SESTRANOW, LLC’s WEBSITE AND $1K WEIGHT LOSS CHALLENGE TERMS AND CONDITIONS: DATED: JANUARY 27, 2021
PLEASE REVIEW THE ARBITRATION CLAUSE (IN SECTION 1) CAREFULLY, INCLUDING THE LIMITATIONS OF YOUR RIGHTS CONTAINED THEREIN. ALL DISPUTES REGARDING THIS AGREEMENT AND/OR YOUR USE OF SESTRANOW LLC’S WEBSITE AND/OR PARTICIPATION IN THE SESTRANOW LLC $1K WEIGHT LOSS CHALLENGE MUST BE RESOLVED VIA ARBITRATION. BY AGREEING TO THIS AGREEMENT, YOU ARE FORFEITING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR BE PART OF A CLASS ACTION CASE.
Your Agreement with SestraNow, LLC
These Terms & Conditions apply to your use of the website owned or operated by SestraNow LLC (“SestraNow”) and our affiliates (collectively, “we,” “us,” or “our”), including, without limitation, this website and any other website(s) that we may own or operate currently or in the future (collectively, our “Website” or the “SestraNow LLC Website”). For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning an interest in, owned by, or under common ownership control with SestraNow LLC.
By using this Website or participating in the SESTRANOW LLC $1K WEIGHT LOSS CHALLENGE or any other SestraNow, LLC programs, campaigns, challenges, events or activities (hereinafter these terms are interchangeable) you agree to be legally bound and to abide by these Terms & Conditions, just as if you had used a pen to physically affix your signature to these Terms & Conditions. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to suspend your access to this Website. If you do not abide by these Terms & Conditions, you agree that we may immediately terminate your access to our website, your account information and bar any further access to such information. Further, you agree that we shall not be liable to you or anyone for any termination of your access to our Website. From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific Content or Services (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific Content or Services and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.
- ARBITRATION CLAUSE
Except where prohibited by law, as a condition of (a) using this website and/or (b) participating in any SestraNow, LLC program you agree that: (1) any and all disputes and causes of action arising out of or connected with (a) this Agreement, including the breach, termination or validity thereof, and/or (b) the participant’s use of the website and/or (c) participant’s participation in one or more SestraNow, LLC programs, campaigns, challenges, events or activities (hereinafter these terms are interchangeable) or any prizes awarded in connection therewith, and/or (d) the relationship between the user and SestraNow, LLC, shall be resolved individually, without resort to any form of class action, and exclusively by a sole arbitrator in a binding, non-reviewable and non-appealable proceeding conducted in accordance with the rules of the American Arbitration Association (2) any such proceeding shall be held in Philadelphia, Pennsylvania, USA, and (3) the arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon such arbitration award may be entered in any court in Pennsylvania, USA. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives, to the extent permitted by law, all rights to claim statutory, punitive, incidental, invasion of privacy or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (to the extent there are any fees associated with registering for any of SestraNow LLC’s activities), and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of participants and SestraNow LLC, shall be governed by, and construed in accordance with, the substantive laws of the State of Pennsylvania, USA. To the extent any party may be entitled to seek the intervention of a court, THE EXCLUSIVE VENUES FOR ANY DISPUTE RELATING TO THIS AGREEMENT ARE THE STATE AND FEDERAL COURTS IN PENNSYLVANIA, USA. YOU AND SESTRANOW, LLC CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.
- Minors
CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO PARTICIPATE IN SESTRANOW, LLC’S CHALLENGES, EVENTS OR OTHER ACTIVITIES WITHOUT PARENTAL SUPERVISION AND/OR WRITTEN APPROVAL.
- SestraNow Is Not Providing Medical Advice
The SestraNow LLC Website is used for the sole purpose of facilitating the mission of SestraNow LLC as is defined only by the members of SestraNow LLC. The Website is also used to facilitate the SestraNow LLC $1K Weight Loss Challenge and other group activities and information and is intended only to help users in their personal weight loss and other efforts. SestraNow LLC is not a health clinic, hospital or medical institution of any kind, and no one at SestraNow LLC or the Website can give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. This Website is intended for use only by healthy adults. The Website, Content and Services are not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss program.
Use of SestraNow LLC does not create a doctor-patient relationship. Any and all Content or Services accessed through SestraNow LLC are for informational purposes only, and are not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects.
