TERMS OF USE

Please read these terms of use carefully before using the services offered by Women Powered Brands. These terms of use set forth the legally binding terms and conditions for your use of our website.

Women Powered Brands is an online platform facilitator (hereinafter “Women Powered Brands”, “we” or us”), providing a platform that enables users (hereinafter singular “User” and plural “Users”) to browse and search, companies and brands that are women-owned or women-made via the website.

Our address is P.O. Box 24, Piermont NY 10968, United States, and the platform is owned by Women of the Vine & Spirits. Women Powered Brands can be contacted at [email protected]

These general terms and conditions (hereafter referred to as “Terms”) apply between Women Powered Brands and the User for all use of our website, WomenPoweredBrands.com (hereinafter “Web”). By using the functionalities of Women Powered Brands Web and/or App (hereinafter collectively called the “Platform”) the User agrees with the terms and conditions described in these Terms for using our Platform as described herein, and as may be amended from time to time by us. If you do not agree with the Terms, you may not use our Platform.

Last Updated: June 2022

1. Scope of Terms   Women Powered Brands has created a Platform that enables Users to browse and search for companies and brands that are women-owned, women-led, or women-made. In order to use our Platform, the User must fill out a form and create a profile. When registering via our online Platform, the User provides us with certain information, including email, password, username, name, company, company title. Upon approval of access by Women Powered Brands, Users submitted to the Platform will then be able to browse and search for women-owned, women-led or women-made brands based on criteria provided by the User. By accepting these Terms, the User acknowledges that he has read, understood and accepted to be bound by all other related terms and agreements with Women Powered Brands, such as our Privacy Policy.

The Platform is intended for use by adults of legal drinking age in the jurisdiction in which you reside. If we receive notice or reasonably believe that someone under the legal drinking age has provided us with personal information, we will promptly delete the account and all personal information that has been provided to us.

2. Women Powered Brands as Platform provider   Women Powered Brands is only providing the Platform as a service to enable Users to search and browse companies and brands with women owners, women leaders and/or women makers. Women Powered Brands does not undertake any background check or qualification and no approval procedure, system or process towards the Users and/or the content of the Platform. Any company/brand that has downloaded information on the Platform has represented that after reasonable inquiry, the information is true, accurate and complete. In no event shall Women Powered Brands be liable (directly or indirectly) for any losses and damages resulting from communications between Users and with such companies/brands or, on reliance on any information posted to the Platform.

3. Certain Restrictions   The rights granted to you in these terms of use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Platform or any portion of Platform, including the Web, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Platform (including images, text, page layout or form) of Women Powered Brands; (c) you shall not use any metatags or other “hidden text” using Women Powered Brands name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Web (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Web for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Platform in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Platform. Any future release, update or other addition to Platform shall be subject to these terms of use. Women Powered Brands, its suppliers and service providers reserve all rights not granted in these terms of use. Any unauthorized use of the Platform terminates the licenses granted by Women Powered Brands pursuant to these terms of use.

4. The User’s obligations   The User must at all times: Provide Women Powered Brands with correct account information of name, company, title and email address, etc. Respect and comply with these Terms. Avoid posting personal data concerning itself or other, including especially special categories of data (such as information about a person’s health, addictions or allergies) or transmitting any content that is offensive, inappropriate or illegal, or otherwise in conflict with these Terms. Avoid posting any content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). Failure to comply with the above may result in our deactivation of User account and/or banishment from the Platform and/or the functionalities with any notice or without notice at the sole discretion of Women Powered Brands.

Using the Platform, the App or some of the functionalities may be prohibited or restricted in certain countries. The User is responsible for complying with the laws and regulations of the territory from which the Platform is accessed or used.

5. Platform functionalities   In order to gain access to the functionalities of the Platform, the User has to sign up and register as a User of the Platform.The User is solely responsible for any content made available on the Platform and the public. The User solely is responsible for all interactions with other Users or other third-party vendors in connection with the Platform.

