Terms of Service
Effective Date: June 15, 2023
Girls Who Know® (“Girls Who Know®,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://www.girlswhoknow.com/ (the “Website”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Website, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires, with limited exception, that you submit claims you have against us to binding and final arbitration and further: (1) you will only be permitted to pursue claims against Girls Who Know® on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you will only be permitted to seek relief including monetary, injunctive, and declaratory relief on an individual basis.
The Services consist of an online marketplace and platform through which Girls Who Know® may offer Classes for sale to Parents, and Parents may purchase such Classes for the benefit of their children.
1. KEY TERMS
1.1 “User” “you” or “your” means a person, organization or entity using the Services including but not limited to Parents.
1.2 “Parent(s)” means a parent or legal guardian who completes Girls Who Know®’s account registration process to purchase Classes on the Website for the purpose of enrolling their child.
1.3 “Teacher(s)” means a person who teaches a Class through the Girls Who Know®’s platform.
1.4 “Class(es)” means any online class(es) for sale on the Website.
2. ACCESS AND USE OF THE SERVICE
2.1 Services Description: Girls Who Know®’s Service is an online marketplace for Classes designed
for the benefit of the Parent’s child or children. Girls Who Know® owns, creates, sells, resells, controls and manages the Classes. Girls Who Know®’s responsibilities are limited to providing the Website as an online marketplace and platform to facilitate the sale, purchase, and conduct of Classes. Classes are scheduled to take place live on the date and time listed on the Website. A Parent may change from one Class to another only once if there is any conflict which makes the Parent’s child unable to attend the live Class. If there is another conflict and the Parent’s child is unable to attend the live Class a second time, then the Parent will be provided with a Class Recording of the specific Class the Parent’s child missed. If the Parent’s child cannot attend all of the live Classes, then the Parent will be provided with a Class Recording of the specific Class(es) the Parent’s child missed.
There are risks that you assume when dealing with other Users including, but not limited to those who may be acting under false pretenses. While Girls Who Know® strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not Girls Who Know®. Girls Who Know® does not control the behavior of Users or the quality of the Classes. As a result, Girls Who Know® cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.
2.3 Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: (1) immediately notify Girls Who Know® of any unauthorized use of your password or account or any other breach of security; and (2) ensure that you exit from your account at the end of each session when accessing the Service. Girls Who Know® will not be liable for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Service: Girls Who Know® reserves the right to modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice. You agree that Girls Who Know® will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
2.5 General Practices Regarding Use and Storage: You acknowledge that Girls Who Know® may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Girls Who Know®’s servers on your behalf. You agree that Girls Who Know® has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Girls Who Know® reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Girls Who Know® reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3. COMMUNITY STANDARDS
When you join the Girls Who Know® community you agree to follow our policies including, but not limited to our community standards. Those expectations include thoughtful and professional communications with our community which consists of colleagues, Parents, Teachers and children modeling appropriate behavior for the students and acting professionally. In addition, you agree to use social media, blogs and other online forums in an appropriate manner. Inappropriate behavior in any Girls Who Know®-affiliated online forum includes, but is not limited to: (1) behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or (2) any other posts or content that Girls Who Know®, in its sole discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: (a) posting online or speaking to the media on Girls Who Know®’s behalf without prior written authorization from Girls Who Know®; (b) posts that Girls Who Know®, in its sole discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; (c) derogatory, disparaging, or disrespectful comments about students, teachers, parents, or Girls Who Know® staff, even if the target is not identified by name; (d) sharing any private material, communication, or information regarding parents of students, including but not limited to students’ or Parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; (e) posts that may be harmful to Girls Who Know®’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and (f) any other violation of Girls Who Know®’s community standards.
4. STUDENT SAFETY
Each Teacher is required to report to Girls Who Know® any suspected case of child abuse or neglect they become aware of during their work with Girls Who Know® students. Consistent with the Federal Child Abuse Prevention and Treatment Act (“CAPTA” at 42 U.S.C.A. §5106g), Girls Who Know® defines “abuse or neglect” as: “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or “an act or failure to act which presents an imminent risk of serious harm.” Teachers may also be required to report suspected abuse or neglect to local authorities and Girls Who Know® expects all teachers to comply with their individual reporting responsibilities. Girls Who Know® itself may report instances of suspected abuse or neglect as it deems appropriate.
5. PAYMENT TERMS
Each Parent agrees to pay all applicable fees for Classes without the possibility of any refund (“Enrollment Fees”) as set forth on the Website. All Enrollment Fees are payable in the currency specified on the Website at the time of purchase and all sales are final and non-refundable. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income. Parent hereby authorizes Girls Who Know® to bill Parent’s payment instrument upon confirmation of a purchase, and Parent further agrees to pay any charges so incurred. If Parent disputes any charges you must let Girls Who Know® know within seven (7) days after the date that Girls Who Know® charges you.
