Terms of Use

TERMS OF USE

Welcome to P.O.W.E.R. (“Professional Organization of Women of Excellence Recognized” and “Professional Organization of Women of Empowerment Recognized”), operated by TJA Publishing, LLC. (“us,” “we,” the “Company” or “P.O.W.E.R.”).

Our goal and mission is to connect like-minded professionals in an effort to increase their business contacts, job opportunities, exposure, and recognition for their achievements, and inspire and empower women all across the globe.

1. Acceptance of Terms of Use Agreement.

By creating a P.O.W.E.R. account or by using any P.O.W.E.R. application or product, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy and Safety Tips, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings and also on POWERwoe.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.

2. Eligibility.

You must be at least 21 years of age to create an account on P.O.W.E.R. and use the Service. By creating an account and using the Service, you represent and warrant that:

• you can form a binding contract with P.O.W.E.R.,
• you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
• you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
• you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

3. Your Account.

In order to use P.O.W.E.R., you may sign in using your User ID and password on our site. Your ability to use certain Services is dependent upon your membership level. You are responsible for maintaining the confidentiality of your login credentials you use to sign up for P.O.W.E.R., and you are solely responsible for all activities that occur under those credentials.  Your membership with P.O.W.E.R. is for your use only.  If your share your user id and password with a third party, we will revoke your membership without any refund.  If you think someone has gained access to your account, please immediately contact [email protected].

4. Modifying the Services and Termination.

P.O.W.E.R. is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

P.O.W.E.R. may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and P.O.W.E.R.: Section 4, Section 5, and Sections 12 through 19.

5. Safety; Your Interactions with Other Users.

Though P.O.W.E.R. strives to encourage a respectful user experience, you agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow the below P.O.W.E.R. Safety Tips, prior to using the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

We strive to bring people together to encourage and enable the growth of excellence and empowerment amongst women all over the globe. With that in mind, our user safety is a top priority. We understand that meeting someone for the first time whether online, through an acquaintance or on an outing is intriguing and exciting. However, your safety is very important, and because you are in control of your P.O.W.E.R. experience, there are certain safety steps that you should follow – both online and offline.

We include herein some safety tips, but you acknowledge and agree that you are always the best judge of your own safety, and these guidelines are not intended to be a substitute for your own judgment.

Protect Your Finances & Never Send Money or Financial Information

Never respond to any request to send money to another user, especially overseas or via wire transfer, and report it to us immediately – even if the person claims to be in an emergency. Wiring money is like sending cash: the sender has no protections against loss and it’s nearly impossible to reverse the transaction or trace the money. For more information, click on the video below to the U.S. Federal Trade Commission’s advice to avoid online scams, also available here.

Protect Your Personal Information

Never give personal information, such as: your social security number, credit card number or bank information, or your work or home address to people you don’t know or haven’t met in person.

Note: P.O.W.E.R. will never send you an email asking for your username and password information. Any such communication should be reported immediately.

Be Web Wise

Block and report suspicious users. You can block and report concerns about any suspicious user anonymously at any time on P.O.W.E.R..

Report All Suspicious Behavior

Please report all suspicious behavior to [email protected].

YOU, AND NOT P.O.W.E.R., ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND AND AGREE THAT P.O.W.E.R. IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY OTHER USER’S BEHAVIOR, WHETHER IN PERSON OR ONLINE. YOU UNDERSTAND THAT P.O.W.E.R. DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. P.O.W.E.R. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. P.O.W.E.R. RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

6. Rights P.O.W.E.R. Grants You.

P.O.W.E.R. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by P.O.W.E.R. and permitted by this Agreement. Therefore, you agree not to:

• use the Service or any content contained in the Service for any commercial purposes without our written consent.
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without P.O.W.E.R.’s prior written consent.
• express or imply that any statements you make are endorsed by P.O.W.E.R..
• use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
• upload viruses or other malicious code or otherwise compromise the security of the Services.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
• “frame” or “mirror” any part of the Service without P.O.W.E.R.’s prior written authorization.
• use meta tags or code or other devices containing any reference to P.O.W.E.R. or the Service (or any trademark, trade name, service mark, logo or slogan of P.O.W.E.R.) to direct any person to any other website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
• use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
• use, access, or publish the P.O.W.E.R. application programming interface without our written consent.
• probe, scan or test the vulnerability of our Services or any system or network.
• provide the Service with any false information or photos regarding any biographical, employment, or other information.
• encourage or promote any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

7. Rights you Grant P.O.W.E.R..

By creating an account, you grant to P.O.W.E.R. a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available, whether in print (including our print publications) or online (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other P.O.W.E.R. users).

