50/50 WOMEN ON BOARDS TERMS AND CONDITIONS

Welcome to 50/50 Women on Boards™!

1. Introduction

These Terms and Conditions (“Terms”) form a legal and binding agreement between you and 50/50 Women on Boards, Inc. (the “50/50 WOB”, “Company”, “we”, “us”, or “ours”).
These Terms govern: (1) your access and use of our website at www.5050wob.com, including all sections of the website such as the Networking Hub, as well as any other website or digital property where these Terms are posted (“Sites”); and (3) your access and use of any services offered by us, whether through our Sites, educational programs, events, competitions and programs, social media channels or otherwise, including but not limited to any subscription services (“Services”).

2. Acceptance

Please read these Terms carefully. BY ACCESSING AND USING OUR SITES AND SERVICES YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS. If you do not want to agree to these Terms, you agree not to access or use the Sites or Services.

3. Dispute Resolution / Class and Representative Action Waiver

You agree that disputes between you and the Company concerning your access and use of the Sites and Services will be resolved by the dispute resolution procedures set forth in Section 23 below. You also agree to waive your right to participate in a class or representative action. For more details on this process, please see Section 23 below.

4. Changes to the Terms of Use

We reserve the right to update and revise these Terms at any time. Changes are effective immediately and apply to all use of the Sites and Services thereafter. Please review these Terms regularly to ensure your continued use of the Sites and Services constitutes your acceptance of the revised Terms. If there are material changes to these Terms, we may also reserve the right to provide you with notice of said changes in other alternative manners, such as posting said changes to the Sites and Services and/or communicating such changes to you directly.

5. Privacy

To learn more about how we collect and use your information when you engage with our Sites and Services, please see our Privacy Policy.

6. Eligibility

Our Sites and Services are only available to individuals who are at least 18 years old, or the age of majority in your province, territory, or country, and can form legally binding contracts with us to use the Sites and Services. If you are under the age of 18, you may not use our Sites or Services.

7. Accounts

8. Purchase of Services

You agree to provide your payment information at the time you purchase our Services, including but not limited to any subscriptions.

Our payment pages are powered by third party payment service providers. The information you provide as part of the payment process is therefore governed by those third-party’s respective privacy statements and terms. We are not responsible for the performance of those services. During your use of the Services, the third-party payment service provider may receive and implement updated credit card information from your credit card issuer to prevent your membership from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. We shall not be responsible in any manner for banking charges incurred due to payments on your account.

The registrant or sponsor acknowledges and agrees that all payments made to 50/50 Women on Boards, Inc. shall be in USD currency. Any currency conversion fees or associated charges shall be the responsibility of the sender.

9. Subscription Policies

Our Networking Hub is available on a subscription basis (“Subscription”). The Networking Hub is a digital platform where you can connect with a diverse community of past and current alumni of our workshops who are looking to support women in leadership and those looking to advance to boards. To be eligible to participate in the Networking Hub through our Subscription program, you must have taken or been enrolled in one of our workshops.

10. 50 Women to Watch for Boards Program

The 50 Women to Watch for Boards Program is a campaign designed to help close the gender gap on corporate boards by spotlighting board ready women for interested stakeholders. The process for participating in this program are set forth on our Sites.

By nominating an individual for consideration in this program, you represent and warrant you have the authority to share such information to us for consideration as part of the program. We reserve the right to use any such information as part of the 50 Women to Watch for Boards campaign, as well as other business purposes as outlined in our Privacy Policy.

11. Use of the Services; Restrictions on Use

We may from time to time and in our sole discretion develop and provide updates to the Sites and Services, change the Sites and Services, restrict access to the Sites and Services (including to subscribed users) or withdraw or terminate the Sites and Services entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Sites and Services and subject to these Terms. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Sites and Services. In the event of modification or termination of the Sites and Services, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

You may only use the Sites and Services as explicitly authorized and in compliance with these Terms. You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Sites and Services. No portion of the Sites and Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Sites and Services:

12. Internet

You acknowledge and agree that your use of the Sites and Services requires Internet access and bandwidth and we do not own or control all aspects through which the Sites and Services are provided and cannot guarantee the performance of such facilities, equipment, and communications lines. The Internet is not a secure network, and third parties may be able to intercept, accept, use, or corrupt the information you transmit or receive over the Internet. We are not responsible for invalid, erroneous or corrupted data.

