Être LLC, a Delaware public benefit limited liability company (“Être,” “we,” “us,” or “our”), welcomes you to our website, https://www.etregirls.com/ (the “Website”), and if applicable, as a founder of your local chapter of, or participant in, our mentorship “club-in-a-box”, Club Être (“Club Être”).  Seriously, hey there! These terms of use and all other terms and conditions or documents incorporated by reference herein, including, without limitation, our Privacy Policy (collectively, the “Terms of Use”), constitute a legally binding agreement between you and us with respect to your access and use of the Website, and if applicable, your creation of a local chapter of, and/or participation in, Club Être.  Boring, we know. But by accessing and using the Website, or creating a local chapter of, and/or participating in, Club Être, you acknowledge that you have read and understand these Terms of Use, and you are deemed to have accepted, executed and be bound by these Terms of Use.  IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE, YOU ACKNOWLEDGE AND AGREE THAT YOU MUST FIRST OBTAIN THE PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN IN ORDER TO USE THE WEBSITE AND/OR PARTICIPATE IN CLUB ÊTRE, AND YOU REPRESENT AND WARRANT TO US THAT YOU HAVE OBTAINED SUCH PERMISSION AND THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND DISCUSSED THESE TERMS OF USE WITH YOU.

We may change or amend these Terms of Use at any time and we encourage you to check periodically for any such changes or amendments.  If we make a material change or amendment to these Terms of Use, we will notify you by posting such changes or amendments on the Website, which changes or amendments will be effective automatically upon the posting thereof.  You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. 

We may, from time to time, release new versions of the Website, or release/introduce coolest-ever new tools, products, services, functionalities, and/or features for the Website, which will be subject to these Terms of Use, and any additional terms of service that may apply to such additional versions, tools, products, services, functionalities, or features.

IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE WEBSITE AND DO NOT PARTICIPATE OR CONTINUE TO PARTICIPATE IN CLUB ÊTRE.  YOUR CONTINUED USE OF THE WEBSITE AND/OR PARTICIPATION IN CLUB ÊTRE (AS APPLICABLE) FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF USE SHALL AUTOMATICALLY CONSTITUTE YOUR UNDERSTANDING OF, AND ACCEPTANCE AND AGREEMENT TO, SUCH CHANGE.

Website License

We hereby grant you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and make personal use of the Website and Website Content (defined below), solely as permitted by the tools, products, services, functionalities and/or features of the Website, or as expressly permitted by us in connection with your participation in Club Être, subject in all respects to these Terms of Use, and not for redistribution of any kind (the “License”).  This License does not include any resale or commercial use of (i) the Website, (ii) any content, materials, information, text, data, copyrights, images, photos, articles, stories, artwork, videos, pictures, musical compositions, sound recordings, screenshots, chats, posts, graphics, identifying marks, Website pages, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into, the Website by or on behalf of Company, and (iii) any trademarks, service marks, logos, designs, and insignia of Être or any third party companies, products and services used or displayed on the Website or in collateral materials thereto (collectively, “Trademarks”) (items (ii) and (iii) collectively, “Website Content”), which Website Content is and shall remain the sole and exclusive property of Être (or the applicable third party licensor from whom Être obtained the right to use such Website Content).  You specifically acknowledge and agree that all Trademarks described in item (iii) are registered and unregistered trademarks or service marks of Être or the applicable third party licensor/owner thereof, and nothing on the Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks other than as expressly permitted hereunder, without the prior written permission specific for each such use by Être or the applicable third party licensor/owner thereof.  For the avoidance of doubt, use of any Trademark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us or the applicable third party licensor/owner thereof in writing.  All goodwill generated from the use of the Trademarks inures to the benefit of the applicable owner thereof.

As between you and us, Être retains all right, title and interest in and to the Website, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other materials and content uploaded or incorporated into the Website, including, without limitation, all Website Content, and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and the coordination, selection, arrangement and enhancement of such associated trade secret rights and other intellectual property and proprietary rights as a Collective Work under the United States Copyright Act, as amended (collectively, “Website IP”), and nothing contained herein shall be construed as creating or granting you any right, title or interest in and to such Website IP other than the express license granted therein pursuant to these Terms of Use.  Website IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.

