Terms of Use

Last Modified: May 25, 2018

Acceptance of the Terms of Use

Welcome to the website of N.E.S.H.A., LLC (“Her Agenda,” “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://heragenda.com, including any features, functionality, content (including all information, software, text, articles, displays, images, graphics, photographs, video and audio, and the design, selection and arrangement thereof), and services offered on or through https://heragenda.com (collectively, the “Website”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website. By accessing or using the Website, you indicate that you have read and understand, and accept and agree to be legally bound and abide by, these Terms of Use and our Privacy Policy, found at https://heragenda.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use at any time in our sole discretion. The date these Terms of Use were last revised is identified at the top of the page, and any changes will go into effect 30 days after such date. You are expected to check this page so you are aware of any changes, as they are binding on you, and your continued use of the Website after such effective date means that you accept and agree to be legally bound and abide by such changes.

Notwithstanding the foregoing, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.

Website Access, Account and Privacy

We reserve the right to withdraw or amend this Website, and any service or content we provide on the Website, and to restrict users’ (including registered users’) access to some parts of or the entire Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

Subscribers to our Website may choose, or may be provided with, an account, user name, and/or password as part of our security procedures and must treat such information as confidential and not disclose it to any other person or entity.

Her Agenda is committed to protecting the privacy of its Website visitors, and all information gathered from you in connection with your use of the Website is governed by our Privacy Policy, which is incorporated here by reference.

Intellectual Property Rights

The Website is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. As between you and Her Agenda, the Website is owned by Her Agenda, its licensors or other providers of content. You acknowledge that you do not acquire any ownership or other rights with respect to the Website by your access or use thereof.

Subject to your compliance therewith, these Terms of Use permit you to access and use the Website for your personal, non-commercial use only. You may print or download one copy of a reasonable number of pages of the Website and/or any content we make available on the website, in each case for your own personal, non-commercial use and not for any other purpose, including further reproduction, publication or distribution. If we provide social media features with certain content, you may take such actions as are enabled by such features. Notwithstanding the foregoing, you must not delete or alter any copyright, trademark or other proprietary rights notices from copies of content from the Website.

If you wish to make any use of Website content other than as set out in this section, please address your request to: info@heragenda.com

All rights not expressly granted herein are reserved by Her Agenda. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Her Agenda name, the phrase “No one Ever Slows Her Agenda,” [any additional unregistered trademarks, the Her Agenda logo and the similar or related trademarks, names, logos, product and service names, designs and slogans that appear on the Website are trademarks of Her Agenda or its affiliates or licensors. You must not use such marks without the prior written permission of Her Agenda. All other trademarks, names, logos, product and service names, designs and slogans that appear on this Website are the trademarks of their respective owners. You must not use such marks without the prior written permission of such owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Her Agenda trademarks, or may be construed to mean that Her Agenda has authority to grant any right or license on behalf of any third-party trademark owner.

Eligibility

This Website is intended solely for users who are 13 years of age or older, and any registration, use or access to the Website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use.

Her Agenda may terminate your account, delete any content or information that you have posted on the Website and/or prohibit you from using or accessing the Website (or any portion, aspect or feature of the Website) for any reason or no reason, at any time in its sole discretion, with or without notice.

Payment

By purchasing services, including signing up for a premium account, on or through the Website, you represent that you are 18 years of age or older. You are responsible for all charges incurred under your account. Her Agenda may procure the services of a third party for the purpose of processing such transactions. Information pertaining to our relationship with third parties can be found in our Privacy Policy, which is incorporated here by reference [Insert Link to Privacy Policy]. Should you wish to terminate a Her Agenda service that you paid for, you will not be entitled to a refund. Rates for Her Agenda services may change over time and are effective the date they are posted to the Website. Failure to timely pay any fee may prohibit a user’s access to certain Her Agenda services.

Website Use; Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including copyright laws, and any laws regarding the import or export of data or software).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards [Insert Internal Link to Content Standards] set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Her Agenda, a Her Agenda employee, another user or any other person or entity (including by using e-mail addresses associated with any of the foregoing), or to attempt to obtain the Personal Information (as defined in the Privacy Policy) [Insert Internal Link to Privacy Policy] of any third party.
  • To engage in any other conduct that restricts or inhibits anyone’s use of the Website, or which, as determined by us, may harm Her Agenda or users of the Website or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use thereof, including introducing any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful, attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website or otherwise attempting to interfere with the performance or functionality of the Website.
  • With any robot, spider or other automatic device, process or means of access, for any purpose, including monitoring or copying any of the material on the Website.

