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Womentally Terms of UseThese Terms of Use, together with Womentally’s Privacy Policy, set forth the terms andconditions (“Terms”) that apply to your access and use of the Womentally website, located athttps://www.womentally.co/ (together, the “Site”). “Womentally” includes Womentally, LLCand its officers, directors, employees, consultants, affiliates, subsidiaries, and agents. TheWomentally Services may include, but are not limited to e-commerce jewelry business.By using or accessing the Site you agree to these Terms, as updated from time to time inaccordance with Section 9 below. We may at times ask you to review and accept supplementalterms that apply to your interaction with a specific product or service. These Terms state thatany disputes between you and Womentally must be resolved in arbitration.1. Account Security. To use the Site, you must (i) be at least eighteen (18) years ofage; (ii) have not previously been suspended or removed from the Services; and (iii) register forand use the Site in compliance with any and all applicable laws and regulations.2. Account Registration. To access some features of the Site, you may be requiredto register for an account. When you register for an account, we may ask you to give us certainidentifying information about yourself, including but not limited to your email address and othercontact information, and to create a password (“Registration Information”). When registering forand maintaining an account, you agree to provide true, accurate, current, and completeinformation about yourself. You also agree not to impersonate anyone, misrepresent anyaffiliation with anyone else, use false information, or otherwise conceal your identity fromWomentally for any purpose. You are solely responsible for maintaining the confidentiality andsecurity of your password and other Registration Information. For your protection and theprotection of other users, we ask you not to share your Registration Information with anyoneelse. If you do share this information with anyone, we will consider their activities to have beenauthorized by you. If you have reason to believe that your account is no longer secure, you mustimmediately notify us at womentally@gmail.com3. Prohibited Conduct. You agree not to:A. Use the Site for any illegal purpose, or in violation of any local, state, national, orinternational law;B. Violate or encourage others to violate the rights of third parties, includingintellectual property rights;C. Post, upload, or distribute any content that is unlawful, defamatory, libelous,inaccurate, or that a reasonable person could deem to be objectionable, profane,indecent, pornographic, harassing, threatening, hateful, or otherwiseinappropriate;D. Interfere in any way with security-related features of the Site;E. Interfere with the operation or any user’s enjoyment of the Site, including byuploading or otherwise disseminating viruses, adware, spyware, worms, or othermalicious code, making unsolicited offers or advertisements to other users, orattempting to collect personal information about users or third parties withouttheir consent;F. Access, monitor or copy any content or information of the Site using any robot,spider, scraper, or other automated means or any manual process for any purposewithout Womentally’s express written permission;G. Perform any fraudulent activity, including impersonating any person or entity,claiming false affiliations, accessing the accounts of other users withoutpermission, or falsifying your identity or any information about you, includingage or date of birth; orH. Sell or otherwise transfer the access granted herein.4. Third Party Content. The Site may contain links to third party websites andservices. Womentally provides such links as a convenience, and does not control or endorsethese websites and services. You acknowledge and agree that Womentally has not reviewed thecontent, advertising, products, services, or other materials that appear on such third partywebsites or services, and is not responsible for the legality, accuracy, or appropriateness of anysuch content. If you decide to access any of the third party websites linked to this Site, you do soentirely at your own risk and subject to the terms and conditions of use for such websites.Womentally shall not be responsible or liable, directly or indirectly, for any damage or losscaused or alleged to be caused by or in connection with the use of any such third party websitesor services.5. Intellectual Property. You acknowledge and agree that you relinquish allownership rights in any ideas or suggestions that you submit to Womentally through this Site.This Site is protected by applicable copyright and other intellectual property laws, and nomaterials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, ordistributed in any way without our express permission. All trademarks and service marks on theSite belong to Womentally, except third-party trademarks or service marks, which are theproperty of their respective owners.6. Online Purchases. All purchases through the Site or other transactions for thesale of goods or services formed through the Site, or resulting from visits made by you, aregoverned by our Terms of Sale, which are hereby incorporated into these Terms.7. Indemnification. You agree that you will be personally responsible for your useof the Site, and you agree to defend, indemnify, and hold harmless Womentally from and againstany and all claims, liabilities, damages, losses, and expenses (including attorneys’ andaccounting fees and costs), arising out of or in any way connected with (i) your access to, use of,or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation;(iii) your violation of any third party right, including without limitation any intellectual propertyright, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues betweenyou and any third party. Womentally reserves the right, at our own expense, to assume theexclusive defense and control of any matter otherwise subject to indemnification by