June 13, 2020

TERMS OF SERVICE

The Expat Woman, LLC (“The Expat Woman,” “we,” “us,” and “our”) provides this Terms of Service (these “Terms”) for users who visit and access https://www.theexpatwoman.com/.  Terms are posted on The Expat Woman’s website (the “Site”) and services, content, and features are available by use through the website (together with the Site, the “Services”).  In these Terms, “you” and “your” refer to any user of the Services.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.  If you do not agree to all the terms and conditions of these Terms, do not access or use the Services.  If applicable law prohibits your access or use of the Services, you are not authorized to access or use the Services.  We are not responsible if you access or use the Services in any manner that violates applicable law.

  1. Termination and Modifications

The Expat Woman may in our sole discretion suspend, limit, or terminate your access to and use of the Services at any time for any reason with or without notice, including, without limitation, if we believe that you have violated these Terms.  Termination of your access to and use of the Services will not affect any of our rights or your obligations arising under these Terms prior to such termination.

The Expat Woman reserves the right to discontinue the Services or to change the content, features, and functionality of the Services in any way and at any time, with or without notice to you.  We may also modify these Terms at any time.  You should review all applicable terms regularly.  When we revise these Terms, we will post the revised version on the Site.  Any revised version of these Terms will be effective upon posting on the Site, unless otherwise set forth therein or as otherwise provided by us or required by applicable law.  If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access to and use of the Services.

  • Additional Terms

In connection with your access to or use of the Services, you may be subject to additional terms, rules, policies, and conditions imposed by us (“Additional Terms”), which are hereby incorporated by reference into these Terms.  To the extent of any inconsistency between these Terms and any Additional Terms, the Additional Terms will control, unless otherwise expressly provided by us.

  • Access to the Services

The Expat Woman, at its sole discretion, may allow or restrict access to the Services.  You may, subject to these Terms, the Additional Terms, and all other The Expat Woman policies, access and use the Services and some of the Services’ functionalities.  The Expat Woman provides the Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party products.  You further acknowledge and agree that The Expat Woman is not liable whatsoever for any harm that might result from your purchase of event tickets or any statements posted through the Services, including information and opinions on the Services, or services posted or linked through the Services.

  • Eligibility and Registration

In order to access and use certain Services, including event ticket purchases, you must create a user account and select a username and password and provide certain information.  You represent and warrant that all information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity.  You agree to promptly notify us of changes to your account information by updating your user account.  Our Privacy Policy governs our collection, use, storage, and disclosure of your account information.

You are solely responsible for maintaining the confidentiality of your username and password.  You may not authorize others to use your account, and you may not share, assign, or otherwise transfer your account or login information to any other person or entity.  Except as otherwise provided by applicable law, you are responsible for any and all activities, whether authorized by you or not, that are conducted using your account.  You agree to notify The Expat Woman of any unauthorized use of your account.  We shall have the right at any time to change your username and password.

  • Restrictions on Use

You may access and use the Services only for lawful purposes and in accordance with these Terms.  You agree not to:

  1. Access or use the Services in any way that violates any applicable federal, state, local, or international law or regulation;
  2. Attempt to gain any unauthorized access to any other user’s account for the Services;
  3. Access or use the Services in any way that may infringe upon the intellectual property rights or other rights, including, but not limited to, trademark, copyright, privacy, or publicity rights, of The Expat Woman;
  4. Retrieve data from the Services to create or compile, copy, transcribe, publish, transmit or otherwise share, any of our images, features, functionality, code, or any other aspects of the Services, in whole or in part, with any third parties or on any third-party websites without the express written permission of The Expat Woman
  5. Knowingly provide false information to negatively affect the Services;
  6. Introduce any viruses to the Services that is malicious or technologically harmful; or
  7. Reverse engineer, disassemble, or decompile any of our prototypes, nor any other systems, information, materials, or objects that are provided to you or to which you are granted access hereunder.
  • User Content

You may be able to post, publish, display, and submit materials, suggestions, ideas, data, and other content through the Services (“User Content”).  Any User Content will be treated as non-confidential and non-proprietary, except as otherwise provided in our Privacy Policy.

By sharing User Content in connection with the Services, you represent and warrant that (i) you are solely responsible for the transmission, accuracy, completeness, and publication of that User Content; (ii) you have the right, power, and authority to share that User Content and grant the rights and licenses to that User Content provided herein; and (iii) the User Content does not and will not infringe, misappropriate, or violate a third party’s intellectual property rights, a third party’s rights of publicity or privacy, or any other law or regulation. 

