Effective: November 26, 2023
Last Updated: January 16, 2024
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FEMINNOVATION WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING INFO@FEMINNOVATION.COM WITHIN THIRTY (30) DAYS OF ACCEPTING THESE TERMS.
— INTRODUCTION —
— OVERVIEW OF SERVICES —
— ELIGIBILITY TO USE SERVICES —
Anyone can access the FemInnovation website at www.feminnovation.com (the “Website”) for general information about FemInnovation and the Services. Access to all of the Services is limited to individuals who are over the age of eighteen (18) years old. Access to specific FemInnovation Services may be further restricted based on the type and category of user (e.g., founder, investor, clinician, etc.).
By purchasing or accessing any of the FemInnovation Services, you represent and warrant as follows:
You are least eighteen (18) years old and are otherwise legally qualified to enter into and form contracts under applicable law.
You are legally authorized to view and share with us personal data and payment data.
NOTE: THESE TERMS ARE VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
— USE OF THE SERVICES —
You may use the Services only for lawful purposes and in accordance with these Terms. In addition, FemInnovation imposes certain restrictions on your use of the Services. While using the Services, you shall not:
Provide false, misleading, or inaccurate information to FemInnovation or any other user.
Use the Services (i) for any commercial purpose; (ii) for the benefit of any third party; or (iii) in any manner not permitted by these Terms.
Impersonate or attempt to impersonate FemInnovation, one of our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Services for any use, including, without limitation, use on third-party websites, without our consent.
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to use the Services.
Access content or data not intended for you, or log onto a server or account that you are not authorized to access.
Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
Attempt to probe, scan, or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorization.
Interfere or attempt to interfere with the use or functionality of the Services by any other user, host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing.”
Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Services.
Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by FemInnovation or any other third-party (including another user) to protect the Services.
Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by FemInnovation in providing the Services. Any violation of this section may subject you to civil and/or criminal liability.
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by FemInnovation, may harm us or users of the Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Services.
Encourage or enable any other individual to do any of the above.
FemInnovation is not obligated to monitor your use of the Services, but we may do so to ensure your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. FemInnovation reserves the right to suspend or terminate your use of the Services without notice to you if you partake in any of the prohibited uses described above.
— PAYMENT FOR SERVICES —
Overview. To access the Services, you may be required to pay for the Services. Payment may be required up-front prior to accessing the Services and/or may be in the form of an ongoing subscription payment. You should review the payment terms for each of the Services offered by FemInnovation, which are expressly incorporated into and made a part of these Terms. To the extent these Terms expressly conflict with the payment terms for a particular Service, the payment terms for the specific Service(s) you have enrolled in will take precedence and apply.
Currency and Taxes. All prices for the Services are in U.S. dollars and do not include any applicable taxes.
Payment Terms for Services. The following fees and payment terms currently apply to the Services. These fees and payment terms are subject to change at any time and without notice.
FemInnovator Strategy Program: The FemInnovator Strategy Program currently costs $3,000 per individual and is payable via a one-time up-front payment prior to accessing the Services.
Femtech School: Femtech School currently costs $1,500 per individual and is payable via a one-time up-front payment prior to accessing the Services.
Femtech Medical Consultant Certificate: The virtual Femtech Medical Consultant Certificate currently costs $4,500 per individual and is payable via a one-time up-front payment prior to accessing the Services.
Bridging the Gap Partnership Program: The Bridging the Gap Partnership Program currently costs $5,000 per request for proposal and is payable via a one-time up-front payment prior to accessing the Services.
Payment Method. FemInnovation uses Stripe to process payments. You may purchase the Services using Stripe or using FemInnovation’s Circle community (which is also linked to Stripe). If you have difficulty making payments through any of these methods, please contact us at email@example.com and we will work with you to accept payment through an alternate means. Payment is accepted using most major credit cards. You must provide FemInnovation with a valid credit card as a condition to purchasing any of the Services. If you prefer an alternate payment method, please contact us at firstname.lastname@example.org. By providing your payment information to FemInnovation, you authorize us to immediately bill your payment source for your selected Services.
