Terms of SErvice

Last Updated: December 2, 2024

Her Workplace LLC (referred to as "Company," "our," "we," or "us") is a networking platform with inclusive in-person and virtual places for curated events, networking, career resources, and innovative technology designed to champion and support women and non-binary professionals (referred to as the "Services").

The following Terms and Conditions (hereinafter referred to as the "Terms") constitute a legal agreement between the Company and you (referred to as "you", "your", or "Member(s)") and your use of Company's Services, its website or web application located at [www.herworkplace.com (the "Website"), and/or any associated mobile application (which with the Website shall collectively be referred to as the "Platform").

Any use of our Services and/or Platform is conditioned upon your acceptance of all the conditions, policies, and notices stated herein. By using our Services and/or Platform, you agree to be bound by these Terms. If you choose to allow any affiliate, entity, individual, or third-party access to the Company's Services and/or Platform, you agree to be bound by these Terms on their behalf.

PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU SHOULD ALSO CAREFULLY REVIEW THE COMPANY'S PRIVACY POLICY BEFORE USING THE WEBSITE, PLATFORM, OR SERVICES.

DO NOT USE OUR SERVICES AND/OR PLATFORM IF YOU (a) DO NOT AGREE TO THESE TERMS; OR (b) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES OR PLATFORM BY APPLICABLE LAW.

Any new features or tools, that are added to the Platform, shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. Company reserves the right to update, change, or replace these Terms at any time by posting updates and/or changes to the Platform at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, our Services following the posting of any changes to these Terms constitutes acceptance of those changes.

1. Membership Opportunities

Company currently offers four (4) types of memberships (together the "Membership(s)"):

(a) All Access: $2100/year or $195/month, includes:

Unlimited access to our community places to meet and network
Access to our digital networking platform
Unlimited access to all in-person and virtual events
Unlimited mentor sessions per month
Ability to join unlimited Her Connect Circles
Career resources and support
Member Marketplace - Market yourself and collaborate within our community
Member benefits and discounts
Community Chat - Exclusive member group chat

(b) Community Plus: $850/year or $85/month, includes:

(3) day passes per month to our community places to meet and network
Access to our digital networking platform
(3) in-person events per month
(3) virtual events per month
(3) mentor sessions per month
Ability to join (3) Her Connect Circles
Career resources and support
Member Marketplace - Market yourself and collaborate within our community
Member benefits and discounts
Community Chat - Exclusive member group chat

(1) day pass per month to our community places to meet and network
Access to our digital networking platform
(1) in-person event per month
(1) virtual event per month
(1) mentor session per month
Ability to join (1) Her Connect Circle
Career resources and support
Member Marketplace - Market yourself and collaborate within our community
Member benefits and discounts
Community Chat - Exclusive member group chat

(d) Connection: $250/year or $25/month includes:

$25 per day pass to our community places to meet and network
Access to our digital networking platform
$15 per in-person event
(1) virtual event per month
(1) mentor session per month
Career resources and support
Member Marketplace - Market yourself and collaborate within our community
Member benefits and discounts
Community Chat - Exclusive member group chat

To enroll in any Membership, you must complete a membership application and provide your personal information which may include, but is not limited to, your first name, last name, email address, account password, payment information, and whether you would like to be part of our mailing list (together the "Personal Information").

You represent and warrant that at all times (a) the information that you provide shall be true, accurate, current, and complete; and (b) you will keep your Membership and public profile up to date. Company reserves the right to accept or reject membership applications at our discretion. The acceptance of memberships is subject to our evaluation process.

Our Services may allow the sharing of your information, including but not limited to, certain Personal Information, your profile, links that you share, information about your business (including financial information), products, services, videos, and private and/or public messages. Your engagement with our Services (including but not limited to, interaction with other Members, posting on forums, advertisements, or user-generated content viewed or accessed) may be shared with others in accordance with our Privacy Policy and these Terms.

You shall be responsible for (a) all activities that transpire on or with your Membership; (b) any content you contribute, in any manner, to your Membership and our Platform; and (c) any act or omission related to your Membership, or the use thereof, that would be deemed a violation of these Terms.

