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

• 7.1 Creating an Account. To access and/or use the Sites and Services, you may be required to sign-up for an account and submit certain information about yourself and your business to us. It is a condition of your use of the Sites and Services that all information you provide through the Sites and Services, including but not limited to any documentation uploaded to the Sites and Services, is correct, current, complete, and free from any viruses, unlawful, or otherwise harmful information.
• 7.2 Account Confidentiality. You must treat your account username and password as confidential and must not disclose such information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or Services or portions of it using your username, password, or other related information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security of such information. You also agree to ensure that you exit from your account at the end of each session on our Sites or Services. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
• 7.3 Disabling the Account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you or any other user has violated any provision of these Terms.
• 7.4 Keeping the Account Active. You must use your account to keep it active. This means you must sign in at least once in a twelve month period to keep your account, and associated Sites and Services, active, unless a longer period is provided under another agreement. We have the right to disable any account that is deemed to be inactive by us in our sole discretion.
• 7.5 Fraudulent Use. If we reasonably suspect that your account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), we may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access. We reserve the right to disable any account that is deemed to have been potentially or actively compromised in our sole discretion.
• 7.6 Account Ownership. You understand and acknowledge that you have no ownership rights in your account on the Sites and Services, and that if you cancel your account or your account is terminated, all information you have submitted as part of your account will be marked as deleted in and may be deleted from our systems. Information may be retained in our sole discretion.

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.

• 9.1 Pricing. When you subscribe for our Services, you will be offered the opportunity to have those subscriptions automatically renew. The amount of each subscription, and subsequent renewal price, will be presented to you at or before the point at which you sign-up for the automatic renewal service.
• 9.2 Cancellation Policy or Suspension of Subscription. All Subscriptions are non-refundable during the one-year period in which they apply. You may cancel your Subscription after the first year period is up, and have up to 15 calendar days to cancel before your Subscription automatically renews. All subscription plans are an annual commitment. To cancel or pause your subscription before it renews, log into your account using the following link: https://5050wob.com/networkinghub/login/, select your profile name on the top right, select “Account” and select “Subscriptions” or “Payments” to pause or cancel your subscription before it renews.
• 9.3 Changing Fees and Charges. Although we may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services, we will not change the cost of your Subscription during the duration of the Subscription. The cost of your Subscription is stated to you at the time you sign-up for the Subscription.
• 9.4 Cancellations by 50/50 Women on Boards. We may suspend or terminate your use of the Services and your Subscription at any time, and in our sole discretion, if we have reason to believe you’ve engaged in a violation of these Terms. Such termination or suspension may be immediate and without notice.

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.

• 10.1 Eligibility. Only residents of North America (Canada, Mexico, and the United States) are eligible to apply through the 50 Women to Watch for Boards Program. Women currently serving on a publicly traded company board are ineligible. Our Selection Committee will carefully review all submissions and retains discretion to select the 50 women who demonstrate a high level of qualification and potential to serve on a public company board.
• 10.2 Nomination Process. You may nominate yourself or others. We encourage all eligible women to apply and share their accomplishments and aspirations. You represent and warrant that all information you submit as part of this program is accurate and truthful, and is not being submitted in violation of any applicable law. You may only submit one nomination (whether for yourself or others). Multiple submissions will be rejected.
• 10.3 Consent To Data Sharing. By submitting your information for consideration as part of this program, you consent and agree that we may share your contact information with interested third-party organizations who may want to reach out to you and discuss your candidacy for a board position.
• 10.4 Third-Party Organizations. Third-party organizations who wish to contact those identified on the ultimate list of nominated women may contact us for further information. Any contact information a third-party organization receives from us as part of this program may only use such information for the purpose of contacting nominated individuals for board participation. Additional terms may apply in any information received from the third-party organizations.
• 10.5 Reliance on List. We do not warrant the qualifications or eligibility for employment or work of the list of 50 Women to Watch for Boards. Any reliance you place on such list is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such list by you or any others who review the list, or are informed of its contents.
• 10.6 Application & Program Fees. All application and program fees are non-refundable. If a selected finalist is unable to fulfill the program fee requirement, we reserve the right to offer the opportunity to the next qualified candidate in line.

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:

• solicit members for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
• express or imply that any statements you make are endorsed by the Company;
• scrape the Sites or Services or use other automated or manual means to take our content without our express prior written consent;
• modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Sites and Services not intended to be so read;
• take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
• interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
• bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Sites and Services, including without limitation other accounts, computer systems or networks connected to the Sites and Services; run any form of auto-responder or “spam” on the Sites and Services; access or use the Sites and Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or otherwise take any action in violation of these Terms.

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:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
• Identification of works or materials being infringed; identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; your contact information, including address, telephone number and, if available, e-mail address; a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

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

• 23.1 Disputes. The terms of this section shall apply to all Disputes between you and the Company. For the purposes of this section, “Dispute” shall mean any dispute, claim, controversy or action between you and the Company, including but not limited to disputes concerning these Terms, your use of the Sites and Services, and/or privacy or publicity rights, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. YOU AND THE COMPANY AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY 50/50 WOB FOR (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; AND/OR (4) TRADEMARK INFRINGEMENT OR DILUTION.
• 23.2 Dispute Notice. In the event of a Dispute, you or the Company must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to the Company must be addressed to 50/50 Women on Boards, PO BOX 861958 LOS ANGELES, CA 90086 (“Company Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file.
• 23.3 Informal Efforts. As a prerequisite for submitting a Dispute to mediation, you and the Company agree to make good faith efforts at resolving any Dispute informally. If you and the Company do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or the Company may commence with mediation as outlined below.
• 23.4 Mediation. If informal efforts fail, the Dispute must first be submitted for non-binding mediation before a neutral third party before it may proceed elsewhere. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between you and the Company. The administrative fees associated with mediation will be negotiated between you and the Company. Such fees will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with any other remedy available by law.
• 23.5 Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.
• 23.6 WAIVER OF CLASS AND REPRESENTATIVE ACTIONS. YOU AGREE THAT YOU MAY BRING DISPUTES AGAINST 50/50 WOB IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS.
• 23.7 Amendments to this Section. Notwithstanding any provision in these Terms, you and 50/50 WOB agree that if 50/50 WOB makes any material amendments to the dispute resolution procedure in this Section 23, the Company will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the Company Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
• 23.8 Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
• 23.9 Exclusive Venue For Other Controversies. The Company and you agree that any controversy excluded from the dispute resolution procedure outlined above shall be filed only in the courts located within Los Angeles County, California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such Dispute.

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.