Effective Date: July 4th, 2017
Last Modified: July 4th, 2017
2.2. Notice of Updated Terms. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site.
2.4. Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
3. Use of Site.
3.2. Intellectual Property Rights. The design, trademarks, service marks, logos of the Site (“Marks”) and all i-We written materials, are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the United States, foreign laws, and international conventions. The Company reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted.
3.3 Explicit Language & Mature Content. On our Sites we will discuss mature topics and language relating to personal and professional growth that may use explicit language. Users who are uncomfortable with such topics or language should not use our Sites.
3.4 Parental Permission. The Sites are not directed to minors under the age of 18 and we will not knowingly collect personally identifiable information from children under 13. We do limit access to our programs and certain content to users above a specified age. We strongly recommend that parents participate in their children’s exploration of the internet and any Online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users, under 18 who want to participate in our programs, to obtain the consent of a parent or guardian to participate in them, and/or view certain content. We do limit access to our programs and certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
3.5. User Conduct.
(a) You may not engage in any of the following prohibited activities:
- copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”,
- using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site,
- transmitting spam, chain letters, or other unsolicited email,
- attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site,
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Site infrastructure,
- uploading invalid data, viruses, worms, or other software agents through the Site,
- collecting or harvesting any personally identifiable information, including account names, from the Site,
- using the Site for any commercial solicitation purposes,
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
- interfering with the proper working of the Site,
- accessing any content on the Site through any technology or means other than those provided or authorized by the Site, or
- bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
(b) You also agree to abide by the Community Standards (Coming Soon).
4. Your Account.
4.1. Account Creation. You must complete the registration process by providing the Company with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username.
4.2. Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
4.3. Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
4.4. Use of Other Accounts. You may not use anyone else’s account at any time, without the permission of the account holder.
5. Account Security. The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. Paid Services.
6.1. Fees. The Company reserves the right at any time to charge fees for access to the Site. Any fees will be posted prominently on the Site and in other appropriate locations on the Site. However, in no event will you be charged for access to the Site unless we obtain your prior agreement to pay such charges. You may cancel your account and access to the Site at any time.
6.2. Rates. You will pay all fees and charges incurred through your account at the rates in effect for the billing period when they are incurred. You will be billed for and pay all fees and charges. You shall pay all applicable taxes relating to the use of the Site through your account.
7. User Content.
7.1. Content Ownership. You retain all ownership rights to content uploaded to Site for personal use.
7.2. Content License. By submitting content to Site, you grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
8. Links. The Site may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9. Third Party Content. Through the Site, you will have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third party content.
11. Copyright Policy. The Company respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act Pursuant to Title 17, United States Code, Section 512©.
11.1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
11.2. identification of the copyrighted work claimed to have been infringed,
11.3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
11.4. your contact information, including your address, telephone number, and an email address,
11.5. a statement by you 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, and
11.6. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
12. Confidentiality and Non-Compete. Users of our Sites hereby understand that the tools, processes, strategies, materials, and information presented on our Sites are copyrighted and proprietary, so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and The Company will pursue legal action and full damages if these terms are violated in order to protect its rights.
13. Submissions. We welcome comments about any of the sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics for seminars or within our newsletters or products. This policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If despite our request, you send us any idea, suggestion or material (“Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
14. Forums. A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, non-exclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.
15. Events, Information, and Speaker Changes. Events, information, and speakers listed on our Sites are subject to change without notification.
16. Trademarks. The Company name and logo are trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without prior written permission from the Company.
17. Promotions. Some users may promote competitions, promotions, prize draws and other similar opportunities on the Site (“Third Party Competitions”). The Company is not the sponsor or promoter of these Third Party Competitions and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any of promotion of these Third Party Competitions. If you wish to participate in any of these Third Party Competitions, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in such Third Party Competitions in your country of residence. If you wish to run your own Third Party Competition on the Platform, you are free to do so provided you comply with our Competition Terms.
