Terms of Use

Acceptance of Terms of Use
These Terms of Use govern your use of the Women With Moxie service and website. By using, visiting, or browsing the Women With Moxie service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Women With Moxie service or website.

These Terms of Use are an ongoing contract between you and Women With Moxie and apply to your use of the Women With Moxie service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use
Women With Moxie, LLC, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Women With Moxie website. The most current version of the Terms of Use will supersede all previous versions. Your use of the Women With Moxie website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.

Privacy
Any personally identifying information submitted on the Women With Moxie website is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

How Our Service Works
Women With Moxie is an online subscription service providing its members with access to a an interactive website that includes the ability to post your profile, events, announcements, promotions, etc.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Membership and Billing
You can find the specific details regarding your membership with Women With Moxie at anytime by logging into your account using the form located at the top of the pages of the Women With Moxie Web site.

• Billing.  By starting your Women With Moxie membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel your membership. Log into your account to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging into your account using the form available at the top of the pages of the Women With Moxie Web site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

• Ongoing Membership.  Your Women With Moxie membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

• Cancellation.  You may cancel your membership to Women With Moxie at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, click the words "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership."

  We reserve the right to terminate your account for any or no reason.

Features & Functionality

• Community

  Our website provides you with a number of ways to share your Women With Moxie experience with others. We are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Use.

  BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE Women With Moxie COMMUNITY, Women With Moxie MEMBERS AND OTHER VISITORS TO THE Women With Moxie WEBSITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION TO BE SHARED IN A PUBLIC FORUM, DO NOT INCLUDE IT IN YOUR PROFILE.

  Use of the website is at your own option and risk.

  There are different elements to Women With Moxie website, each with its own degree of associated information sharing and features. These elements may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

  In addition, photos or images that you choose to post must be owned entirely by you and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You understand and agree that we may, but are not obligated to, review this content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.
   

• Member Compliments

  We permit you to post compliments on the Women With Moxie Web site. We do not regularly review the content posted on the Women With Moxie Web site; however, we reserve the right to reject, remove or edit such content at anytime without notice. Compliments should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks; misleading information regarding the origin of the content; or a discussion of Women With Moxie policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.

  By submitting a compliment, you understand and are permitting that all information provided in your compliment will be posted on our Web site. Also, when you post a compliment, it will be linked to your profile.
   

• Profiles

  Our website allows you to create one profile for your account.

  To edit your profile, log in using the form at the top of each page of the website and click on "Update My Profile."

  The Account Owner has access and control over her Profile, including all of the information provided and features selected for that Profile such as the member's name, password, contact information, etc. The Account Owner's control over her Profile is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone.

  You may address any concerns or questions regarding the information collected to Women With Moxie at PO Box 777, Sarasota, FL  34230.

  We reserve the right to modify the Profile feature at any time without notice.

Applications
The Women With Moxie website may contain links to websites or links and/or other connections to applications (including, without limitation, websites, widgets, software, or other software utility) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by Women With Moxie. Unless otherwise noted by Women With Moxie on the Women With Moxie website, these Applications are provided solely as a convenience to you, and Women With Moxie is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your Women With Moxie account.. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Women With Moxie account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Women With Moxie has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Women With Moxie harmless for the sharing of information relating to your Women With Moxie account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your Women With Moxie account information with, through or by any other means identified on an Application. In addition, that Application’s end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. You may revoke an Application’s access to your Women With Moxie account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. Certain Applications may be appear to be associated with or sponsored by Women With Moxie. While these Applications may utilize Women With Moxie trademarks with our permission, we do not take any responsibility for the performance of the Application or the use of any information shared with the Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Women With Moxie, unless otherwise indicated by Women With Moxie. Women With Moxie DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

Account Access; Identity Protection
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Women With Moxie website.

If you find that you're a victim of identity theft and it involves a Women With Moxie account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Women With Moxie reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Women With Moxie is not obligated to credit or discount a membership for holds placed on the account by either a representative of Women With Moxie or by the automated processes of Women With Moxie.

Disclaimers of Warranties and Limitations on Liability
THE Women With Moxie SERVICE, INCLUDING ALL FEATURES, AND FUNCTIONALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE Women With Moxie SERVICE, THE WEBSITE AND ITS CONTENTS. Women With Moxie DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Women With Moxie SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT Women With Moxie MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE Women With Moxie SERVICEOUR COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE Women With Moxie SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. Women With Moxie SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AS DEFINED IN THE APPLICATIONS SECTION ABOVE. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Women With Moxie service or on the Women With Moxie website; (ii) recommendations or advice of Customer Service; (v) any failure or interruption in the availability of the Women With Moxie service and/or website; (iii) delivery and or display of any content contained on the Women With Moxie website or through the Women With Moxie service; and (iv) any losses or damages arising from the use of the content provided on the Women With Moxie website or the Women With Moxie service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, or any conduct by users of the Women With Moxie service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not represent or guarantee that your use of the Women With Moxie service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Women With Moxie or its affiliated parties.

