Terms of Service
Effective Date: November 1, 2020
Welcome to the WOC STORE website, which is located at woc-fpstore.com (the "Website"). The following Terms of Service ("TOS") contain the terms that govern your use of the Website and Woc-fpstore.com Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ Service. Use of the YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ Website constitutes acceptance of these TOS.
YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ reserves the right to add, delete and/or modify any of the terms contained in this TOS, at any time and in its sole discretion, by posting a new agreement on the WOC STORE Website. If any modification is unacceptable to you, your only recourse is to not use the Website and the Woc-fpstore.com Service. Your continued use of the YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ Website following posting of a new TOS on the YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ Website will constitute binding acceptance of the changes.
1. The YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ Service.
YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ provides the sales and purchase of clothing items/apparel, accessories and home and office décor.
2. Use of the Website and YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ Service.
2.1 Eligibility. YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ will only knowingly provide the Woc-fpstore.com Service to parties that can lawfully enter into and form contracts under applicable law.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Woc-fpstore.com Service and the Website.
2.3 Your License to Use the Website and the Woc-fpstore.com Service.
(a) YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ solely and exclusively owns all intellectual property and other rights, title and interest in and to the Woc-fpstore.com Service and Website, except as expressly provided for in these TOS. For example and without limitation, YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ owns the trademarks Women of Color in Fundraising and Philanthropy and Allies in Action Membership Network (TM), the copyrights in and to the Website, and certain technology used in providing the Woc-fpstore.com Service. You will not acquire any right, title or interest therein under these TOS or otherwise.2.4 Third-Party Services. YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ may use third parties to provide certain services accessible through the Website. YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ does not control those third parties or their services, and you agree that YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ TOS, agreements or policies, you must comply with YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ TOS, agreements or policies, as applicable.
3. General Rules.
3.1 Prohibited Use. You may only use the Woc-fpstore.com Service as expressly permitted by YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ .You may not cause harm to the Website or the Woc-fpstore.com Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Woc-fpstore.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Woc-fpstore.com Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Woc-fpstore.com Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Woc-fpstore.com Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these TOS.
3.2 Prohibited Use Promise. By using the YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ Website, you are promising that you are not using the Woc-fpstore.com Service or the Website for any of the Prohibited Uses.
4. Use of Your Content.
5. Reservation of Rights.
5.1 Monitoring. YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ determines, in its sole and absolute discretion, that you or another YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ user have breached or will breach a term of these TOS or that such transaction or communication is inappropriate, YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ may cancel such transaction or take any other action to restrict access to or the availability of any material that we may consider objectionable, without any liability to you or any third party.
5.2 Modification of the Service. YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ may modify the Woc-fpstore.com Service at any time with or without notice to you, and will incur no liability for doing so.
6. Submissions.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ will have no obligation to keep any Submissions confidential. You will not bring a claim against YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ based on "moral rights" or the likes arising from YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ use of a Submission.
7. Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and warrant to YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ and YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
7.2 By You. You represent and warrant to YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ that, your use of the Woc-fpstore.com Service and any order that you place with WOC STORE: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations.
8a. Disclaimers and Exclusions.
8a.1 DISCLAIMER OF WARRANTIES. YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ PROVIDES THE WEBSITE AND Woc-fpstore.com SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, Woc-fpstore.com SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8a.2 EXCLUSION OF DAMAGES. YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE Woc-fpstore.com SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8b. Limitation of Liability.
8b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ EXCEED THE VALUE OF SERVICES RENDERED. THE VALUE OF SERVICES ARE LIMITED TO THE STATED VALUE ON THE YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ WEBSITE OR AS STATED BY AN AUTHORIZED YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ AGENT.
9. Indemnification.
You agree to indemnify and hold YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS through any act or omission, including but not limited to any claim that your content infringes or violates the legal rights of any other party. If you have to indemnify YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ under this Section, YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without WOC STORE’s express written permission.
10. Termination.
10.1 Termination. YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ may suspend or terminate your use of the Website or Woc-fpstore.com Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
10.2 Survival. Notwithstanding Section 10.1 above, these TOS will survive indefinitely unless and until YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ chooses to terminate them
10.3 Effect of Termination. If you or YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ terminates your use of the Website or the Woc-fpstore.com Service, YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ may delete any Content or other materials relating to your use of the Woc-fpstore.com Service on WOC STORE servers or otherwise in its possession and YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ will have no liability to you or any third party for doing so.
11. Notice.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to WOC STORE, you must use the following addresses: PO Box 415, Tarrytown, NY 10591 or info@yfj-consulting.com. If YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ provides notice to you, YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ will use the contact information provided by you to WOC STORE. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
12. Dispute Resolution/Waiver of Jury Trial
All disputes arising out of, relating to or connected with these TOS or your use of any part of the woc-fpstore.com Service will be exclusively resolved under confidential binding arbitration held in Westchester County, NY before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying New York law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought exclusively in a federal or state court located in Westchester County, NY. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and New York State courts in Westchester County. By agreeing that arbitration is the exclusive remedy, you are waiving your right to sue YFJ Consulting, LLC in a court of law or have a jury resolve any dispute that arises out of, relates to or is connected with these TOS or your use of any part of the woc-fpstore.com Service. You understand that you are waiving your right to a jury trial voluntarily and knowingly, and free from duress or coercion. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the Woc-fpstore.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section 12, either party may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
13. Miscellaneous.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New York without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of WOC STORE. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and YFJ CONSULTING, LLC DBA WOMEN OF COLOR IN FUNDRAISING AND PHILANTHROPY™ (WOC) AND ALLIES IN ACTION MEMBERSHIP NETWORK™ are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.