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Downtown Women's Club Registration
DWC+ membership is $49/year

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Terms and Conditions

DWC Terms of Service Agreement Revision date: 9/01/2008 THE FOLLOWING DESCRIBES THE TERMS ON WHICH DWC SERVICES INC. d/b/a Downtown Women's Club and downtownwomensclub.com (hereinafter "DWC") OFFERS YOU ACCESS TO OUR WEBSITE, PLATFORM AND SERVICES: Welcome to DWC. DWC provides its website, online services, and sanctioned local clubs (together, the "Platform") to you subject to the terms of service set forth in this DWC Terms of Service Agreement (the "Agreement"). A statement of our privacy policy may be found at www.downtownwomensclub.com/docs/privacy/index.html. We may amend the Agreement at any time or times by posting the amended terms on our website. All amended terms shall automatically be effective to existing users 5 days after they are initially posted on our website, and effective immediately to users registering after amendments are posted. This Agreement is effective for all users of our Platform. 1. Platform We provide our users with a variety of resources to facilitate online and offline networking. You can become a club member simply by registering for our website, our e-newsletter -- the DWC Dish (free) -- or as a DWC+ member ($49/year). The Platform also includes Sanctioned DWC Local Clubs. These are clubs that are specifically referenced under the "Local Clubs" section of our website and have home pages and event calendars and DWC has only limited involvement with the operation of Sanctioned DWC Local Clubs. Our message board, DWC-123, lists "Unsanctioned Local Clubs" that are just starting out. While we encourage the development of these Unsanctioned Local Clubs, they are not considered part of the Platform, and DWC does not have any control or ownership interest over Unsanctioned Local Clubs By using the DWC Platform, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform and acceptable Public Information, as defined in Section 2 ("Your Information"). You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. 2. Definitions The following terms are used in this Agreement. Agreement - This document entitled DWC Terms of Service Agreement. DWC - DWC Services Inc., d/b/a the Downtown Women's Club and the downtownwomensclub.com website. DWC Gathering - An "in-person" meeting of DWC members at the Local Club level. These may be Sanctioned or Unsanctioned. DWC Local Club - A group of individuals in a particular geographic area who meet regularly for "in-person" social and professional networking. Local clubs may be either Sanctioned or Unsanctioned. DWC Local Club Director - The individual(s) who organize DWC Local Clubs. DWC Local Club Guidelines - The document outlining rules and regulations for starting and running a DWC Local Club. This can be found on the DWC-123 section of the website. DWC National or DWC Headquarters - The division of DWC that runs the website, maintains the DWC Local Club Guidelines, determines Local Club eligibility, and sends out the national newsletter (the DWC Monthly Dish), and the local calendar announcements. DWC+ Member - An individual who subscribes for a fee to our online services. The DWC+ Member fee applies only to designated online services and does not include any local club charges that may be assessed for a particular event. You do not have to be a member of a DWC Local Club to be a DWC+ Member and vice versa. DWC Trademarks - DWC trademarks and service marks, and other DWC logos, products, service names and slogans. Platform - The DWC website, online services and Sanctioned Local Clubs. Posting - Posting includes uploading, posting, emailing, transmitting or otherwise making available information anywhere within the Platform. Public Information - Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website Sanctioned Local Clubs - Clubs which conform to the DWC Local Club guidelines, and are recognized by DWC through a Local Club Homepage on the website. Generally these clubs have had six months of consecutive DWC Gatherings and a mailing list of over 100 email addresses before becoming sanctioned. DWC has only limited involvement with the operation of Sanctioned DWC Local Clubs. Third Party Transaction - Any transaction between two members is a Third Party Transaction. DWC is in no way a party to any transaction between members and cannot be held liable for such. Unsanctioned Local Clubs - Clubs that are just starting out. These clubs are run by individuals and are not yet sanctioned. DWC has no ownership or control over Unsanctioned Local Clubs Your Information - Any information post or other material you provide (directly or indirectly), including through the registration process or through the use of our Platform, in any public message board, blog, DWC-hosted personal webpage, or through email. "Your Information" is further defined at Section 4.1. 3. Membership 3.1 Eligibility. Our Platform is available to all individuals who are at least 18 years of age. Our Platform is not available to temporarily or indefinitely suspended DWC users. By registering to use our Platform, you represent and warrant that you are at least 18 years of age. Also, should you attend or participate in the organization or governance of a DWC Local Club or networking event, you acknowledge and agree to comply with the laws of the city, county and country in which the DWC Gathering (as defined in Section 2) occurs, including laws governing alcohol consumption. We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform. See section 5.2 for grounds for removal. 