Violation of this License may result in infringement of intellectual property and contractual rights of Être, other users of the Website, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.  

Third-Party Content and Products

The Website includes embedded third-party content and links (such as hyperlinks) to third party websites, products and services (including external websites that are framed by the Website as well as any advertisements displayed in connection therewith) that are not owned or controlled by Être (collectively, “Third Party Content”). This Third Party Content is provided as an information service, for reference and convenience only.  Être does not control any such Third Party Content and is not responsible for (i) the availability or accuracy of any such Third Party Content or (ii) any content, advertising, or products or services displayed or sold on or through such Third Party Content (as applicable).  Inclusion of any Third Party Content on the Website does not constitute or indicate Être’s endorsement thereof and Être shall not be liable or responsible for any Third Party Content transmitted on or through the Website.  You shall be subject to any additional terms and conditions of use, guidelines, rules, privacy policies, and other practices applicable to any Third Party Content that you access or use through the Website (collectively, “Third Party Terms”).  All such Third Party Terms are hereby incorporated by reference into these Terms of Use.  You acknowledge and agree that we will not and cannot censor or edit any Third Party Content and that you shall assume the sole responsibility for and risk associated with your use and/or access of, or interaction with, Third Party Content, including compliance with any applicable Third Party Terms associated therewith.  Accordingly, Company encourages you to be aware when you leave the Website and to read the Third Party Terms associated with any such Third Party Content.

By using the Website, you expressly relieve and hold Être harmless from any and all liability arising from your use of any Third Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third Party Content on the Website or the failure of such Third Party Content to function as intended.  It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.

Limitations on Website Use; Community Guidelines

Être’s community, like any friend group or community, functions best when its users follow a few simple rules.  Therefore, in addition to the limitations on the use of the Website and Website Content or other Website IP set forth in the License granted herein, while using the Website and/or participating in Club Être, you agree to comply with the following Être community guidelines and rules:

• You will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of Être, other users of the Website, or other participants in Club Être, or use information learned from the Website or Website Content to otherwise defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate the legal rights of Être, other users of the Website, or other participants in Club Être;

• You will not interact with other users of the Website or other Club Être participants to communicate or distribute information, that is defamatory, profane, infringing, obscene, unlawful, offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.

• In connection with your participation in Club Être, you will not publish or make publicly available, or request or solicit other participants to publish or make publicly available, any personal contact or location information (e.g., phone number, e-mail address, physical address, third-party platform social media handles, location information, etc.).

• You will not solicit or induce, or attempt to solicit or induce, other users of the Website or Club Être participants to take any actions that could be harmful to such users/participants or any other person or property, or that otherwise would violate any applicable laws.

• You will not use the Website, Website Content, or Club Être for any purpose in violation of applicable local, state, federal, or international law;

• You will not use or otherwise export or re-export the Website or any portion thereof, or the Website Content in violation of the export control laws and regulations of the U.S.;

• You will not upload or attempt to upload files to the Website that contain viruses, Trojan horses, corrupted files, malware, spyware, bugs, or any other similar software that may damage or infiltrate the operation of any other user’s computer.

• You will not participate in Club Être, or use Club Être as a platform, to sell any goods or services for any commercial purpose, or otherwise post commercial advertisements, affiliate links, and other forms of solicitation.

• You will not conduct or forward surveys, contests, pyramid schemes, or chain letters;

• You will not impersonate another person or user or knowingly allow any other person or entity to use your identification to access or otherwise utilize the Website or Club Être;

• You will not imply or state that any statements you make in connection with your participation in Club Être are endorsed by Être or any other participant in Club Être. 

• You will not use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the Website in any manner;

• You will not hack or interfere with the Website, its servers, or any connected networks;

• You will not adapt, alter, license, sublicense, or translate the Website or Website Content for your own personal or commercial use;

• You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website.

