons, clear GIFs, tracking pixels, and similar technologies (collectively, “cookies”) – to collect information when you interact with our website and email communications.
- How do Cookies Work?
To understand how tracking technologies work, it is helpful to describe the types of technologies we use and what they are used for:
- Cookies – a "cookie" is a small text file that websites send to your computer, device, or other internet-connected tool you are using that contains data used by the website for its business purposes. Cookies are set to expire, but can also be deleted by a browser through its settings.
- Web Beacons – a "web beacon" or "pixel" is a tag used on a web browser or HTML email that records your activities when viewing the web page or email where it is placed. Pixels only last for the session and are not stored on your device.
Cookies are classified by their purpose:
- Strictly Required – These cookies are required for the website to function. You cannot disable these.
- Functional - Allow the website to remember choices you make (such as your username, language, or the region you are in) and provide enhanced, more personal features. For example, a website may provide you with local weather reports or traffic news by storing data about your general location.
- Analytics and Statistics - Help the us understand how its website performs, how visitors interact with the site, and whether there may be technical issues.
- Marketing and Retargeting - Used to deliver advertising that is more relevant to you and your interests. May also be used to limit the number of times you see an advertisement and measure the effectiveness of advertising campaigns.
Our websites use first-party cookies and third-party cookies. The difference between first-party cookies and third-party cookies relates to the control of the party who serves the tracking technology. First-party cookies are cookies that are specific to the website that created them. Their use enables us to operate an efficient service and to track the patterns of behavior of visitors to the website. Third-party cookies, on the other hand, are placed on your device or served by a third-party (i.e., not by Womaness). While we may allow third-parties access to the website, we do not retain control over the information supplied by the cookies, nor do we retain access to that data. This information is controlled wholly by that third-party in accordance with their respective privacy policies.
- How Does Womaness Use Cookies
We use cookies consistent with this Privacy Policy. For example, a cookie may be used to determine your preferred language, maintain the security of our website and your account, measure website analytics, measure the effectiveness of our advertising and promotional communications, and gain information for marketing and advertising purposes, including by identifying the website from which a person was referred to Womaness’ site and to track other websites visited by an individual.
If you have an account with us, we will, to the extent legally permissible, combine Cookie Data with your account to improve your experience with our services. Where permissible, your account will be identified either from you signing in to your account or by using your IP address collected through a cookie.
Third-Party Analytics. Our websites use third-party web analytics services that uses cookies, to help the websites analyze how users use the websites. The information that is collected about your use of the website will be de-identified or pseudonymized by the third-party analytics provider (Google and Adobe) for the purpose of evaluating your use of the sites, compiling reports on website activity and providing other services relating to website activity and internet usage. The third-party analytics providers that Womaness uses will not link your IP address with any other data held by them about you. Information collected by us through use of third-party analytics includes: number of visitors, referring URLs, and pages visited.
For further information, please see Google Analytics’ site:
- Disabling, Deleting, or Opting-Out of Cookies
Please note, if you disable cookies, you may not be able to use the full functionality of our websites. In particular, you may have limited access to some areas or be transitioned to a different experience.
Cookie Banner Settings:
Where required by data protection laws, we may use a cookie banner when you first visit our site, or when we no longer recognize you as a returning visitor, to manage your cookie preferences. You can choose which cookies to allow when you interact with us through this banner. Please note, you are not able to opt-out of Strictly Required cookies.
Browser Settings:
In addition, most web browsers allow at least some control of most cookies through browser settings. You may refuse the use of cookies by selecting the appropriate settings on your browser to decline cookies. You may also delete existing cookies through your browser. Please visit the following websites to learn more (depending on the browser you use):
You also may choose to delete cookies placed on your device and to block new third-party cookies from being placed by using your internet browser’s privacy and security settings.
Opt-Out Preference Signal:
You may use an Opt-Out Preference Signal, such as the Global Privacy Control (GPC), to opt-out of the sale/sharing of your personal information or the use of cookies for targeted marketing. You may send a GPC signal to our website by selecting the appropriate settings on your browser or device. Where required by law, your signal will be processed in our system as though you opted out of all third party cookies. If you do not have an account or if you are not logged into your account, your request to opt-out of sale/sharing will be linked to your browser identifier only and not linked to any account information because the connection between your browser and the account is not known to us.
