Women’s Center for Entrepreneurship Corporation
Date of Last Revision: January 5, 2024
This website is owned and maintained by the Women’s Center for Entrepreneurship Corporation, a non-profit organization (“WCEC”, “we”, “us”, or “our”). Our mission is to empower women to invest themselves via entrepreneurship by providing necessary resources for women to successfully start, own, operate and grow their businesses.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 17 ENTITLED “DISPUTE RESOLUTION & ARBITRATION AGREEMENT” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST WCEC ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST WCEC IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
1. Agreement to be Bound
Your use and access of this Website or participation in our Programs is subject to this Agreement and all applicable laws and regulation. By using and accessing this Website or attending our Programs, you indicate that you understand and intend this Agreement to be the legally binding and enforceable, and you accept, without limitation or qualification, this Agreement and any subsequent modifications to this Agreement, as set forth below.
We reserve the right, at our sole discretion, to change, amend, modify, add, or delete portions of this Agreement at any time without further notice, provided that if such modifications materially limit your rights and/or expand your obligations hereunder, we will notify you electronically, such as by email or through the Website. We will post the changes to this Agreement on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Website after any such change constitutes your acceptance of the modified Agreement. If you do not agree to this or any successor versions of this Agreement, you may not use or access (or continue to use or access) the Website or our Programs. Except for the aforementioned material modifications, it is your responsibility to regularly check the Website to determine if there have been changes to this Agreement and to review such changes.
We reserve the right at any time to alter or discontinue, temporarily or permanently, this Website, the Programs and/or any information, opportunities or services provided in connection with the Website or Programs at our sole discretion and with or without notice. Except as provided for otherwise in this Agreement or in our communications to you, this Agreement will not be affected by any alterations to this Website or our Programs. You agree that WCEC will not be liable to you or to any third party for any alteration, suspension or discontinuance of this Website or Programs.
This Agreement will remain in full force and effect while you use the Website or participate in our Programs. If you are eligible to participate in our Programs, you may terminate your participation for any reason upon receipt by WCEC of your written or email notice of termination. If (a) required by the U.S. Small Business Administration or (b) WCEC determines, at its sole and absolute discretion, that you violated any provision(s) of this Agreement, then WCEC may terminate your participation in our Programs effective upon sending notice to you at the email address you provide in your application for a User Account (defined below), or such other email address as you may later provide to WCEC. Even after your participation in our Programs is terminated or your use of the Website ceases, this Agreement will remain in effect.
3. Permitted Use
WCEC grants you a personal, limited, nonexclusive, nontransferable, non-sublicensable, and revocable right to use the Website or, if applicable, access or attend our Programs. This is the grant of a license, not a transfer of title, and under this license you may not: (a) attempt to decompile or reverse engineer any software contained on the Website or Programs; or (b) transfer the material on the Website or Programs to another person or “mirror” the materials on any other server. Except for the limited license rights expressly granted under this Agreement, no licenses or rights are granted by WCEC to you hereunder, by implication, estoppel or otherwise. All such other licenses and rights are reserved by WCEC.
4. Unauthorized Use
You must not use the Website or Programs to facilitate or participate in any illegal activity or engage in any activity which WCEC, at its absolute discretion, considers inappropriate. We reserve the right at our sole discretion to terminate or restrict your access to this Website or our Programs immediately and indefinitely for any reason at any time. You agree that you will only use this Website and/or your User Account for the purposes set forth in this Agreement and for no other purpose. Without limiting the foregoing, in using your User Account or using the Website or Programs, you agree not to:
• violate any applicable law or regulation;
• stalk, harass, or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• violate, infringe, or misappropriate any person’s or entity’s Intellectual Property Rights, privacy, publicity, or other legal rights;
• send advertising, chain letters, junk mail, spam or any other type of unsolicited electronic communications;
• except as expressly agreed to in writing by WCEC, use the Website or Programs for any commercial purposes;
• provide, post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send, post, share or provide content of any kind which contains a virus, spyware, malware or other harmful, disruptive or destructive component;
t• ransmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the Programs, this Website or any servers, software, hardware or equipment connected to or via the Website or Programs;
• intentionally or negligently use your User Account or the Website or Programs in a way that degrades performance of this Website or Programs to other persons;
• manipulate, or attempt to manipulate, the administration of any Program;
• use your User Account or any mechanism, software or other scripts in relation to the Website which could disrupt or interfere with the Programs, Website or any servers, software, hardware or equipment connected to or via the Website;
• restrict or inhibit any other user from using or enjoying the Website or Programs;
• use any means to scrape or crawl any web pages contained in the Website;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website or Programs; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
5. Non Commercial Use
If you wish to become a registered user of the Website to gain access to our Programs, you must submit an Application (defined hereafter) to become eligible for a user account (“User Account”). Please read this Agreement and submit your [Business Counseling Request Form or Class Registration Form (each, an “Application”)] by clicking the “Submit” button at the bottom of the applicable form.