Content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition; or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment.
NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SESTRANOW WEBSITE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR DOCTOR IMMEDIATELY.
- Privacy
We are committed to protecting your privacy and security. For information, please review our Privacy Policy, which is incorporated by reference into these Terms & Conditions.
- $1K OR $1,000 SESTRANOW, LLC WEIGHT LOSS CHALLENGE SPECIFIC TERMS AND CONDITIONS
- The Weight Loss Challenge Start Date is Monday, February 15, 2021 and the completion date is Saturday, May 15, 2021.
- Only one Prize of $1,000 will be awarded for the Challenge regardless of the end result. One contestant will win the Challenge and be awarded $1,000 if the contestant satisfies the Challenge requirements.
- How is winner determined? The Sestranow LLC Weight Loss Challenge contestant that loses the most weight and loses more weight than SestraNow Founder Stephanie Montgomery wins the Sole Prize of $1000.00.
- The Challenge contestant that loses the most weight and loses more weight than Founder Stephanie Montgomery wins the Grand Prize of $1,000.
- If none of the registered contestants loses more weight than the Founder Stephanie Montgomery no prize will be awarded to any contestant.
- If there is a tie: If two or more confirmed contestants lose more weight than Founder Stephanie Montgomery and the weight loss is identical the prize money is split evenly among the winning contestants.
- Any contestant will be disqualified and ineligible to participate in the Challenge if Sestranow Administrators do not receive your weigh in video and completed registration form by Midnight on Saturday, February 13, 2021. SestraNow must receive the Contestants Final Weigh in Video and an e-mail stating the contestant’s final weight by Midnight Sunday, May 16, 2021. The weight indicated on the scale in the video submission and that in the e-mail must match. SestraNow’s e-mail is info@sestranow.com.
- A contestant is not officially entered into the Challenge if they do not receive an e-mail confirmation from SestraNow via its Sestranow.com e-mail address indicating their weigh in video and registration form was received and that they are officially a contestant.
- A contestant is not eligible to win the prize if SestraNow, LLC does not receive the required video and e-mail by Midnight Sunday, May 16, 2021.
- Website Content
- We authorize you to view, access and display the Website solely for your personal, non-commercial use in accordance with all applicable laws, provided that you fully comply with these Terms & Conditions and any other agreement you enter into with SestraNow, LLC. In other words, unless we otherwise agree, we hereby grant you a non-transferable, non-exclusive, limited right to access, use and display this Website for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. By using the Website, you acknowledge that the Website contains features, photos, video and other graphics, information, software, text, music, sounds, suggestions, messages, comments, feedback, ideas, recipes, notes, articles and other materials (collectively, the “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, including in the form of media and technologies that exist now and those that we might develop later. All Content is copyrighted under the United States copyright laws and, to the extent applicable, under foreign laws, and we own a copyright in all aspects of the Content, including selection, flow, layout, coordination and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. Modification of the Content or use of the Content for any purpose aside from your personal use, is strictly prohibited without our prior written consent.
- The Content may not be used for any illegal purpose. You may not access our Website, Services, networks, systems, computers, or the Content in any manner that could damage or impair them, or interfere with anyone’s use or enjoyment.
- The Content is licensed only for the personal, household, and educational use of a single adult. An individual’s noncommercial reuse or redistribution of any portion of the Content that falls within what is or would be permitted by the United States Copyright or the Lanham Act is permitted. No commercial use or redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another web site must display the Content full-screen and not within a “frame” on the linked or other site.
- We do not recommend or endorse any specific Content, tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on the Content is solely at your own risk. Content may have been provided by third parties and is not vetted or certified by SestraNow LLC. While we believe you will find the Content useful, we cannot guarantee that the Content will help you achieve the results you seek. Content regarding dietary supplements or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.
- The Content may link you to other web sites or information, software, data, or other contents on or off the Internet, including linked click-through or other advertising, or through featured or sponsored sites. We have not reviewed the contents that may be reached by such links and we are not responsible for such content. Your linking to any other pages on other sites is at your own risk. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites and should not be attributed to us. We have not attempted to verify the truth or accuracy of any such opinion, claim, or comment, nor do we endorse or support them. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, or other content that is outside of our control.