you, and insuch case, you agree to cooperate with our defense of such claim.8. Termination. If you violate these Terms, your permission to use the Site willautomatically terminate. In addition, Womentally, in its sole discretion, may suspend orterminate your user account and/or suspend or terminate some or all of your access to theServices at any time, with or without notice to you. You may terminate your account at any timeby contacting Womentally at womentally@gmail.com. After your account is terminated,information and content previously provided by you will no longer be accessible through youraccount, but Womentally may continue to store such information and content, and it may also bestored by third parties to whom it has been transferred through your use of the Site.9. Modification of the Terms. Womentally reserves the right at any time to modifythese Terms and to impose new or additional terms or conditions on your use of the Site. Suchmodifications and additional terms and conditions will be effective immediately upon notice andincorporated into these Terms. We will make reasonable efforts to notify you of any materialchanges to the Terms, including, but not limited to, by posting a notice to our website or bysending an email to any address you may have provided to us. Your continued use of theServices following notice will be deemed acceptance of any modifications to the Terms.10. Disclaimers of Warranties. The Site provided “as is” and on an “as available”basis, without warranty or condition of any kind, either express or implied. AlthoughWomentally seeks to maintain safe, secure, accurate, and well-functioning services, we cannotguarantee the continuous operation of or access to our Site, and there may at times be inadvertenttechnical or factual errors or inaccuracies. Womentally specifically (but without limitation)disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quietenjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage,or trade. You assume all risk for any/all damages that may result from your use of or access tothe Site. Womentally does not guarantee the accuracy of, and disclaims all liability for, anyerrors or other inaccuracies in the information, content, recommendations, and materials madeavailable through the Site.11. Limitation of Liability. In no event will Womentally be liable to you for anyincidental, special, consequential, direct, indirect, or punitive damages, whether based onwarranty, contract, tort (including negligence), statute, or any other legal theory, whether or notWomentally has been informed of the possibility of such damage. Some jurisdictions do notallow the disclaimer of warranties or limitation of liability in certain circumstances.Accordingly, some of the above limitations may not apply to you.12. Governing Law. These Terms are governed by the laws of the State of NewYork, without regard to conflict of law principles. Subject to Section 13, which provides thatdisputes are to be resolved through binding arbitration, to the extent that any lawsuit or courtproceeding is permitted hereunder, you and Womentally agree to submit to the exclusivepersonal jurisdiction of the state courts and federal courts located within Queens County, NY forthe purpose of litigating all such disputes.13. Dispute Resolution by Binding Arbitration. In the interest of resolvingdisputes between you and Womentally in the most expedient and cost effective manner, you andWomentally agree to resolve disputes through binding arbitration instead of in courts of generaljurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court.Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discoverythan in court, and is subject to very limited review by courts. Arbitrators can award the samedamages and relief that a court can award. Any arbitration or litigation under these Terms willtake place on an individual basis; class arbitrations and class actions are not permitted. Youacknowledge and agree that the arbitrator may award relief (including monetary, injunctive, anddeclaratory relief) only in favor of the individual party seeking relief and only to the extentnecessary to provide relief necessitated by that individual party’s claim(s). Any relief awardedcannot affect other users.14. Modification of the Site. Womentally reserves the right to modify ordiscontinue, temporarily or permanently, some or all of the Site at any time without any notice orfurther obligation to you. You agree that Womentally will not be liable to you or to any thirdparty for any modification, suspension, or discontinuance of any of the Site.15. General.A. Entire Agreement. These Terms, together with the Privacy Policy, constitute theentire and exclusive understanding and agreement between you and Womentallyregarding your use of and access to the Site, and except as expressly permittedabove may only be amended by a written agreement signed by authorizedrepresentatives of the parties.B. No Waiver. The failure to require performance of any provision shall not affectour right to require performance at any time thereafter, nor shall a waiver of anybreach or default of the Terms constitute a waiver of any subsequent breach ordefault or a waiver of the provision itself.C. Paragraph Headers. Use of paragraph headers in the Terms is for convenienceonly and shall not have any impact on the interpretation of particular provisions.D. Severability. In the event that any part of the Terms is held to be invalid orunenforceable, the unenforceable part shall be given effect to the greatest extentpossible and the remaining parts will remain in full force and effect.16. Notice to California Residents. Under California Civil Code Section 1789.3,you may contact the Complaint Assistance Unit of the Division of Consumer Services of theCalifornia Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202,Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaintregarding the service or to receive further information regarding use of the service.Last updated: July 22, 2022***

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