- Disclosure of Personal Information.
Except as disclosed in this Policy, 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. Womaness may disclose your personal information in certain circumstances, as described below.
- Service Providers. Womaness utilizes other companies to perform certain services for it or on its behalf. These service providers may collect or receive your personal information so that they can provide services to Womaness, which include:
- Providing marketing services (such as developing campaigns, sending emails or text messages, delivering advertisements, facilitating customer product reviews);
- Hosting or maintaining our website, servers, databases, and/or software platforms;
- Providing fraud monitoring or detection services;
- Analyzing customer data and survey responses; and
- Providing customer service.
- Business Partners (Third-Party Businesses / Controllers). Womaness partners with other businesses to provide professional services. These third-party businesses may collect or receive your personal information so that they can provide services to you and to Womaness consistent with this Policy, which include:
- Third Party Payment Providers – Womaness uses PCI-DSS compliant payment processors to provide you with options to make a secure payments for the products you purchase through our website. By using one of our payment options, or otherwise processing your credit or debit card, your personal information will be collected and processed by one of our payment processors subject to their privacy policies.
- Shipping Carriers – Womaness uses third-party shipping carriers, such as the USPS, UPS, and FedEx for shipping, handling, and delivering products you order. Personal information collected and processed by a shipping carrier is subject to their privacy policies.
- Professional Services – We may disclose personal information to establish, exercise, or protect the rights of Womaness or its employees, affiliates, agents, and other customers; defend against a legal claim; protect the safety and security of our visitors; detect and protect against fraud; and take action regarding possible illegal activities or violations of our policies. legal, accounting, or consulting services.
- Third-Parties. Womaness uses or allows others to place third-party advertising cookies and pixels on its website. Third-parties include advertisers and marketing agencies, data analytics providers, and social media platforms. This may include third-party businesses we may partner with to host a co-sponsored event.
- As Legally Required. We may disclose personal information in response to warrants, subpoenas, court orders, government investigations, or to comply with applicable laws and regulations.
Womaness may also disclose your personal information to other third-parties not described above if you consent to such disclosure.
- De-Identified Data
"Deidentified Data" means information that cannot reasonably be used to infer information about, or otherwise be linked to a particular data subject. Womaness may de-identify and aggregate data for its business purposes, including but not limited to, to improve the products and features of its Services, to maintain the security and integrity of its systems, for analytics, and other legitimate business purposes. Where we process Deidentified Data, we commit to maintain and use the information in deidentified form and not attempt to reidentify the information, except where permitted by law. We may disclose Deidentified Data to third-parties who commit themselves to maintaining these same standards for any business purpose.
- Your Choices with Respect to Marketing Communications.
We want you to have the choice on how we contact you, and how often we contact you. You may update your communications preferences as follows.
Email Opt-Out:
If you do not want to receive marketing or promotional emails from Womaness, please click on the “unsubscribe” link at the end of one of our emails. You will be taken to a website where you can opt-out of future marketing emails. Please note that this will not opt you out of receiving transactional emails from us, such as order confirmations or shipment tracking information.
Text Opt-Out:
You can opt-out of receiving text messages from us at any time by replying to a text with the words “STOP,” “UNSUBSCRIBE,” or “END.”
- Additional Information for California Residents
California residents also have the additional rights regarding disclosure of your personal information to third-parties for their own direct marketing purposes. We do not share “personal information” as defined by California’s “Shine the Light” law with non-Affiliate third-parties for their direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with the Shine the Light law and/or withdraw previously given consent to sharing with non-Affiliate third-parties for their direct marketing purposes by contacting using the methods in the How to Contact Us section below.
- Your Privacy Rights.
This section provides you with additional information, describes your rights and explains how to exercise those rights. Unless otherwise noted below, the rights described in this section apply to all users. Note: Some data protection laws may use other terms to describe these rights differently.
Access / Know: You have the right to access the personal information collected about you. You also may request to know the categories of personal information collected about you, the information or categories of information shared with third parties, or the specific third parties or categories of third parties to which the information was shared; or, some combination of similar information. However, there are certain exemptions, meaning that data subjects may not always receive all of the information we process.
