We Are Women Owned
Membership Terms of Service Agreement

We Are Women Owned

Membership Terms of Service Agreement

Welcome to We Are Women Owned! This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and THE STYLE THEORY LLC, dba We Are Women Owned (“we,” “our,”, “us,” or “WAWO”), and governs your Membership with WAWO (“Membership”) and all services provided to you as part of the Membership.

Please review these Terms carefully; by signing up for and participating in the Membership, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms and conditions that we may apply from time to time, of which we would provide notice. If you do not agree to be bound by these Terms, do not join the Membership. Failure to comply with these Terms may result in the suspension or termination of your membership.

By accepting these terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms, and that agreeing to these Terms and performing the obligations under them does not and will not violate any other agreement to which you are bound. Under no circumstances may you access or participate in the Membership if you are under thirteen (13) years old.

The Membership is controlled and operated from the United States, and is not intended to subject WAWO to any non-U.S. jurisdiction or law. Any participation in the Membership is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the availability of the Membership at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose, as becomes necessary or appropriate.

  1. Qualifications. To qualify for Membership, businesses must: a) have at least one woman brand owner or founder; b) be purpose-driven, social conscious, and environmentally mindful; c) be product-based, service-based, or a non-profit organization; d) have a strong brand with gorgeous visuals and a compelling brand story; e) not intend to have a short term life span; f) if product-based, sell products through an e-commerce platform (your own website, Etsy, Society 6, etc.); g) if product-based, offer intentionally-designed, high quality products.
  1. Admission to Membership. An application for the WAWO Membership does not guarantee acceptance. To ensure the Membership provides a rewarding and valuable experience for all of our members, we make efforts to avoid significant overlap in any single category or industry. WAWO reserves the right to deny access to businesses for any reason in its sole discretion. If an application is not approved, WAWO will notify the applicant and refund any Membership Fee paid by the applicant.
  1. Membership Categories and Benefits. You may participate in the Membership through either a Free Directory Listing or a Paid Membership.
  1. Non-paid Service

Free Directory Listing

You may submit one (1), and only one, business to be included in the WAWO Directory at no cost. To request a Free Directory Listing for your business, you must submit the following materials and information, all of which will be featured in the Directory:

  • Business Name
  • Brief Business Description (limited to 250 characters)
  • Brand Photo
  • Founder Photo
  • Website
  • Category Tags

The Free Directory Listing does not include: a comprehensive brand profile; links to social media accounts; share button; detailed business description; founder story; the ability to share or advertise promotional codes or events; testimonials; or any other Paid Directory Membership benefit WAWO offers currently or in the future. Free Directory Listing participants will not have the ability to share events on the Directory Event Calendar, will not be featured on the “What’s New” page, and will not have access to the Network membership community.

  1. Paid Memberships 

There are two types of Paid Memberships: The WAWO Network and the WAWO Network + Directory.

  1. WAWO Network

If you purchase the WAWO Network, you will receive access to the WAWO Network Membership Community.

The WAWO Network includes:

  • Twice-Weekly Virtual Coworking Sessions each Monday and Friday from 11am-12:30pm EST
  • Resource Library of recorded workshops and Q&A’s
  • Virtual networking opportunities via a community platform and events
  • Member Directory access
  • Priority access and members-only pricing for WAWO events, promotion on WAWO platforms, and future WAWO Holiday Gift Guides
  1. WAWO Network + Directory

If you purchase the WAWO Network + Directory, you will receive access to the WAWO Network Membership Community & may submit up to two (2) businesses to be included in the WAWO Directory.

As a Directory Member, your Directory Listing includes:

  • Image Gallery
  • Business Name
  • Location
  • Categories
  • About the Brand
  • About the Founder
  • Upcoming Events
  • Current Promotions
  • Social Media Links
  • Badge for Your Website
  • Testimonials
  • Share Button (so your newest fans can tell the entire internet about you)
  • Shop Now Button

Paid Directory Members also receive a welcome post featuring your business on WAWO’s Instagram account, @wearewomenowned.

Members may add additional services subject to WAWO’s offerings and then-current pricing, and will be governed by either an amendment to this Agreement or a separate agreement.

 

WAWO reserves the right to modify, limit, suspend, or discontinue any of the benefits provided under any of the Membership categories at any time, and will notify Members of such changes. We encourage you to check the WAWO website periodically for the most current offerings. WAWO will have no liability for any change in the Membership, or any suspension or termination of your access to the Membership.

  1. Membership Fee.

By joining the Membership as a Paid Member, you authorize WAWO to charge your credit card for the then-current Membership Fee indicated when you join, including any applicable state, county, or local tax and service charges.