3.2 Password and Security. While you are free to surf the DWC Website without registering, when you complete our registration process you will receive a password that will enable you to access relevant areas of our online Platform. Some areas, like our DWC+ Teleclass Library will be limited to DWC+ Members. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that DWC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.2. 3.3 Fees and Payments - General. Access to our website and use of selected features of our Platform is free. We may charge fees for various premium features and services that we offer. We may, in our sole discretion, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service, we will establish the fees for that service at the launch of the service. If we impose new fees or change the fees for an existing service, such new or revised fees shall automatically be effective thirty (30) days after they are initially posted on our website, as provided above. Once fees and changes become effective, you agree to pay all fees and charges specified and all applicable taxes for the services provided and benefits received. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with the Agreement (e.g., overdrawn accounts, exceeding account limits, etc.) 3.4 Local Club Fees Assessed by DWC Local Club Directors. Some DWC Local Club Directors may require or request that club members pay fees in order to participate in their DWC Local Club events. However, these fees are to be associated with a particular event and may not exceed $10.00/person. The only exception is if the event is being held by a Sanctioned Local Club and the fees paid to DWC National d/b/a/ DWC Services Inc. If you give money to an Unsanctioned DWC Local Club or make payment to any person or entity other than DWC Services, Inc., the funds are not remitted to DWC. To the extent that you use PayPal or another payment mechanism, WE ARE NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO DWC; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY US, AND WE HAVE NO CONTROL OVER THIS MONEY OR THE DWC LOCAL CLUB DIRECTORS IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT DWC IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG DWC PLATFORM USERS AND/OR THIRD PARTIES, AND THAT YOU BEAR ALL RISK IN CONNECTION WITH SUCH THIRD PARTY TRANSACTIONS. You should use common sense and be careful in deciding whether to contribute money to unsanctioned DWC Local Club Directors. DWC Local Club Directors have full discretion whether and how to spend money in connection with their DWC Local Club. We cannot ensure that a DWC Local Club Director is legitimate and truthful, that he or she will use contributions as promised, or that you will be happy with how your contribution is spent. 4. Your Information 4.1 Definition. "Your Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process or through the use of our Platform, in any public message board, blog, DWC-hosted personal webpage, or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below). Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as "Public Information" (your name, if provided and city location (but not full address) are considered Public Information); any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public. You should understand that your Public Information may be accessible by and made public through syndication programs and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs. 4.2 Restrictions. In consideration of your use of our Platform, you agree that Your Information:(a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s); (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include. In addition, you agree that you will provide us with your valid, current email address; both at the time of your registration with us and from time to time as your email address changes. You agree that your membership profile, message board postings, uploaded pictures, or any other portions of the website reserved solely for member use may not be used by you for commercial activity, sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit of the DWC. 4.3 License. We do not claim ownership of Your Information. We will use Your Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant DWC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information. 4.4 Restriction on Use of Your Information. Except as otherwise provided in our privacy policy, we do not intend to sell, rent or otherwise disclose any personally identifiable information about you (including your email address) to any third party. 4.5 Consent to Disclosure. You acknowledge and agree that DWC may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Statement or the Terms of Service Agreement, (c) respond to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of DWC, its employees, users and the public. 5. Use of Platform 5.1 Control. You, and not DWC, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of, or posted by, other users. You agree that under no circumstances will DWC its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information. 5.2 Grounds for Removal, Sanction and/or Suspension. