Womentally Terms of Use

These Terms of Use, together with Womentally’s Privacy Policy, set forth the terms and
conditions (“Terms”) that apply to your access and use of the Womentally website, located at
https://www.womentally.co/ (together, the “Site”). “Womentally” includes Womentally, LLC
and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents. The
Womentally 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 in
accordance with Section 9 below. We may at times ask you to review and accept supplemental
terms that apply to your interaction with a specific product or service. These Terms state that
any 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 of
age; (ii) have not previously been suspended or removed from the Services; and (iii) register for
and 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 required
to register for an account. When you register for an account, we may ask you to give us certain
identifying information about yourself, including but not limited to your email address and other
contact information, and to create a password (“Registration Information”). When registering for
and maintaining an account, you agree to provide true, accurate, current, and complete
information about yourself. You also agree not to impersonate anyone, misrepresent any
affiliation with anyone else, use false information, or otherwise conceal your identity from
Womentally for any purpose. You are solely responsible for maintaining the confidentiality and
security of your password and other Registration Information. For your protection and the
protection of other users, we ask you not to share your Registration Information with anyone
else. If you do share this information with anyone, we will consider their activities to have been
authorized by you. If you have reason to believe that your account is no longer secure, you must
immediately notify us at womentally@gmail.com
3. Prohibited Conduct. You agree not to:
A. Use the Site for any illegal purpose, or in violation of any local, state, national, or
international law;
B. Violate or encourage others to violate the rights of third parties, including
intellectual 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 otherwise
inappropriate;
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 by
uploading or otherwise disseminating viruses, adware, spyware, worms, or other
malicious code, making unsolicited offers or advertisements to other users, or
attempting to collect personal information about users or third parties without
their 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 purpose
without 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 without
permission, or falsifying your identity or any information about you, including
age or date of birth; or
H. Sell or otherwise transfer the access granted herein.
4. Third Party Content. The Site may contain links to third party websites and
services. Womentally provides such links as a convenience, and does not control or endorse
these websites and services. You acknowledge and agree that Womentally has not reviewed the
content, advertising, products, services, or other materials that appear on such third party
websites or services, and is not responsible for the legality, accuracy, or appropriateness of any
such content. If you decide to access any of the third party websites linked to this Site, you do so
entirely 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 loss
caused or alleged to be caused by or in connection with the use of any such third party websites
or services.
5. Intellectual Property. You acknowledge and agree that you relinquish all
ownership 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 no
materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way without our express permission. All trademarks and service marks on the
Site belong to Womentally, except third-party trademarks or service marks, which are the
property of their respective owners.
6. Online Purchases. All purchases through the Site or other transactions for the
sale of goods or services formed through the Site, or resulting from visits made by you, are
governed by our Terms of Sale, which are hereby incorporated into these Terms.
7. Indemnification. You agree that you will be personally responsible for your use
of the Site, and you agree to defend, indemnify, and hold harmless Womentally from and against
any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and
accounting 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 property
right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between
you and any third party. Womentally reserves the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, and in
such case, you agree to cooperate with our defense of such claim.
8. Termination. If you violate these Terms, your permission to use the Site will
automatically terminate. In addition, Womentally, in its sole discretion, may suspend or
terminate your user account and/or suspend or terminate some or all of your access to the
Services at any time, with or without notice to you. You may terminate your account at any time
by contacting Womentally at womentally@gmail.com. After your account is terminated,
information and content previously provided by you will no longer be accessible through your
account, but Womentally may continue to store such information and content, and it may also be
stored 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 modify
these Terms and to impose new or additional terms or conditions on your use of the Site. Such
modifications and additional terms and conditions will be effective immediately upon notice and
incorporated into these Terms. We will make reasonable efforts to notify you of any material
changes to the Terms, including, but not limited to, by posting a notice to our website or by
sending an email to any address you may have provided to us. Your continued use of the
Services 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. Although
Womentally seeks to maintain safe, secure, accurate, and well-functioning services, we cannot
guarantee the continuous operation of or access to our Site, and there may at times be inadvertent
technical or factual errors or inaccuracies. Womentally specifically (but without limitation)
disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet
enjoyment, 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 to
the Site. Womentally does not guarantee the accuracy of, and disclaims all liability for, any
errors or other inaccuracies in the information, content, recommendations, and materials made
available through the Site.
11. Limitation of Liability. In no event will Womentally be liable to you for any
incidental, special, consequential, direct, indirect, or punitive damages, whether based on
warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not
Womentally has been informed of the possibility of such damage. Some jurisdictions do not
allow 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 New
York, without regard to conflict of law principles. Subject to Section 13, which provides that
disputes are to be resolved through binding arbitration, to the extent that any lawsuit or court
proceeding is permitted hereunder, you and Womentally agree to submit to the exclusive
personal jurisdiction of the state courts and federal courts located within Queens County, NY for
the purpose of litigating all such disputes.

13. Dispute Resolution by Binding Arbitration. In the interest of resolving
disputes between you and Womentally in the most expedient and cost effective manner, you and
Womentally agree to resolve disputes through binding arbitration instead of in courts of general
jurisdiction (“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 discovery
than in court, and is subject to very limited review by courts. Arbitrators can award the same
damages and relief that a court can award. Any arbitration or litigation under these Terms will
take place on an individual basis; class arbitrations and class actions are not permitted. You
acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and
declaratory relief) only in favor of the individual party seeking relief and only to the extent
necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded
cannot affect other users.
14. Modification of the Site. Womentally reserves the right to modify or
discontinue, temporarily or permanently, some or all of the Site at any time without any notice or
further obligation to you. You agree that Womentally will not be liable to you or to any third
party for any modification, suspension, or discontinuance of any of the Site.
15. General.
A. Entire Agreement. These Terms, together with the Privacy Policy, constitute the
entire and exclusive understanding and agreement between you and Womentally
regarding your use of and access to the Site, and except as expressly permitted
above may only be amended by a written agreement signed by authorized
representatives of the parties.
B. No Waiver. The failure to require performance of any provision shall not affect
our right to require performance at any time thereafter, nor shall a waiver of any
breach or default of the Terms constitute a waiver of any subsequent breach or
default or a waiver of the provision itself.
C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience
only 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 or
unenforceable, the unenforceable part shall be given effect to the greatest extent
possible 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 the
California 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 complaint
regarding the service or to receive further information regarding use of the service.
Last updated: July 22, 2022

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