Thank you for visiting www.theshemark.com (the "Site"). These Terms and Conditions (sometimes referred to as the "Terms of Use") along with the Privacy Policy incorporated herein govern your use of the Site and the content, features, information, and services made available on and through the Site, including SHE Online and the SHE Certified Community.  Please read these Terms of Use carefully before using the Site or any services offered on the Site. The Terms of Use, when agreed to by you (“You”), will form a binding Agreement between you and the Syndicate for Human Equity, Inc. ("SHE", "we," "us," "our," and other similar pronouns). 
 
The Site, SHE Online, and the SHE Certified Community are expected to be available in general twenty-four hours a day, seven days a week, other than when unavailable for maintenance, upgrades, modifications, or similar reasons; however, SHE does not guarantee the availability of the Site, SHE Online, or the SHE Certified Community, nor that access thereto will be uninterrupted or error-free. Company reserves the right to interrupt, limit, or suspend the aforementioned sites or any portion thereof from time to time for purposes of maintenance, upgrades, modifications, or similar reasons. You understand and agree that Company shall not be held responsible or liable for any damages arising from any interruption, suspension, or termination of SHE Online or any portion of the Site, regardless of the cause. Terms used but not defined herein may be defined in the Privacy Policy.

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1. Acceptance of Terms of Use. 

Your use of the Site indicates your acceptance of these Terms and Conditions (sometimes referred to herein as the “Terms of Use”). If you do not accept these Terms of Use, do not use the Site. From time to time these Terms of Use may be revised by updating this document and posting it on the Site. Please review these Terms of Use from time to time. Your continued use of the Site will constitute your agreement to the most current version of these Terms of Use. If at any time you do not agree to these Terms of Use, do not use the Site.
 
2. Contact.  

Questions concerning the use of the Site and its services should be directed to info@theshemark.com or via any of the methods contained on the Reach Out page.
 
3. Intellectual Property Rights. 
All text, graphics, design, tools, and programming on the Site ("Content") is the sole property of SHE or their respective owners and is protected by copyright law, trademark law, and international treaties. SHE authorizes you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purposes, except as specifically provided herein. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Site, as well as any graphics.
 
The "look" and "feel" of the Site (including color combinations, layout, design, and all other graphical elements) are also protected by U.S. copyright and trademark law. All product names, names of services, trademarks, and service marks including, by way of example and not limitation, SHE™, SHE Mark™, SHEruns™, SHEmakes™, SHEowns™, and any related design and/or logo marks ("Marks") are the property of SHE or the property of their respective owners. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms of Use. Nothing contained in this Agreement is intended to confer upon or assign to you any right, claim, title, or interest in or to any of SHE’s intellectual property and/or proprietary rights.

 

4. Acceptable Use of the Site.  
SHE provides website visitors with Content on the Site for informational, educational, and other purposes. The Site may be used within the context of the products, services, and information contained on the Site. The information displayed on the Site may not be used for any purpose except in connection with your personal, direct use of the Site as permitted by these Terms of Use, and may not be excerpted, summarized, duplicated, or otherwise removed from the Site. In addition, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. As a condition of use of the Site, you promise not to use the Site or related services in any manner prohibited by applicable law and regulations. By way of example and not as a limitation, you shall not and shall not permit any third party to either (a) take any action or (b) upload, download, post, submit, or otherwise distribute or facilitate distribution of any content on or through the Site services, including without limitation any user submission, that:
 

• infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty;

• you know is false, misleading, untruthful, or inaccurate;

• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or obscene;

• constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail ("spamming");

• involves commercial activities (whether or not for profit) and/or sales without SHE’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

• contains software viruses or any other malware, computer codes, files, worms, or programs that are designed or intended to disrupt, disable, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of SHE or any third party;

• impersonates any person or entity, including but not limited to any employee or representative of SHE;

• includes anyone's identification documents or sensitive financial information; or

• violates SHE's posted privacy, website, or other policies.

 
You shall not (directly or indirectly):
 

• interfere with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, trojan horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the website by any users;

• alter or modify the Content or remove our copyright or trademark notice or other legends;

• use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; 

• harvest or scrape any Content from the Site; or

• attempt to interfere with service to any users of the Site, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing," or "crashing".

 
5. Monitoring of Information. 

SHE does not assume any obligation to review the accuracy, completeness, truthfulness, or content of any information submitted to the Site, except where expressly indicated. You are responsible for verifying the accuracy of information posted through your independent investigation. While under no obligation to do so, SHE may in its discretion review information submitted to the Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Site for any reason whatsoever. SHE reserves the right to suspend your use of the Site for any reason at any time, in its sole discretion.
 
6. Rights to Information and User Submissions. 
We may use information and content submitted by you in a number of ways to provide our services as further described in our Privacy Policy.  You hereby grant to SHE a non-exclusive, irrevocable, perpetual, worldwide, fully paid, royalty-free, sublicensable, and transferable right and license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, and otherwise fully exploit the user submissions in connection with the Site, the services, and SHE’s (and its successors’ and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the services in any media formats and through any media channels (including, without limitation, third party website and feeds) subject to any other written agreement you may have entered into with SHE. You also hereby do and shall grant each user of the Site and/or the services, a non-exclusive license to access your user submissions through the Site and the service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, and publicly perform such user submissions in connection with their use of the Site and services. 
 
