Terms of Use

iFundWomen Terms of Use

Date of last revision: April 27, 2018

Welcome to iFundWomen!

By using/visiting iFundWomen.com, you agree to our Terms of Use and Privacy Policy. We provide our website (“site”) and services (“services”) subject to your compliance with our Terms of Use Agreement (“agreement’) and Privacy Policy. This agreement also governs the relationship between iFundWomen and you, the Site visitor (including visitors that simply browse the website without becoming a registered user) and/or member (“you”, “your”), with respect to your use of our site. If you don’t agree to our Terms of Use or Privacy Policy, then don’t use or access (or continue to use or access) this site or any of the services that we offer.

1. Modifications

• We reserve the sole right and discretion to modify our Terms of Use or Privacy Policy at any time. Modifications are effective immediately after we give notice of them, which we may do by revising the Date of Last Revision of our Terms of Use or Privacy Policy on the site, or by otherwise posting on the site, or by email or conventional mail, or by any other means which provides reasonable notice.

• It is your responsibility to regularly check the site to determine if there have been changes to the Terms of Use and Privacy Policy and to review any changes. You agree that iFundWomen is not liable to you for any delay or damages that might result from any changes to the Terms of Use or Privacy Policy, if any.

2. Registering an Account

• You must be 18 years old or over to create an account on iFundWomen. Users between the ages of 13 and 17 can use the services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian agrees to be bound by our Terms of Use and Privacy Policy, and agrees to be responsible for such use of our site and services.

• Although browsing our website is an option without registering for an account, you will need to register an account with a username, password, and email address to be associated with an account/to validate an account, to access some of our site functions. You are at all times responsible for your account and all of the activity on it. You also are responsible for keeping your password confidential. If you discover that your account has been used by someone without your permission, you should immediately report it to support@ifundwomen.zendesk.com.

3. iFundWomen is a Venue

• iFundWomen is a crowdfunding venue for individuals and entities that are fundraising for their own campaigns, and/or to make contributions to the campaigns of others. When a campaign owner creates their campaign on iFundWomen, they’re inviting others to make a contract with them. Anyone who backs a campaign on our site accepts the campaign owner’s contract. iFundWomen is not a part of that contract between Campaign Owners and Backers. Campaign Owners can offer gifts or rewards as tangible items or intangible services (collectively, “rewards”) to backers.

• iFundWomen makes no representation about the safety, legality, quality, or morality of any campaign or reward, or contribution or the truth or accuracy of any user content posted on the site. We also expressly do not represent that Campaign Owners will deliver any rewards promised; deliver any rewards timely; or that financial backings of any campaigns will be used by the Campaign Owner as represented by them during a campaign. We are only the venue for Campaign Owners to present their fundraising campaign(s). Users back campaigns at their own risk.

4. License to use iFundWomen

iFundWomen grants each user a limited, non-exclusive, non-transferable, revocable license (permission) to use our site and services subject to each user’s eligibility and continued compliance with our Terms of Use and Privacy Policy.

5. Creating a Crowdfunding Campaign on iFundWomen

• Crowdfunding Campaigns may be submitted for approval to iFundWomen through the site by any person 18 years or older with a verified/registered account on the site, and of any gender – we do not discriminate. A campaign will not be denied upon submission to our site for approval based on a campaign owner that does not identify their gender as a woman – denials of approval of any campaign, if any, will be based on non-discriminatory factors, and we reserve the right to communicate or not communicate with Campaign Owners the reason for any denial of those non-discriminatory factors.

• Notwithstanding the foregoing, we created iFundWomen as a crowdfunding venue to address a market and social impact need to enhance community and support of women-led businesses seeking funds, which according to documented statistics, tend to receive substantially (if not drastically) less funding than male-led ventures under traditional venture capital fundraising circumstances.

• Campaign Owners are solely responsible for fulfilling promises made in their campaign to backers. When a campaign is completed, the Campaign Owner must fulfill each reward. Once a creator has done so, they’ve satisfied their obligation to their backers.

• If a Campaign Owner is unable to fulfill their rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the promised reward to the best possible conclusion for backers.