2. Use of Community Place(s)

Access and Operating Hours. The hours of operation of the Company's community place(s) are Monday to Friday from 9:00 AM to 5:00 PM. Members are welcome to stay past 5:00 PM, however, the operations team for the Community Place(s) will not be on-site to assist any members.

Rules and Regulations. Members and non-members are not permitted to use Company community place(s) outside of operating hours and must abide by the Community place(s) specific rules and regulations as well. Company requires all members and non-members to respect community space(s) included by not limited to disposing of trash in designated containers, removing food or trash from furniture after use, and maintaining cleanliness in the restrooms. Members and non-members are required to provide their own equipment, including laptops, printers, power cords, extension cords, adapter plus, charging cords, and related accessories. Company is not responsible for the loss of any items.

3. Prices and Promotions

Events. As part of its Services, Company hosts both in-person and virtual events for both Members and non-members ("Event(s)"). The cost of such event will be posted on the website and/or provided in any ticket purchase link unless it is listed as free. Purchasing a ticket to any event does not constitute the purchase of a Membership; however, any attendee of an event agrees to be bound by these Terms.

Prices. Unless otherwise noted, prices associated with any Memberships or Events offered by Company shall be listed on the Platform and are subject to change at any time.

Promotions. Company may offer discounts or sales on the Platform ("Promotions") which may be subject to change at any time. Promotions may affect pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a Promotion and these Terms, that promotion's terms and conditions shall govern that specific circumstance.

4. Service Terms

By agreeing to these Terms, or by using the Platform or any of the Services, you represent that you are at least twenty-one (21) years of age or older, and all individuals under the age of twenty-one (21) shall be accompanied by an adult over the age of twenty-one (21) who agrees to remain liable.

Company reserves the right to refuse access to the Platform and/or any of the Services to anyone at any time and for any reason, including but not limited to, any breach or violation of these Terms.

You may not use the Services for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. You represent and warrant that you are using the Platform for your own personal use and not for resale, export, or any other unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of the Services.

You agree not to use the Services and/or Platform for the purpose of any harmful or deceitful conduct, including, but not limited to: (a) causing harm to minors in any manner whatsoever; or (b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.

You agree that Company may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your use of or access to any of the Services and/or Platform at our sole discretion, for any reason, including but not limited to:

(a) any breach or violation of these Terms, or any other incorporated agreement, regulation, or guideline;

(b) by way of request from law enforcement or any other governmental agencies;

(d) any engagement by you in any fraudulent or illegal activities; and/or

(e) the non-payment of any associated fees that may be owed by you in connection with the Services and/or Platform. Furthermore, you agree that all terminations, suspensions, discontinuances, and limitations of access for cause shall be made at our sole discretion and Company shall not be liable to you or any other third party regarding the termination of your Membership.

5. Membership Commitment, Cancellation, Late Fees, and Refunds

Membership Commitment. For any member enrolled in any of our memberships on a monthly payment plan, your membership commitment is six (6) months. You may not cancel your membership during this time.

Cancellation of Membership. If you are enrolled in any of our Memberships, you may cancel your Membership by providing at least seven (7) days' notice before the next billing period by contacting the Company via email at hello@herworkplace.com. There is no cancellation fee; however, all payments rendered shall remain non-refundable and non-transferable. Members who cancel their membership will have to reapply for membership if they would like to rejoin.

Downgrade or Upgrade of Membership. If you are enrolled in any of our Memberships, you may downgrade or upgrade your Membership within our platform by going to My Membership. Your membership will then be prorated to reflect the change.

Late Fees. Company reserves the right to charge a 15% late fee after seven (7) days of unsuccessful payment and to terminate any Services thereafter if payment is not received.

Refunds. Company does not permit refunds under any circumstance. This includes any refunds on Membership payments, Day Passes, and/or Event tickets. Company is not responsible for errors made by you during the enrollment or cancelling process. If you are unhappy with the Platform and/or Services, you may contact the Company directly. Company shall address all issues, concerns, or dissatisfactions on a case-by-case basis. Should Company, in its sole discretion, decide to refund, prorate, or credit you any amounts paid, that refund, prorate, or credit shall constitute the entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that Service.

6. Accuracy, Completeness, and Timeliness of Information

Company shall not be held responsible if information made available on the Platform is not accurate, complete, or current. For clarity, you are relying on any information found on the Platform at your own risk.