18.1. Termination upon Notice. Either party may terminate this agreement at any time by notifying the other party.
18.3. Effect of Termination. Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.
18.4. Survival of Provisions. This agreement’s provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.
19. Disclaimers. The Site is provided “as is,” without any warranties of any kind. To the fullest extent permissible under applicable law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability. The information, services, products, claims, topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or strategies listed on this site as well as those that are provided in our products or to our participants through any of our Online offerings or programs, at our events, or through Feminine Light Guidance sessions and third party providers. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. You (and not i-We or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. We are not a party to and do not monitor, any transaction between users and third-party providers of products or services.
20. No Professional Advice. The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions, and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
21. Limitation of Liability. To the fullest extent permitted by applicable law in no event shall the Company be liable for:
21.1. any direct, special, indirect or consequential damages, or
21.2. any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.
22. Indemnification. You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site. The Company may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Company and you agree to assist and cooperate with the Company in the defense or settlement of any such matters.
23.1. Claim Procedure. For any dispute you have with the Company, you agree to first contact the Company and attempt to resolve the dispute informally. If the Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
23.2. Arbitration Location. Unless you and the Company agree otherwise, the arbitration will be conducted in the county where the Company resides.
23.3. Arbitration Fees. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules.
23.4. Arbitration Award. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
23.5. Injunctive Relief. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
23.6. Class Actions. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims.
23.7. Waiver of Jury Trial. You agree that, by entering into these terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action.
25. Waiver of Liability. USER has enrolled/registered or otherwise accessed The Institute of Women’s Enlightenment, LLC, The Feminine Light Programs, and its personal development products and services through its website – http://www.i-we.com or in development http://www.dev.i-we.com, hereafter, referred to as the Site.
Your use of our Site and/or services or other programs offered via The Institute of Women’s Enlightenment, LLC or our Site i-We.com is deemed to be your agreement to this Waiver of Liability and an indication that you have read and understood the Terms and Conditions.
Please READ CAREFULLY. If you do not understand nor agree to these Terms and Conditions, then do not use this Site, download or use our products nor enroll in our programs.
Please read and agree to the following Waiver of Liability.
The Institute of Women’s Enlightenment, LLC (i-We) is personal development Site and is to be used for educational and personal development purposes only.
The Feminine Light Brand is a Registered Mark that represents an ideal expressed through our programs.
The information provided by The Institute of Women’s Enlightenment, LLC our Brand, and/or Stephany Lane Yarbrough does not provide clinical counseling or psychotherapy and is not meant to be a substitute for clinical counseling, treatment for suicidal ideation, depression or severe psychiatric problems.
The psychotherapists and clinical counselors in The Feminine Light Guidance Program are independent contractors and are solely marketed through the i-We Site.
The life coaching, consulting, and facilitating experts are also independent contractors marketed through i-We as professional relationships. While it may often feel like a close personal relationship, it is not one that should extend beyond professional boundaries either during or after working together.
i-We does not provide legal or professional advice neither is it intended to provide such advice.
WAIVER OF LIABILITY
User is fully aware of the nature of these programs and recognizes that the program involves personal development activities. The User agrees that using the i-We Site or any of these services are entirely at his/her own risk. The Site and services are provided “as is,” without warranty of any kind, either expressed or implied, including without limitation any warranty for information services, uninterrupted access, or products and services provided through or in connection with the service. This Site is used and service requested at the User’s own choice and with inherent singular responsibility.
User expressly acknowledges that any course of action or inaction, taken under the guidance or influence of The Institute of Women’s Enlightenment, LLC is of his or her own design, and based on their own specific challenges, desires, and decisions to create the change they desire. Accordingly, in consideration of User’s participation in any of our Programs, User, hereby releases The Institute of Women’s Enlightenment, LLC and its agents, and assigns from any claims, demands, and causes of action as a result of his/her voluntary participation and enrollment in any personal development programs offered and for any of the materials, strategies or resources offered through the Site.
