Last Updated: February 27, 2009
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION PERTAINING TO YOUR USE OF THE BRAVEHEART WOMEN GLOBAL COMMUNITY WEB Site AND ALL SERVICES OF THE WEB Site AS WELL AS THE RESPONSIBILITIES AND LEGAL OBLIGATIONS OF THE PARTICIPANTS.
Welcome to BraveHeart Women Global Community (company), a social networking community maintained by BraveHeart Women Global Community, LLC. These Terms of Use (TOU) apply to all users of the web Site. By using this Site, including any portion thereof, in any manner, you signify that you have read, understand, and accept these TOU as well as the Brave Heart Women Global Community Privacy Policy, which is incorporated by reference into these TOU and made a part hereof and agree to be bound thereby and comply with all the terms and conditions thereof. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these TOU at any time without notice to you or any further notice. Your continued use of the Site after any such changes constitutes your acceptance of and agreement to any changes made to the TOU. If you do not agree to abide by the TOU or any future changes or alterations to the TOU, you should not access, or continue to use the Site. By using and continuing to use this Site you hereby waive any claims against company that may arise from any use of this Site and any disagreement with the TOU or any modifications thereto. It is your responsibility to regularly check the Site and review the TOU for any changes which may have been made. If at any time you disagree with the TOU or any modifications thereto, it is your responsibility to discontinue using this Site. If you do not discontinue use under these circumstances, the above referenced waiver shall apply to any claims you may have or claim to have against company.
BraveHeart Women Global Community is a powerful social networking Site the purpose of which is to unite women around the world by providing a platform on which they can share their vision and purpose with other like-minded women whose desire is, and who are willing to take, inspired action to bring about positive change in their communities and in the world. Through the power of this community, each of us can be more, do more contribute more and make our communities and the world a better place.
Eligibility
Membership in this Service is void where prohibited. It is the sole responsibility of the Member to know whether or not Membership in this Site is prohibited and shall hold company harmless and indemnify it if any damages arise from this Site being used by a Member where the same is prohibited. Member shall hold company harmless and indemnify it from any liability and/or damages that may arise should use of this Site be void or prohibited as set forth herein. This Site is solely for users who are eighteen (18) years of age or older. Any registration, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these TOU. By using the Site, or Service, you represent and warrant that you are 18 years of age or older and that you are capable of entering into this agreement, and that you agree to all of the terms and conditions of this agreement.
Membership Registration
There are two levels of Membership from which you can choose and which are more fully described herein. When you register with BraveHeart Women Global Community you will be asked to provide us with your name and email address. If you elect to become a "Core" Member (as described herein) you will also be required to provide a credit card that will be charged immediately upon the your sign up as a "Core" Member and you agree that this will be an ongoing monthly charge on the same date each month, unless you provide us with a 7 day written notice of cancellation prior to your monthly payment due date. Said notice of cancellation shall be mailed, via U.S. Mail, postage prepaid, to company at the address set forth herein and shall be considered effective when received by company. By registering for this Site you agree to (a) provide true and accurate, current, and complete information about you as may be required by any registration forms on the Site; (b) maintain the security of your password and identification: (c) maintain and promptly update any and all registration data as required by the Company; (d) be fully responsible for all use of your account and for any and all actions within your account. You will also be asked to select a screen name and password which will serve to identify you as a Member and allow you access to your account. You may not (a) select or use a screen name of another person with the intent to impersonate that person; (b) use a screen name in which another person has rights without authorization from that person; or (c) use a screen name that the Company, at its sole discretion, deems offensive. If you provide information that is untrue, inaccurate, not current or incomplete, or the company has reasonable grounds to suspect that you have engaged in any of these activities, we have the right to suspend or terminate your Membership, without notice, and refuse any and all current or future use of the Site and the Services (or any portion thereof). Members must immediately notify the Company of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his screen name and password and all usage or activity on her/his account, including use of the account by any third party, whether or not such use is authorized by the Member.
Membership Levels
You can choose from one of the two following Membership levels.
1. Free Membership. A free Membership will provide you access to the BraveHeart Women Global Community Site which gives you access to create your own blog, articles, photo Site or videos and generally share your passion and purpose with other Members. In addition you will have access to forums and other information of community interest as provided by the Company, the ability to communicate with other community Members through the Site, and the ability to join private communities created by other Members. You will not be able to create your own private community.
2. Core Membership. Core Membership will provide you all of the benefits of the free Members. In addition, as a Core Member you will have the ability to create your own personal community (one only) and invite other Members to join that community. You will be allowed to create a personalized banner for your community. As a Core Member you will have exclusive access to a private forum for Core Members only as well as access to communicate with and receive information from various community experts.
