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Welcome to the Lesbians Who Tech website (the “Website” or the “Site”).  While we want you to enjoy the experience of visiting and using our Website, we also want you to understand the terms to which you agree when visiting the Website.  References to “we,” “our,” “us” or “Lesbians Who Tech” herein refer to Start Somewhere, LLC., a Delaware corporation, and our service providers and designees as deemed appropriate by us.

COMPLIANCE WITH TERMS

By accessing this Website, you are agreeing to these Terms of Use, our Privacy Policy and any other legal notices, terms and policies made available on this Website (together referred to as “Terms”), all of which are expressly incorporated herein by this reference.   You agree to use the Website only in accordance with the Terms, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Registered User” (which means you have registered with us for the Website). The term “User” means a “Visitor” or a “Registered User.”  Please read and save all of the Terms. If you do not agree with the Terms, do not use this Website or any of its features.

This Site is available only to Users who can form legally binding contracts under applicable law. By using this Site, the App or the Services, you represent and warrant that you are at least sixteen (16) years of age.

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or Personal information, as described below) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

AMENDMENT

We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Website.  Each time you use the Website you should visit and review the then current Terms that apply to your transactions and use of this Website. Your continued use of the Website after we have posted revised Terms signifies your acceptance of such revised Terms.  If you are dissatisfied with the Website, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Website. The Terms are the entire agreement between you and Lesbians Who Tech with respect to your use of the Website.

TERMS

The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Website features or are a Registered User.  We may terminate your account or these Terms at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your account is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Website as a Registered User will terminate.

YOUR USE OF THE WEBSITE

Users have a non-transferable, non-exclusive license to access this Website, to view information contained at this Website and to interact with the Website solely for their own personal use and not for any commercial purpose.  You agree not to use the Website for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Website or any portion thereof or use it in any manner not expressly authorized by the Terms.  You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Website. Tampering with the Website, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Website are prohibited.

ELECTRONIC COMMUNICATIONS

Registering as a User or sending emails to Lesbians Who Tech constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Lesbians Who Tech respects the intellectual property of others, and requires that our Users do the same.  You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  We reserve the right to terminate the account of anyone we suspect to be an infringer. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Lesbians Who Tech with the following information:

Attn:    Lesbians Who Tech Copyright Agent Mail:    Lesbians Who Tech, ADDRESS Email: copyright@lesbianswhotech.org

DISCLAIMERS

Lesbians Who Tech is not responsible for and makes no warranties, express or implied, as to any content on the Website, including, without limitation with respect to the accuracy and reliability of the Lesbians Who Tech Content or other Content posted on or through the Website, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Website, or otherwise.  Lesbians Who Tech is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Lesbians Who Tech. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Lesbians Who Tech. When you access these third party sites, you do so at your own risk.   Lesbians Who Tech takes no responsibility for third party advertisements or third party applications that are posted on or through the Website, nor does it take any responsibility for the goods or services provided by its advertisers. Lesbians Who Tech is not responsible for the conduct, whether online or offline, of any User of the Website. Lesbians Who Tech assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Registered User communication.  Lesbians Who Tech is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website. Under no circumstances shall Lesbians Who Tech be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or from the conduct of any Users, whether online or offline.  Additionally, Lesbians Who Tech shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Website. We will not be liable to you if you are unable to access information through the Website. Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you. The Website is provided to Users “AS-IS” and as available and Lesbians Who Tech expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Lesbians Who Tech cannot guarantee and does not promise any specific results from use of the Website.

LIMITATIONS OF OUR LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

INDEMNIFICATION

You agree to indemnify and hold Lesbians Who Tech, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Website in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post.

MISCELLANEOUS

The Terms will be construed, and their performance enforced, under the laws of Oregon without reference to choice of law principles.  Any dispute relating to the Terms or the Website may be litigated only in a court having jurisdiction and venue in Multnomah County for state court causes of action and in the District of Oregon for federal court causes of action.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS. The Terms are accepted upon your use of the Website or any of its features and is further affirmed upon you becoming a Registered User (if applicable).  The Terms constitute the entire agreement between you and Lesbians Who Tech regarding the use of Website and its services and features. The failure of Lesbians Who Tech to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

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