Terms of Use
These Terms of Use (these "Terms") are a binding agreement between you and empowHER Commerce LLC, doing business as HER In Focus ("HER In Focus," "we," "us," or "our"), governing your access to and use of the website located at joinherinfocus.com (the "Website"), the HER In Focus membership community hosted on our third-party platform, Circle (the "Community" or "Portal"), and any related content, events, and services we make available (collectively, the "Services").
1. Acceptance of the Terms of Use
By accessing or using the Services, applying for membership, or clicking "I Agree" (or similar) at sign-up, you accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Services.
If you are accessing the Services on behalf of a company or other entity, you represent that you have the authority to bind that entity, and "you" refers to both you and that entity.
2. Changes to These Terms
We may revise these Terms at any time. Material changes will be reflected by updating the Effective Date above and, where required by law or where changes materially affect your membership rights, by direct notice (such as email). Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
3. Eligibility
The Services are intended for professional use by women founders and operators of e-commerce and digital businesses who are at least 18 years old. By using the Services, you represent that you meet this requirement and have the authority to enter into these Terms. The Services are not directed to, and we do not knowingly collect personal information from, anyone under 18.
4. Accessing the Services; Account Security
- Website access. We may withdraw or amend the Website, and any content we provide, in our sole discretion and without notice.
- Membership accounts. Certain areas require an account created through our application and onboarding process and hosted on Circle. You must provide accurate, current, and complete information and keep it up to date.
- Credentials. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at [hello@joinherinfocus.com] of any unauthorized use.
- We may disable any account, at any time, if in our reasonable judgment you have violated these Terms.
5. The HER In Focus Membership Program
- Application-based membership. Membership is by application and is granted at our discretion. We may decline or revoke an application for any lawful reason.
- Membership tiers. We currently offer Professional and Founder membership tiers, each with the benefits, access, and pricing described on the Website or within the Portal at the time of enrollment. We may add, modify, or discontinue tiers and benefits at any time, effective on notice.
- Hosted on Circle. The Community and member Portal are hosted using Circle, a third-party community platform operated by CircleCo, Inc. ("Circle"). Your use of the Portal is also subject to Circle's own terms of service and acceptable use policies, available at circle.so. We are not responsible for Circle's platform availability, features, or acts or omissions, except as required by law.
- Fees and billing. Membership fees are billed on a recurring basis (monthly or annually, as selected at enrollment) and are charged automatically to your payment method through Circle's integrated payment processor until you cancel. Fees are listed in U.S. dollars unless stated otherwise and are exclusive of applicable taxes, which may be added at checkout.
- Auto-renewal; no refunds. Your membership automatically renews at the end of each billing period unless you cancel before the renewal date. Except where required by law, all fees are non-refundable, including for partial billing periods, unused access, or early cancellation.
- Cancellation. You may cancel at any time through your account settings in the Portal or by emailing [hello@joinherinfocus.com]. Cancellation takes effect at the end of your current billing period; you will retain access through that date.
- Founding member / promotional pricing. Any founding-member, waitlist, or promotional pricing is offered at our discretion, may be limited in duration or eligibility, and does not guarantee future pricing, tier equivalence, or benefits.
- Price changes. We may change membership pricing prospectively, with notice before your next renewal.
6. Community Guidelines and Member Conduct
The Community exists to support genuine connection and professional exchange among members. You agree to engage respectfully and in good faith. In connection with the Services, you will not:
- harass, demean, threaten, or discriminate against any person;
- impersonate any person or misrepresent your affiliation;
- solicit members for unrelated products, services, MLMs, or investment schemes without our prior written consent;
- share another member's contact information, posts, or the contents of any HER In Focus space outside the Community without that member's consent;
- post false, misleading, defamatory, obscene, or unlawful content;
- upload viruses or attempt to interfere with the Services' operation or security;
- or violate any applicable law.
Job board. Our curated job board ("Find Your Next Role" or similarly named features) surfaces third-party job postings for informational purposes only. We do not employ, endorse, vet, or guarantee any posting, employer, or candidate, and we are not a party to any resulting employment relationship.
Enforcement. We may remove content, and suspend or terminate membership, for violations of this Section, in our discretion and without refund.