- Your Account and Use of SestraNow, LLC
If you elect to become a registered user of the Website, which is voluntary and does not cost any money, you agree that:
- You will honor the posted rules of the website, including the Conduct Rules, below, which apply to your comments that may be visible to other users, including on the Website, on Facebook and Instagram, and via email. You promise to conduct yourself always according to the law, and also according to all our rules, and to refrain from using crude or otherwise inappropriate language and from harassing or bothering other users.
- You will provide accurate and complete registration information when you register to use SestraNow LLC, and to provide updates as necessary to keep your registration information accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
- You are responsible for the security of your passwords and for any use of your account. You must immediately notify us of any unauthorized use of your password or account.
- Your use of SestraNow LLC and any Content and/or services must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use SestraNow LLC.
- Conduct Rules
You hereby acknowledge that any and all Content posted to or emailed in connection with this Website, whether posted at our request or spontaneously, and whether publicly or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. We do not control the Postings made by others and, as such, we do not guarantee the veracity or accuracy of such Postings.
You agree not to use the Website to:
- Impersonate any person or entity, including, but not limited to any representative of SestraNow LLC or any other person or entity, or misrepresent your affiliation with SestraNow LLC or any other person or entity;
- Transmit any Postings or other materials that are intended to be–or are in fact–harassing, defamatory, libelous, tortious, vulgar, harmful, libelous, invasive of another’s privacy, hateful (or which might reasonably be interpreted as hateful), or that might incite fear, violence, unlawful conduct or harm of any kind;
- Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
- Forge headers or otherwise manipulate technology in order to disguise any Postings or other materials transmitted via the Website;
- Transmit any Postings or other materials that are not your own, or that you do not have a right to transmit under any law or contractual or legal duty;
- Transmit any Postings or other materials that infringe upon any intellectual property right or any other proprietary rights of any party;
- Interfere with this Website or any of the hardware or software that support it, including servers and networks connected to this Website, or disobey any rules, policies or regulations of networks connected to the Website;
- Violate, intentionally or otherwise, any law or government regulation; or
- Transmit any unauthorized advertising, marketing or promotional Postings or other materials, including “junk mail” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or
- Access or attempt to access information about other users, or about SestraNow LLC or its employees or affiliates or other private information, other than information that is made available to you by SestraNow. To that end, you agree not to solicit, or otherwise collect (or attempt to solicit or collect) personal data about the Website’s other users, including usernames and passwords. You also promise not to post any information about any other user without first obtaining such user’s consent.
Although we have adopted these Conduct Rules for the users of our Website, you understand that by using this Website, you may be exposed to Postings that are objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by SestraNow), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
We may revoke your privileges to use this Website and/or take any other appropriate measures to enforce these Conduct Rules, if we become aware of violations.
We reserve the right to monitor some, all, or no areas of this Website for adherence to these Conduct Rules or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Website, and we are not liable for any loss you incur in the event that Content you post or transmit to our Website is been removed.
- Complaints about Copyrights
We may terminate the rights of any user to use our Website who infringes upon the intellectual property rights of another person or entity. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright holders whose rights under U.S. Copyright law are violated in connection with material appearing on the Internet. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- A physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
- Identification of the copyrighted work(s);
- Identification of the material that you believe infringes on your copyright(s), and information reasonably sufficient to allow us to locate the material on the Website;
- A statement explaining that you believe, in good faith, that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf;
- Your name, postal address, phone number and email address;
- The DMCA permits you to send us a counter-notice if you believe in good faith that a notice of copyright infringement has been wrongly submitted against you.
Notices and counter-notices with respect to the Website should be sent info@sestranow.com
- Content That You Submit to Sestranow LLC
If you send, fax, email, post or otherwise transmit to SestraNow LLC or the Website any Content, such as photos or success stories (collectively, the “Submissions”), whether we request the Submissions or you submit them completely spontaneously or you submit them for any other reason, you grant SestraNow and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce, for personal use, any Submission that you have made available. Subject to the foregoing, the owner of a Submission placed on this Website retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or of any Submissions.
- Website Changes
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice.
- Other Websites
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
- Changes to this Agreement
We may occasionally update these Terms of Service. When we do, we will also revise the “last modified” date at the top of this document. We encourage you to review these terms of service periodically. Your continued use of SestraNow LLC constitutes your agreement to the changed terms of service.