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate repeal and/or suspension of your account: (a) The use of our Platform to: (i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform; (ii) impersonate any person (including DWC staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, creation of false account or any other method or device; (iii) disguise the origin of any Public Information that is transmitted to any third party; (iv) "stalk" or otherwise harass another; (v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unless it is specifically contained within a designated section of the website or at a DWC Gathering; or (vi) collect or store personal data about other users; (b) Posting any Public Information or other material: (i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech; (ii) that is obscene, pornographic or adult in nature; (iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships; (iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy; (v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters"); or (vi) that is inappropriate, posted in bad faith, or contrary to the spirit of any DWC Local Club; (c) Encouraging others to violate this Agreement; (d) Refusing to follow DWC staff instruction or direction; (e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation; or (f) The transmission of money to DWC or any DWC Local Club through financial accounts that are stolen, fraudulent or otherwise unauthorized. Your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. DWC reserves the right to remove any post or other material without warning or further notice. While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform and attend DWC Gatherings at your own risk. For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, DWC and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable. 5.3 Interference with Platform. You agree that you will not: (a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) interfere with or disrupt our Platform or networks connected to our website or through the use of our Platform, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Platform, or otherwise interfere with our Platform in any way, including through the use of JavaScript, active or other coding; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of DWC or any other third party, except with the prior written consent of DWC or the appropriate third party. 5.4 General Practices Regarding Use of Platform. You acknowledge and agree that we may establish general practices and limits concerning the use of our Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice. 6. Meetings at Venues 6.1 DWC Gatherings. Through our Platform we provide tools that enable our users to arrange DWC Gatherings at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise DWC Gatherings, including without limitation, both Unsanctioned and Sanctioned Local Clubs, and we are not involved in any way with the actions of any individuals at these DWC Gatherings. As a result, we have no control over the identity or actions of the individuals who are present at these DWC Gatherings, and we request that our users exercise caution and good judgment when attending these DWC Gatherings. 6.2 Release. Because we do not supervise or control the DWC Gatherings or interactions between users and other persons or companies, and because we are not involved in any way with physical transportation to or from these DWC Gatherings or with the acts or omissions of any individuals at these DWC Gatherings, and because we do not control Paypal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and DWC Local Club Directors from claims, demands, and damages (actual, punitive and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions with other members or attendees at a DWC Gathering, your attendance at any DWC gathering, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the acts or omissions of you or other persons at, all DWC Gatherings. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits. 7. Communications; DWC Local Club Directors 7.1 Our Communications. You understand and agree that we may send you certain communications, such as DWC announcements, newsletters, service announcements and other administrative messages, and that these communications are considered part of our Platform. Your ability to opt out of these communications, if any, will be governed by our privacy policy (www.downtownwomensclub.com/docs/privacy/index.html) and indicated on the mailings. Generally, we send a monthly email - the DWC Monthly Dish - at the beginning of the month. Then you might receive a local calendar announcement or other relevant mailings throughout the month. It is our goal to limit these other emails to no more than one or two per month. We do not use traditional "snail mail" to communicate with members. 7.2 Communications with DWC Local Club Director. You understand and agree that you may receive communications from your DWC Local Club Director (a "Director") in the normal course of utilizing our Platform. By joining a DWC Local Club, you agree to receive communications from the Director, who may communicate with you through our Platform. (You may also opt-in to receiving information from other DWC Local Clubs.) If you are a Director, you agree to receive messages from individual members of your DWC Local Club. 7.3 DWC Local Club Director. You understand that Directors of DWC Local Club(s) in which you are a member have the right, in their sole discretion, to temporarily suspend, indefinitely suspend or terminate your membership in their DWC Local Club, to charge only nominal fees in connection with a DWC Gathering, and to temporarily or permanently remove any content or information that you have posted in connection with such DWC Local Club. 7.4 Use of Pop-up Windows. DWC will not launch pop-up windows to advertise third-party products or services. 