6. Women Powered Brands Warranty  We do not provide any warranty unless specific and expressly stated.Third-party terms may include applicable disclaimers. Women Powered Brands underlines that it offers no warranty, explicit or implied, regarding accuracy of any reviews or information regarding the brands and products. The Platform and all of its functionalities are provided to the User “as is”. Women Powered Brands shall not be liable for any loss of data, revenue loss, edition sales, or other indirect loss resulting from the use of, or reliance on, the Platform or Web.

7. Liability limitation   Except to the extent caused by the gross negligence or willful misconduct of Women Powered Brands, Users do hereby waive, discharge, release and agree not to make or bring any claim of any kind against Women Powered Brands, its members, officers, agents, directors or employees from and for any and all liability, loss, damage, costs, claims and/or causes of action arising out of use of the Platform or Web. In no event will we be liable to the Users for any special, consequential or incidental, damages however caused and on any theory of liability and whether or not any such User has been advised of the possibility of such damage.No member, officer, agent, director, or employee of Women Powered Brands shall be charged personally or held contractually liable by or to any other person under the terms or provisions of the Terms and Conditions or because of any breach thereof. The limitations and exclusions in this section(Liability limitation) apply to the maximum extent permitted by applicable law.

8. Duration and Termination   These Terms are in force for as long as the Users account is active. Women Powered Brands is entitled to terminate a user account immediately if the User violates the regulations of these Terms. Women Powered Brands rights to user content shall not be affected by the termination of the Terms or a user account. Termination of a user account does not relieve you from any obligation under any other agreement that has not been specifically terminated, such as the Terms or Privacy Policy.

9. Changes   These Terms may from time to time be amended at Women Powered Brands sole discretion, followed by a notification to the Users. Users are bound by any changes to the Terms when using the Platform after changes have been posted. An updated version of the Terms will at all-time be available at Women Powered Brands.

10. Miscellaneous   If a clause in the Terms is not enforceable, the unenforceability of that clause will not affect any other sections of the Terms.

11. Law and venue   These Terms and any disputes arising hereof, or other disputes or claims arising out of or in connection with the use of the Platform shall be settled in accordance with New York state law.

 

 

PRIVACY POLICY

Women Powered Brands (“WPB”) has developed this Privacy Policy statement (“Privacy Policy”) to assist visitors to or end users of (referenced herein with “you” or “your” or generally, as a “user”) http://www.womenpoweredbrands.com and websites owned and operated by WPB or the mobile and social media versions thereof (referenced collectively herein as the “Site”) in understanding the personally identifiable information (“PII”) collection and use practices for the Site. PII, as such term is used herein, includes information that can identify a specific individual, such as, without limitation, a name, address, phone number, or email address. Please review this Privacy Policy before using or submitting PII to the Site. If you do not agree with the Privacy Policy, do not use the Site.

Information We Collect

THE TYPES OF DATA COLLECTED BY WPB WILL VARY WITH YOUR PARTICULAR USE OF THE SITE. Below, WPB provides specific examples of the type(s) of PII WPB may collect through the Site.

Contact Information: WPB may require you to provide certain contact information, such as, without limitation, your name, date of birth, phone number, mailing address, and email address.

Demographic and Survey Information: WPB may collect demographic and general profile data (e.g., educational, professional, and geographic information).

Financial Information: WPB may collect credit or debit card information.

Transactional Information: WPB may create and maintain a database of aggregated information about the transactions that occur on the Site (e.g., tool or feature (and related database) utilization and activity, navigation, exit page tracking, or content selection data).

Technical Information: WPB may also collect Internet Protocol (IP) addresses or a unique identifier for a mobile device from users of the Site as well as the date and time of access and the Web page(s) accessed. WPB may also catalog the type of computer, browser, or operating system used by you.