Company reserves the right to add and/or remove features and benefits as company constantly strives to increase the value of this service to Members. Any changes in the features and benefits will be posted on the web Site and we encourage you to review the features and benefits regularly.
Use of Site and Services
This Site and the Services are intended for your use in accordance with the TOU. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without the Companies prior written consent; or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose within the confines and restrictions of your Membership.
You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by the company. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service or Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy publicity or other persona or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You agree to indemnify and hold the Company harmless for any infringement of this provision.
User Conduct
All content that you post to Site must comply with the TOU and any future guidelines which may be created and posted to this Site from time to time. We recommend you review the TOU on a regular basis so you can be sure you are in compliance with all agreements and guidelines. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content you place on this Site, including obtaining permission from any person shown in a photo that you upload or identified in any writing that you post. You agree that you will not upload, email, transmit, or otherwise make available any content that:
• is threatening, defamatory, abusive, obscene, pornographic;
• would give rise to any civil or criminal liability under applicable law;
• that could infringe any copyright, trademark, publicity or privacy right
or any
other intellectual property right of any person or entity
unless you have first received permission from the owner of those rights,
to use the materials;
• slurs, hate speech or which attack an individual or group on the basis of
race,
color, religion, national origin, or sexual preferences;
• contains an email address, telephone number, street address, last name,
or any other content or information that identifies a user;
• contains any materials that constitute spam. Sending the same message multiple
times or to multiple people will be treated as spam.
In addition, you agree not to use the Service or the Site to:
• harvest or collect email addresses or other contact information
of other users from the Service or the Site by electronic or other
means for the purposes of sending unsolicited emails or other unsolicited
communications;
• engage in any unlawful conduct or in any other manner that could damage,
disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact
with the Service or the Site;
• upload, post, transmit, share, store or otherwise make available any
content that company deem to be harmful, threatening, unlawful, defamatory,
infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent,
invasive of privacy or publicity rights, hateful, or racially, ethnically or
otherwise objectionable;
• upload, post, transmit, share, store or otherwise make available any
content that company deem to be of gossip, complaint, or hateful nature;
• upload, post, transmit, share, store or otherwise make available any
content that company deem to be of cancerous nature and spread a
negative message to other members of community;
• register for more than one User account, register for a User account on
behalf of an individual other than yourself, or register for a User account
on behalf of any group;
• impersonate any person or entity, or falsely state or otherwise misrepresent
yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited
or unauthorized advertising, solicitations, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available
on the Site any private information of any third party, including, addresses,
phone numbers, email addresses, Social Security numbers and credit card
numbers;
• solicit personal information from anyone under 18 or solicit passwords or
personally identifying information for unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content
that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create
liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without
authorization from the Company, or create a false identity on the Service
or the Site.
• upload, post, transmit, share, store or otherwise make available content
that, in the sole judgment of the Company, is objectionable or which
restricts or inhibits any other person from using or enjoying the Site,
or which may expose Company or its users to any harm or liability of any type.
• Cross-recruit or cross-sell other community Members.
Further, you agree not to use the Service or the Site to:
• To upload, post, transmit, share, store or add anything to this Sitethat could be interpreted to be in violation of any of the laws of the
United States or any State or locality, whether Member resides in any
of the foregoing.
• These laws shall include any laws that have been passed for purposes
of national security such as the Patriot Act and any other similar Acts.
• Member shall be strictly responsible for knowing and understanding the
laws, as set forth above, and for making sure that anything Member uploads,
posts, transmits, shares, stores or adds to the Site is in compliance therewith.
• Company, upon learning of any violation of these provisions will result
in immediate termination of the Member and a lifetime ban of the Member
from the Site.
Like all provisions of the TOU, you agree to indemnify and hold the Company
harmless for any infringement of or failure to comply with the above referenced
restrictions.
Proprietary Rights in Site content; Limited License
All content on the Site and available AS IS, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact on said information. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet Site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to the TOU and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Like all provisions of the TOU, you agree to indemnify and hold the Company harmless for any infringement or failure to comply with this provision.
All trademarks, service marks or any other form of mark appearing on this Site ("Marks") are trademarks of their respective owners, including BraveHeart Women’s Global Community and its partners. Users are prohibited from using any Marks without the written permission of BraveHeart Women’s Global Community or such third party that may own the Marks.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, blogs, articles, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire for any future usage that is not in usage at the time of removal, however you acknowledge that the Company may retain archived copies of your User Content. BraveHeart Women Global Community does not assert any ownership over your User Content; rather, as between Company and you, subject to the rights and license granted to us in the TOU, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances, and at the Company's sole discretion, Members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the Memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Company's failure to terminate a Member on or as a result of any infringement, shall not serve as any waiver of Company's rights of termination hereunder.