Correct Personal Information: You also have the right to request correction of any of your personal information we hold about you if you consider it to be inaccurate or incomplete.
Data Portability: Under certain circumstances, you may request us to transfer your personal information, provided by you, to another controller. Also, you have the right to receive your personal information, which have been provided by you, in a structured, commonly used and machine-readable format and to transmit those data to another controller.
Deletion / Erasure: You generally have a right to request your personal information or part of it to be erased (e.g., when your personal information are no longer necessary for the stated purposes in this Policy, the personal information have been unlawfully processed); however, we may not always erase your personal information because sometimes the processing is still necessary. For example, for complying with statutory obligations or for lodging, exercising or substantiating legal claims. Therefore, we will weigh your interest in having your personal information erased against the necessity of maintaining the personal information for our legitimate interests. Please be aware that if you request us to delete your personal information, you may also not be able to continue to use the Platform.
Restriction: Under certain circumstances, you may have the right to restrict a business’s ability to process personal information about the you. For example, if the accuracy of your personal information is contested, the processing is unlawful or personal information is no longer needed for purposes of the processing. However, we can still use restricted data in certain circumstances (e.g., when your personal information is needed for legal claims or to protect another data subject’s rights).
Automated Decision Making/ Profiling: You may have the right to not be subject to a decision based solely on an automated process without human input.
Objection: Under certain circumstances, you may object to the processing of your personal information by us or third parties engaged by us. We will consider several factors when assessing an objection to our processing in furtherance of our legitimate interests, including: our users’ reasonable expectations; the benefits and risks to you, us, other users, or third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportional effort. Your objection will be upheld, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons. For example, you may object to the use of your personal information for direct marketing purposes.
Register a Complaint (EEA residents only): If you believe that the processing of your personal information violates applicable laws and regulations, please contact us using a method described in the How to Contact Us section. We will always try to find a solution together. Should this not be possible, and you live in the EEA, you have the right to complain to a Data Protection Authority about our processing of your personal information.
Opt-Out of Targeted Marketing (US residents only): Where required by law, you may request to opt-out of targeted marketing through a cookie banner. However, all visitors may be able to restrict the use of third party cookies used for targeted marketing through their browser settings (or extensions). Where we are able to associate an individual with their preferences, we will save this information across sessions. For more information see the Cookie Policy.
Withdraw Consent: If we have requested your explicit consent for data processing, you have the right to withdraw your consent at any time. The withdrawal of consent will not affect the lawfulness of the processing prior to the withdrawal.
Sensitive Data Processing: You may have the right to opt in (or consent) before a we can process your sensitive data. You may also opt out of your sensitive data being shared with third parties.
Opt Out of Sale or Sharing (US residents only): Some disclosures of personal information may be considered a “sale” or “sharing” of data, including in California. Where required by U.S. by law, you may opt out of the Sale or Sharing of personal information to third parties, as those terms are defined by U.S. federal, state and local laws. If you are a California resident, you may exercise this right by clicking on the “Do Not Sell or Share My Personal Information” link located at the bottom of our homepage or by submitting a request as described below. All other eligible U.S. residents may exercise their rights through the Cookie Preferences in the cookie banner or by submitting a request as described below.
In addition, we will not discriminate against you if you exercise your privacy rights under any applicable privacy and data protection laws.
- Submitting a Privacy Rights Request
Submission of Requests: You may submit a request to exercise a privacy right by emailing us at info@womaness.com. Please provide your name, email address and a clear description of the type of request you are making in your email.
Verifying Your Identity: To protect your privacy and security, we will take reasonable steps to verify your identity before providing your personal information, altering your personal information, or deleting your information. Only you or someone legally authorized to act on your behalf may make a request related to your personal information. For example, if you make a request, we will ask you to confirm your name, email address, or other information we have in our records to verify your identity.
Requests from Authorized Agents: You may designate an authorized agent to make a request for you. If you designate an authorized agent to make a request on your behalf, we may require you to verify your identity and provide the authorized agent’s identity and contact information to us. If you have authorized someone else to make a request on your behalf, they can submit your request through the info@womaness.com email address. Please note, your authorized agent will be asked to provide a power of attorney or other authorization form when they submit a request on your behalf.