Company reserves the right to modify or update the contents of the Platform at any time. It is your responsibility to monitor the Platform for any changes that may occur. Company strives to display accurate price information, however, on occasion, there may be inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Company reserves the right to correct any errors or omissions at any time, and to cancel any orders arising from such occurrences.

7. Content

By using this Platform, you affirmatively consent that Company may use and share your video and image viewing data with third parties until consent is withdrawn. Company may track your viewing for its research, analytics, or ad serving purposes. It may share the above information with:

(a) "Ad Networks" which are companies that display ads to you in the Platform;

(b) "Data Analytics Providers" which are companies that collect and analyze the information collected about you; and

(c) "Social Networks" which are companies that connect individuals around common interests and facilitate sharing (e.g., Facebook).

Reviews, responses, profile entries, posts, or questions may not be able to be deleted once uploaded. For some features of on our Platform and/or Services, others may be able to request email notifications of your new public content or publish their own comments to your comments.

8. Content Disputes

In the event of a dispute related to or stemming from any user generated content (a "Content Dispute"), you must contact Company via email.

We abide by the Digital Millennium Copyright Act (the "DMCA") as it relates to online service providers, like us, being asked to remove material that allegedly violates another's copyright. The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The Company respects others' intellectual property rights and further reserves the right to delete or disable content alleged to be infringing and to terminate the User Accounts of repeat alleged infringers. In the event of a DMCA violation, please contact our Website Administrator containing the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

(b) identification of works or materials being infringed;

(c) identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;

(d) your contact information as the reporter including address, telephone number, and email address;

(e) a statement that you have a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and

(f) a statement made under penalty of perjury that the information provided is accurate and the reporting party is authorized to make the complaint on behalf of the copyright owner.

Copyright Infringement Claims. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Company a written notice by mail, email, or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company counternotice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Visit https://www.copyright.gov/ for additional details.

9. Intellectual Property & Proprietary Rights

Company owns, solely and exclusively, all right, title, and interest in and to its Services and the Platform; all content, software code, data, the look, feel, design and organization of the Platform; and the compilation of the content, code, data, and materials on the Platform, including but not limited to any intellectual property and/or proprietary rights. Company reserves all rights in and to the Platform not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Company's Platform, in whole or in part.

If you post, upload, or make available any information, data, text, files, communications, or other materials regarding the Platform and/or your use of the Services on any website, blog, article, or social media website ("Your Content"), you hereby grant Company a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter, including but not limited to advertising, promoting, and marketing the Platform and Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and Company will not be liable for any use or disclosure of any Your Content.

10. Ratings and Reviews

You may have the option to provide a rating and/or review of the Platform and Services ("Feedback"). Any Feedback you leave must reflect your honest opinion. Company may remove Feedback at any time, without notice.

Communications Not Confidential. It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those Company has specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your content, information, ideas, suggestions, or other materials are similar to those Company has developed or is developing independently. Accordingly, Company does not accept unsolicited content, information, ideas, suggestions, or other materials, and take no responsibility for any content, information, ideas, suggestions, or other materials so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Company is free to use any such content, information, ideas, suggestions, or other materials, for any purpose and in our sole discretion, including, without limitation developing and marketing products and services, without any liability or payment to you.

11. No Professional Advice

The information provided by the Company or provided at any event or part of the Membership does not, and is not intended to, constitute any type of professional advice. You assume the sole responsibility of evaluating the merits and risks associated with the use of any information from the Services and the Platform.

12. Disclaimer of Warranties and Limitation of Liability

Non-Discrimination. For the avoidance of doubt, Company does not discriminate against any gender identity and welcomes support from all individuals regardless of gender. Any complaints regarding discrimination are taken seriously and Company has a policy to address such concerns.

Data Privacy. You understand that the use of third-party servers or platforms may involve transmission of data over networks that are not owned, operated, or controlled by Company, and it is not responsible for any data lost, altered, intercepted, or stored across such networks. Company cannot guarantee that its security procedures will be error-free, and that transmission of data will always be secure.