7.5 Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note that is a risk that you may be dealing with underage persons or people acting under false pretense. 8. Privacy Our privacy policy is available at www.downtownwomensclub.com/docs/privacy/index.html. 9. Links 9.1 Links. We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that DWC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource. 9.2 Dealings with Marketing Partners and Third Parties Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that DWC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform. 10. Indemnity You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as a DWC Local Club Director or in DWC Gatherings (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the acts or omissions of you or other users at DWC Gatherings). 10.1. Local Club Directors. Without limiting the foregoing, DWC Local Club Directors agree to indemnify and hold DWC and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any DWC Local Club member or third party due to or arising out of your acts or omissions as a DWC Local Club Director, including your use of money paid to you by members of your DWC Local Club. 11. Warranties; Liability 11.1 Disclaimer of Warranties. Your use of our Platform is at your sole risk. Our Platform is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform. In addition, no advice or information (oral or written) obtained by you from us shall be subject to any warranty. You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. 11.2 Limitation of Liability. You agree that in no event shall DWC 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 DWC has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our Platform or transportation to or from DWC Gatherings , attendance at DWC Gatherings, participation in or exclusion from DWC Local Clubs, and the acts or omissions of you or others at DWC Gatherings. Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) $100. 11.3 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 11 may not apply to you. 12. Dispute Resolution 12.1 Governing Law, Jurisdiction and Venue. Any claims relating to, and use of, the Platform, are governed by and construed in accordance with the laws of The Commonwealth of Massachusetts (regardless of the laws that might be applicable under principles of conflicts of law). You irrevocably consent to the exclusive jurisdiction and venue of the Federal District Court for the District of Massachusetts, located in Boston, Massachusetts in all disputes arising out of or relating to this Terms of Services Agreement and your use of the Platform. You hereby irrevocably waive any objection which you may now or hereafter have to the laying of venue of any actions or proceedings arising out of or in connection with this Agreement brought in the courts referred to in the preceding sentence and hereby further irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum. In the event any dispute arises between you and DWC concerning the use of the Platform, it shall be resolved in accordance with the alternative dispute resolution procedure set forth in the following paragraph. 12.2 Mandatory Arbitration. Any controversy or claim arising out of or relating to your use of the Platform, the relationship resulting in or from your use of the Platform, the breach of any duties hereunder or any other relationship, transaction or dealing between you and DWC (collectively "Disputes") will be settled by binding arbitration in accordance with the Arbitration Rules of The American Arbitration Association. Such arbitration shall be conducted in Boston, Massachusetts. You agree the arbitration shall be conducted by a panel of three arbitrators, one designated by you, one designated by DWC, and the third, neutral arbitrator chosen jointly by our respective arbitrators. Any award rendered by the arbitrator(s) may be entered as a judgment or order and confirmed or enforced by either you or DWC in any state or federal court having competent jurisdiction thereof. If either you or DWC brings or appeals any judicial action to vacate or modify any award rendered pursuant to arbitration or opposes the confirmation of such award and the party bringing or appealing such action or opposing confirmation of such award does not prevail, such party will pay all of the costs and expenses (including, without limitation, court costs, arbitrators fees and expenses and attorneys' fees) incurred by the other party in defending such action. Additionally, if either party brings any action for judicial relief in the first instance without pursuing arbitration prior thereto, the party bringing such action for judicial relief will be liable for and will immediately pay to the other party all of the other party's costs and expenses (including, without limitation, court costs and attorneys' fees) to stay or dismiss such judicial action and/or remove it to arbitration. The failure of either party to exercise any rights granted hereunder shall not operate as a waiver of any of those rights. Your use of the Platform concerns transactions involving commerce among the several states. The arbitrators will not be empowered to award punitive damages. The agreement to arbitrate will survive termination of these Terms and Conditions. IF THESE TERMS AND CONDITIONS ARE FOUND NOT TO BE SUBJECT TO ARBITRATION, THE PARTIES KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT THEY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE ISSUES RAISED BY THAT DISPUTE. 