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Terms and Conditions

Thank you for using Fund Her Projects! Through our website(s) (the “Site”), we are primarily a crowdfunding platform where certain users (“Creators”) run campaigns to fund entrepreneurial and personal projects (“Project Campaigns”) by offering rewards (“Rewards”), including pre-orders, to raise money from other community users (“Funders”). Our crowdfunding platform is called “Fund Her Projects.” Through our Site, we also allow select female entrepreneurs (“Sellers”) to sell goods and services (“Fund Her Projects Commerce”). Together with the Site, Fund Her Projects Commerce, the Fund Her Projects Fund and any other services we offer, are our “Services”.

These Terms of Service (the “Terms of Service”) govern your access to and use of the Services, so please read them carefully before using the Services. We want our Site and Services to highlight the innovations and contributions women make as entrepreneurs so that women have the best chance to achieve success, and our Terms of Service help ensure that our Site and Services work smoothly for you, for our other users, our project creators and our entrepreneurs.

Acceptance of Terms of Service:

By registering for and/or using the Services you agree to these Terms of Service. As our business grows we may revise these Terms of Service periodically. If we do, we will post the changes here. Your continued use of the Site or Services after any changes are posted constitutes your acceptance of the new Terms of Service.

These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

The Services

Registration:
In order to access or use certain Services, you may be required to register for an account on the Services (an “Account”) and provide current, accurate, identification, contact and other information. This information needs to be accurate so that we can provide the Services to you and provide Sellers and Creators with accurate information so that they can provide Rewards and products to you. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password, so please notify Fund Her Projects immediately of any unauthorized use of your account or any other breach of security.

For security purposes you cannot not select or use as a username or project name: (i) a name of another person with the intent to impersonate that person; (ii) a name that violates the property rights or publicity rights of any other person; or (iii) a name that is otherwise offensive, vulgar or obscene. We reserve the right in our sole discretion to reject the registration or cancel a username or project name.

Modifications to Services and Data:
The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. Please backup any information you want to keep as we have no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services. We reserve the right to terminate accounts.

Age:
You must be 18 years of age to use the Services, with or without registering. If you are under age 18, then you may not use or participate in the Fund Her Projects site.

Conditions of Use

You are solely responsible for all information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, messages or other materials (“content”) that you upload, post, publish or display (“post”) or email or otherwise transmit or use via the Services.

For the protection of all of our users, you agree to not use the Services to post, email or otherwise transmit any content that:

  • infringes any intellectual property right or privacy or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, vulgar, pornographic, offensive, or is otherwise inappropriate as determined by us in our sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  • impersonates any person or entity, including any of our employees or representatives; or
  • includes anyone’s identification documents or sensitive financial information.
  • or, in the sole judgment of Fund Her Projects, restricts or inhibits any other person from using or enjoying the Services, or which may expose Fund Her Projects or its users to any harm or liability of any type.

For the protection of our Services and business, and so that we can continue to provide the Services, you agree not to:

  • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
  • bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
  • harvest or scrape any Content from the Services;
  • decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application);
  • modify, translate, or otherwise create derivative works of any part of the Services.

You must comply with all applicable local, state, national and international laws and regulations and you also agree to provide accurate, up-to-date information.

Conditions for Creators and Sellers: Creators and Sellers agree not to abuse the personal information of other users. Creators may only use personal information of other users for purposes explicitly specified in the applicable Project Campaign, such as fulfilling delivery of a Reward, and providing progress updates to Funders. Sellers may only use personal information of other users to purposes related to fulfilling or processing any purchases or returns.

Intellectual Property Rights

Content:

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

The Services may contain content (“Services Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Fund Her Projects, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content.

The Fund Her Projects names and logos are trademarks and service marks of Fund Her Projects (collectively the “Fund Her Projects Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Fund Her Projects. You may not use any of the Fund Her Projects Trademarks without our prior written permission.

Notices and Licenses:

By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, irrevocable, fully paid, sublicensable and transferrable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site and the Services. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including any privacy rights, publicity rights, and any intellectual property or proprietary rights.

If you are eligible to use the Services, you are granted a limited license to access and use the Services and the Services Content and to download or print a copy of the Services Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

User Comments:

We welcome your comments, questions, suggestions and feedback about the Site or the Services (“Submissions”)! But be aware that any comments or suggestions you make to Fund Her Projects are non-confidential and become the property of Fund Her Projects, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright Complaints:

We respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please review our DMCA Copyright Policy.

Third Party Links and Content

The Services may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators.

Payments and Billing

Certain of our Services, such as the purchase of products through Fund Her Projects Commerce or the support of a Fund Her Projects Fund Project as a Funder, will be subject to payments (the “Paid Services”). By making a purchase through the Site, or funding a Project Campaign, you are agreeing to pay the amount charged to you for the applicable Service.