You agree that all information that you submit orally or in writing to P.O.W.E.R. is accurate and truthful and you have the right to post the Content on the Service and grant the license to P.O.W.E.R. above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for P.O.W.E.R. allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to P.O.W.E.R. regarding our Services, you agree that P.O.W.E.R. may use and share such feedback for any purpose without compensating you.

You agree and understand that P.O.W.E.R., in our effort to recognize the women of empowerment and achievement, will strive to locate, interview, investigate the qualifications and accomplishments of each of its users. In doing so, we reserve the unfettered right to record all phone calls and communications. You explicitly agree and understand that P.O.W.E.R. shall not, cannot, and will not be held liable for the false, fraudulent, and/or intellectual property infringing information provided to us by any user.

You agree that P.O.W.E.R. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

8. Community Rules. By using the Services, you agree that you will not:

• use the Service for any purpose that is illegal or prohibited by this Agreement.
• spam, solicit money from or defraud any users.
• impersonate any person or entity or post any images of another person without his or her permission.
• bully, “stalk,” intimidate, harass or defame any person.
• post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
• use another user’s account.
• create another account if we have already terminated your account, unless you have our permission.

P.O.W.E.R. reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that P.O.W.E.R. regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.

9. Other Users’ Content.

Although P.O.W.E.R. reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and P.O.W.E.R. cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via [email protected].

10. Purchases and Sales.

In App Purchases. From time to time, P.O.W.E.R. may offer products and services for purchase through various payment platforms authorized by P.O.W.E.R. If you choose to make a purchase, plus any applicable sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription your account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or the P.O.W.E.R. application from your device.

Marketplace- Products and Services

The products and services offered in our marketplace are provided by our members. We request that any items listed for sale be suitable for professionals. P.O.W.E.R. will not be held responsible for any items or transactions that are made through the marketplace. We reserve the right to approve or disapprove any postings.

P.O.W.E.R. Purchases.

If you choose to make a purchase through P.O.W.E.R., you agree to pay P.O.W.E.R. all charges at the prices disclosed to you for the services you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize P.O.W.E.R. to charge your chosen payment provider (your “Payment Method”). P.O.W.E.R. may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, P.O.W.E.R. may terminate your account immediately in its sole discretion.

If you purchase a subscription through P.O.W.E.R., your subscription will continue for the duration of your membership level. If you cancel your subscription, you may use your subscription until the end of your paid-for subscription term, subject to the “Refunds” paragraph below.

You may edit your Payment Method information with P.O.W.E.R. by calling us via telephone at (516-365-3222). If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that you must pay in United States Dollars.

Refunds. All charges for purchases are nonrefundable, and there is a strict no-refund or credit policy for partially used periods, any personalized item, such as plaques, editorials, logos, website design, or other Services.

You agree and understand that P.O.W.E.R. makes no guarantees in connection with their services, including no guarantee of any increase in business, contacts, revenues, or other professional or personal advancement.

11. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
• your contact information, including address, telephone number and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright 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 owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at [email protected] or the following address:

______________________________________________________

P.O.W.E.R. will terminate the accounts of repeat infringers.

12. Disclaimers.

P.O.W.E.R. PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. P.O.W.E.R. DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.

P.O.W.E.R. TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

13. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. P.O.W.E.R. is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. P.O.W.E.R. is not responsible or liable for such third parties’ terms or actions.

14. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL P.O.W.E.R., ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF P.O.W.E.R. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL P.O.W.E.R.’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO P.O.W.E.R. FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Arbitration, Class-Action Waiver, and Jury Waiver.

Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:

1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.