Professional Membership Terms of Service

Last Updated September 12, 2018.

Welcome to the WMN / WRK Professional Membership (the “Professional Membership”)!  The Professional Membership is offered on an invite-only basis.  The purpose of the Professional Membership is to receive access to Professional Membership Benefits (“Benefits”), which are offered at the sole discretion of Women’s Membership Network LLC (the “Company”).  Please read these Terms of Service (“TOS”) carefully before signing up for and purchasing a yearly membership subscription to join the WMN / WRK Professional Membership Network (the “Professional Network”).  Company’s websites include http://wmnwrk.com, http://wmnlegal.com, http://wmnfinance.com, http://wmndoctor.com (collectively the “Site”).

By signing up for and purchasing a Professional Membership, you agree to be bound by the following TOS, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, and the rules and regulations of your state bar or professional ethics organization, if applicable. If you do not agree to all the TOS of this agreement, then you may not sign up for a Professional Membership and therefore not join the Professional Membership Network.

Section 1.  Invite-Only Basis.

Your Professional Membership is offered to you on an invite-only basis and may be revoked by Company at any time for any reason.  Notwithstanding the foregoing, Company reserves the right to terminate your Professional Membership should Company have good reason to believe that you are not upholding Company’s values, which includes but is not limited to providing supportive services to women. Should Company receive negative complaints from Users of Company’s Services and Site (please reference Company’s Site Terms of Use for definitions) regarding the client experience you’ve offered to Users and/or if Company uncovers that you are 1) not in good standing with your state bar association, 2) are not duly licensed by your professional licensing body, if applicable, 3) have failed to maintain malpractice insurance coverage and personal liability insurance coverage, or 4) do not abide by the best practices of your state bar, governing body, or professional ethics board, Company may at its sole discretion revoke and terminate your Professional Membership including any and all Benefits afforded to you as part of the Professional Membership Network.  If your Professional Membership is terminated, you will not be entitled to any refunds of Professional Membership Fees.

You must be 18 years of age or older to use or register for a Professional Membership.

Section 2. Benefits

As part of your Professional Membership, you will be offered access to Benefits.  These Benefits may include listing your profile and headshot in the professional membership directory on Company’s Site, public speaking opportunities, marketing and advertising opportunities, content creation opportunities, invitations to networking events and groups as well as other Benefits that may be offered by Company from time to time.  Any Benefits offered to you are at Company’s sole discretion and such Benefits may change, cease to exist or be removed from time-to-time.  Your Professional Membership does not guarantee you the ability to access and participate in all Benefits offered by Company. Should you decide to participate in any Benefits, you do so at your own risk.  Company assumes no liability whatsoever for your participation in any Benefits.  You may be required by Company to sign additional agreements to participate in Benefits.

By becoming a Professional Member, you agree to subscribe to newsletters, marketing or promotional materials and other information Company may send, which may include information about Benefits. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Section 3. Content Creation

From time to time, you may be offered opportunities to create Content (as defined below) with or for our Company to be distributed on our Site as well as promotion to our community through our social channels, newsletter and other forms of Company communication, which is done at Company’s discretion. Such content opportunities may include, but are not limited to, articles, videos, webinars, images, other editorial content, your biography, your profile image, online courses and live broadcasts of such content through the Site, embedded video players on the Site and third-party platforms such as Company’s social accounts, Crowdcast and other platforms that support live video and on-demand video distribution (collectively, the “Content”). If you elect to create said Content, you do so at your own risk. Further, you agree to make said Content available for use on and by the Site, you agree to transfer full ownership of said Content in its entirety to the Company in perpetuity.  The Company retains any and all rights to any Content you submit to be used or displayed on or through the Site including the right to modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Site as well as any third-party services, websites and products. The Company takes no responsibility and assumes no liability for Content posted on or through the Site.  You agree and acknowledge that to the best of your ability and knowledge, all Content provided to Company is accurate, correct, current and free of errors, which includes information and your contact information provided in your biography for your profile page.

You also grant company the ability to use your full name and likeness, including image, to promote the Content.