Monthly Membership

  1. Fee: The Monthly Membership Fee is the then-current fee for the Monthly Membership as indicated by WAWO on our website, wearewomenowned.com, or in any official WAWO-provided communications.
  2. Fee Adjustment: the right to change or raise the Monthly Membership Fee at any time, which will not affect the member’s then-current term, but will be applicable to the following term, if the Member renews.
  3. Renewal and Termination: The Monthly Membership is set to automatically renew every month. It continues until the member chooses to cancel. If there is a failure in processing the payment (e.g., expired credit card), the membership will be temporarily suspended if payment is not submitted within seven (7) days. The membership will remain inactive until the member updates their payment information.

Once payment is made, it shall be non-refundable. Acceptable forms of payment are debit or credit card.

  1. Creative Content. We will provide Members with login credentials for the Directory. You are responsible for uploading (a) creative assets, including, without limitation, the text, data, images, illustrations, graphics, and other materials (collectively, the “Creative Content”), and (b) additional information (including business information) that we need in order to provide the Membership Benefits. You will submit the Creative Content in a format suitable for posting on our website and according to our policies regarding artwork specifications and format. You acknowledge that any delay in providing the Creative Content to WAWO will result in a delay in our provision of the Benefits. You shall remain the owner of the Creative Content.
  1. Representations. You represent, warrant, and agree that:
  1. all Creative Content you submit, and any material to which the Creative content links or refers, is accurate, complete, up to date, in compliance with these Terms and applicable laws, rules, and regulations, and is not harmful;
  1. you own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to exploit and to authorize us to exploit your Creative Content in all manners contemplated by these Terms;
  1. the Creative Content, and any material to which the Creative  Content links or refers does not violate any personal or proprietary right of any third party (including, but not limited to, copyrights, trademarks, patents, service marks, trade secrets, privacy rights, rights of celebrity, etc.), nor constitute false advertising;
  1. the Creative Content and any other materials you submit will not contain any scandalous, libelous, or unlawful matter or material;
  1. you have obtained all applicable releases for our use of the Creative Content and will obtain any future releases that may be necessary.
  1. WAWO is not responsible for any fees, royalties, or other payments due to you or any third party in connection with our use of the Creative Content or your name and likeness.
  1. Waiver of Moral Rights. You waive all moral rights in Creative Content which may be available to you in any part of the world and confirm that no such rights have been asserted.
  1. License to Use. You grant WAWO and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment on, modify, creative derivative works of, perform, and otherwise full exploit the Creative Content in connection with the provision of the Membership and our (and our successors’ and assigns’) businesses, including, without limitation for promoting, marketing, advertising, and redistributing part or all of the WAWO website or the Membership in any media formats, whether now or hereafter created or discovered) and through any media channels, whether now or hereafter created or discovered, including without limitation on our blog, on social media platforms, in our  marketing materials, and on third-party websites and feeds.
  1. Approval and Rejection. We have the right to reject, in our sole discretion, any Creative Content. If Creative Content is rejected, you may modify the Creative Content to meet WAWO’s requirements. We may also remove any Creative Content due to defect or any other reason. We reserve the right to retroactively reject and remove any Creative Content even after the Creative Content has been posted on our website or social media channels. No Creative Content will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Creative Content.
  1. Violations. We may take appropriate action against you or your Creative Content if you violate our rights or the rights of any third party or any other provision of these Terms. This may include, but is not limited to, removing or modifying Creative Content, terminating your account, and/or reporting you to law enforcement authorities. You acknowledge that any and all information accessed by you through the Membership is at your own risk and you will be solely responsible for any resulting damage or loss to you or any other party.

 

  1. Relationship of the Parties. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of WAWO, and you do not have any authority of any kind to bind WAWO in any respect whatsoever.
  1. Harassment. At no time and under no circumstances whatsoever shall WAWO tolerate, and you agree not to engage in, or permit anyone affiliated with you or your business to engage in, abusive, violent, destructive, menacing, or harassing behavior towards WAWO or any WAWO Member.
  1. WAWO’s Website.
  1. Downtime. Because of the possibility of technical issues, we do not guarantee that the WAWO website will be live 24/7. In the unlikely event of any downtime because of such technical issues, we will (i) work to restore the website as fast as reasonably possible, and (ii) use our reasonable and good faith judgment to determine if the Term should be extended at no additional cost to compensate you for the downtime.
  1. Analytics. Upon your request, we will provide analytics on your page views and clicks. We do not guarantee a certain number of page views or clicks as a result of participation in the Membership.
  1. Compliance with WAWO’s Company Values. You agree to uphold WAWO’s company values. If we learn that you have made (whether in private or in public) any statements that are homophobic, transphobic, racist, sexist, xenophobic, ableist, or similarly offensive or inappropriate, then we may immediately suspend your Membership. In such event, we will not be responsible for refunding any advance payment of the Membership Fee.
  1. Default.
  1. Member Default. In the event (i) you fail to make a payment within thirty (30) days after receipt of a notice from WAWO that payment is late, or (ii) you are in breach of a non-monetary provision of this Agreement after receipt of notice thereof and thirty (30) days to cure, we shall have the right to limit your access to Membership benefits indefinitely or permanently. In such event, we will not be responsible for refunding any advance payment of the Membership Fee.
  1. WAWO Default. In the event that we in breach a provision of these Terms after receipt of notice thereof and thirty (30) days to cure, you shall have the right to terminate your Membership. In such event, you shall be entitled to a refund of any portion of WAWO’s Fee paid towards Membership benefits that have not yet been provided.
  1. Indemnity. You agree to defend, indemnify, and hold harmless WAWO, and WAWO’s officers, directors, members, agents, affiliates, distributors, franchisees, contractors, and employees, from and against any and all claims, liabilities, damages (actual and consequential), losses, fees, and expenses (including attorneys’ fees) arising from or in any way related to any claims, suit, action, or demands (“Claims”) relating to: your participation in the Membership; your Creative Content; your violation of any obligation, duty, representation, or warranty contained in these Terms, or any applicable law, rule, or regulation; your infringement, misappropriation, or other violation of any third-party right, including any intellectual property or right of publicity, confidentiality, other property, or privacy right; and any dispute or issue between you and any third party. In the event of such Claim, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under these Terms).