• You will not remove or alter, visually or otherwise, any copyrights, Trademarks, or proprietary marks and rights owned by Être or any third party licensor/owner thereof;

• You will not use the Website or participate in Club Être in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Être’s trade secret information for public disclosure or other purposes;

• You will not access, use, transfer, distribute, or dispose of Website or Website Content in any manner that could compete with the business of Être, or to collect any market research for a competing business; or

• You will not circumvent, remove, alter, deactivate, degrade, or thwart any content protections in the Website.

• You will not cause or induce any third party to engage in the restricted activities above. Because friends watch out for other friends.

If you discover anything or any person that you feel may be violating these community guidelines, please email us at info@etregirls.com to let us know and we will happily review it.

Unlawful Activity; Termination of License and/or Website and Club Être Access

The License granted to you hereunder terminates automatically upon any unauthorized use of the Website or Website Content or other Website IP, or any unauthorized action taken in connection with your participation in Club Être, and Être will take appropriate investigative and legal action for any illegal or unauthorized use of, or interaction with, the Website, Website Content or other Website IP, or Club Être.

We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to a Website user’s/Club Être participant’s e-mail addresses, usage/participation history, Internet Protocol (IP) addresses, and Internet or browser traffic information (as applicable).

We further reserve the right, in our sole discretion and without notice or liability to you, to suspend or terminate your use of, access to, or participation in, the Website and/or Club Être (either in whole or in part) at any time for any reason with any conditions, including, without limitation, if we believe in good faith that you have violated or acted inconsistently with these Terms of Use or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable. We may also terminate your access to the Website and/or participation in Club Être if you file any claim against Être or file any claim that involves the Website and/or Club Être. We also reserve the right, at our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Être. In the event your right to use the Website or participate in Club Être is terminated, limited, or suspended, these Terms of Use will remain in effect and enforceable against you.

You may terminate these Terms of Use at any time by ceasing all use of the Website and Website Content and/or stopping all participation in Club Être (as applicable); provided, however, that all sections of these Terms of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.

Être Communications; Parental Consent Requirements; COPPA

Certain pages on the Website provide you with Être email addresses that you can write to in order to request (each, a “User Request”) to receive newsletters, publications and information from us, and/or to engage in certain other electronic communications with us (each, an “Être Communication”), including, without limitation, Être Communications related to our Advisory Board, Club Être, and our “Lunch and Learn” events.  If you send us a User Request, we will ask you to provide us with certain information before we will engage in any additional communications with you, or provide any requested information to you, as described in more detail below depending on your age (collectively, “Verification/Consent Information”). You represent, warrant and covenant that all Verification/Consent Information that you provide to us is and at all times will remain true, accurate, current and complete.  We reserve the right to re-confirm, modify or add to the Verification/Consent Information requests from time to time and you agree to promptly complete any such re-confirmations, or additional or modified information fields when and as requested by Être.  If you do not reply to our Verification/Consent Information email within five (5) days, we will send you a one-time response to your question, as applicable and in our sole discretion, and then promptly delete your User Request and any email address information or other personally identifiable information provided to us in connection therewith.

Être will have the right to use your Verification/Consent Information as described in more detail in our Privacy Policy.

Users Under the Age of 13:  In accordance with the Children’s Online Privacy Protection Act (“COPPA”), if you are under the age of thirteen (13) (i.e., twelve (12) years old or younger) (a “Child,” and collectively, “Children”), you may not send us a User Request without your parent or legal guardian’s verifiable consent as set forth herein (“Parental Consent”).  If we discover a Child has sent us a User Request without Parental Consent, we will take prompt steps to (i) delete such User Request and any email address information or other personally identifiable information provided to us in connection therewith, and (ii) unsubscribe that Child from receiving Être Communications going forward.  A Child who wishes to receive Être Communications will be prompted to provide the only following Verification/Consent Information: (i) first name and last name initial, (ii) date of birth to verify age, and (iii) parent/legal guardian’s email address (“Child Verification/Consent Information”).  No other personally identifiable information will be requested or collected from a Child prior to our receiving Parental Consent. When the Child submits the Child Verification/Consent Information, we will automatically send a message to such Child’s parent/legal guardian’s email address requesting Parental Consent, along with a description of what information we collect from Children, how we use such information, and a link to these Terms of Use and our Privacy Policy.  The parent/legal guardian of the Child must click the link in the email to consent to the Child being able to receive Être Communications and our collection of certain personally identifiable information of the Child necessary to provide such Être Communications.  The parent/legal guardian will then receive a confirmation email with information on how he or she may revoke the Parental Consent.  Parents/legal guardians may unsubscribe their Children from receiving future Être Communications either by clicking “Unsubscribe” within the applicable Être Communication or by emailing info@etregirls.com with a request to “Unsubscribe”.  If we do not receive Parental Consent within seven (7) days of sending the initial request for consent, we will automatically delete the initial User Request, the Child Verification/Consent Information, and any email address information or other personally identifiable information provided to us in connection therewith.