Further, you agree to indemnify and hold Company harmless against any claims that may arise from Company’s use of your Content and represent and warrant that you have the full legal authority to provide Company with said Content and that such Content is free and clear of any third-party claims and supplying Company with Content does not infringe on any rights of any third-party.

In addition, Content found on or through the Site are the property of Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Company.

Section 4.  Fraud Protection

As part of our Professional Membership processing procedures, we may screen received Professional Membership orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process a Professional Membership order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your Professional Membership subscription or we may contact you at the phone number or email address you provided to confirm your Professional Membership subscription. We also reserve the right to cancel any accounts or refuse to grant Professional Membership due to suspected fraud, unauthorized or illegal activity or any reason whatsoever. We take these measures to protect our Users as well as ourselves from fraud or other unauthorized or illegal activity.

Section 5.  Professional Membership Fees 

In order for you to join the Professional Membership Network, you will be required to sign up for a Professional Membership. The current annual membership fee is USD 295.00 (the “Professional Membership Fees”). The Company may change the Professional Membership Fees at any time in its sole discretion, including offering discounted or trial Professional Memberships. All Professional Membership Fees are paid in advance for the annual Professional Membership term, which is one (1) year (the “Term”), and are non-refundable for the current Term. We do not warrant nor guarantee that you will receive any user referrals, clients or the ability to participate in any and all Benefits and Content offered by Company in exchange for your Professional Membership and Professional Membership Fee.  All user matches that you may or may not receive is at the sole discretion of our Site Users.  The Company reserves the right to refuse Professional Membership to any individual or entity who requests to join the Professional Membership Network.

Section 6. Licenses/Qualifications

If you are an attorney, you must be a member in good standing of the state bar(s) to which you are admitted to practice law to sign up for Professional Membership, and by signing up for and purchasing a Professional Membership, you certify and warrant that you are a member in good standing of the state bar(s) to which you are admitted and do not have any current pending (now or at any point in the future) or prior malpractice claims or lawsuits.

If you are a doctor, you must be duly licensed in the state in which you practice and in good standing with your state’s medical board, and by signing up for and purchasing a Professional Membership, you certify and warrant that you are licensed to practice and do not have any current pending (now or at any point in the future) or prior malpractice claims or lawsuits.

If you are a financial professional, you certify that you have obtained one or more of the following certifications: Chartered Financial Analyst; Certified Public Accountant; Financial Risk Manager; Certified Financial Planner; Financial Modeling; Certified Credit Professional; Certified Management Accountant; Chartered Global Management Accountant; Certified Information Systems Auditor, Certified Internal Auditor; or equivalent certification. By signing up for and purchasing a Professional Membership, you certify and warrant that you do not have any current pending (now or at any point in the future) or prior malpractice claims or lawsuits.

All Professional Members must be in good standing with their applicable governing body and must not have any current pending (now or at any point in the future) or prior malpractice claims or lawsuits. Any claim to certification of any kind must be current and accurate.

Failure to comply with the terms of this Section will result in termination of your membership.

ANNUAL MEMBERSHIPS:

AUTOMATIC ANNUAL RENEWAL TERMS: All Professional Memberships renew automatically for one (1) year periods until you cancel. By purchasing a Professional Membership, you agree and acknowledge that your Professional Membership has an initial pre-payment feature for one full year of Professional Membership and a recurring annual Professional Membership Fee at the then-current annual Professional Membership Fee rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by the Company after the expiration date of your payment card.

OTHER MEMBERSHIPS: From time to time the Company may offer you a Professional Membership for a period less than one year. These Professional Memberships renew automatically for one (1) year periods until you cancel. By not opting out of these shorter Professional Membership offers, you agree and acknowledge that your Professional Membership has an initial pre-payment feature for the term of Professional Membership identified in the email offer or other offer and a recurring annual Professional Membership Fee at the then-current annual Professional Membership Fee rate. You accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by the Company after the expiration date of your payment card.

CANCELLATION POLICY FOR MEMBERSHIPS: You may cancel your Professional Membership at any time by contacting us at contact@wmnlegal.com. Upon cancellation, you will not be charged for any renewal periods and your Professional Membership will not continue past the then current period. However, all Professional Membership Fees paid prior to termination of your Professional Membership are non-refundable and you shall be responsible for any charges to your chosen payment method for the Professional Membership prior to your cancellation.