• Once a pledge is made, the charge to the backer is non-refundable via iFundWomen, however, the Campaign Owner reserves the right to refund the money directly back to the backer, through a different payment mechanism that does not reside on the iFundWomen website.

• We will charge our fees before putting the funds in your account for any successfully completed pledge.

• You agree, accept, and acknowledge that some financial pledges from backers can’t be collected and may reduce the amount of funding you get. For example – when a backer’s credit card expires before funding ends, and they don’t provide updated information – we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.

6. Prohibited rewards & campaigns

• Campaigns on iFundWomen may not be created for illegal activities, to cause harm to people or property, or to scam others. It is the sole responsibility and exclusive liability of the campaign owner to comply with all applicable laws and regulations in connection with their campaigns, and not to make any false or misleading statements in connection with their campaign.

• The following rewards are not permitted in campaigns on our site:
  • any form of “security” as defined in the Securities Act of 1933
  • any form of financial incentive or participation in any profit-sharing
  • any alcoholic consumer products
  • any controlled substance or drug paraphernalia
  • any weapons, ammunition and related accessories
  • any form of lottery or gambling
  • any form of air transportation
  • any items or services promoting hate, discrimination, death, personal injury, destruction to person or property; any items or services that are prohibited by applicable law to do, possess, or distribute; any items or services that would result in infringement or violation of another person’s rights if distributed.

iFundWomen is not a venue for disrespect, trolling, profanity, meanness, harassment, spam, abuse, or hatred.

7. Backing a campaign

• Campaign Backers are solely and exclusively responsible for asking questions and investigating campaign owners and campaigns to the extent they feel is necessary before financially backing a campaign. Any backing is made 100% voluntarily and at the sole discretion of the backer.

• iFundWomen does not guarantee that Campaign Owners will use any funds received from backers as they may have promised in their campaign; that campaign owners will timely deliver rewards; or that campaign owners will give any promised rewards at all. We also do not endorse, guarantee, make representations, or provide warranties for our about the quality, safety, morality, or legality of any campaign, campaign owner, or campaign perk on the site.

• iFundWomen is a Flexible Funding platform which means your credit card will be charged immediately for the pledge, and the Campaign Owner will receive their funds, less fees, on a weekly or monthly basis, pending the campaign settings that iFundWomen assigns to the Campaign Owner. iFundWomen gives backers the option to leave a tip. Tips allow iFundWomen to continue to provide free, expert crowdfunding coaching to ensure that project creators have the best chance of success. Tips are totally optional, and are non-refundable. If you decide to leave a tip, your backer receipt will show you a breakdown of your project contribution and tip amount. On your statement, this will either show up as a single combined charge, or as two separate charges.

• Estimated delivery dates of rewards set by Campaign Owners are the estimate of the Campaign Owner – not iFundWomen. Also, Campaign Owners may need to email you questions about your reward, such as your mailing address or t-shirt size. By backing a campaign, you are opting into email communications from iFundWomen, and the Campaign Owner.

8. Disputes between Campaign Backers & Campaign Owners

• iFundWomen is under no obligation to become involved in disputes between Campaign Owners and Backers. iFundWomen is merely a venue for campaign owners. Campaign Backers voluntarily decide at their own risk to accept the fundraising terms and conditions of any Campaign Owner on our site as a contract that we are not a party to. Campaign Owners are legally bound to perform on any promise/commitment made to backers.

• Notwithstanding the foregoing, Campaign Owners in independently seeking to resolve any dispute with a backer can consider any lawful resolution including but not limited to issuance of a refund to any backer they are in dispute with. In the event of any dispute, such as a Campaign Owner failure to fulfill a reward, we may provide the campaign owner’s contact information so that the dispute may be resolved, but we are under no obligation whatsoever to do so.

9. iFundWomen is not liable for any loss on the site, and not responsible for monitoring any campaign

• You expressly agree and understand that iFundWomen is not liable for damages or losses related to your use of the site and services. We don’t monitor Campaign progress or outcome to ensure that backers have had their contributions properly used by Campaign Owners, and/or that rewards to Backers are timely delivered/shipped, or delivered at all.