We believe that protecting the privacy of Children is particularly important and make every effort to comply with COPPA. Therefore, except in limited circumstances as permitted by law, we never ask Children for any personally identifiable information unless and until we obtain Parental Consent, and only collect such information as is reasonably necessary to make the services available, to send Être Communications, and to support the internal operations of Être.  Our Privacy Policy, specifically our Children’s Privacy Policy (described in more detail therein), details the exact personally identifiable information that we may collect from Children, how we use that information, to whom we share that information with, the rights of parents/legal guardians with respect to their Children’s personally identifiable information, and how we obtain Parental Consent.

Users Between the Age of 13 and the Age of Majority:  If you are between the ages of thirteen (13) and eighteen (18) (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of your primary residence) you may send us a User Request only with your parent or legal guardian’s consent, and you will be required to provide us with the following Verification/Consent Information: (i) first name and last name, (ii) date of birth to verify age, and (iii) an affirmative representation and warranty that you have your parent/legal guardian’s consent to receive Être Communications.  IF YOU ARE A PARENT/LEGAL GUARDIAN OF A CHILD BETWEEN THE AGE OF 13 AND THE AGE OF MAJORITY WHO SENT US A USER REQUEST AND VERIFICATION/CONSENT INFORMATION, AND WHO IS RECEIVING ÊTRE COMMUNICATIONS WITHOUT YOUR PERMISSION, OR YOU WISH TO REVOKE YOUR PERMISSION, PLEASE INSTRUCT YOUR CHILD NOT TO ACCESS OR USE THE WEBSITE AND EMAIL US AT INFO@ETREGIRLS.COM REQUESTING THAT WE “UNSUBSCRIBE” YOUR CHILD AND DELETE HIS OR HER PERSONALLY IDENTIFIABLE INFORMATION FROM OUR RECORDS.  WE WILL RESPOND AS PROMPTLY AS PRACTICABLE TO SUCH REQUESTS AND LOOK INTO TAKING ALL APPROPRIATE REMEDIAL STEPS AS MAY BE NECESSARY.

Users Over the Age of Majority:  If you are eighteen (18) years old or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of your primary residence you may send us a User Request at any time, and you will be required to provide us with the following Verification/Consent Information: (i) first name and last name and (ii) date of birth to verify age.

Representations and Warranties; Acknowledgements

You acknowledge and agree that you shall be solely responsible for all Verification/Consent Information and any other content, materials, information and data that you submit to us, and you further represent and warrant that all Verification/Consent Information and any other content, materials, information and data that you submit to us (i) is true, accurate, current, and complete and (ii) does not infringe upon the rights of any third party, including, without limitation, intellectual property rights, propriety rights and rights of publicity/privacy.

Although you have the ability to email us and engage in certain discussions with us via Être Communications, we do not want you to, and you should not, provide us with any Verification/Consent Information and any other content, materials, information and data that contains confidential information.  With respect to all Être Communications, including those involving feedback, questions, comments, suggestions, and the like from you, we shall be free to use any ideas, concepts, know-how, or techniques contained in such Être Communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you. 

Digital Millennium Copyright Act

Être has registered an agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA.  Être reserves the right to remove any Website Content that allegedly infringes another party’s copyright.  Être will terminate, in appropriate circumstances, users who are repeat infringers of another party’s copyright.  Notices to Être regarding any alleged copyright infringement should be directed to Être via email at: info@etregirls.com. This email address is only for reporting suspected copyright infringement.  Contact information for other matters is provided elsewhere in these Terms of Use.