Section 7.  Accuracy, Completeness, and Timeliness of Information

The Company is not responsible if information made available on the Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

All descriptions, images, references, features, content and prices of Professional Membership Fees described or depicted on the Site are subject to change at any time without notice. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

Section 8.  Modifications to the Professional Membership Fees 

Prices for the Professional Membership Fees are subject to change and we will attempt to provide you with notice of such change in a commercially reasonable manner.  We reserve the right at any time to modify or discontinue the Professional Membership and therefore terminate the Professional Membership Network without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Professional Membership Network and/or Professional Membership.  We reserve the right at any time to modify Section 1 and Section 2 herein and will use commercially reasonable efforts to inform you of any modifications or updates to Section 1 and Section 2.

Section 9.  Accuracy of Billing and Account Information

When you sign up for and purchase a Professional Membership (each such purchase, a “Transaction”), you agree to provide current, complete and accurate purchase and account information for all purchases made on our Site and any third-party billing platform used by the Company to process the Transaction. You agree to promptly update your account and other information, including your email address and credit card account information, expiration dates and shipping address, so that we can complete your Transactions and contact you as needed

You may only have one Professional Membership account per individual professional practitioner.  You may not sign up for a Professional Membership account on behalf of your law firm, institution or company if that law firm, institution or company employs multiple professional practitioners. We shall have the sole discretion to determine if you have created more than one Professional Membership per practitioner and if we determine that you have done so, we reserve the right to cancel your Professional Membership and modify any orders that you have placed.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel Professional Memberships purchased per individual.

In the event that we make a change to or cancel a Professional Membership, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant to the Company the right to provide such information to third parties solely for the purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

You agree that by placing an order on the Site and/or third-party billing platform used by the Company to process the Transaction and agreeing to these TOS, you are entering into a binding contract with the Company and agree to pay all charges that may be incurred by you or on your behalf through the Site and/or third-party billing platform, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your Transactions. 

Section 10.  Denial of Professional Membership Based on User Comments, Feedback and other Submissions

The Company reserves the right to deny or cancel Professional Membership and Professional Membership renewals based on feedback, comments and submissions provided to Company by our Users, including any Users that may or may not have become your clients.  The Company will not provide to you any specific User feedback, comments or submissions from our Users; however, Company will use commercially reasonable efforts, but is not required, to discuss any concerns and possible remedies with you prior to termination of your Professional Membership.

Section 11. Trademarks

WMN Legal, WMN / WRK, WMN Doctor, and WMN Finance are trademarks of Women’s Membership Network LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “WMN Legal,” “WMN / WRK,” “WMN Doctor,” or “WMN Finance” without our prior written permission. In addition, the look and feel of the Site, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of WMN Legal, WMN / WRK , WMN Doctor, WMN Finance, and Women’s Membership Network LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. 

Section 12.  Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy. Personal information that is provided to any third-party sites to process Transactions shall be governed by the Privacy Policies of those third party sites. 

Section 13.  Disclaimer: No Professional Advice

Any content or information on the Site is for informational purposes only and not intended to be a substitute for professional advice.  Please refer to our Terms of Use for additional information on Site content.

Section 14.  Taxes 

Your total price will include the price of the Professional Membership Fee plus any applicable sales tax based on the sales tax rate in effect at the time you purchase your Professional Membership.

Section 15.  Prohibited Uses

In addition to other prohibitions as set forth in these TOS and the Site Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet; or (l) in a manner inconsistent with, or in violation of, these TOS. We reserve the right to terminate your Professional Membership for violating any of the prohibited uses. 

Section 16.  Intellectual Property

The Site and its original content, features and functionality are and will remain the exclusive property of Women’s Membership Network LLC and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Women’s Membership Network LLC. 