User Disputes
You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other users. Member agrees to hold company harmless and to indemnify it from any liability or claims that might arise out of any dispute between Members.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by the Company, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED “AS-IS” “WHERE IS” AND “WHERE AVAILABLE” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, OR OTHER HARDWARE, SOFTWARE, AND DEVICES, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
IN ADDITION, ALL INFORMATION ON THE SITE, INCLUDING USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, IS PROVIDED WITH THE UNDERSTANDING BY MEMBER THAT THE COMPANY IS NOT ENGAGED IN RENDERING, NOR DOES THE COMPANY MAKE ANY REPRESENTATIONS, WARRANTIES, OR CLAIMS, REGARDING LEGAL, MEDICAL, FINANCIAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE COMPANY HEREBY INFORMS AND ENCOURAGES YOU THAT YOU HAVE THE RIGHT TO SEEK APPROPRIATE PROFESSIONAL ADVICE REGARDING ANY SITUATION AND/OR INFORMATION ON THIS SITE THAT MIGHT REQUIRE SUCH ASSISTANCE AND ATTENTION. AS A USER YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE TO SEEK APPROPRIATE PROFESSIONAL ADVICE WITH RESPECT TO THE SUITABILITY FOR USE OF ANY PRODUCT OR INFORMATION CONTAINED OR OFFERED ON THIS SITE. YOU AGREE TO INDEMNIFY AND HOLD COMPANY HARMLESS FROM ANY DAMAGES THAT MAY RESULT BY YOUR FAILURE TO SEEK ANY PROFESSIONAL ASSISTANCE AND YOU HEREBY WAIVE ANY CLAIM AGAINST THE COMPANY FOR SUCH FAILURE.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
NONE OF THE LIMITATIONS ON LIABIILITY SET FORTH ABOVE SHALL BE IN ANY WAY MODIFIED, LIMITED OR OTHERWISE ALTERED AS A RESULT OF THE LIMITATIONS SET FORTH IN THIS SECTION. IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU AGREE TO INDEMNIFY AND HOLD COMPANY HARMLESS FROM ANY DAMAGES THAT MAY RESULT TO (OR BE ALLEGED AGAINST) COMPANY BY YOUR USE, WHETHER SUCH USE IS PROPER, IMPROPER, AUTHORIZED OR UNAUTHORIZED OR IN VIOLATION OF ANY OF THE PROVISION OF THE TOU.
Termination
The Company may terminate your Membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 years of age.
Governing Law
By visiting or using the Site and/or the Service, you agree to be subject to the jurisdiction of the State of Georgia (and to waive any claims or defenses based on jurisdiction) and that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Georgia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenes with respect to venue and jurisdiction in the state and federal courts of Georgia.
Arbitration
YOU AND THE COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner (except as set forth herein) infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; (b) no disputes or claims relating to any transactions you enter into with a third party may be arbitrated; and (c) nothing in this Arbitration provision shall limit Company's right to seek injunctive relief against Member for any breach of the TOU and other agreements and from seeking appropriate damages for Member's actions that required resort to an injunction. Company shall not be obligated to comply with this Arbitration provision in the event that it determines, in its sole discretion, that it needs to seek an injunction against Member whether or not said injunction results in damages to Company.
Should Company be required to seek Arbitration relief against Member or seek an injunction against a Member, and if Company is successful either in Arbitration and/or in receiving an injunction and an award of any damages, Member shall be required and hereby agrees to pay the reasonable costs and attorney fees associated with any such action or other legal action that Company initiates against Member. This right to attorney fees and costs shall be consistent with and comply with the Laws of the State of Georgia.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER MEMBER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
All arbitration hearings or proceedings shall take place in Woodstock, Georgia.
Indemnity
In addition to the indemnifications contained elsewhere herein, you agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service.
If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum that contains:
1. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online Site are covered by a single
notification, a representative list of such works at that Site;
3. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit us to locate
the material;
4. Information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to (email not acceptable):
BraveHeart Women Global Community
Attn: Legal Department
1426 Towne Lake Parkway, suite 102-277
Woodstock, Georgia 30189
Other
These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Site or the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Interpretation
The parties agree that the TOU or any other agreement herein or referenced hereby, shall not be interpreted against Company as a result of the Company's authorship of the same. Member is advised that Member has a right and is advised to have the TOU reviewed by their own legal counsel and adviser. Member's continued use of this Site shall serve as an admission by Member that the TOU shall not be interpreted against the Company and that they have either sought their own legal counsel to review the TOU or have, after understanding and being advised of their right to counsel, have hereby waived the right to have the TOU reviewed by legal counsel and agree to the terms and conditions hereof.