Price Changes. FemInnovation reserves the right at any time to change its prices and billing methods by updating its pricing and billing methods on the Website and in these Terms.
Unpaid Amounts. If any payment is not made in a timely manner, or your transaction cannot be processed, FemInnovation reserves the right to suspend, disable, cancel, or terminate your access to the Services. In addition, FemInnovation reserves the right to collect from you all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees, and any other associated costs.
No Refunds. FemInnovation does not offer refunds for any of the Services. Once a Service is purchased, the user is responsible for paying the full fee associated with the Service and adhering to these Terms. FemInnovation will only offer a full or partial refund if we are fully unable to provide the Service to you after you have completely paid for the Service.
Termination. Except to the extent that applicable law explicitly requires a longer notice period, FemInnovation reserves the right to terminate your access to the Services at any time without notification, including in the event that we are unable to bill the fee for the Services to your payment source.
— ACCOUNT —
Certain Services (e.g., FemInnovator Community and Femtech Medical Consultant Certificate) may require you to create an account to access the Services. Once you have purchased and enrolled in any Services that require you to create an account, you will have the opportunity to create a user account (“Account”) on the applicable platform (for example, the applicable platform for the FemInnovator Community is Circle, and the applicable platforms for the Femtech Medical Consultant Certificate are Circle and Teachable). You will be required to create a username and password as part of your Account in order to access the Services. Your username and password are, collectively, your “User Credentials.” You are solely responsible for (i) maintaining the strict confidentiality of your User Credentials, (ii) not allowing another person to use your User Credentials to access the Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Credentials, regardless of whether you were aware of those activities. You agree to immediately notify FemInnovation in writing via email of any unauthorized use of your User Credentials or any other compromise of the security of your Account.
FEMINNOVATION WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. FEMINNOVATION IS NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by FemInnovation and/or its affiliates, officers, directors, and representatives due to someone else’s use of your Account or password, regardless of whether you were aware of such use.
— INTELLECTUAL PROPERTY —
Services Ownership and Use. Depending on the particular Service, FemInnovation either owns, leases, or has the right to provide the Services, including all content and functionality you access through the Services. Subject to your compliance with these Terms and payment of applicable fees, FemInnovation grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services.
THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what is allowed under these Terms without FemInnovation’s express written permission.
Intellectual Property Rights. “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models; (ii) copyrights and database rights; (iii) trademarks, trade names, domain names, and trade dress and the goodwill associated therewith; (iv) trade secrets; (v) mask works; and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between the parties, all right, title, and interest, including all Intellectual Property Rights, in the Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by FemInnovation or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by FemInnovation. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You may not use FemInnovation’s name, trademarks, service marks, or logos, or those of third parties appearing in the Services in any advertising or publicity or to otherwise indicate FemInnovation’s or such third party’s sponsorship or affiliation with any product or service without express written permission from FemInnovation or such third party.
— PRIVACY —
We are not responsible for nor liable to you or any third party for a third party’s treatment of personal data, including any collection, use, disclosure, storage, loss, theft, or misuse of personal data, whether or not such treatment violates applicable law.
— EQUIPMENT, TECHNOLOGY, AND INTERNET ACCESS —
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, “Systems”) necessary for you to access and use the Services. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. FemInnovation is not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
— COMMUNICATIONS AND MARKETING —
We may send communications, including emails, to you regarding the Services. These communications are necessary to provide you with the Services. You can choose to filter any Services emails using your email settings, but we do not provide an option for you to opt out of these communications.
We may send communications, including emails and newsletters to you using the personal information you provide on the Website or through the Services. If you consent to receive marketing or other communications not related to FemInnovation or the Services, we will provide you with the option to opt out of such marketing communications within the applicable message.
— THIRD-PARTY SITES —
YOU AGREE THAT FEMINNOVATION WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“THIRD PARTY MATTERS”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.
Any reference in the Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.