Response to Requests: We will confirm receipt of your request within 10 business days of receipt and generally will respond to your request within 30 days of receipt. If we need more time to respond, we will inform you of the reason and provide you with an update on when you can expect a response.
You will not have to pay a fee to access your personal information or to exercise any of the other rights. However, we may charge a reasonable fee if your request is repetitive or excessive; alternatively, we may refuse to comply with your request in these circumstances.
- Retention of Personal Information.
We will only keep your personal information for as long as it is necessary for the purposes set out in this Policy, unless a longer retention period is required or permitted by law (such as business records, tax, accounting or other legal requirements). In determining data retention periods, we take into consideration the applicable law, contractual obligations, and your expectations.
When there is/are an indication(s) of potential legal claim(s) or liability, the retention period will be extended accordingly.
When we have no ongoing legitimate business need to process your personal information, i.e. when we no longer have a legal basis in accordance with applicable law, we will either delete or anonymize it and we will make such determination based on applicable laws. When the processing of personal information is based on your consent, the data will be stored for as long as there is valid consent for the processing.
- Financial Incentive/ Bona Fide Loyalty Program.
From time to time, we may provide promotions, such as sweepstakes, contest, or other similar promotional campaigns. Womaness may offer a financial incentive to participate in these promotional campaigns, including payments, discounts, rewards, or other perks, offers, or compensation. When you sign up for one of these promotions, we may ask you to provide your name and contact information (such as email address and/or telephone number). Because these promotions involve the collection of personal information and offering of certain benefits, they might be interpreted as a “financial incentive” program under California law or a “bona fide loyalty program” under Colorado law. Under the California law, the value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Program, less the expense related to offering those products, services, and benefits to Program participants.
You may withdraw from participating in a promotion at any time by contacting us using the designated method set forth in the applicable promotion rules. You should review the rules of each promotion to view full details, including how to join and to whom we may share your information with.
- Children’s Privacy.
Our website is not aimed at or intended for children. Womaness does not knowingly collect, receive, disclose, sell or share information from children under the age of 16. If we learn that we have inadvertently collected personal information relating to a child under the age of 16, we will delete that information from our records. If you believe we might have any information from or about a child under age 16, please let us know via the email provided in the How to Contact Us section below.
- Security of Your 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.
- Processors And International Data Transfers
Our website is hosted and maintained in the United States. If you are visiting our website from a country other than the United States, you should understand that your data submitted through or generated by your use of the website or the provision of Services will be transferred to the United States, which may not have the same data protection laws as the country in which you are located. This will necessarily result in the transfer of information across international boundaries. By visiting the website, ordering Services, or otherwise communicating electronically with us, you consent to the transfer and processing of your data as set out in this Policy in the United States.
We will only engage processors who adequately implement appropriate technical and organizational measures and who guarantee the protection of your rights. In order to ensure this, we enter into data processing agreements with our processors. This is compulsory under the data protection laws. The data processing agreement regulates, among other things, data security, confidentiality and your rights.
If your personal information are transferred to ‘third countries’ – i.e., countries outside the European Economic Area (“EEA”) – we will only do so if the third country offers an adequate level of protection. In some countries outside the EEA – which as at the date of the last update of this Policy include Andorra, Argentina, Canada (commercial organizations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland , the United Kingdom under the GDPR and Directive (EU) 2016/680, the United States (commercial organizations participating in the EU-US Data Privacy Framework) and Uruguay (for more information and up to date list of the countries please, check here) – your personal information are sufficiently protected in accordance with European data protection laws and regulations. Where this is not the case, we provide appropriate safeguards to ensure adequate data protection, such is the most recent standard contractual clauses as approved by the European Commission and by additional safeguards, a copy of which can be obtained by sending us an email to the address in the How to Contact Us section. If no appropriate safeguards are in place, we will only transfer your personal information if a legal exception applies. An example of a legal exception is explicit consent.
- Updates to this Privacy Policy.
Womaness reserves the right to make changes to this Policy by posting an updated Policy on this website. Changes are effective immediately upon posting or upon a later effective date if one is indicated. You should review this Policy periodically to understand our current practices.
- How to Contact Us.
We welcome requests, questions, comments, and feedback on this Policy 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 info@womaness.com
Prior Versions of our Privacy Policy are available by request.