In no event shall Women With Moxie, LLC, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Women With Moxie website, its contents or the Women With Moxie service, including any features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the Women With Moxie service, including any features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Intellectual Property

• Copyright

  All content included on the Women With Moxie Web site and delivered to members as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Women With Moxie, LLC, or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Women With Moxie, LLC, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Women With Moxie, LLC, or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Women With Moxie website, not to insert any code or product or manipulate the content of the Women With Moxie website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Women With Moxie reserves the right to terminate your membership hereunder if Women With Moxie, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content. Women With Moxie does not promote, foster or condone any infringing activity. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Women With Moxie website.
   

• Trademarks

  Women With Moxie is a registered trademark of Women With Moxie, LLC. The Women With Moxie logo and WomenWithMoxie.com, are trademarks or service marks of Women With Moxie, LLC. The Women With Moxie website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Women With Moxie, LLC. The trademarks, service marks and trade dress of Women With Moxie may not be used or reproduced without prior written approval from Women With Moxie, LLC. and may not be used in connection with any product or service that is not affiliated with Women With Moxie, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Women With Moxie, or in any manner that disparages or discredits Women With Moxie. Other trademarks that appear on the Women With Moxie website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Women With Moxie. Any images of persons or personalities contained on the Women With Moxie website are not an indication or endorsement of Women With Moxie or any particular product or our service unless otherwise indicated.
   

• Trademark

  The U.S. Patent & Trademark Office issued to Women With Moxie U.S. Patent No. 6,584,450 that cover our service. Women With Moxie has other trademarks pending that apply to the Women With Moxie website and our operations.

Website Content
We post blog entries and events on our website, and we reserve the right to display and promote sponsors and advertisers or other information on our website to you in any manner we choose in our sole and absolute discretion. In addition, the Women With Moxie website allows you and other third parties to post reviews or comments concerning the content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Women With Moxie website are those of the respective authors or producers and not of Women With Moxie, LLC, or its shareholders, directors, officers, or employees. Under no circumstances shall Women With Moxie, LLC, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Women With Moxie website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Women With Moxie website.

Use of Information Submitted
Women With Moxie, LLC, is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Women With Moxie ("Feedback"), including responses to questionnaires or through postings to the Women With Moxie website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Women With Moxie website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note Women With Moxie does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Women With Moxie. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Women With Moxie and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing
From time to time, we test various aspects of our service, including service levels, plans, promotions, features, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications
By using the Women With Moxie service, you consent to receiving electronic communications from Women With Moxie. These communications will include notices about your account (e.g., renewal reminders, etc.) and information concerning or related to our service, such as event reminders, weekly emails and special notices. These communications are part of your relationship with Women With Moxie and you receive them as part of the Women With Moxie membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Customer Service
If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching a Customer Service Representative.

The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service.

Your Conduct on the Women With Moxie Website
By accessing the Women With Moxie website, you agree to use the Women With Moxie service, features and functionalities associated therewith, the Web site and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Women With Moxie website. You also agree not to interfere with the servers or networks connected to the Women With Moxie website or to violate any of the procedures, policies or regulations of networks connected to the Women With Moxie website. You also agree not to impersonate any other person while using the Women With Moxie website, conduct yourself in a vulgar or offensive manner while using our service, or use the Women With Moxie website for any unlawful purpose.

Limitations on Use
You must be 18 years of age or older to become a member of the Women With Moxie service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, our service and the content on the Women With Moxie website are for your personal and non-commercial use only and we grant you a limited license to access the Women With Moxie website for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Women With Moxie website, including but not limited to information contained within a member or members’ profiles, without our express written consent. Women With Moxie does not promote, foster or condone any infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Women With Moxie without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the Women With Moxie name or trademarks without our express written consent. Any unauthorized use of the Women With Moxie website or its contents will terminate the limited license granted by us.

Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links and Pages
Some of the hyperlinks on the Women With Moxie website may lead to other websites or Applications that are not controlled by, or affiliated with, Women With Moxie, LLC. In addition, other websites may link to the Women With Moxie website or Women With Moxie may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Women With Moxie may include pages that display and provide information on Applications or other products. These pages may provide links to third party sites where Women With Moxie members may obtain or purchase such Applications and products. Women With Moxie has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. Members acknowledge and agree that Women With Moxie is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any Applications and products. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled "Applications".

Claims of Copyright Infringement
It is the policy of Women With Moxie to respect the intellectual property rights of others. Women With Moxie does not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Women With Moxie website, or know of someone who is making unauthorized use of the content of the Women With Moxie website, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the Women With Moxie website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Our telephone number is (941) 870-2317 and the email address is info@womenwithmoxie.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address. For queries that are not related to copyright matters, please see other ways to contact us.

Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our website or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:

(i) Your physical signature.
(ii) Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Women With Moxie shall have the right to terminate the account of any member who posts infringing material.

Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Use should be sent to the following address:

Women With Moxie
Attn: Copyright Dept.
PO Box 777
Sarasota, FL  34230

Or email to: info@womenwithmoxie.com 

Disputes; Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, without regard to conflicts of laws provisions. You and Women With Moxie agree that the United States District Court for the Middle District of Florida and/or the 12th Judicial Circuit Court for Florida shall have exclusive jurisdiction over any dispute between you and Women With Moxie relating in any way to the Women With Moxie service or Web site or these Terms of Use. You and Women With Moxie expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.