• In using our services and site, you release iFundWomen from claims, damages, and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and the services. All of the content you access through the site and service is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

10. Fees

• It’s free to create an account on iFundWomen. When someone pledges money to your campaign, we (and our payment partner(s)) collect fees. Our partners’ fees may vary based on your location. Campaign Owners will have an opportunity to review and accept our fees before starting their campaigns. Once campaign owners start their campaigns, campaign owners are agreeing to the fees. Fees are charged in real time for “flexible funding” campaigns.

• Our standard crowdfunding fee charge is 5% in addition to any fees from our payment processors, and in addition to any optional service fees (like video production or private coaching) that the campaign owner may sign up for. Each payment provider is its own company, and iFundWomen is not responsible for its performance. Typically, payment processor fees are between 3-5%, but that can vary, and iFundWomen is not responsible for payment processor fees. By accessing our third party payment providers, you do so at your own risk – when you back or create a campaign, you’re also agreeing to the payment processor’s terms of service, and any of their additional fees.

11. Taxes

Campaign Owners are responsible for any taxes associated with receipt of any income fundraised through iFundWomen. Campaign Owners are also responsible for communicating any tax concerns relevant to their backers in their campaign both on and off the site.

12. Deleting your Account

You can delete/terminate your account at any time, however, it doesn’t make the content you’ve posted go away. The terms and conditions of this agreement survive any termination, including our rights regarding any content you’ve submitted. If you’ve created a campaign, deleting your account doesn’t remove the project. If you would like to delete your account, please email support@ifundwomen.zendesk.com and we will take care of it ASAP.

13. Declining, suspending, terminating an account:

• We reserve the right to decline our services to any User for any reason and without explanation based upon findings in validating the User’s profile. We further reserve the right in our sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the site at any time, for any or no reason, with or without prior notice or explanation, and without liability.

• We expressly reserve the right to remove your profile and/or other information and/or deny, restrict, suspend, or terminate your access to all or any part of the site if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to the site and/or its other users. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) this site.

14. User Generated Content

• iFundWomen doesn’t own content you submit to us, but by using the site when users post photos, videos, text, graphics, logos, artwork or other audio/visual materials (collectively “User Generated Content”), Users grant iFundWomen a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute user content of any user on or in connection with the services and our related marketing and promotional activities.

• As such, you grant us and others acting on our behalf, the right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your content. We also have the right to make changes/edits/medication to user generated content. You warrant that your user generated content does not contain third-party copyrighted material or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of all the material, or you are otherwise legally entitled to post the material.

15. Our IP

iFundWomen’s services and site are legally protected in various copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the site. You also agree not to change, translate or otherwise create derivative works of the service. If you want to use, reproduce, modify, distribute, or store any of our content for a commercial purpose, you need prior written permission from iFundWomen. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way

16. Copyright Infringement via User Generated Content

• The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

• If you believe in good faith that materials on iFundWomen infringe your copyright, you (or your agent) may send us a notice to our designated Agent requesting that the material be removed, or access to it blocked. to:

iFundWomen

Attention: iFundWomen Copyright Agent

41 Watchung Plaza, #524

Montclair, NJ 07042

support@ifundwomen.zendesk.com

• The notice must include the following information:
  • (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
  • (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow IfundWomen to locate the material on the Site;
  • (d) the name, address, telephone number, and email address (if available) of the complaining party;
  • (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Additionally, if you believe in good faith that a notice of copyright infringement has been wrongly filed by iFundWomen against you, the DMCA permits you to send iFundWomen a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

• We reserve the right to delete or disable content alleged to be infringing, and to terminate repeat infringers in our sole discretion.

17. Indemnification

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including reasonable attorney fees and other legal costs that arise from or relate to your use or misuse of iFundWomen. We reserve the right, but not the obligation, to assume the exclusive defense and control of any matter subject to this indemnification clause, that you agree that you’ll cooperate and help us in asserting any defenses.