6. CONDITIONS OF USE
6.1 User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via the Service. Girls Who Know® reserves the right to investigate and take appropriate legal action against anyone who, in Girls Who Know®’s sole discretion, violates this provision including but not limited to removing the offending Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
· email or otherwise Upload any Content that: (1) infringes any intellectual property or other proprietary rights of any party; (2) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (3) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (4) poses or creates a privacy or security risk to any person; (5) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes”, or any other form of solicitation; (6) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (7) in the sole judgment of Girls Who Know®, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Girls Who Know® or its users to any harm or liability of any type;
· in the sole judgment of Girls Who Know®, interferes with or disrupts the Service or servers or networks connected to the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
· impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· violate any applicable local, state, national or international law, or any regulations having the force of law;
· advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
· harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
· further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
· obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
6.2 Special Notice for International Use; Export Controls: The Software, as defined below, is available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service including, but not limited to as your local rules and laws concern online conduct and acceptable Content.
6.3 Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or Upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Girls Who Know® in writing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Girls Who Know® from accessing the Service including, but not limited to the blocking your IP address, you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address, using a proxy IP address or using a VPN). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the sole property of Girls Who Know®, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Girls Who Know®.
The Girls Who Know® name and logos are trademarks and service marks of Girls Who Know® (collectively the “Girls Who Know® Trademarks”). Other Girls Who Know®, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Girls Who Know®. You should not interpret anything in these Terms of Service or the Service to mean that Girls Who Know® is in any way explicitly or implicitly giving you any license or right to use any of Girls Who Know® Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Girls Who Know® Trademarks is only for Girls Who Know®’s exclusive benefit.
7.2 Third Party Material: Under no circumstances will Girls Who Know® be liable in any way for any content or materials of any third parties which includes, but is not limited to Users for including, but not limited to any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Girls Who Know® may, but is not required to, pre-screen content, and Girls Who Know® and its designees will have the right, but not the obligation, in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Girls Who Know® and its designees will have the right to remove any content that violates this Terms of Service or is deemed by Girls Who Know®, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any content including, but not limited to any reliance on the accuracy, completeness, or usefulness of such content.
7.3 User Content Transmitted Through the Service: With respect to the content or other materials you Upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and Girls Who Know® does not claim any ownership in copyright, trademark, or otherwise over your User Content. By submitting, posting or otherwise Uploading User Content on or through the Services you give Girls Who Know® a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:
· with respect to User Content that you submit, post or otherwise make publicly or generally available via the Service (for example, public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content, in whole or part, worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and
· with respect to User Content that you submit, post or otherwise transmit privately via the Services (for example via private lessons or messages with other Users) the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Girls Who Know® to provide you with the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”) provided by you to Girls Who Know® are non-confidential and Girls Who Know® will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Girls Who Know® may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, applicable laws or government requests; (2) enforce these Terms of Service; (3) respond to claims that any content violates the rights of third parties; or (4) protect the rights, property, or personal safety of Girls Who Know®, its users and the public. You understand that the technical processing and transmission of the Service including, but not limited to your content may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7.4 Copyright Complaints: Girls Who Know® respects the intellectual property of others and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you should notify Girls Who Know® of your infringement claim in accordance with the procedure set forth below.
Girls Who Know® will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be sent to us at https://www.girlswhoknow.com/contact.html. In order for this to be processed, the notification must be in writing and contain the following information:
· a description and proof of ownership of the copyright or other intellectual property interest including, but not limited to the registration number and certificate where applicable;
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
· a description of the copyrighted work or other intellectual property that you claim has been infringed including a specific link to the alleged infringed content;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
· 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.
Each notice shall be limited to only one individual claim. If said notice includes more than one individual claim then Girls Who Know® will only address the first claim in such notice.
8. THIRD PARTY WEBSITES
The Service may provide, or third parties may provide, links or other access to other websites and resources on the Internet. Girls Who Know® has no control over such websites and resources and Girls Who Know® is not responsible for and does not endorse such websites and resources. You further acknowledge and agree that Girls Who Know® will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such website or resource. Any dealings you have with third parties found while using the Service are between you and the third party and you agree that Girls Who Know® is not liable for any loss or claim that you may have against any such third party.
9. SOCIAL NETWORKING SERVICES
In addition, Girls Who Know® is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Girls Who Know® is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Girls Who Know® enables these features, if applicable, merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
10. INDEMNITY AND RELEASE
You agree to release, indemnify and hold Girls Who Know® and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including, but not limited to reasonable attorneys’ fees, rights, claims, actions of any kind and injury including death arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You understand that your child is not in any way required to participate in the program and related activities, and despite this, you want your child to participate in the program and related activities. In light of the preceding and with sufficient knowledge of your child’s physical and other conditions and limitations, if any, you voluntarily assume all responsibility and risk of loss, damage, illness and/or injury to person or property which your child may, in any way, sustains in connection with your child’s participation in the program and related activities. In consideration of your child’s participation in the program and related activities, unless otherwise stated in this Terms of Service, you agree to release Girls Who Know® and its directors, officers, employees, agents and volunteers from any and all liabilities, damages, losses and/or causes of action (collectively, “Claims”) and you agree to indemnify and hold harmless Girls Who Know® and its directors, officers, employees, and volunteers for any and all Claims including, but not limited to loss of innocence or any related Claims from your child being educated or from what your child will learn while participating in the program and related activities. You further agree to release Girls Who Know® and its directors, officers, employees, agents and volunteers from any and all related Claims to our persons or property or both, which arise out of, are related to or in connection with, or occur during, your child’s participation in or attendance at the program and related activities except to the extent any such Claims are caused by the gross negligence or willful misconduct of the employees of Girls Who Know®. You further agree to indemnify and hold harmless Girls Who Know® and its directors, officers, employees, and volunteers from any and all Claims arising out of, related to, or in connection with the program or related activities that are caused by you or your child’s negligent or intentionally tortuous acts and/or omissions.
11. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIRLS WHO KNOW® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GIRLS WHO KNOW® MAKES NO WARRANTY THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. GIRLS WHO KNOW® MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE WEBSITE OR SERVICE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIRLS WHO KNOW® WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF GIRLS WHO KNOW® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL GIRLS WHO KNOW®’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GIRLS WHO KNOW® IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
13. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
(a) Agreement to Arbitrate: This “Dispute Resolution by Binding Arbitration” section is referred to in this Terms of Service as the “Arbitration Agreement”. You agree that any and all disputes or claims that have arisen or may arise between you and Girls Who Know® whether arising out of or relating to this Terms of Service including, but not limited to any alleged breach thereof, the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration rather than a court in accordance with the terms of this Arbitration Agreement. You agree that, by entering into this Terms of Service that you and Girls Who Know® are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
14. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND
YOU AND GIRLS WHO KNOW® AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND GIRLS WHO KNOW® AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF INCLUDING, BUT NOT LIMITED TO MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). Nothing in this Paragraph or in this Arbitration Agreement more generally is intended to waive non-waivable rights under the Private Attorneys General Act, Cal. Lab. Code §2698 et seq.
15. PRE-ARBITRATION DISPUTE RESOLUTION
Girls Who Know® knows that it is important to attempt to resolve disputes amicably and efficiently and most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us at emailing customer support at https://www.girlswhoknow.com/contact.html. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail with a signature needed for the receiving party, a written Notice of Dispute (“Notice”). The Notice must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. If Girls Who Know® and you do not resolve the claim within thirty (30) calendar days after the Notice is received, you or Girls Who Know® may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Girls Who Know® or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Girls Who Know® is entitled.
16. ARBITRATION PROCEDURES
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org/. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are final and enforceable and judgment may be entered upon it in accordance with applicable law in any Court having jurisdiction thereof. Unless Girls Who Know® and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
17. COSTS OF ARBITRATION
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Arbitration Fees will initially be split 50%/50% by the parties, subject to a final ruling by the Arbitrator who may award the prevailing party with a reimbursement of their 50% split of the arbitration fees to be paid by the losing party. In addition, the prevailing Party, as determined by the arbitrator shall be entitled to recover reasonable attorneys’ fees and other costs incurred in connection with such dispute, in addition to any other relief.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be
strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement, other than the Section titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above is invalid or unenforceable, then the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Section titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
20. FUTURE CHANGES TO ARBITRATION AGREEMENT
Notwithstanding any provision in this Terms of Service to the contrary, Girls Who Know® agrees that if it makes any future change to this Arbitration Agreement other than a change to address where Notice is to be provided while you are a user of the Services, then you may reject any such change to this Arbitration Agreement by sending Girls Who Know® a written notice within fifteen (15) calendar days of the change to https://www.girlswhoknow.com/contact.html. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service or accepted any subsequent changes to these Terms of Service.
You agree that Girls Who Know®, in its sole discretion, may suspend or terminate your account or any part thereof or use of the Service and remove and discard any content within the Service for any reason including, without limitation for lack of use or if Girls Who Know® believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Girls Who Know® may also in its sole discretion and at any time discontinue providing the Service or any part thereof with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice and acknowledge and agree that Girls Who Know® 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 the Service. Further, you agree that Girls Who Know® will not be liable to you or any third party for any termination of your access to the Service.
22. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Girls Who Know® will have no liability or responsibility with respect thereto.
Girls Who Know® reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Girls Who Know® and govern your use of the Service, superseding any prior agreements between you and Girls Who Know® with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State where Girls Who Know® is legally registered without regard to to any choice or conflict of law principles of any jurisdiction. With respect to any disputes or claims not subject to arbitration as set forth above you and Girls Who Know® agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State where Girls Who Know® is legally registered. The failure of Girls Who Know® to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Girls Who Know®, but Girls Who Know® may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
24. YOUR PRIVACY
25. NOTICE FOR CALIFORNIA USERS
Under California Civil Code §1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at https://www.girlswhoknow.com/contact.html.
26. QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at https://www.girlswhoknow.com/contact.html to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.