Effective: January 26, 2022
1. Acceptance of the Terms and Conditions.
1.1 The sister organizations Feminist Majority Foundation, Feminist Majority, Ms. Magazine, Feminist Campus, and Girls Learn International (herein referred to as the “Sister Organizations,” “we,” “us” or “our”) provide and make available these web sites: feminist.org, feministmajority.org, msmagazine.com, feministcampus.org, girlslearn.org, jobs.feminist.org, store.feminist.org, msintheclassroom.com, erayes.org (the “Web Sites”). All use of the Web Sites is subject to the terms and conditions contained in this Terms of Service (the “Agreement”). Please read this Agreement carefully. By accessing, browsing or otherwise using the Web Sites, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Web Sites.
1.2 You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Service” link on the Web Sites. The revised terms and conditions will become effective upon posting. Any use of the Web Sites after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Web Sites.
2. Use of the Web Sites.
2.1 Payment. For purchases made on our Web Sites, only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Web Sites) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding “Your Account,” you agree to keep all payment cards or other payment method information current, and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order. To facilitate payment for purchases made within the Web Sites via credit card, or debit card, we use third-party payment processors (collectively, “Payment Processors”). You also authorize the corresponding Sister Organization to share such information and other transaction information related to your payment for the Service with the Payment Processors.
2.2 Shipping & Handling. When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Web Sites when your order is placed. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard shipping, we will determine the most efficient shipping carrier for your order. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Web Sites are estimates only – actual delivery dates may vary.
2.3 Online Donations. By submitting such credit card or payment information in order to provide a donation, you grant to the corresponding Sister Organization the right to provide such information to our Payment Processors for purposes of facilitating the completion of any transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any such transaction. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to any donations you make through from the Web Sites.
2.4 Content. These Web Sites contain material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Web Sites shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
2.5 Trademarks. The trademarks, service marks, and logos of the Sister Organizations (the “the Sister Organizations Trademarks”) used and displayed on these Web Sites are registered and unregistered trademarks or service marks of the Sister Organizations. Other company, product, and service names located on the Web Sites may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Sister Organizations Trademarks, the “Trademarks”). Nothing on these Web Sites or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on these Web Sites without the prior written consent of the Sister Organizations specific for each such use. The Trademarks may not be used to disparage the Sister Organizations or the applicable third-party, the Sister Organizations’ or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without the Sister Organizations’ prior written consent. All goodwill generated from the use of any the Sister Organizations Trademarks shall inure to the Sister Organizations’ benefit.
2.6 Restrictions on Use. You agree not to: (a) take any action that imposes an unreasonable load on the Web Sites’ infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Sites or any activity being conducted on the Web Sites, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Web Sites, (d) delete or alter any material posted on the Web Sites by the Sister Organizations or any other person or entity, or (e) frame or link to any of the materials or information available on the Web Sites. Certainelements of the Web Sites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.4 of the Agreement. None of the Content for these Web Sites may be retransmitted without the express written consent from the Sister Organizations for each and every instance.
2.7 External Sites. The Web Sites contain links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
2.8 DMCA. 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 the Web Sites hosted by the Sister Organizations infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet then current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Web Sites should be sent to the Sister Organizations at:
Attn: Lina Mazariegos
1600 Wilson Boulevard, Suite 801
Arlington, VA, 22209
By Email: email@example.com
3. Limitation of Liability and Disclaimer of Warranties.
3.1 THE SISTER ORGANIZATIONS, THEIR AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “SISTER ORGANIZATION PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE SISTER ORGANIZATION PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITES AND THE CONTENT AT YOUR OWN RISK.
THE SISTER ORGANIZATION PARTIES DO NOT WARRANT THAT THE WEB SITES WILL OPERATE ERROR‑FREE OR THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE WEB SITES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE SISTER ORGANIZATION PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
3.2 IN NO EVENT SHALL ANY SISTER ORGANIZATION PARTY BE LIABLE FOR (A) ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITES AND THE CONTENT AND (B) ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (I) ONE HUNDRED DOLLARS ($100.00) AND (II) THE AMOUNTS PAID BY YOU TO THE SISTER ORGANIZATIONS IN THE SIX MONTHS PRECEDING THE DATE OF THE CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.3 SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE SISTER ORGANIZATION PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3.4 IF YOU ARE FROM NEW JERSEY, THE FOREGOING SECTIONS 3.1 AND 3.2 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.
You agree to defend, indemnify, and hold harmless the Sister Organization Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web Sites. The corresponding Sister Organization Party shall provide notice to you of any such claim, suit, or proceeding. The corresponding Sister Organization Party reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Sister Organization Parties’ defense of such matter.
5. Termination of the Agreement.
5.1 The Sister Organizations reserve the right, in their sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Sites or the Content at any time and for any reason without prior notice or liability. The Sister Organizations reserve the right to change, suspend, or discontinue all or any part of the Web Sites or the Content at any time without prior notice or liability.
5.2 Sections 2 (Use of the Web Sites), 3 (Limitation of Liability and Warranty), 4 (Indemnification), 5 (Termination of Agreement), and 8 (Miscellaneous) shall survive the termination of this Agreement.
6. User Must Comply with Applicable Laws.
6.1 These Web Sites are hosted in by Pantheon, WPEngine, and Flywheel in their respective facilities. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Web Sites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
6.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
7. U.S. Government Restricted Rights.
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Web Sites or Content by the Government constitutes acknowledgement of our proprietary rights in the Web Sites and Content.
This Agreement is governed by the internal substantive laws of the State of Virginia, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Arlington in the State of Virginia. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of the Sister Organizations to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against the Sister Organizations unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Sister Organizations and you, this Agreement constitutes the entire Agreement between you and the Sister Organizations with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Web Sites might be publicly accessible. Important and private information should be protected by you. The Sister Organizations are not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.