Terms of Use

Terms of Use

Believe in She, LLC (“BelieveInShe,” “we,” “us” or “our”) grants you access to our website, www.believeinshe.com (“Site”) conditioned on your acceptance of our Terms of Use. For the purposes of our Terms of Use, “Content” means anything posted on the Site including but not limited to text, images, articles, and audio files.

Acceptance of Terms

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY BELIEVE IN SHE LLC.  BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.  THESE TERMS OF USE ARE SUBJECT TO CHANGE BY BELIEVE IN SHE LLC AT ANY TIME IN ITS DISCRETION.  YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.  PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access to this Site

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete.  If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

Use and Restrictions

You may use this Site for purposes expressly permitted by this Site.  You may not use this Site for any other purpose, including any commercial purpose, without BelieveInShe’s express prior written consent.  For example, you may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of BelieveInShe.  For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site.  You agree to cooperate with BelieveInShe in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

You may use the Site only in accordance with all applicable laws and regulations. You agree that BelieveInShe may temporarily suspend or permanently discontinue your use of our Site for any reason. You agree that you will not change, distribute, display, publish, license, or sell any Content from our Site. You also agree not to access any systems or servers in which the Site is hosted or change the Site in any way. 

Proprietary Information

The material and Content accessible from this Site, and any other World Wide Web site owned, operated, licensed, or controlled by BelieveInShe is the proprietary information of BelieveInShe or the party that provided the Content to BelieveInShe, and BelieveInShe or the party that provided the Content to BelieveInShe retains all right, title, and interest in the Content.  Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of BelieveInShe, except that you may print out a copy of the Content solely for your personal use.  In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.  Modification or use of the Content except as expressly provided in these Terms of Use violates BelieveInShe’s intellectual property rights.  Neither title nor intellectual property rights are transferred to you by access to this site.  Other than as necessary for your use of the Site in accordance with these Terms of Use, BelieveInShe grants no other privileges or rights in the Content to you.  Any Content owned by BelieveInShe may be subject to additional restrictions.

Trademarks

All trademarks, service marks, and logos, whether registered or unregistered, that appear on our Site belong to BelieveInShe. BelieveInShe retains all rights with respect to any of the trademarks, service marks, and logos appearing on this Site.  You may not display, remove or change or reproduce trademarks other than with prior written consent from BelieveInShe.

Submissions

You hereby grant to BelieveInShe the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to BelieveInShe through this Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  BelieveInShe will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future BelieveInShe operations.

BelieveInShe will treat any personal information that you submit through this Site in accordance with its Privacy Policy [insert hyper-link].

You are responsible for all Submissions that you post, upload, or otherwise make available on our Site.  BelieveInShe is not responsible for any information that you post, upload, or otherwise make available on our Site.  You agree that BelieveInShe is free to use a Submission you post, upload, or otherwise make available.  BelieveInShe agrees to use all of your Submissions in accordance with BelieveInShe’s Privacy Policy.  You further agree that you will not upload, post, or otherwise make available on our Site any material protected by law without the permission of the owner.  BelieveInShe is not liable for any damage resulting from any violations resulting from any Submission that you make.

When posting Submissions on this Site, you may not post, send, submit, publish, or transmit in connection with this Site any material that:

• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this Site;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
• solicits funds, advertisers, or sponsors;
• includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
• includes MP3 format files;
• amounts to a “pyramid” or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this Site; or
• contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

The list of prohibitions provides examples and is not complete or exclusive.

BelieveInShe reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason.  Notwithstanding these rights, you remain solely responsible for the content of your Submissions.  You acknowledge and agree that neither BelieveInShe nor any third party that provides Content to BelieveInShe will assume or have any liability for any action or inaction by BelieveInShe or such third party with respect to any submission.

Forums

We may from time to time host bulletin boards, forums, or other public posting areas (“Forums”).  The information and opinions expressed in these Forums are not necessarily ours, and we make no representations or warranties, whatever, regarding them.  Neither do we assume any obligation to monitor these Forums or to delete or edit any postings.  We do however reserve the right to delete, move, or edit any postings that we consider illegal or inappropriate in any way.

Feedback

If you submit feedback and/or ideas about BelieveInShe products and/or services to this Site, you agree to assign BelieveInShe all right, title, and interest in your feedback and ideas.

Modifications

Any Content posted on the Site by you can be changed by BelieveInShe with or without notice.  BelieveInShe reserves the right to charge fees for our products, services and Content offered through the Site, at any time.

Links to Third Party Websites

Our Site may contain links to websites and other resources operated by third parties other than BelieveInShe.  Such links are provided solely as a convenience to you. BelieveInShe does not control these websites nor has it reviewed these websites, and is not responsible for the content, products, services, or information offered by any third parties.  Hyper-links are to be accessed at the user’s own risk, and BelieveInShe makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this Site.  BelieveInShe does not endorse third party websites.  Please read terms of use and privacy policy for any third party site visited.

Warranties and Disclaimer

You understand that BelieveInShe cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data.  BelieveInShe does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by BelieveInShe.  Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment.  Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.  BELIEVEINSHE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.  BELIEVEINSHE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  BELIEVEINSHE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.  THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BELIEVEINSHE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.  YOU, AND NOT BELIEVEINSHE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.  BELIEVEINSHE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and BelieveInShe does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation on Liability

BELIEVEINSHE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BELIEVEINSHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BELIEVEINSHE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BELIEVEINSHE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold BelieveInShe, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Copyright and Trademark Infringements

BelieveInShe respects the intellectual property rights of others, and we ask you to do the same.  BelieveInShe may end services and/or access to this Site for users who infringe the intellectual property rights of others.  For copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Security

Any passwords used for this site are for individual use only.  You will be responsible for the security of your password (if any).  BelieveInShe will be entitled to monitor your password and, at its discretion, require you to change it.  If you use a password that BelieveInShe considers insecure, BelieveInShe will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts.  The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited.  If you become involved in any violation of system security, BelieveInShe reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  BelieveInShe reserves the right to investigate suspected violations of these Terms of Use.

BelieveInShe reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing BelieveInShe to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.  BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BELIEVEINSHE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BELIEVEINSHE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BELIEVEINSHE OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law.  You specifically consent to personal jurisdiction in California in connection with any dispute between you and BelieveInShe arising out of these Terms of Use or pertaining to the subject matter hereof.  The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in San Diego, California.  If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.  These Terms of Use constitute the entire agreement among the parties relating to this subject matter.  Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. BelieveInShe may revise these Terms of Use at any time by updating this posting.

Feel free to contact us with any questions or comments you have about our Terms of Use: support@believeinshe.com

Last updated: May 17^th 2011

© 2011 Believe In She LLC