THE USE OF THE PLATFORM AND THE SERVICES ARE AT YOUR SOLE RISK. ALL SERVICES OFFERED ON THE PLATFORM ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF COMPANY'S SERVICES. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE PLATFORM AND/OR THE SERVICES, YOUR DEALINGS WITH ANY BRAND, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOUR USE THE SERVICES; AS WELL AS YOUR USE OR ANY MATERIALS OR CONTENT OBTAINED THROUGH THE PLATFORM AND ANY ASSOCIATED WEBSITES OR SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF OUR PLATFORM.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO ANY PAYMENT MADE BY YOU TO COMPANY.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Platform is for informational purposes only. Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform. If you have specific concerns or a situation arises in which you require professional advice, you should consult with a trained and qualified professional.

The limitation of liability set forth above shall: (a) only apply to the extent permitted by law; and (b) not apply to: (i) liability resulting from our gross negligence or willful misconduct, or (ii) death or bodily injury resulting from our acts or omissions.

13. Non-Disparagement

You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that would intentionally, unintentionally, or be reasonably certain to, disparage, create a negative impression of, or be detrimental to the reputation of Company.

14. Arbitration and Disputes

Disputes. While Company may help facilitate the resolution of disputes, Company has no control over and does not guarantee: (a) the quality, reliability, accuracy, or effectiveness of the Membership, Platform, or any related Services; (b) the truth or accuracy of any Events, information, education, resources, ratings, reviews, or other users; or (c) the performance or conduct of any third-party.

Release. You hereby release Company, its affiliates and their respective directors, officers, shareholders, employees, agents, service providers, representatives, contractors, licensors, suppliers, successors and assigns from and against any claims, injuries, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including legal fees), known and unknown, arising out of or in any way connected with any dispute you have with any other Member, whether it be at law or in equity that exist as of the date of these Terms.

Indemnification. By using the Platform and engaging in our Services, you agree to indemnify, hold harmless, and defend Company from any claims, damages, losses, liabilities, and all costs and expenses of defense, including, but not limited to, attorney's fees resulting directly or indirectly from a claim by a third-party that is based on your use of the Services. This includes any liabilities from any other Member.

Arbitration. If a controversy or claim should arise, you and Company (referred to each as a "Party" and together the "Parties") will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either Party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association. excluding rules or procedures governing or permitting class actions. Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the Parties. Judgment may be entered in any court having jurisdiction.

Class Action Waiver. Any arbitration shall be conducted in each individual capacity only and not as a class action or other representative action. You expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

15. Notices

Company may provide any notice to you under the Terms by: (a) sending a message to the email address you provided; or (b) by posting directly to the Platform. Notices sent by email will be effective on the date the email is sent, and notices that are posted on the Platform will be effective upon posting. It is your responsibility to keep your email address current and review new notices.

To provide Company notice under these Terms, you must contact us by email, personal delivery, overnight courier, or by certified mail. Notice provided by email shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one (1) business day after it is sent. Notice provided by certified mail shall be effective three (3) business days after it is sent.

16. Miscellaneous

Third-Party Content. Services shall contain links and references to other third-party providers. Company is not responsible for any third-party content or the actions of those providing such content. Any information regarding a third-party found on the Platform does not imply that Company endorses or accepts any responsibility or liability for the third-party, or vice versa.

No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Company.

Privacy Policy. Company respects your privacy and is committed to protecting it. To learn more, please visit our Privacy Policy available on the Platform, which governs the processing of all personal data collected from you in connection with your use of the Platform. You acknowledge and consent to the collection and use of your personal information by Company.

Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America.

Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Waiver. The failure by Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision is effective only if in writing and signed by an authorized representative of Company.

Force Majeure. Company will not be liable or responsible to you, nor be deemed to have defaulted or breached the Terms, for any failure or delay in our performance under the Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Notice to California Users. Under California Civil Code Section 1789.3, California users of our Services 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Notice to New Jersey Clients. If you are residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the Delaware governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Company arising out of or related to the use of the Platform must be filed within two (2) years after such claim or cause of action arose or be forever barred.

Entire Agreement. These Terms constitute the sole and entire agreement between you and the Company regarding the Platform, and your use thereof, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

These Terms and our Privacy Policy will be deemed final on the matters contained herein. You may also be subject to additional Terms that may apply if you make a purchase from a third-party. You acknowledge and agree that these Terms are binding and shall govern the relationship between you and Company in connection to the use of its Services defined herein.

If you have any questions, please contact Company directly at:

Email: hello@herworkplace.com