WAWO agrees to defend, indemnify, and hold harmless you, your business and your business’s officers, directors, members, agents, affiliates, distributors, franchisees, contractors, and employees, from and against any and all claims, liabilities, damages (actual and consequential), losses, fees, and expenses (including attorneys’ fees) arising from or in any way related to any claims, suit, action, or demands (“Claims”) relating to WAWO’s negligence in connection with the provision of the Membership under these Terms.

  1. Limit of Liability. No personal liability shall accrue hereunder against any individual, member, partner, officer, director, representative, employee, trustee, fiduciary, or principal (disclosed or undisclosed) of WAWO.

WAWO’s maximum liability under this Agreement shall be limited to the amount paid by Member during that particular term of membership, i.e. the fee for the relevant month of a Monthly Membership.

Notwithstanding any other provision herein, but excluding indemnification obligations, it is expressly understood and agreed that neither WAWO nor you shall have any liability for consequential, special, punitive or treble damages with respect to any of these Terms.

  1.  Force Majeure. Each of the following shall be defined as a “Force Majeure Event”: (a) acts of God; (b) casualty or natural disasters (including, without limitation, fire, earthquake, explosions, hurricane, flooding, storms, blizzards, infestations, epidemic, or pandemic); (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrection, or other civil unrest; (d) government order, law, or act (or failure to act); (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, lockouts, labor disputes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) personal incidents such as accident, death in the family, illness, medical or health condition, or sudden tragic circumstances; or (j) any other reason not within the reasonable control of the party delayed in performing (whether similar or dissimilar to the foregoing events).

If either party shall be prevented from performing under these Terms by reason of a Force Majeure Event, then such non-performing party shall not be in default under or in breach of these Terms as a result. The non-performing party shall give notice of its inability to perform to the other party within five (5) days after the Force Majeure Event, though performance shall still be excused even if notice isn’t given. The non-performing party shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event, and the non-performing party shall resume the performance of its obligations as soon as reasonably practicable after the end of the Force Majeure Event. The provisions of this Section shall not operate to excuse you from timely payment to WAWO.

  1. Miscellaneous Provisions.
  1. Amendment. We reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. The “Last Updated” legend above indicates when these Terms were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address when you create an account, and, if your email address changes, for updating your account information to reflect your new email address. Your continued use of the Membership following any changes to these Terms will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. If you don’t agree with the new Terms, you may no longer access or participate in the Membership.
  1. Applicable Law. These Terms shall be governed by and will be construed under the laws of the United States (including federal arbitration laws) and the laws of the State of New Jersey, without regard to the conflicts of laws provisions thereof.
  1. Assignment. You may not assign, delegate, or transfer, directly or indirectly, all or part of your rights or obligations under these Terms without WAWO’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without your consent or notice to you.
  1. Arbitration. Both you and WAWO acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, WAWO’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
  1. Arbitration Rules; Applicability. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, such dispute shall be finally settled by binding arbitration. The arbitration will proceed in the English language, in accordance with the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms, then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The Consumer Arbitration Rules are available online at  https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_2.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Hudson County, New Jersey. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
  1. Class Action Waiver. You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. Notwithstanding anything to the contrary in these Terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability, or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or representative action, and (ii) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
  1. Waiver of Jury Trial. You and WAWO are each waiving the right to trial by a jury and instead choosing to have claims and disputes resolved by arbitration. However, as set forth above, the preceding arbitration requirement shall not apply to disputes to the extent relating to the interpretation or application of the class action waiver above, including its enforceability, revocability, or validity.
  1. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will survive the termination of your relationship with WAWO
  1. Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
  1. Waiver. The failure of either party to require strict compliance with the performance of any obligations or conditions of these Terms shall not be deemed a waiver of that party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of these Terms.
  1. Entire Agreement. You and WAWO agree that these Terms are the complete and exclusive statement of the mutual understanding between you and WAWO and that these Terms supersede and cancel all prior written or oral agreements between the parties.