- California Personal Information Chart.
This section summarizes how Womaness processes Personal Information in accordance with California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, “CCPA”). The terms used in this section shall have the same meanings as given to them under the CCPA.
In the last 12 months, we have collected or received, disclosed, shared or sold the following categories of Personal Information:
Legal Category
Source(s)
Purpose for Collection
Categories of Third Parties to Whom we Disclosed for a Business Purpose
Categories of Third Parties to Whom we Shared or Sold
- Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
- Directly from You
- Automatically from your Browser or Device
- Third Parties
- Performing Services
- Market and Promote Womaness Products
- Improve or Develop Products or Services
- Personalize Your Preferences
- Prevent and Detect Fraud or Other Security Incidents
- Operate Its Business
- Comply with Legal Obligations
- Business Transactions
- Service Providers
- Business Partners
- As Legally Required
- Advertisers and marketing partners
- Data analytics providers
- Social media platforms
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, marital status, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
- Directly from You
- Third Parties
- Performing Services
- Market and Promote Womaness Products
- Improve or Develop Products or Services
- Prevent and Detect Fraud or Other Security Incidents
- Operate Its Business
- Comply with Legal Obligations
- Business Transactions
- Service Providers
- Business Partners
- As Legally Required
- Not Sold
- Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
- Third Parties
- Perform Services
- Prevent and Detect Fraud or Other Security Incidents
- Operate Its Business
- Comply with Legal Obligations
- Business Transactions
- Service Providers
- Business Partners
- As Legally Required
- Not Sold
- Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Directly From You
- Automatically from Your Browser or Device
- Third Parties
- Performing Services
- Personalizing Your Experience
- Market and Promote Womaness Products
- Improve our Products or Services
- Prevent and Detect Fraud or Other Security Incidents
- Operate Its Business
- Comply with Legal Obligations
- Business Transactions
- Service Providers
- Business Partners
- As Legally Required
- Advertisers and marketing partners
- Data analytics providers
- Social media platforms
- Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, DNA data, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Not Collected
- Internet or other similar network activity.
Browsing history, search history, information on an employee's interaction with a website, application, or advertisement.
- Automatically from Your Browser or Device
- Third Parties
- Personalize Your Experience
- Market and Promote Womaness Products
- Prevent and Detect Fraud or Other Security Incidents
- Operate Its Business
- Comply with Legal Obligations
- Business Transactions
- Service Providers
- Advertisers and marketing partners
- Data analytics providers
- Social media platforms
- Geolocation data.
Data that can identify a consumer's physical location or movements.
- Automatically from Your Browser or Device
- Third Parties
- Performing Services
- Prevent and Detect Fraud or Other Security Incidents
- Operate Its Business
- Comply with Legal Obligations
- Business Transactions
- Service Providers
- Advertisers and marketing partners
- Data analytics providers
- Social media platforms
- Sensory data.
Audio, electronic, visual, olfactory, or similar information.
- Directly from You
- Third Parties
- Improve or Develop Products or Services
- Market and Promote Womaness Products
- Prevent and Detect Fraud or Other Security Incidents
- Operate Its Business
- Comply with Legal Obligations
- Business Transactions
- Service Providers
- Not Sold
- Professional or employment-related information.
Current or past job history or performance evaluations.
Not Collected
- Education information as defined by the Family Education Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).
Information that is not publicly available maintained by an education agency or institution related directly to a student.
Not Collected
- Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
- Automatically from your Device or Browser
- Third Parties
- Market and Promote Womaness Products
- Improve or Develop Products or Services
- Personalizing your Experience
- Prevent and Detect Fraud or Other Security Incidents
- Operate Its Business
- Comply with Legal Obligations
- Business Transactions
- Service Providers
- Advertisers and marketing partners
- Data analytics providers
- Social media platforms
- Sensitive Personal Information.
Personal information that reveals a consumer's: Social Security number, driver's license number, state identification card number, or passport number; a consumer's account log-in, financial account, debit card, or credit card number in combination with any security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; the contents of a consumer's mail, email, and text messages (not business related); genetic data; biometric data used to uniquely identify a consumer; health data; or data related to sex life or sexual orientation.