18. Limitation on Liability

iFundWomen (including its affiliates, directors, officers, employees, agents, subcontractors, or licensors) makes no warranties, guarantees, or promises as to the quality, safety or legality of any User Content; or to any specific results from the use of the site or service on the site; and in no event will be liable to you or any third party for any indirect, punitive, incidental, special, consequential, or exemplary damages, or, in any event, for damages exceeding the lesser of one hundred US Dollars ($100.00) or the fees paid to iFundWomen for the transaction from which the cause of action arose. This limitation on liability applies whether the liability is based on contract, tort, negligence, strict liability, or any other basis, even if iFundWomen has been advised of the possibility of such damage and to the fullest extent permitted by law in the applicable jurisdiction. For jurisdictions that do not allow iFundWomen to limit its liability, then our liability is limited to the smallest extent possible by law.

IFUNDWOMEN DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IFUNDWOMEN CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES ON THIS SITE WHICH HAVE BEEN DESIGNATED AS AUTHORIZED FOR AND AVAILABLE FOR DOWNLOADING FROM THIS SITE WILL BE FREE OF VIRUSES, TROJAN HORSES, OR OTHER CODE THAT MAY CAUSE DAMAGE OR HARM TO YOUR COMPUTER(S) OR NETWORK(S). IFUNDWOMEN FURTHER DISCLAIMS ANY RESPONSIBILITY TO ENSURE THAT THE CONTENT LOCATED ON THIS SITE IS NECESSARIY COMPLETE AND UP-TO-DATE. YOU ACKNOWLEDGE THAT THE CONTENT ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND IFUNDWOMEN MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.

19. Privacy Policy

This agreement incorporates our Privacy Policy, which you agree to, and agree that you have read.

20. Assignment

The terms and any rights and licensed granted under this agreement may not be transferred or assigned by any User, but may be assigned by iFundWomen without restriction or consent.

21. Export compliance

Users agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the US export Administration Act (“Export Laws”), each user states that such user is (1) not a citizen, or otherwise located within an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan, and certain specially designated nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the export laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental agency if a campaign is deemed to be in violation of export laws.

22. Other Disclaimers

• We are not responsible for any incorrect or inaccurate User Content or any other third party content submitted to the Website, whether made or caused by Users, Members, potential employers, corporate partners or by any of the software, equipment or programming associated with or utilized in the operation of the site.

• WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING BUT NOT LIMITED TO COPYRIGHT OR TRADEMARK INFRINGEMENT, PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE’S USE OF THE WEBSITE, ANY CONTENT SUBMITTED TO THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.

• We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website. The Website is provided “AS IS” and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained by you from us or from or through the Website shall create any warranty not expressly stated herein.

23. No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or User of the Website.

24. Governing Law

• This Agreement is governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regards to its principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act, or the United Nations Convention of Controls for International Sale of Goods.

• You agree that iFundWomen is deemed a passive website that does not give rise to jurisdiction over iFundWomen or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders (“et al”), either specific or general, in any jurisdiction other than New York State. You expressly waive the right to seek an equitable remedies/special damages/injunction against iFundWomen et al, as well as a waiver to seek any punitive or consequential damages.

• You expressly agree to that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court in New York if the user’s claim qualifies for adjudication in that court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

• To the maximum extent permitted by law, the parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under a class, collective, consolidated, or representative action.

• Any arbitration will be conducted by the American Arbitration Association (AAA) under the rules applicable to the claim asserted (http://www.adr.org) If for any reason a claim proceeds in court rather than or after arbitration, the dispute shall exclusively be brought and heard In a court of competent jurisdiction in the State of New York. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the nonprevailing party all of its reasonable attorney’s fees and costs.

25. Idea Submission

We are always pleased to hear feedback from users, however, please be advised that ideas for our business and service that are voluntarily submitted by users are considered non-confidential and non-proprietary; will be treated as non-confidential and non-proprietary; that iFundWomen and its users have no express or impede obligation of any kind concerning the submission; that iFundWomen and its users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, without compensation to the user that submitted that submission.

26. Misc:

All terms of this agreement shall be executed in good faith. If any part of this agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, the remainder of this agreement shall remain in full force and effect. This agreement contains the entire understanding of the parties hereto relating to the subject matter and supersedes all other communications and proposals (whether oral, written, or electronic) between you and iFundWomen. The failure of either you or iFundWomen to assert any right or provision under this agreement shall not constitute a waiver of any kind. iFundWomen has the right to assign, transfer, or delegate any of its rights or obligations under these Terms Of use without your consent.