  • Ownership of Intellectual Property

All right, title, and interest in and to the Services, including any updates, upgrades, and modifications thereto, and any associated patents, trademarks, copyrights, and other intellectual property rights, belong solely and exclusively to The Expat Woman, except as expressly set forth in these Terms, we do not grant you any licenses or other rights, express or implied, to the Services.

  • Assignment

The Expat Woman may assign these Terms and its rights and obligations under these Terms freely.  You may not assign these Terms or any rights or obligations under these Terms without The Expat Woman’s prior written consent.

  • No Warranty and Disclaimers

To the fullest extent permitted by applicable law, you expressly understand and agree that your access to and use of the Services is at your sole risk.  To the fullest extent permitted by applicable law, The Expat Woman and its officer, directors, agents and employees expressly disclaim all warranties of any kind including, but not limited to, the implied warranties of fitness for a particular purpose, non-infringement, title, performance, and accuracy of informational content.  There is no warranty that information provided hereunder, our efforts or the Services will fulfill any of your particular purposes or needs.  The Expat woman neither assumes nor authorizes any other person to assume for it any other liability in connection with the use of the Services.

The Expat Woman assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, the Services or any user communications.

The Expat Woman makes no warranty that your use of the Services will be uninterrupted, timely, secure, or error-free or that the information or results that may be obtained from the use of the Services will be accurate or reliable.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

  1. Limitation of Liability

To the fullest extent permitted by applicable law, The Expat Woman, together with any third party that may be affiliated with the Services, shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for goodwill, use, data, or other intangible losses. 

If you are dissatisfied with the Services or any of the information contained therein, or refuse to abide by these terms, your sole and exclusive remedy is to discontinue your use of the services.

In addition to and without limiting any of the foregoing, The Expat Woman shall not be liable for any failure or delay resulting from any condition beyond our reasonable control, including acts of God, Acts of terrorism, labor conditions, power failures, internet disturbances, or any services or systems controlled by third parties.

The limitations in this section do not affect any liability that cannot be excluded or limited under applicable law.

  1. Indemnification

YOU AGREE TO INDEMNIFY, HOLD COMPLETELY HARMLESS, AND DEFEND THE EXPAT WOMAN, TOGETHER WITH ANY THIRD PARTIES THAT MAY AFFILIATED WITH THE SERVICES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, ATTORNEYS’ FEES, EXPENSES, AND SETTLEMENTS, WHETHER GROUNDED IN CONTRACT, TORT, STATUTE, LAW, OR EQUITY, INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR INABILITY TO USE THE SERVICES, USER CONTENT YOU SHARE THROUGH THE SERVICES, YOUR VIOLATION OR ALLEGED VIOLATION OF THESE TERMS OR APPLICABLE LAW, OR YOUR OTHER ACTIONS OR OMISSIONS THAT RESULT IN LIABILITY TO THE PARTIES. 

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims.

  1. Choice of Law, Venue, and Arbitration

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided however, that each party will have a right to seek injunctive or other equitable relief in a court of law.  The prevailing party will be entitled to receive from the non-prevailing party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is reduced to judgment or award.  The prevailing party will be that party who may be fairly said by the arbitrator to have prevailed on the major disputed issues.  This arbitration agreement is enforceable only if you agree or assent to our Terms.  If you do not agree to the arbitration agreement, do not access or use the Services. 

  1. Waiver; Severability; Headings

These Terms, including our Privacy Policy and any Additional Terms, constitute the entire agreement between you and us regarding the Services and supersede and replace any prior agreements and communications between you and us, except as expressly set forth herein.  If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.  The Expat Woman’s failure to require or enforce strict performance of any provision or to exercise any right under these Terms shall not be construed as a waiver of any such provision or right.

  1. Contact Us

We may send notices and other communication regarding the Services to you at the email address you provided for your user account, which may be updated by you from time to time through the Services.  It is your responsibility for ensuring that The Expat Woman has your current email address at all times.

Any notices or communications sent by you to The Expat Woman pursuant to these Terms must be in writing and sent to the address specified below or such other address as The Expat Woman may specify in writing.

201 Spear Street #1100

San Francisco, CA 94105

Email: info@theexpatwoman.com

If you have any questions, inquiries, requests, complaints, or comments regarding this Policy, please contact us at via email at info@theexpatwoman.com

Updated as of: [June 11th, 2020]

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