User Contributions

The Website may contain message boards, surveys, details of user events, job listings and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or other materials (collectively, “User Contributions”) on or through the Website.

You represent and warrant that all of your User Contributions comply with the Content Standards [Insert Internal Link to Content Standards] and all other provisions set out in these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Her Agenda, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By posting any User Contributions on the Website, you hereby waive any moral rights and grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, non-terminable, irrevocable, transferable license to use, reproduce, modify, create derivative works based on, perform, display, distribute and otherwise disclose to third parties any such User Contribution for any purpose, and to permit others to do any of the foregoing. Please note, User Contributions posted to the Website may be shared by other users for example, via social media sites.

You represent and warrant that you own or control all rights in and to your User Contributions and have all rights needed to grant the license granted above.

You may choose to, or we may invite you to submit, comments or ideas about the Website, including, about how to improve the Website (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous and without restriction and will not place Her Agenda under any fiduciary or other obligation, that we are free to disclose the Idea on a non-confidential basis to anyone or otherwise use the Ideas without any compensation to you.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Her Agenda.
  • Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.

You agree that Her Agenda will not be held liable to you or any third party as a result of its taking or not taking any of the actions described in this section, or for any other action or inaction regarding User Contributions, or other transmissions, communications or content provided by any user or third party.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS HER AGENDA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY SUCH ACTIONS TAKEN DURING OR AS A RESULT OF SUCH INVESTIGATIONS OR COURT ORDER.

Content Standards

User Contributions must comply in their entirety with all applicable federal, state, local and international laws and regulations, as well as with these Terms of Use and our Privacy Policy [Insert Link to Privacy Policy]. Her Agenda may curate all User Contributions and may allow or disallow posting of any such User Contributions in its sole and absolute discretion. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is libelous, defamatory, threatening, obscene, indecent, abusive, harassing, violent or that encourages violence or a criminal offense.
  • Contain or promote sexually explicit or pornographic material, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization, including giving the impression that such User Contributions emanate from or are endorsed by us or any other person or organization, if this is not the case.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Copyright Infringement

We take claims of copyright infringement seriously, and will respond expeditiously to notices of alleged copyright infringement. Her Agenda may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate the accounts of users who are suspected of copyright infringement. If you believe any materials accessible on the Website infringe your copyright, you may request removal of those materials from the Website by submitting a written notification to info@heragenda.com. Please include the following in such notification:

  • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
  • identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material;
  • adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
  • a statement that you have a good faith belief that use of the copyrighted material is not authorized;
  • a statement that the information in the written notice is accurate; and
  • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
  • your physical or electronic signature.

Please be aware that if you knowingly misrepresent that any material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and legal fees).

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, please submit a written notification stating the same to info@heragenda.com. To help us identify such material, please include, to the extent possible, an identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access disabled.

Linking to the Website and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Cause the Website or portions of it to be displayed, or appear to be displayed (for example, by framing) on any other site.
  • Otherwise take any action with respect to the content on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Third-Party Content

This Website may include content or services provided by third parties, including content provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in such materials are solely the opinions and the responsibility of such persons or entities and do not necessarily reflect the opinion of Her Agenda. We are not responsible, or liable to you or any third party, for the content or accuracy thereof.

The Website may also contain links to other sites and resources provided by third parties (including links contained in advertisements and job listings), which links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the state of New York in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Disclaimer of Warranties

Her Agenda does not warrant the accuracy or completeness of information on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HER AGENDA NOR ANY PERSON ASSOCIATED WITH HER AGENDA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HER AGENDA NOR ANYONE ASSOCIATED WITH HER AGENDA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, INOFFENSIVE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

HER AGENDA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

IN NO EVENT WILL HER AGENDA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

By using the Website in any manner, you represent and warrant that your use will be consistent with these Terms of Use. You agree to defend, indemnify and hold harmless Her Agenda, 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 of Use, your use of the Website (including your User Contributions), any use of the Website’s content and services other than as expressly authorized in these Terms of Use, your use of any information obtained from the Website, and your fraud, violation of law, negligence or willful misconduct.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Her Agenda of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Her Agenda to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Her Agenda with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by N.E.S.H.A., LLC, 119 W. 24th Street, 4th Floor, New York, NY 10011.

All notices of copyright infringement claims should be sent to info@heragenda.com

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

Thank you for visiting the Website.

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HerAgenda
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