Use of Information

WPB may use PII collected from the Site to operate the Site, provide, and/or enhance certain of its features, tools, and functionality, and to otherwise provide and improve the quality of the Site. Below please find additional information on how WPB may use PII collected from the Site.

Contact Information: WPB may use your contact information in connection with the provision of its materials, services, and content, to enable you to order services, to participate in any activities, events, and programs, and/or to make available the Site. WPB may also use your contact information to (i) advertise its events, programs, services or software solutions, including through WPB direct mail efforts, (ii) create a personalized experience for you when using the Site, (iii) provide you with news, materials, and information, (iv) assist with security or fraud prevention or response measures, (v) facilitate a website feature or tool that requires user input, (vi) to get in touch with you with respect to any (a) transactions conducted through the Site, such as membership, ordering a service, registering for an event (or program), or ordering materials, (b) support or question you bring to WPB’s attention, (c) material changes made by WPB to the Site’s policies and/or agreements, or (d) new programs, events, products, services or software solutions offered by WPB, or (vii) for any other lawful purposes as determined by WPB in its sole discretion.

We also may share your contact information with third parties including, without limitation, WPB’ vendors, members, or business partners to (i) facilitate or implement the foregoing, (ii) advertise the services or activities of others (iii) provide, improve, or advise you of WPB’ programs, events, volunteer opportunities, products, services, or software solutions, (iv) process payments or order fulfillment, or (v) allow for online registration for programs, events, or services, the online provision of software applications, and/or for other internal business purposes.

In addition, WPB may (x) supplement the PII collected from you with information about you obtained from other sources, such as, without limitation, from WPB’ vendors, members, or business partners, or (y) engage in cross-border transfers of PII in order to provide or enhance WPB’ ability to provide or advertise WPB’ programs, events, products, services or software solutions and/or the programs, events, products, services, or software solutions of others.

Demographic and Survey Information: WPB may use demographic information for marketing, administrative, management, and monitoring purposes in order to continue to provide or improve the Site. In addition, WPB may share survey results and aggregated demographic

data collected through the Site with its vendors, members, business partners, the general public, the news media, and with the U.S. Government and state governments, not only as may be required by law, but also for advertising purposes, for release to third parties, and to participate in government programs and initiatives. But, such survey or aggregated information will not identify any particular user.

Financial Information: WPB will use financial information to facilitate the order of a service or other identified transaction

Transactional Information: WPB may use transactional information for marketing, administrative, and support purposes in order to provide or improve any software solutions, programs, events, products or services that WPB may offer. In addition, WPB may also share such transactional data on an aggregated basis (which will not identify any particular user) with or to third parties, including, without limitation, vendors, advertisers, or business partners.

Technical Information: WPB may use technical information, such as your IP address or browser type, to help diagnose problems with WPB servers, analyze Site usage trends, track user movements on the Site, and to otherwise improve, manage, and monitor the Site.

Business Transactions: In the event that WPB goes through a business transaction, such as a bankruptcy event, merger, investment transaction, or acquisition by another entity involving the sale of all or a portion of its assets, please note that the PII collected and retained by WPB may be among the assets transferred or reviewed.

Legal Action

WPB may disclose PII when legally required to do so in accordance with subpoenas, government requests or regulations, or legal proceedings. WPB may also disclose PII to protect against misuse or unauthorized use of the Site or as is otherwise required to limit legal liability, protect or defend WPB’ rights, property, or interests, or protect the safety, rights, or property of others.