- Third Parties
- Personalizing your Experience
- Service Providers
- Not Sold
Womaness does not knowingly collect, receive, disclose, sell or share information from children under the age of sixteen 16 years of age.
-
Terms & Conditions
WOMANESS TERMS OF USE
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.
PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, WEBSITE RULES AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE WEBSITE. FOR EXAMPLE, THE TERMS INCLUDE:
- 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
- ACCOUNTS
- PAYMENT TERMS
- USER CONDUCT GUIDELINES
- INTELLECTUAL PROPERTY OWNERSHIP
- NO MEDICAL ADVICE
- THIRD-PARTY TERMS
- WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
- GOVERNING LAW & DISPUTE RESOLUTION
- MISCELLANEOUS
1. ABOUT THE TERMS1.1 KEY TERMS
As used in these Terms of Use:
- “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.
Your access to and use of the Website is governed by the terms and conditions of these Terms of Use, our Privacy Policy, currently located at www.womaness.com/privacy (as described in more detail below), any and all other policies and rules referenced herein, posted on the Website, or otherwise communicated to users (the “Website Rules”).
Certain of the features, functionality, tools, content and promotions available on or through the Website may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you choose to access or use those features, functionality, tools or content or participate in those promotions, the applicable Supplemental Terms are also incorporated and deemed part of these Terms of Use.
If there is a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms will govern and control with respect to the applicable features, functionality, tools, content and promotions.
1.3 Amendment of TermsWomaness 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 UseSubject 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 WebsiteWomaness 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.
2.4. Children’s Online Privacy Protection Act Notification
You may only use the website and associated marketing channels including but not limited to email, organic channels such as Instagram, Facebook, the website, SMS (collectively the "Properties"). if you are 13 years of age or older. To register for an account, purchase products via the Properties, subscribe to receive any Content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”), you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use or make purchases on the Properties. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.
Pursuant to 47 U.S.C. Section 230(d) as amended, Womaness hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.
3. ACCOUNTS
3.1 Account RegistrationWhile 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. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
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 CancellationYou 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
4.1 PricesYou 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 CardsYOU ARE RESPONSIBLE FOR PROVIDING WOMANESS WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. Please note that the payment information, including name and contact information, that you submit when you register may be used and shared with our payment processing services provider and otherwise used in accordance with our Privacy Policy. We may contact you via email regarding your account, for example, in connection with a problem with your credit card or payment account.
4.3 OrdersAll of the products sold through the Website are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products and to substitute products without prior notice. Unless Womaness agrees or states otherwise in writing, all fees and charges are nonrefundable, and no orders are complete until payment is received in full.
SUBSCRIPTION PROGRAM – TERMS & CONDITIONS
Womaness is pleased to offer an automatically recurring subscription ordering program (“Subscription Program”) for Womaness products purchased through womaness.com. The following Terms and Conditions constitute the entire agreement between you and Womaness relating to the Subscription Program. Please note that your use of the Website is also governed by our Terms and Conditions and Privacy Policy, as well as all other applicable terms, conditions, limitations, and requirements on the Website, all of which (as updated from time to time) are incorporated into these Terms. By selecting the Subscribe & Save option and placing an order through our Subscription Program, you acknowledge and accept these terms, conditions, limitations, and requirements. Please read these Terms carefully.
Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew and you will continue to be charged on a recurring basis per the delivery frequency you select (i.e., 1 month ("Monthly", Every 2 months, Every 3 months, etc), and without notice until you cancel. You authorize Womaness or its third-party payment processing provider(s) to store your payment method(s) and to automatically charge your payment method(s) based on the delivery frequency you select until you cancel. We will automatically charge you the total, then-current price of the item(s) in your subscription order on the date that order is processed, less the Subscription Program discount as indicated on the site (i.e., 10% off your first order and 10% off all subsequent subscription orders), plus applicable taxes and shipping fees, each delivery frequency period upon renewal until you cancel. Note that promotional periods may occur where there may be discount applied to your first order. YOU ACKNOWLEDGE AND AGREE THAT WOMANESS WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS.
If your payment method fails, your subscription order payment will be attempted again and you will need to contact us on info@womaness.com or update your payment information. You can update or edit your payment information anytime via the “Manage Subscription” page in your online account.