12.3 Use Outside United States. The Platform is controlled and operated by DWC from its offices within the United States. DWC makes no representation that the contents of the Platform are appropriate or available for use in other locations outside the United States. Access to the Platform is prohibited in territories where the contents of the Platform are illegal. 12.4 Dispute Resolution by DWC for the Benefit of Users. We may try to help DWC members resolve disputes. We do so in our sole discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims. 13. Modifications We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform. 14. Termination; Breach You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a member, subscriber or DWC Local Club Director, or your ability to use all or any portion of our Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform. Termination or suspension of your use of our Platform in violation of Section 5.2 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any. 15. Trademarks; Copyrights; Proprietary Rights 15.1 DWC's Trademarks. DWC trademarks and service marks, and other DWC logos, products and service names, are trademarks of DWC Services Inc. (the "DWC Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the DWC Trademarks without DWC's prior written consent. 15.2 Copyrights and Trademarks of Others. DWC respects the intellectual property of others, and we ask our users to do the same. All content included on the Platform, including content within the DWC website (the "Site"), such as text, graphics, button icons, images, and software ("Material"), is the exclusive property of DWC or others, and protected by U.S. and international copyright laws. Subject to registration and access requirements, DWC authorizes you to view and download the Material only for your personal use, provided that you retain all copyright and other proprietary notices contained in the original Material on any copies of the Material. Material may not be modified in any way or reproduced or publicly displayed, performed, or distributed or otherwise used for any public or commercial purpose (other than commercial purposes consistent with the internal business use as a customer/subscriber/member or Local Club Director of DWC). For purposes of this Agreement, any use of the Material on any other Site or networked computer environment for any purpose is prohibited. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright Agent DWC Services Inc. P.O. Box 21 Cohasset, MA 02025 By phone: 781-923-1430 By email: webmaster@DowntownWomensClub.com 15.3 Proprietary Rights. You acknowledge and agree that our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by DWC or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part. 16. No Resale You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of DWC's Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the DWC Local Club. 17. Additional Terms 17.1 Notices. Except as otherwise stated, any notice to us shall be given by certified postal mail to DWC Services Inc., Attn: Legal Department, P.O. Box 21, Cohasset, MA 02025, or by email to webmaster@downtownwomensclub.com, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing. 17.2 Incorporation by Reference. Our privacy policy statement (http://www.downtownwomensclub.com/docs/privacy/index.html) is incorporated by reference. We may change our privacy policy statement at any time or times. 17.3 Entire Agreement. This Agreement constitutes the entire agreement between you and DWC, superseding any prior agreements between you and DWC. To the extent that you have previously registered with DWC and provided Your Information, this Agreement now governs how DWC may use Your Information, whether provided in the past or the future. 17.4 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and DWC is intended or created by this Agreement. 17.5 Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be assigned by DWC, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of DWC's assets, or similar transaction. 17.6 No Guaranty. We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our website may be interfered with by numerous factors outside of our control. 17.7 No Waiver. DWC's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches. 17.8 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and DWC nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect. 17.9 Survival. This Agreement shall survive termination of your registration and/or membership with DWC. 17.10 Limitation. You and DWC each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred. 17.11 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 18. Disclosures; Violations The Platform offered under this Agreement is offered by DWC Services Inc., P.O. Box 21, Cohasset, MA 02025. Please report any violations of this Agreement by sending a notice of the violation to the Secretary of DWC by postal mail or email, as follows: Postal Address: DWC Services Inc. P.O. Box 21 Cohasset, MA 02025 Email: Webmaster@downtownwomensclub.com * * * By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement, including Section 12 which provides that all disputes, claims or controversies arising out of or relating to this Agreement shall first be dealt with through negotiation and if the dispute is not resolved shall then be submitted to binding arbitration. ï¿½ ï¿½ 2002 - 2008 DWC Inc. ï¿½ Trademarks belong to their respective
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