When submitting an Application or registering for a User Account, you warrant to WCEC that:
- • you are an individual with the legal capacity to enter into a legally binding agreement under applicable law and perform your obligations hereunder;
- • you are not subject to sanctions or are in breach or violation of any applicable laws or regulations;
- • you are not a person whose User Account has been previously suspended or terminated under this Agreement; and
- • you agree to act in good faith and in accordance with this Agreement and any applicable law or regulation
7. Registration Data; User Account Security
You agree to:
- • provide accurate, current and complete information on any registration forms on the Website, including any Applications submitted by you (“Registration Data”);
- • maintain the security of your password and identification;
- • maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and
- • be fully responsible for all use of your User Account and for any actions that take place using your User Account.
You hereby authorize WCEC to verify the information supplied in your Application(s) when and as WCEC deems necessary and advisable, and to the extent permitted by applicable law. Notwithstanding the foregoing, WCEC shall be under no obligation to verify the information supplied in your Application(s) and may rely on such information without taking any further action. You consent to receiving communications and notices from WCEC at the email address you provide in your Registration Data or otherwise elect in your User Account settings.
8. User Accounts
If approved, your User Account is personal to you and may not be sold, assigned, or transferred to a third party and you may not disclose your User Account’s username/email or password. If you attempt to sell, assign, or transfer your User Account to a third party or disclose your User Account’s username/email or password to an unauthorized individual, WCEC may suspend or terminate Your User Account at its sole discretion.
You are responsible for all use of this Website made in submitting your Application, using your User Account (and/or username/email or password) or accessing our Website or attending our Programs, whether or not you are aware of that use or could reasonably have been aware of that use. You agree to notify WCEC immediately if you become aware of any unauthorized use of your User Account.
WCEC may, at its sole discretion, terminate or suspend your User Account at any time without notice if it believes that:
- • You have breached this Agreement or any other applicable terms and conditions, laws or regulations;
- • You have acted in a way which is unlawful, or which may create liability for you, us, other users, our internet service providers or any other supplier;
- • we are unable to verify any information or materials provided by you; or
- • you have acted or represented yourself in any way that WCEC deems that your termination is appropriate.
If your User Account is terminated, either by you or WCEC, all restrictions imposed on you, licenses granted by you, and all indemnities, disclaimers and limitations of liability set forth herein will survive.
9. Your Information and Content
You warrant that any information, materials or content provided or posted by you (through Registration Data, User Account information or otherwise):
- • is not false, inaccurate, misleading, or fraudulent;
- • does not infringe any third party’s Intellectual Property Rights or other rights arising at law or otherwise;
- • is not obscene, defamatory, libelous, threatening, or harassing;
- • does not violate any applicable law;
- • does not contain or describe pornography and is not otherwise harmful to persons under the age of 18 years;
- • will not create liability for WCEC or cause WCEC to lose the services of its internet service providers or other suppliers (in whole or in part); and
- • will not create liability for WCEC of any kind.
10. Intellectual Property
You acknowledge that, as between you and WCEC, WCEC is the owner of all Intellectual Property Rights in and to this Website and Programs unless otherwise represented by WCEC. You acknowledge that you have no Intellectual Property Rights in or to this Website or to any Programs except for a limited license to use this Website and Programs as applicable.
You acknowledge that all text, graphics, user interfaces, photographs, trademarks, logos and artwork, including the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of the Website or Programs (“Content”), provided by WCEC or its licensors on this Website or Programs is owned or licensed by or to WCEC and is protected by applicable copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. No such Content can be copied, publicly displayed, modified, sold, licensed or distributed in any way by you without our prior written consent. You shall not use the name “Women’s Center for Entrepreneurship Corporation”, “WCEC” or any variation, adaptation, or abbreviation thereof, or the name of any of our Board members, officers, employees, or agents, or any trademark, Insignia or program identifier-owned by us, in any promotional material or other public announcement or disclosure, nor copied, publicly displayed, modified, sold, licensed or distributed in any way by you without the prior written consent of WCEC, which consent we may withhold at our sole discretion.
12. Third Party Sites and Content
The Website and/or Programs contains (or you may be sent through the Website) links to other web sites (“Third Party Websites”) as well as articles, photographs, text, items and other content belonging to or originating from third parties (the “Third Party Components”). Such Third Party Websites and Third Party Components are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the acts or omissions of any Third Party Websites or Third Party Components. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Components, you do so at your own risk and our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Website to which you navigate from the Website or relating to any Third Party Components.