We may change the price of a product in your subscription order at any time, and we will notify you of any price change with the option to cancel. If you do not agree with a price change, you have the right to reject the change by cancelling your subscription prior to the next scheduled ship date as described in the “Cancellation Policy” section below. Please make sure that you read any notifications of price changes carefully.
Offer is valid only for individual purchasers. Products are not intended for resale. Offer not valid with any other offer, e-Gift Cards or wholesale orders, and may not be used in combination with third-party loyalty, reward, or cash-back programs. New products & special releases may be excluded as well as the following, but not excluded to: new releases, limited edition/exclusive items, gifts/kits/sets, eGift Cards, items noted as not eligible, or items that are not in stock at the time of purchase. Cannot be applied to previously placed or pending orders. Valid in continental U.S. only.
Subscription Cancellation Policy
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU CAN CANCEL YOUR SUBSCRIPTION ANYTIME BY LOGGING INTO YOUR ACCOUNT, NAVIGATING TO THE “SUBSCRIPTIONS” PAGE, SELECTING “MANAGE SUBSCRIPTION” AND “CANCEL SUBSCRIPTION.” YOU MUST CANCEL WITH AT LEAST THREE (3) BUSINESS DAYS’ NOTICE PRIOR TO THE NEXT SCHEDULED SHIP DATE TO RECEIVE A FULL REFUND. SHOULD YOU CANCEL AFTER THAT TIME FRAME, YOUR PAYMENT IS NON‑REFUNDABLE, AND YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT MONTH’S BILLING PERIOD.
In the event you cancel your subscription, please note that we may still send you promotional communications about Womaness, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
We may, in our sole discretion, cancel all or part of your subscription order at any time for any reason, in our discretion. If we do so, you will only be charged for orders that have been shipped to you. We may also limit the number of products in your subscription order. In the event we determine, in our sole discretion, that you have engaged in abuse of our subscription program, your account may be suspended. We reserve the right, at our sole discretion, to modify or make changes to these Terms at any time. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.
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 GUIDELINESAny 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 any Website content, including any information from or about any other User, for purposes that are inconsistent with our Privacy Policy, or otherwise violate the privacy rights or any other rights of other Users or any other third party, including by disclosing, selling, renting, distributing or exposing any Website Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Website;
- 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 MisconductIf you feel that another User has violated the Terms, abused the Website or otherwise acted inappropriately, you may report the User to Womaness at support@womaness.com. 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.
5.3 InvestigationsWomaness 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 WebsiteThe 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 ContentBy 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.
6.3 FeedbackWe 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 support@womaness.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 ADVICEWOMANESS 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 LINKSThe 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 UsersYou 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
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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.
9.2 Disclaimers
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 LiabilityYOU 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.
9.5 ExclusionsNOTHING 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.
9.6 IndemnificationTo 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 RESOLUTIONPLEASE 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.
10.1Governing LawThe Terms shall be governed by and interpreted in accordance with the laws of the State of Minnesota without regard to conflict of law principles.
10.2 ArbitrationNotwithstanding 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 VenueSubject 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 ReliefYOU 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 SectionBoth 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. MISCELLANEOUS
11.1 PrivacyOur collection and use of information about Users is governed by our Privacy Policy. By accessing and using the Website, you consent to the collection and use of this information, including the transfer of this information outside the United States and/or other countries, for storage, processing and use by Womaness. As part of providing you the Website, we may need to provide you with certain communications, such as service announcements and administrative messages.
11.2 Entire AgreementThese Terms, including these Terms of Use, our Privacy Policy, the applicable Supplemental Terms and any and all Website Rules, constitute the entire and exclusive understanding and agreement between you and Womaness regarding your access to and use of the Website and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Womaness and regarding the subject matter hereof.
11.3 AssignmentYou 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 AgencyExcept 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 TermsAny provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of these Terms of Use shall survive such expiration or termination.
11.6 NoticesAny 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.
11.7 WaiverOur failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of Womaness. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.
11.8 RemediesExcept 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.
11.9 SeverabilityExcept 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.
11.10 HeadingsThe 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 BeneficiariesExcept 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 UsIf you have any questions or concerns, please contact Womaness at support@womaness.com.
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 support@womaness.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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