Fund Her Projects Fund:

We are pleased to offer a platform where Creators run Project Campaigns to raise money for their entrepreneurial ventures by offering Rewards in exchange for the financial support of the Funders (“Contributions”). By creating a Project Campaign with Fund Her Projects Fund, the Creator offers our users the opportunity to receive certain stated Rewards in exchange for Contributions. By funding a Project Campaign, the Funder accepts the offer and a contract between the Creator and Funder is formed. Although we provide the platform to connect Creators and Funders, we are not a party to this contract between Creators and Funders and all dealings are solely between users. If you are a Creator and post a Project Campaign on the Site, or a Funder who wishes to make a Contribution towards a Project Campaign on the Site, you are also bound by the following terms:

  • Fund Her Projects reserves the right to cancel, reject, interrupt, suspend or remove any Creator account and/or Project Campaign at any time for any reason.
  • As a Funder, you are solely responsible for asking questions and investigating Creators and Project Campaigns to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. Fund Her Projects cannot and does not guarantee that Contributions will be used as promised, that Creators will deliver Rewards, or that the Project Campaign will achieve its goals. We do not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Project Campaign, Reward or Contribution, or the truth or accuracy of content posted on the Services. Funders are solely responsible for determining how to treat their Contributions and receipt of any Rewards for tax purposes. In the event a Contribution is returned because of our inability to disburse funds to a Creator, you will no longer be entitled to delivery of any Reward associated with your Contribution.
  • There is often a delay between the end of the Project and the ability of the Creator to withdraw funds resulting from a successful campaign.
  • Funders agree to authorize or reserve a charge on their method of payment up to the full amount of the Contribution in the event that the Creator meets the published fundraising goal. The amount the Funder pledges is the amount that will be charged.
  • Funders must have sufficient funds available at the time of collection to participate in the Project Campaign.
  • Fund Her Projects Fund does not guarantee that all Funders’ pledges minus transaction fees will be fulfilled due to failures of payments to process.
  • By offering a Reward in exchange for a Contribution, Creators are making a promise to fulfill the promised Reward for Funder pledges or process a refund for any Rewards they are unable to fulfill. Although Creators are making this promise, Funders should understand that sometimes Creators are unable to fulfill their obligations. Fund Her Projects is not responsible if a Creator is unable to fulfil a Reward or process a refund.
  • The delivery date of each Reward offered by a Creator is an estimated date only. Creators must make good faith attempts to meet the delivery date.
  • In the event that the Creator requires additional information from the Funder to fulfill the Reward, such as a t-shirt size, the Creator will contact the Funder directly to obtain this information. In order to receive the Reward, the Funder agrees to provide the requested information within a reasonable period of time.
  • Fund Her Projects will share the Funder’s user name, email address, phone number and pledge amount with the Creator in accordance with our Privacy Policy.

Billing:

We use third-party payment processors (a “Payment Processor”) to process your credit card payment linked to the transactions on your Account on the Services (your “Payment Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right, but do not have an obligation, to correct any errors or mistakes that it makes even if it has already requested or received payment.

Payment Method:

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Payment Account upon demand.

Change in Amount Authorized:

If the amount to be charged to your Payment Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Return Policy:

Fund Her Projects does not offer refunds of any kind to any Funder making a Contribution to a Project Campaign, or with respect to any purchase made by a user from a Seller. Fund Her Projects is not responsible for any returns or refunds through to a purchaser of goods through Fund Her Projects Commerce. Returns and refunds are governed by our Return Policy as follows:

  • Items are not eligible for return unless damaged upon arrival.
  • Please contact the Seller prior to shipping back any items, as any returns should be approved by the Seller in advance.
  • Please make all product inquiries within seven (7) days of your receipt of package. Inquiries made after the 7th day of your receipt of package will not be processed.
  • If the Seller agrees to a return or exchange, the Seller’s policies and conditions will govern any such return or exchange.
  • Packages that are shipped to Fund Her Projects without an approved inquiry or prior communication will be returned to sender.
  • Although returns and exchanges are between the buyer and the Seller, please contact info@fundherprojects.com so that we know of any problems. If the same Seller ships multiple defective or incorrect items, we reserve the right to terminate the Seller’s account and ability to sell goods and services through the Site.

Termination

You agree that we may, at our discretion, terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Release

By using the Services you agree to release, discharge and hold harmless Fund Her Projects and its subsidiaries, directors, employees and affiliates (the “Fund Her Projects Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code ¤1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

Warranty Disclaimer

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Fund Her Projects is not liable for any damages or loss incurred related to Project Campaigns, product sale or purchase, Rewards or any other use of the Services. Fund Her Projects is under no obligation to become involved in disputes between any users, including between users who buy products from Sellers, or between Funders and Creators. Fund Her Projects does not oversee the performance of Project Campaigns.

Indemnity

You shall defend, indemnify, and hold harmless Fund Her Projects and the Fund Her Projects Entities from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity.

Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL FUND HER PROJECTS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

General

Legalese:

The Terms of Service constitute the entire agreement between you and Fund Her Projects and govern your use of the Services, superseding any prior agreements between you and Fund Her Projects with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Service will be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and Fund Her Projects agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Fulton County, Georgia. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Fund Her Projects to enforce any provision of these Terms of Service will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect. The arbitration agreement will survive the termination of your relationship with us.

ARBITRATION, CLASS ACTION WAIVER, AND WAIVER OF JURY TRIAL – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

International:

Accessing the Services is prohibited from territories where the Content or Services are illegal. If you access the Services from other locations, you do so at your own initiative and risk, and you are responsible for your compliance with local laws.

Force Majeure:

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Agency:

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service or by the relationship between Fund Her Projects and its users, Creators or Sellers.

Contact:

You may contact us at the following address: P.O. Box 1071, Atlanta, Georgia, 30301, USA or call 929 31 – 4HERS (4377).