7. Intellectual Property Rights
The Services and all content on them — including text, graphics, logos, the HER In Focus name and mark, the empowHER mark, playbooks, templates, guides, and design — are owned by us or our licensors and are protected by copyright, trademark, and other laws. You may access and use this content for your own personal, non-commercial professional development only. You may not reproduce, distribute, publicly display, sell, license, or create derivative works from any Services content without our prior written consent.
8. Trademarks
"HER In Focus," "empowHER," our logos, and other marks used on the Services are trademarks or trade names of empowHER Commerce LLC. You may not use these marks without our prior written permission.
9. User Contributions
Any content you post, upload, or submit within the Community, on the Website, or to us directly (profile information, comments, posts, testimonials, event feedback, etc.) ("User Contributions") remains yours, but you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, and distribute your User Contributions in connection with operating and promoting the Services. You represent that you own or have the rights to submit your User Contributions and that they do not violate any third party's rights or these Terms.
10. Monitoring and Enforcement; Termination
We may, but are not obligated to, monitor the Community and Website. We may remove or refuse any content, and suspend or terminate your access to the Services, at any time and without notice, for any violation of these Terms or for any other reason in our discretion, including non-payment. Sections that by their nature should survive termination (including Sections 7 through 9, 11, and 15 through 22) will survive.
11. Reliance on Information Posted
Content available through the Services — including member posts, job postings, event information, playbooks, and any business, financial, or career guidance — is provided for general informational purposes only and does not constitute professional, legal, financial, or business advice. Any reliance on such content is at your own risk. We disclaim all liability for actions taken based on content posted by us, our partners, or other members.
12. Third-Party Services and Links
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The Services rely on and may link to third-party services we do not control, including our membership platform (Circle), payment processor, event registration and application tools, email and communication platforms, and sponsor or partner websites. We are not responsible for the content, policies, or practices of any third-party service, and your use of them is governed by their own terms.
13. Events
From time to time we host or curate in-person or virtual events, summits, and experiences. Unless stated otherwise for a specific event: attendance is at your own risk; we are not responsible for the acts or omissions of venues, vendors, sponsors, or other attendees; and travel, lodging, and related costs are your responsibility. Event-specific terms, if any, will be provided at registration and are incorporated into these Terms for that event.
14. International Members; Geographic Availability
HER In Focus is a global community. While we welcome members worldwide, we make no representation that the Services are appropriate or available in every location, and access from jurisdictions where the Services' content is illegal or unauthorized is prohibited. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local law.
15. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND WITHOUT ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT WARRANT ANY OUTCOME, INTRODUCTION, BUSINESS RESULT, OR OPPORTUNITY ARISING FROM YOUR MEMBERSHIP.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, HER IN FOCUS, ITS OWNERS, OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE.
17. Indemnification
You agree to defend, indemnify, and hold harmless HER In Focus and its owners, officers, employees, and contractors from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your User Contributions, or your use of the Services.
18. Governing Law and Jurisdiction
These Terms and any dispute arising from them are governed by the laws of the State of New York, without regard to conflict-of-laws principles. Subject to Section 19 (Dispute Resolution), you agree that any legal action not subject to arbitration will be brought exclusively in the state or federal courts located in New York, New York, and you consent to that jurisdiction and venue.
19. Dispute Resolution; Arbitration Agreement; Class Action Waiver
- Agreement to arbitrate. You and HER In Focus agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer or Commercial Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court.
- Class action waiver. You and HER In Focus agree that disputes will be resolved only on an individual basis, and each waives any right to bring or participate in a class, collective, or representative action.
- Opt-out. You may opt out of this arbitration agreement by emailing [hello@joinherinfocus] within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration.
- Severability of this section. If the class action waiver is found unenforceable, the remainder of this Section 19 will not apply to that dispute, and it will instead be resolved in the courts identified in Section 18.
20. Time Limit on Claims
Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim arose, or it is permanently barred.
21. Waiver and Severability
Our failure to enforce any provision of these Terms is not a waiver of that or any other provision. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
22. Entire Agreement
These Terms, together with our Privacy Policy and any tier- or event-specific terms presented to you, constitute the entire agreement between you and HER In Focus regarding the Services and supersede any prior agreements.
23. Contact Us
Questions about these Terms can be sent to [hello@joinherinfocus.com].