Cookies and Similar Technologies

WPB or its vendors may use cookies and/or other similar data collection or tracking techniques to enhance and/or monitor your experience while using the Site. Cookies and other related techniques are generally pieces of information, which WPB uses for record-keeping purposes and which the Site may transfer to WPB and/or your computer’s Web browser for storage on WPB’ server(s) or your computer’s hard drive. Cookies and other related techniques enable WPB to manage and/or customize your experience on the Site, including available advertisements. Cookies and other related techniques also make Web-surfing or Site review easier by automatically performing certain functions such as saving your personal preferences and by providing targeted content. Many consider the use of cookies or similar data collection to be industry standard practices. Consequently, your Web browser is likely set to accept cookies or allow other identifiers. If you would prefer not to receive cookies or allow identifiers, however, you can alter the configuration of your browser to refuse cookies or surf anonymously. If you

choose to have your browser refuse cookies or surf anonymously, you should understand that it is possible that some areas of the Site will not function properly or as quickly.

Links to Third Party Sites

To the extent hyperlinks or gateways are utilized to access external or third party sites (not controlled, owned, or operated by WPB), you should be aware that these external or third party sites may collect PII and are not subject to this Privacy Policy. This Privacy Policy applies only to the Site. WPB suggests that you check the privacy policies of other Web sites to determine how the proprietors of these third party sites will utilize your PII.

Social Media

This Site may include social media features. These features may collect information from you, such as which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it. Please see below for more information on advertising activities on our Site.

Analytics

Google Analytics service is installed on the Site. Information about data that Google Analytics collects is available here.

Data Security

WPB maintains data security measures for the Site to protect the PII under its control against unauthorized access and disclosure. These measures include the implementation of reasonable technical, physical and administrative data security safeguards. More sensitive information, namely, your credit or debit card number, are encrypted and protected with the encryption software SSL when transmitted to WPB. Credit card information is not stored or re-used. WPB also requires that the vendors WPB engages with respect to the Site (and use of the PII) employ reasonable safeguards when carrying out their services on WPB behalf.

Opt-Out

The collection, use, and sharing of your PII may be necessary for WPB to provide certain features, programs, events, resources, products, services and software solutions made available on the Site, and to operate and/or improve the Site. However, under other circumstances, you can decide if you wish to provide your PII to WPB or opt-out of doing so. Specifically, users may opt-out of including the PII they provide to WPB in connection with the following activities: (i) email communications, newsletters, or postal or facsimile communications sent by WPB, and (ii) sharing arrangements with WPB’ vendors or business partners to facilitate communication or advertising. WPB also recommends review of your browser settings to determine if additional opt-outs are available.

You can manage your profile, personal information, and e-mail preferences, including opting out of e-mail, and request your personal information be deleted, by contacting us. Alternatively, you can make changes directly to your personal information, and e-mail preferences, including opting out of e-mail, by logging in to your account and making the changes yourself.

What about Children?

WPB cares about the safety of children on its Site and encourages parents and guardians to monitor their children’s use of the Internet. Although the Site is suitable for a general audience, the Site is intended for use only by users who are over the legal drinking age in their country of residence. Accordingly, WPB does not knowingly solicit PII from children or send them requests for personal information. If you become aware that your child has provided PII to WPB, please contact WPB immediately so that such information can be deleted and WPB otherwise discontinues any further services provided to such child.

What about Governing Law?

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. If you are located outside of the United States when you use the Site, any information you submit thereto will be transferred to the United States. Accordingly, by using the Site and submitting PII thereto, you therefore authorize the transfer of your PII to the United States. If any part of this Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision or part will be deemed suspended by a valid, enforceable provision that most closely matches the intent of the original provision or part and the remainder of this Privacy Policy shall continue in full force and effect.

Changes in WPB’s Privacy Policy

WPB reserves the right in its sole discretion to change this Privacy Policy from time to time. If WPB makes changes to this Privacy Policy, WPB will post those changes at this location or otherwise provide you notice of any material changes. Please review this Privacy Policy on a periodic basis. If you do not agree with the Privacy Policy, do not use the Site.

Contact Us. If you have any questions about this Privacy Policy or wish to opt-out or have the PII under WPB’s control deleted or modified, you can contact Women Powered Brands at P.O. Box 24, Piermont, NY, USA 10968 or via email.

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