Notification of Alleged Copyright Infringement:  Être respects the intellectual property rights of others and expects all users to do the same. Eyes on your own paper. If you believe in good faith that your work is being used on the Website in a way that constitutes copyright infringement under applicable law, you may provide us with a written notice containing the following:

• Your name, address, telephone number, and email address;

• A description of the copyrighted work that you claim has been infringed and an explanation as to why you think an infringement has taken place;

• A description of where the material that you claim is infringing is located on the Platform, sufficient for Être to locate the material (e.g., the URL);

• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or applicable law;

• A statement by you under penalty of perjury under applicable law that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

• Your electronic or physical signature.

United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Trademark and other Intellectual Property Infringement; Reporting Non-Permitted Minor Content

You agree not to display or use in any manner any (i) trademark, service mark, logo, design, insignia, trade dress, slogan, or other brand features, either registered under the laws of the United States or any other country or jurisdiction, or unregistered and existing at common law, belonging to Company or any third party, or (ii) any text, image, video, or other item of content, that violates any other intellectual property right of any third party, including, without limitation, any right of privacy or publicity, unless you obtain Être’s or such third party’s prior written permission.

Être reserves the right to remove any Website Content that allegedly infringes another party’s trademark, service mark or other intellectual property right. Être will terminate, in appropriate circumstances, users who are repeat infringers of another party’s trademark or service mark. Notices to Être regarding any such alleged infringement should be directed to Être via email at: info@etregirls.com and shall include all the same information required to be included in any copyright infringement notice as set forth in the Digital Millennium Copyright Act above. This email address is only for reporting suspected trademark infringement.  Contact information for other matters is provided elsewhere in these Terms of Use.

Advertisers on Website

The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Être will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

Special Promotions

Être may from time to time provide certain promotional opportunities, sweepstakes, and contests via the Website. Think giveaway fun! All such promotions will be run at the sole discretion of Être, and can be activated, modified, or removed at any time by Être without advance notification and the liability of any of Être’s partners pursuant to such promotional opportunities, sweepstakes, and contests shall be limited pursuant to these Terms of Use.

Third-Party Communications

By providing us with your email address and using the Website or participating in Club Être, you hereby affirmatively consent to the use of your email address for notifications from us regarding important service announcements and other administrative or community communications related to your use of the Website and/or Club Être, as well as certain marketing and other advertising communications from us and from our third-party advertising/sponsoring partners, as more fully set forth in our Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain service and other administrative notifications related to the Website, your only way to opt out of such messages is to stop using the Website.

Être disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Website (“Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Être assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.

By using the Website, you expressly relieve and hold Être harmless from any and all liability arising from your use of any Third-Party Communications, including any loss or damage incurred as a result of any dealings between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.

Disclaimers

YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ÊTRE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY WEBSITE CONTENT PROVIDED THROUGH THE WEBSITE OR CLUB ÊTRE, OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. ÊTRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND ÊTRE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE

WITHOUT LIMITING THE FOREGOING, NEITHER ÊTRE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, PARTICIPATION CLUB ÊTRE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE OR CLUB ÊTRE. NEITHER ÊTRE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY WEBSITE USER OR CLUB ÊTRE PARTICIPANT. NEITHER ÊTRE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. ÊTRE AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Limitation of Liability; Class Action Waiver

YOU ACKNOWLEDGE AND AGREE THAT ÊTRE IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD ÊTRE OR ANY OF ITS CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, OR OTHER CONTRACTING PARTIES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY ÊTRE OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

YOU ACKNOWLEDGE THAT ALTHOUGH THE WEBSITE, ANY WEBSITE CONTENT CONTAINED THEREIN, AND OTHER COLLATERAL MATERIALS PROVIDED BY ÊTRE IN CONNECTION WITH CLUB ÊTRE CAN BE USED AS AIDS TO MAKE INFORMED DECISIONS, THE WEBSITE, THE WEBSITE CONTENT CONTAINED THEREIN, AND ALL OTHER SUCH MATERIALS ARE SOLELY EDUCATIONAL AND INFORMATIONAL IN NATURE AND ARE NOT MEANT TO BE SUBSTITUTES FOR LEGAL, BUSINESS, OR MEDICAL ADVICE OR EXERCISE OF YOUR OWN JUDGMENT.  ANY SUCH DECISIONS OR JUDGMENTS ARE MADE AT YOUR SOLE DISCRETION AND ELECTION.