- Indemnification
You agree to indemnify, hold harmless and, at SestraNow LLC’s option, to defend SestraNow LLC and its affiliates, and their officers, directors, employees, stockholders, agents and representatives from and against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) your use of SestraNow LLC or the Content or SestraNow’ LLCs products or offerings; (b) your noncompliance with these Terms & Conditions; and/or (c) any third-party actions related to or arising from your receipt or use of SestraNow LLC or the Content or SestraNow LLC’s products or offerings, whether authorized or unauthorized under the Terms & Conditions.
- SestraNow LLC Facebook Group and Other Social Media Disclaimer
All information is merely for educational and informational purposes. It is not intended as a substitute for professional advice. We ask that any networking or connections made because of involvement in this organization be done through our administrators to avoid fraudulent and otherwise inappropriate transactions. Furthermore, no Member, Partner, Business, or Group or any of its affiliates may directly or indirectly market, or promote any service, event, activity, product, without the express written consent of SestraNow LLC.
- Local Regulations
SestraNow LLC makes no representation that content on the Site or online services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the online services from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
- Exclusion of Warranties
SESTRANOW AND THE CONTENT AND SERVICES ARE PROVIDED “AS IS.” NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS. SESTRANOW AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING SESTRANOW AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.
NEITHER SESTRANOW NOR ANY OF OUR LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY SERVICES, CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. NEITHER HEALTHYWAGE NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT ON THIS WEBSITE IN TERMS OF RELIABILITY, ACCURACY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED FROM OUR STAFF OR ANYONE ELSE THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
- Liability Waiver and Limitation of Our Liability
User understands and agrees that there are certain dangers inherent to any wellness program, including a weight loss plan, and User agrees to assume all risks and promises to hold harmless and not to sue SestraNow LLC or any of its affiliates, owners, directors, employees, vendors, clients or partners for any claim, loss or liability that User may have arising out of the User’s use of or association with SestraNow LLC and/or its Services. By using SestraNow LLC and/or participating in anySestraNow LLC’s Services, User acknowledges SestraNow LLC’s recommendation that User seeks advice from User’s doctor about participating and determine, along with his/her doctor, whether User is capable of participating in and completing such Service(s) without compromising User’s health.
NEITHER YOU NOR WE NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY OF OUR CONTENT OR SERVICES. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.
- Miscellaneous Legal Provisions
These Terms & Conditions, constitute the entire agreement between you and SestraNow LLC relating to the Website, the Content and the Services. The Terms & Conditions replace any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references these Terms & Conditions. If there is any conflict between these Terms & Conditions and a signed written agreement between you and us related to SestraNow LLC, the signed written agreement will control. If we provide you with a translation of the English language version of these Terms & Conditions, the English language version of this agreement will control in the event of any conflict. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.
- Attorneys fees and other costs.
User shall indemnify, save, defend, and hold SestraNow LLC harmless from any loss, cost, expense, or liability, including fees of accountants, attorneys, consultants, and expert witnesses reasonably incurred in defending or enforcing SestraNow LLC’s rights in connection with this Agreement or otherwise relating to the relationship between user and SestraNow LLC, regardless of whether they are incurred before, during, or after any litigation or other dispute resolution procedure, and regardless of whether they relate to issues arising out of contract, tort, bankruptcy, or some other area of law.
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the rest of the Terms & Conditions.
These Terms & Conditions may be modified only by our posting of changes on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees.
In furtherance of the mission of SestraNow, women helping women, we have structured this 1,000 Women Campaign (hereinafter Campaign) as a peer mentoring type system. As members of the organization, we are providing information, not professional counseling, or advice. All persons participating in this Campaign understand that the information provided is strictly for educational purposes. You are advised to seek professional advice and/or help, as necessary.
NO SALES: A member may not sell any services or items as part of this Campaign. Any business connections or transactions made must be done outside of its parameters and done at the parties’ own risk or discretion. As usual, members can post their businesses and services on the general Facebook page, and may enlist as SestraNow Vendors, but as part of this Campaign solicitation it is strictly prohibited. We are volunteering our services and resources to help our sisterhood.
You must agree to be respectful of all women participating as this organization is comprised of very diverse demographics. You agree to uphold confidentiality where appropriate.
You must also agree to abide by all other policies and conditions listed on the Sestranow.com website and Facebook page.