13. Disclaimer of Warranties
YOUR USE OF THE WEBSITE, AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE, ARE AT YOUR SOLE RISK. THE WEBSITE, AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WCEC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND USERS EXPRESSLY DISCLAIM TO YOU ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOR PURPOSES OF CLARITY, YOU UNDERSTAND AND AGREE THAT ALL DECISIONS MADE BY YOU WITH RESPECT TO AND AS A RESULT OF PARTICIPATING IN THE PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE ARE YOURS ALONE, AND WCEC DOES NOT MONITOR OR VERIFY THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ADVICE PROVIDED ON OR VIA THE WEBSITE AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE.
WCEC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND USERS MAKE NO WARRANTY TO YOU THAT (i) THE WEBSITE, AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE, WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE, WILL BE ACCURATE, RELIABLE OR GENERATE BENEFIT (INCLUDING WITHOUT LIMITATION ECONOMIC BENEFIT) TO YOU; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE.
ANY MATERIAL OR INFORMATION DOWNLOADED, OTHERWISE OBTAINED OR USED THROUGH THE USE OF THE WEBSITE OR ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE IS MADE AVAILABLE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, BUSINESS, BUSINESS REPUTATION, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WCEC OR THROUGH OR FROM THE WEBSITE, AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE, SHALL CREATE ANY WARRANTY AND ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. Limitation of WCEC’s Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WCEC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, INCLUDING ALL PAST AND CURRENT PARTNERS, LICENSORS AND USERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, COSTS, LOSSES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WCEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS, ADVICE, PARTICIPATING IN COUNSELING RELATIONSHIPS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR PROGRAMS; OR (d) ANY OTHER MATTER RELATING TO THE WEBSITE, AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE.
Notwithstanding the foregoing, certain jurisdictions limit disclaimers of limitations of liability. In such jurisdictions, you may have additional legal rights, and the provisions of this Agreement will remain in effect to the fullest extent permitted by law.
15. Disputes with Other Users
You are solely responsible for your interactions with users and any disputes that may result from such interactions. WCEC reserves the right, but has no obligation, to monitor disputes between you and other users.
16. Waiver of Jury Trial, and Class Action; Arbitration
BY ENTERING INTO THIS AGREEMENT, YOU AND WCEC ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND WCEC BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WCEC BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CAUSE OF ACTION, THEN THAT CAUSE OF ACTION (AND ONLY THAT CAUSE OF ACTION) MUST REMAIN IN COURT AND BE SEVERED FROM ANY ARBITRATION.
17. Dispute Resolution & Arbitration Agreement
YOU AND WCEC AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Prior to initiating any arbitration, you must first present any claim or dispute to WCEC by contacting the WCEC at 973-507-9700 to allow for an opportunity to resolve the dispute. You or we may initiate arbitration if your claim or dispute cannot be resolved within 60 days.
Both you and WCEC agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
You may opt out of this Arbitration Agreement within the first 30 days after acceptance of this Agreement. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to WCEC at email@example.com or by sending a letter to WCEC, Attn: Executive Director. You should include your printed name, mailing address, and the words “Reject Arbitration.”
18. How Arbitration Works
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. WCEC also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the State of New Jersey. The terms of the Arbitration Agreement provisions shall survive after your relationship with WCEC, use of the Websites and/or participation in our Programs. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
19. Right to Bring Small Claims in Court
Notwithstanding the Arbitration Agreement, either you or WCEC may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
20. Governing Law; and Jurisdiction
This Website is controlled, operated, hosted and served by WCEC in the State of New Jersey, USA. If you choose to access and use this Website or the other Sites from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Except as otherwise provided in the Arbitration Agreement above, this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of this Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state and federal courts of the State of New Jersey, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this Agreement.
You agree to indemnify and hold WCEC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from any and all losses, liabilities, claims, damages or demands, including reasonable attorney’s fees, due to or arising out of your use of the Website or Programs, any information, materials or content you post or provide on or through the Website or Programs, your conduct in connection with your participation in Programs and/or arising from a breach of this Agreement.
Unless otherwise requested in writing by you, WCEC may refer to you and your identity as part of promoting this Website, our Programs or WCEC in the marketplace. Notwithstanding anything to the contrary in this Agreement, you may share or post content or images from the Website or Programs on non-commercial platforms or pages, provided that you do not alter or modify the content or images you share or post in any way. You shall not share or post content from this Website or Programs for any commercial purpose even if the sharing or posting is made on a non-commercial platform.
This Agreement (together with any agreements, policies or other documents incorporated by reference herein), accepted upon use of the Website and further affirmed by registering for a User Account, contains the entire agreement between you and WCEC regarding the use of the Website and/or the Programs offered by us. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
All notices, requests, demands, consents, approvals, offers, agreements, questions, complaints or other communications given by you to WCEC must be emailed to firstname.lastname@example.org with an appropriate subject matter and complete description of the applicable reason you are emailing us.
You may also contact us at the following address:
Women’s Center for Entrepreneurship of New Jersey
227 Main Street, 2nd Floor,
Chatnam, NJ 07928