— YOUR REPRESENTATIONS AND WARRANTIES —
In addition to other representations and warranties contained throughout the Terms, you represent and warrant that your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and FemInnovation policies and procedures (to the extent such policies and procedures are communicated to you). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH DATA) WITH US.
— WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY —
NO WARRANTIES. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FEMINNOVATION EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FEMINNOVATION MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FEMINNOVATION MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FEMINNOVATION OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
YOU UNDERSTAND THAT FEMINNOVATION DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES FEMINNOVATION VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE SERVICES. FEMINNOVATION MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES.
FEMINNOVATION CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. FEMINNOVATION CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE SERVICES.
YOUR RESPONSIBILITY FOR LOSS OR DAMAGE. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD FEMINNOVATION OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER FEMINNOVATION NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FEMINNOVATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES.
FEMINNOVATION IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SERVICES. YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED BY FEMINNOVATION DOES NOT CONSTITUTE LEGAL ADVICE AND MAY NOT BE RELIED UPON AS LEGAL ADVICE.
FEMINNOVATION IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY OTHER PERSON OR USER, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, FEMINNOVATION’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
— INDEMNIFICATION —
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FEMINNOVATION AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
— FEEDBACK —
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mailing FemInnovation at Info@FemInnovation.com. You acknowledge and agree that if you submit any Feedback, you grant to FemInnovation a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
— DISPUTE RESOLUTION —
*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*
You agree that any dispute between you and FemInnovation arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. FemInnovation wants to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by written agreement between you and FemInnovation.
Informal Dispute Resolution. Before filing a claim against FemInnovation, you agree to try to resolve the dispute informally by contacting FemInnovation at Info@FemInnovation.com. Most user concerns can be resolved quickly and to your satisfaction through email. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below.
Arbitration Agreement. In the unlikely event that our team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Arbitration Association (“AAA”).
Arbitration Rules. The arbitration will be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Dispute Resolution section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and FemInnovation otherwise agree, the arbitration will be conducted in the State of Delaware. If, for some reason, the Parties are unable to arbitrate in the State of Delaware, they will arbitrate in the State of North Carolina. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and FemInnovation submit to the arbitrator, unless a party requests a hearing, or the arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the Limitation of Liability section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The arbitrator may decide if attorneys’ fees and other costs should be awarded to either party.
Fees. You and FemInnovation shall each pay fifty percent (50%) of all arbitrator costs, expenses, and fees incurred in connection with arbitrating under these Terms.
Exceptions to Agreement to Arbitrate. FemInnovation may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
NO CLASS ACTION. YOU MAY ONLY RESOLVE DISPUTES WITH FEMINNOVATION ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.
Opt Out of Alternative Dispute Resolution Process. Notwithstanding the above, you can decline or “opt out” of the alternative dispute resolution process described above by contacting us at Info@FemInnovation.com within thirty (30) days of first accepting these Terms and stating that you (first and last name) decline this dispute resolution process.
YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.
If you opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, you submit to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware in any legal proceeding arising out of or relating to these Terms, unless otherwise agreed to in writing by you and FemInnovation. If any state or federal court sitting in the State of Delaware determines it does not have proper jurisdiction over the case, you alternatively submit to the exclusive jurisdiction of any state or federal court sitting in the State of North Carolina. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and you waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
— GENERAL CONTRACT TERMS —
Governing Law. These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without FemInnovation’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. FemInnovation may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices. Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by FemInnovation via email (in each case to the email address that you provide); and/or (ii) by posting to the Website. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from FemInnovation electronically satisfies any legal requirement that such notice be in writing.
YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH FEMINNOVATION IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE OR POSTING ON THE WEBSITE.
You shall give any notice to FemInnovation by email to info@FemInnovation.com. Notice to FemInnovation shall be effective upon receipt of notice by FemInnovation.
No Inadvertent Waiver. The failure of FemInnovation to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FemInnovation.
Severability. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
Remedies. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Contacting FemInnovation. Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at info@FemInnovation.com.