WEBSITE TERMS OF USE

The www.primewomen.com website (the “Website”) is owned and operated by Women In Their Prime, LLC (“We”, “Us” or “Our”). These terms of use (these “Terms of Use”) govern your access to and use of the Website.  If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website. If you use or access the Website in any manner whatsoever, your use will be deemed to be acceptance of the Terms of Use.

 

  1. Changes.  We may, at any time, for any reason and without notice, make changes to these Terms of Use. Any modifications will take effect when posted to the Website. If you do not or cannot agree to the amended terms, your only option is to cease all use and access of the Website.

 

  1. Local Compliance.

 

2.1.            If the Website or the Website Content (as defined below), including the products and services described therein, is contrary to local laws or regulations, you are not authorized to access or use the Website. We make no representation that the services, products or content on the Website is appropriate pursuant to local laws or regulations. Those who choose to access this Website from locations other than the United States do so at their own risk and are responsible for compliance with applicable local laws.

 

2.2.            “Website Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, products, services or other material that are displayed, used, or otherwise incorporated into the Website.

 

  1. License to Use.

 

3.1.            Subject to your continued compliance with these Terms of Use, we grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Website Content for your personal, informational, and non-commercial use.

 

3.2.            You may not: (i) remove any trademarks, copyright notices, or any other notice contained in any Website Content; (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast (other than sharing Website Content via Facebook, Twitter and other similar social media products in a manner that We deem appropriate), transfer, license, sell, rent, lease, adapt, create derivative works based upon, publicly display or perform, or in any way exploit any Website Content; (iii) frame or utilize framing techniques to enclose any Website Content; (iv) disassemble, decompile or reverse engineer any of the Website Content; (v) attempt to hack any portion of the Website, or to defeat or overcome any encryption technology or security measures implemented by Us; (vi) interfere with or disrupt the operation of the Website or the servers or networks connected to, or operated in connection with, the Website; or (vii) violate any applicable local, state, national or international law.

 

  1. Intellectual Property.  All Website Content is owned by Us and various third parties. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Website Content without the written permission of Us or such other party that may own the Website Content. All trademarks on the Website, including the Our logos, are owned exclusively by Us and various third parties.

 

  1. Links to Third Party Websites.  This Website may contain content and hyperlinks to other sites owned and operated by parties other than Us, including but not limited to hyperlinks and third-party content related to products and services offered and provided by parties other than Us.  Such hyperlinks are provided only for ready reference and ease of use.  We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites.  In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by Us, you acknowledge and agree that We are not responsible for and not liable for the content, products, services and other materials on or available from such websites, or for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such website. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. We are under no obligation to maintain any link on this Website and may remove a link at any time in Our sole discretion for any reason whatsoever. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website.  We are not responsible for the privacy practices of any other websites.

 

  1. Material Sent to Us.  Any information, material, or products sent to Us will be deemed NOT to be confidential (except as set forth in Our [Link: Privacy Policy]). By sending Us any information, material or content, you grant Us an unrestricted, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of those materials and information, without any accounting to you.

 

  1. No Warranties.  YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

  1. Governing Law, Forum. These Terms of Use shall be governed in all respects by the laws of the State of Texas, without reference to its choice of law rules.  Any lawsuit concerning these Terms of Use or the Website shall be brought only in the courts located in Dallas, Texas, and you hereby expressly consent to the personal jurisdiction and venue of such courts, and waive all objections thereto.

 

  1. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING IN CONNECTION WITH, OR OTHERWISE RELATED TO THE USE OR THE INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY CONTENT, PRODUCTS or SERVICES MADE AVAILABLE THROUGH, HYPERLINKED OR OTHERWISE PROVIDED, DIRECTLY OR INDIRECTLY, FROM THIS WEBSITE.  SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

  1. Indemnity. You SHALL defend, indemnify, and DO HEREBY hold HARMLESS US, OUR past, present, and future officers, directors, MANAGERS, MEMBERS, employees, agents, licensors, LICENSEES, MARKETING PARTNERS, and suppliers, TOGETHER WITH THEIR RESPECTIVE officers, directors, MANAGERS, MEMBERS, employees, agents, SUCCESSORS AND ASSIGNS (EACH, AN “INDEMNITEE”), from and against any AND ALL losses, damages, liabilities, judgments, awards, penalties, interest, fines, costs, fees or expenses of whatever kind, including, but not limited to, reasonable attorneys’ fees, INCURRED BY ANY INDEMNITEE IN CONNECTION WITH ANY claim, demand, suit, action, allegation, or any other proceeding, resulting from, or alleged to result from, these Terms of Use, THE WEBSITE, OR ANY THIRD PARTY CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH, HYPERLINKED OR OTHERWISE PROVIDED, DIRECTLY OR INDIRECTLY, FROM THIS WEBSITE.

 

  1. Assignability; Severability. We may assign these Terms of Use to an affiliated company or, in the event of a merger or acquisition of Us or the sale of substantially all of Our assets related to the Website, to the surviving or successor entity.  You may not assign these Terms of Use or the rights and obligations hereunder without Our prior written consent. If any provision of these Terms of Use shall be determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms of Use shall not be affected thereby and shall remain in force and effect.

 

  1. Termination. We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice. Sections 4 through 12 shall survive any termination of these Terms of Use.