13. Links to Third Party Websites

We may provide links to third party websites or services for you to access through our Sites and Services. You acknowledge that if you access any such links you do so at your sole discretion and for your information only. We do not review or endorse any of those websites or services. Although a third-party website may contain our logo or other intellectual property elements, please understand that it is independent from our Company, and we have no control over the content of those websites or services. These links do not imply endorsement of, sponsorship of, or affiliation with our Company. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

14. Networking Hub and Social Media Community Terms

50/50 WOB will not tolerate certain social media conduct by users of the Networking Hub, whether indirectly or directly targeting or relating to our Company, its members, officers, directors, employees, personnel, or agents, including for example: (a) defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda; (b) calls to violence of any kind or other threats of any kind; or (c) conduct that violates any law or regulation. If we feel that you have breached these Terms, we reserve all our rights to take further action, including but not limited to: (a) adding, removing, or modifying any content, including comments, (ii) blocking you or any other disruptive users; and (iii) discontinuing your use of any of our social media channels at any time. In the event that you engage in (or direct or influence any person to engage in) any of this prohibited conduct on your social media channels, or in the Networking Hub, or amongst its groups regarding our Company or any of its officers, directors, employees, personnel, agents, policies, services or products or other members, we may immediately terminate your subscription or use of the Sites and Services, and our social media channels, and we reserve all legal rights to pursue legal remedies against you.

15. Intellectual Property

Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Sites and Services, including without limitation, all technology and processes, enhancements, or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images, and icons, as well as the arrangement thereof. You acknowledge that the Sites and Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms: (1) using the Sites and Services does not give you any ownership of any intellectual property rights in our Sites or Services; and (2) using the Sites and Services does not grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Sites or Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

In particular, audio or video content from 50/50 WOB not explicitly indicated as downloadable may not be downloaded or copied from the Sites or Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials in the Sites or Services. If you make other use of the Sites or Services, or the content, code, data, or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. You must not access or use for any commercial purposes any part of the Sites or Services, any services, or any materials available through the Sites or Services affiliated with the membership program. You acknowledge and agree that you do not acquire any ownership interest in the Sites and Services under these Terms, or any other rights thereto other than to use the Sites and Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Sites or Services.

To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at info@5050wob.com.

16. Intellectual Property Infringement

If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights to the Sites and Services. If you believe someone has posted on our Sites and Services a work that you own without your authorization, please send a notice of copyright infringement containing the following to info@5050wob.com:

17. Third Party Materials and Content

You understand that the Sites and Services may display, include, or make available content, data, information, applications, or materials from third parties or provide links to certain third-party web sites (“Third-Party Materials”). In consideration for us allowing you to use the Services, you agree that we, our affiliates, and third-party partners may place advertising on the Services. You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials. We expressly disclaim any responsibility for all aspects of the Third-Party Materials, and you further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services in connection with any Third-Party Materials. Use of any third-party trademarks or third-party content on or in connection with the Sites or Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third-party trademarks or content, which shall remain the property of their respective owners.

18. Availability of the Sites and Services

Although we aim to offer you the best service possible, we make no promise that the Sites and Services will meet your requirements and we cannot guarantee that the Sites and Services will be fault free. If a fault occurs in our Sites and Services, please report it to us at info@5050wob.com, and we will review your complaint and, where we determine it appropriate to do so, correct the fault. We will not be liable to you if the Sites and Services are unavailable from time to time. Your access to the Sites and Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Sites and Services. We will restore the Sites and Services as soon as we reasonably can.

19. Device Requirements

To enjoy the Sites and Services via your smartphone or other Device, your Device must satisfy certain system requirements.

20. Warranty Disclaimers; Limitation of Liability

THE SITES AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITES AND SERVICES OR ANY CONTENT ON THE SITES AND SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SITES AND SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SITES AND SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SITES AND SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER DIRECTLY OR INDIRECTLY ARISING, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S BREACH OF CONTRACT OR NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) US$500.00.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.

21. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Sites and Services or your use of any information obtained through use of the Services.

22. Severability

If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

23. Dispute Resolution, Class / Representative Action Waiver

24. California Consumer Notice

California users are entitled to the following consumer rights notice: The Sites and Services are provided by the Company at the following addresses at https://5050wob.com/ and https://5050wob.com/networkinghub. If you have a question or complaint regarding the Sites and Services, please contact us by writing to 50/50 Women on Boards, PO BOX 861958 LOS ANGELES, CA 90086. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

25. Entire Agreement

These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved. Each party confirms that it has not relied upon, and shall have no remedy in respect of any agreement, warranty, statement, representation or undertaking unless set out expressly in these Terms.

26. Third Parties

A person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

27. Force Majeure

We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, acts of government and/or acts of war (including but not limited to any cyber attacks publicly or privately attributable to a state or non-state actor), labor disputes (whether relating to our workforce), public health emergencies (including but not limited to a pandemic), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.

28. Assignment

You cannot assign, transfer, or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

29. Waiver

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. For any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

30. Comments, Concerns and Complaints

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: info@5050wob.com.

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