UNDER NO CIRCUMSTANCES WILL ÊTRE OR ANY OF ITS CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, OR OTHER CONTRACTING PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ÊTRE OR ANY OF ITS CONTENT PARTNERS, VENDORS, THIRD PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, OR OTHER CONTRACTING PARTIES IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

YOU AND ÊTRE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR ÊTRE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR ÊTRE ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND ÊTRE FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, ÊTRE, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Indemnification

You hereby agree to indemnify, defend and hold harmless, Être and its content partners, vendors, third party licensors, distributors, advertisers, or other contracting parties (collectively, the “Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, or expenses (including all attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: (i) your use of, or inability to use, the Website; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Terms of Use; (iii) your violation of any applicable law or regulation; (iv) your violation of any third-party rights, including, without limitation, any intellectual property rights; (v) your misuse of the Website Content or the Website; and (vi) your violation of the community guidelines and any other standards, policies or rules provided to you by us in connection with your participation and/or involvement in, Club Être. The Indemnified Parties shall promptly notify you of any such claim, and you shall assume control of the defense, at your sole cost and expense, of such claim upon the Indemnified Parties’ request. The Indemnified Parties reserve the right, at their own cost and expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification hereunder. You will not, in any event, settle any claim or matter without the written consent of the applicable Indemnified Parties.

Website Access Requirements; Errors and Corrections; Updates and Maintenance

Access to and use of the Website requires a compatible mobile device/web browser and internet connection. Although we are working to ensure that the Website is compatible across various devices, we cannot guarantee that the Website will work with all devices.

It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility.  Your use of the Website may vary in functionality, availability and quality depending on the type of the device and the operating system that you use and Être accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).

It is your responsibility to pay for all costs and expenses that you may incur while using the Website (including, but not limited to, all telephone call or line charges or Internet data service access charges).

Être does not represent or warrant that the Website or Website Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Être does not warrant or represent that the Website Content available on or through the Website will be correct, accurate, timely, or otherwise reliable. Your access to the Website may be interfered with by numerous factors outside of Être’s control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. Être is not responsible for and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Website. In addition, perfect security does not exist on the Internet; Être cannot and does not guarantee that any personally identifiable information relating to you submitted to the Website will not become public under any circumstances.

Être may in the future update the Website to change the Website Content and/or features thereof at any time (an “Update”). Être shall not be liable to any User in any way as a result of any temporary suspension of the Website or Content arising from or in connection with an Update. Furthermore, Être is under no obligation to undergo an Update of the Website to the extent any Website Content and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.

Governing Law and Jurisdiction; Disputes; Equitable Relief

The Terms of Use are governed by and construed in accordance with the internal law of the State of New Jersey without reference to its principles of conflicts of laws and any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in the County of Monmouth in the State of New Jersey, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action and waive all objections relating to jurisdiction, venue, or inconvenient forum with respect to such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use.  We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of any claim brought against you. 

Assignments

Être may assign, subcontract, and/or otherwise transfer any or all of its rights and/or obligations under these Terms of Use to any company, firm, or person. You may not transfer your rights or obligations under these Terms of Use to anyone else.

Waiver and Severability of Terms; Entire Agreement

Failure by Être to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Website and Website Content, and participation in Club Être.

Privacy

Your privacy is very important to us. To understand our practices, please review our Privacy Policy, which is incorporated by reference into these Terms of Use and also governs your use of the Website and your participation in Club Être.

Contact

Questions or comments about the Website and services, Club Être, or these Terms of Use should be sent by email to info@etregirls.com. Okay, back to the fun stuff.

Last Updated: 2020