Section 17.  Disclaimer of Warranties; Limitation of Liability

THE SITE AND ALL CONTENT AND PROFESSIONAL MEMBERSHIP ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SITE OR PROFESSIONAL MEMBERSHIP, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PROFESSIONAL MEMBERSHIP WILL RESULT IN USER REFERRALS MATCHES, CLIENTS AND/OR ACCESS TO ALL BENEFITS.  TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WOMEN’S MEMBERSHIP NETWORK LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER INCLUDING ANY SUCH DAMAGES ARISING OUT OF YOUR ENGAGEMENT WITH USER MATCHES AND/OR CLIENTS. 

Section 18.  Indemnification

You agree to defend, indemnify and hold harmless Women’s Membership Network LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, legal malpractice actions, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Professional Membership, by you or any person using your account and password; b) your use and access of the Site; c) your breach of these TOS; d) any relationship, contract, engagement or agreement between you and User referral matches and/or clients or e) any Content provided by You, including but not limited to, Content that pertains to your biography, education, background, professional qualifications, professional experience and expertise and contact information.

Section 19.  Assignment

You may not assign, delegate or transfer these TOS or your rights or obligations hereunder, or your Professional Membership account, in any way (by operation of law or otherwise) without the Company’s prior written consent.  We may transfer, assign, or delegate these TOS, Site Terms of Use and our Privacy Policy, along with our rights and obligations herein, and thereto without consent.

Section 20.  Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  Professional Membership termination may result in destruction of any content associated with your account, so keep that in mind before you decide to terminate your Professional Membership.

If in our sole judgment you fail to comply with any term or provision of these TOS, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Professional Membership (or any part thereof).

Further grounds for termination without notice include, but are not limited to, the following: disbarment in one or more states to which you were admitted to practice; failure to meet the standards of an attorney in good standing in the state(s) where you are admitted to practice; or any sanctions, suspensions, probation, or discipline on, against, or relating to your practice in any state.

Section 21.  Dispute Resolution and Arbitration

By agreeing to these TOS, you agree that any and all disputes arising pursuant to the Professional Membership, the Site or any other dispute which relates in any manner whatsoever to this Agreement which cannot be resolved in a reasonable time by discussions shall be submitted to arbitration in Los Angeles, California before a sole arbitrator (the “Arbitrator”) selected from Judicial Arbitration and Mediation Services, Inc., Los Angeles, California, or its successor (“JAMS”), or if JAMS is no longer able to supply the arbitrator, such arbitrator shall be selected from the American Arbitration Association, and shall be conducted in accordance with the rules and procedures of JAMS. JAMS is the exclusive forum for the resolution of such dispute; provided, however, that provisional injunctive relief may, but need not, be sought by either Party in a court of law while arbitration proceedings are pending, and any provisional injunctive relief granted by such court shall remain effective until the matter is finally determined by the Arbitrator.  Final resolution of any dispute through arbitration may include any remedy or relief which the Arbitrator deems just and equitable, including any and all remedies provided by applicable state or federal statutes. 

At the conclusion of the arbitration, the Arbitrator shall issue a written decision that sets forth the essential findings and conclusions upon which the Arbitrator’s award or decision is based.  Any award or relief granted by the Arbitrator hereunder shall be final and binding on the Parties hereto and may be enforced by any court of competent jurisdiction.  You hereby acknowledge and agree that you are hereby waiving any rights to trial by jury in any action, proceeding or counterclaim brought by either of the Parties against the other in connection with any matter whatsoever arising out of or in any way connected with this Agreement.

Section 22.  Choice of Law and Venue

These TOS shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these TOS will not be considered a waiver of those rights. If any provision of these TOS is held to be invalid or unenforceable by a court, the remaining provisions of these TOS will remain in effect. These TOS constitute the entire agreement between us regarding the Professional Membership and Professional Membership Network, and supersede and replace any prior agreements we might have had between us regarding the Professional Membership and Professional Membership Network.

Section 23.  Miscellaneous

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  If any provision of these TOS is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these TOS shall otherwise remain in full force and effect and enforceable.  You and the Company agree that these TOS are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these TOS, and that all modifications to these TOS must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these TOS and you do not have any authority of any kind to bind the Company in any respect whatsoever.  You and the Company agree there are no third-party beneficiaries intended under these TOS.

Section 24.  Contact Us

If you have any questions about these TOS, please contact us.