User further agrees that he/she is aware and fully understands that there are risks inherent in any activity. The User agrees that the use of all, or part, of the Site or service, is entirely at the User’s own risk. Any actions or lack of actions, taken by the User of such advice is done so solely by choice and responsibility of the User and is neither the responsibility nor liability of The Institute of Women’s Enlightenment, LLC, our Brand, and/or Stephany Lane Yarbrough.
The User understands that i-We is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and the User will not use it in place of any form of therapy.
User further affirms that he or she is in good physical and mental condition and does not suffer from any known disability or condition which would prevent or limit his or her participation in the personal development programs offered, or from using the products, materials, strategies, and resources offered through the above Site. User further acknowledges that his/her use of the information provided on this Site, any subsequent involvement in our Programs or Independent Contractor Services, any other personal development program relationship with i-We, our Brand or participation in any travel or adventure activities, or other service is purely voluntary and in no way mandated by i-We.
The User recognizes that personal development requires emotional, physical, and mental efforts, exertion, and behavioral experimentation, on the User’s part, which may cause physical, mental or emotional injury. The User fully acknowledges and takes full responsibility for all the risks involved. The User understands that it is his/her responsibility to consult with his/her primary health care provider prior to participating and should the User choose not to consult his/her health care provider, the User or accepts full responsibility waiving all rights to liability or any claims against The Institute of Women’s Enlightenment, LLC, our Brand, and/or Stephany Lane Yarbrough and/or any of its agents, administrators, or employees. The User, his/her heirs, or legal representatives forever release, waive, discharge and covenant not to sue Stephany Lane Yarbrough or The Institute of Women’s Enlightenment, LLC or Brand for any injury, harm or death caused by either negligence or other acts. The User has read and understood this form and all its contents, and the User voluntarily agrees to the terms and conditions stated above.
Confidentiality. The User understands that information will be held as confidential unless the User states otherwise in writing. If the User reports child or elder abuse or neglect or threaten to harm oneself or someone else, the User understands necessary actions will be taken and the confidentiality agreement limited in this capacity. Furthermore, if Stephany Lane Yarbrough is ordered by a court to provide information or to testify, she may do so to the extent the law requires. Additionally, the User understands that the use of technology is not always secure and accepts the risks of confidentiality in the use of email, text, phone, video conference, and other technology.
Severability. By agreeing to this clause you are consenting that if any court, having jurisdiction over this agreement, determines that any portion of this Liability Waiver is invalid, or unenforceable for any reason whatsoever, it will not cancel any of the other terms of this waiver. Furthermore, you the User, expressly agree, that the remaining provisions of the Liability Waiver shall remain in full force and effect as if they had been written and executed by the parties after the removal of the parts found to be invalid or unenforceable.
Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the California having jurisdiction over all matters arising under this waiver and the USER expressly consents to such jurisdiction over his or her person in the event of a dispute arising out of the use of this Site and/or this Waiver.
Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be resolved via binding arbitration with the American Arbitration Association in Los Angeles County. The language of the arbitration shall be English unless otherwise requested. Should the User need a language other than English said User shall provide his or her own Translator, and at their own expense, to communicate upon his or her behalf.
Assignment of Rights. The rights of The Institute of Women’s Enlightenment, LLC as spelled out herein are not personal to that party and may be assigned or transferred as part of any sale of their company to any other person, firm, corporation, or other entity without the prior, express, or written consent of the other party, if such transfer is required in the normal process of the sale, transfer or assignment.
I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS WAIVER AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY USING THIS SITE, I HEREBY AFFIRM THAT I HAVE READ, FULLY UNDERSTAND, AND AGREE TO THE ABOVE STATEMENTS AND THAT I AM WAIVING ANY RIGHT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST STEPHANY LANE YARBROUGH, THE FEMININE LIGHT BRAND, THE INSTITUTE OF WOMEN’S ENLIGHTENMENT, LLC OR THAT OF YOUR EMPLOYEES, AGENTS, OR CONTRACTORS.
26. Feedback. We welcome any comments, questions, and communication.
The Institute of Women’s Enlightenment, LLC
Beverly Hills, CA 90209
Tel: Los Angeles 310.651.0774
Tel: New York 917.283.2314