For clarity, the foregoing license grant to SHE does not affect your other ownership or license rights in your user submission(s), including the right to grant additional licenses to the material in your user submission(s), unless otherwise agreed in writing with SHE.  You represent and warrant that you have all rights to grant such licenses without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.  
 
If you believe your works have been infringed by any user submissions or other material on the Site, please contact us to notify us of such suspected infringement via any of the methods outlined in paragraph 2, above.

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7. Passwords and Log-in information. 
To help protect the security of the Site and your information, you should follow security best practices such as protecting your user name and password. You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your account and registration, whether or not authorized by you. Do not share your password or user name with any other person. In the event you become aware of misuse or unauthorized use of your user name or password, it is your obligation to notify SHE. SHE shall have no responsibility for lost or misused usernames or passwords or for unauthorized access to them.
 
8. Support. 
Support services may be available to you via the Site or other communications. Based on information You may provide to us, we may provide you suggestions and feedback regarding your use of the Site and/or your application for SHE Certification. As a reminder, the final review of applicant’s project documentation will be performed by SHE’s staff, and achievement of SHE Certification is not guaranteed.
 
9. Termination of Access to Site. 
Users who violate these Terms of Use may be denied access to the Site at the sole discretion of SHE.
 
10. Disclaimer of Warranties, Indemnification and Limitations of Liability. 
Your agreement to the following disclaimers and limitations are a material inducement to SHE to permit you to access the Site. Your use of the Site, and the obligations and liabilities of SHE in respect of your use of the Site, is expressly limited as follows:
 
Conduct of users. 
SHE assumes no responsibility for the activities or conduct of users of SHE Online.
 
Third Party Information or Site. 
The Site displays the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation, or warranty, either express or implied, by SHE on behalf of or any third party. In addition, SHE does not endorse, warrant, or otherwise guarantee the substance of any information posted by users or third parties on the Site. SHE shall have no liability or responsibility whatsoever for the content, subject matter, or substance of any information accessed or obtained from third party websites accessed from or through the Site. We encourage you to review the applicable terms of use and privacy policy of such third party website(s).
 
Accuracy of Information. 
SHE makes no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness, or reliability of any information submitted by users of the Site, or of any other form of communication engaged in or information exchanged by users of the Site. Information on the Site may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by users or on any other form of communication with users will be at your own risk.
 
DISCLAIMER OF WARRANTIES. 
THE SITE AND CONTENT MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND. SHE DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER AS TO THE SITE OR CONTENT MADE AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, LOSS OF DATA, FITNESS FOR PARTICULAR PURPOSE, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING, OR SPEED OF DELIVERY. 
 
SHE’S ACTIVITIES, THE SHE CERTIFICATION MARKS (AND ALL VERSIONS THEREOF), AND SHE’S APPLICATION PROCESSES, ARE NOT INTENDED IN ANY WAY TO GUARANTEE, CERTIFY, WARRANT, OR IMPLY THAT YOUR PROJECT OR COMPANY IS IN COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS, OR CODES. FURTHER, SHE’S ACTIVITIES, THE SHE CERTIFICATION MARKS (AND ALL VERSIONS THEREOF), AND SHE’S APPLICATION PROCESSES ARE INTENDED TO EDUCATE CONSUMERS AND ASSIST COMPANIES IN THEIR EFFORTS TO FOSTER EQUITABLE WORKPLACES, AND NOTHING ON THE SITE OR CONTENT MADE AVAILABLE ON THE SITE SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, LEGAL ADVICE. SHE’S ACTIVITIES, THE SHE CERTIFICATION MARKS (AND ALL VERSIONS THEREOF), AND SHE’S APPLICATION PROCESSES DO NOT CONSTITUTE THE PRACTICE OF LAW OR THE PROVISION OF ANY PROFESSIONAL LEGAL SERVICES.  SHE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE VALIDITY OR STRENGTH OF ANY OF THE MARKS OR ANY OTHER INTELLECTUAL PROPERTY THAT SHE OWNS OR USES. SHE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT IT WILL CONTINUE THE PARTICULAR PROGRAMS REFERENCED ON THE SITE AND MAY DISCONTINUE ANY SUCH PROGRAM OR SUBSET THEREOF AT ANY TIME.
 
LIMITATION OF LIABILITY.  
IN NO EVENT SHALL SHE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY KIND DUE TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF GOODWILL, PERSONAL OR PROPERTY DAMAGE), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
Indemnification.  
You agree to indemnify, defend, and hold harmless SHE and its affiliates and its and their employees, officers, directors, and investors from and against any and all liability, claims, causes of actions, damages, costs, and expenses, including but not limited to attorneys’ fees and costs of suit arising out of your breach of these Terms of Use.
 
11. General. 
These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state and federal courts within the State of New York. If any provision of these Terms of Use 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 these Terms of Use, which shall remain in full force and effect. The failure of SHE to enforce any term or condition of these Terms of Use shall not be deemed a waiver thereof and shall not prevent its later enforcement.

 

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These Terms & Conditions were last updated as of April 10, 2020.