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Terms of Use

Your use of That Lady In The Woods – A Private Members Association (referred to as “That Lady In The Woods”) website and all products and services available thereon are offered to you on your acceptance of these Terms of Use, our Privacy Policy, our Disclaimer and Waiver and other notices posted on this website. Your use of this website, or of any products or services presented in any area of this website, indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy, our Disclaimer and Waiver and other notices posted on this website. We suggest you print a copy of each of these documents for your records.

That Lady In The Woods website and all items and services available thereon are available only to those who may lawfully enter into agreements with us under the law applicable to such agreement.  If you do not qualify, you are not permitted to access or use our website or any of our products or services.

We shall have the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you.  Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on our website.  You agree to review these Terms of Use from time to time and agree that any subsequent use by you of our website following changes to these Terms of Use shall constitute your acceptance of all such changes.  These Terms of Use were last modified on December 31, 2023.

Private Member Association Agreement

That Lady In the Woods is a Private Members Association. You agree to become a member of That Lady In the Woods – A Private Members Association (“Association”) by paying a fee of $2 (“Membership”) and you declare that (a) you are NOT a government agent, detective or investigator working to entrap someone and that (b) any item or service that you give money to is a donation for its creation and NOT a purchase (“Member”).

This Membership does NOT expire. You agree that you would like to use natural items privately and you wish to obtain from other members certain natural and handcrafted items. As a Member you agree not to complain to any government body in any jurisdiction about the Association and its Membership offerings as this is a Private Member Agreement. 

 

General Disclaimer

Use of That Lady In The Woods website is provided to you solely for your own personal use and not for purposes of resale, distribution, public display or performance or other similar uses by you.  Unless otherwise indicated on our website, you may display, download, reformat and print a single copy of any information on our website for such personal use.  We have made efforts to obtain accurate and timely information available, all of which are complex and subject to change.  Accordingly, we do not guarantee the accuracy, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

The performance of our website is provided to you on an “as is” basis, without representations or warranties of any kind, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties.  We make no representation to you, whether expressed or implied, that our website will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any materials from our website.

We reserve the right, at our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of our website, including your password access (if any), without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance by you on any information available on this website shall be at your own risk.  In no event shall we be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if we have been advised of the possibility of such damages.

Registration and Password

Certain portions of That Lady In The Woods website are password-protected and require enrollment and disclosure of certain information about yourself, which information shall not be disclosed by us except in accordance with our Privacy Policy.  When registering with us, you agree to provide complete and accurate information about yourself and to update such information as it changes. It is your responsibility to keep the password provided to you as part of the registration process confidential.  In the event of use of your password without your consent or the discovery by you of any other breach of security, you agree to notify us immediately at thatladyinthewoods@gmail.com

 

Confidentiality and Transmissions over the Internet

The transmission of information through the registration and donation areas of our site is protected by encryption in order to prevent unauthorized access to personal information. However, the transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is inherently insecure, and is subject to possible loss, interception or alteration while in transit.  Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the use of your password for our website or the exchange of e-mail with us (including those which to may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of any personal information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

Certain portions of That Lady In The Woods website may permit users of the website to upload, post or otherwise transmit content. You acknowledge and agree that all content not provided by us, whether publicly or privately uploaded, posted or transmitted, is the sole responsibility of the person from whom such content originated.  As we do not control the content originating from users of this website, you acknowledge and agree that (a) we cannot guarantee the accuracy, reliability or completeness of such content and (b) that by using this website you may be exposed to such content that you may find offensive or objectionable and for which we shall have no responsibility or liability.  We do not generally screen or edit content originating from users of this website, but reserve the right (though we have no duty) to monitor or to remove, without notice, any offensive or objectionable content, in our sole discretion.

You agree:  to follow all applicable laws when using this website; that you shall be responsible for all acts that occur under your password, including any content uploaded, posted or transmitted through such password; and that you have the right to upload, post or otherwise transmit any content originating from you or under your password.

You agree that you shall not (or permit under your password):

(a)    upload, post or otherwise transmit through or to this website any content that:
(i)    is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
(ii)    might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
(iii)    contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;

(b)    disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website; its computer systems, servers or networks; or the passwords of other users;

(c)    provide false information about yourself during the registration process, impersonate any other person, or otherwise attempt to mislead us or other website visitors about your identity or the origin of any content, message or other communication;

(d)    transmit junk mail, chain letters, or other unsolicited bulk e mail or duplicative messages;

(e)    collect information about other website visitors without their consent or otherwise systematically extract data or data fields, including without limitation e mail addresses;  and

(f)    sell access to or the use of this website, including any content contained on, downloaded or accessed from this website.

By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non exclusive, world-wide, royalty free, perpetual, non revocable license to display, reproduce, translate, reformat, adapt, archive, distribute, and broadcast to other users of our website such content; to use or distribute such content in any manner other than stated in our Privacy Policy; and to authorize the display, downloading, reformatting and printing of a single copy of such content by users of our website for their personal use.

Indemnification by User

You agree to indemnify, defend and hold That Lady In The Woods and founders, trustees, members, researchers, and assistants harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use.  We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services.  As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

The That Lady In The Woods logo and other identifying marks of  That Lady In the Woods are and shall remain the exclusive property of That Lady In The Woods, and any unauthorized use of these marks is unlawful.  Other identifying marks on this website are the property of their respective owners.  All content on this website is the copyrighted property of That Lady In The Woods (or, in certain cases, other users of this website or third party content providers).  Information on this website may be used by you only for your personal use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner.  Any rights not expressly granted to you are reserved by us.

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect.  No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the Common Laws applicable therein, without regard to conflict of laws provisions thereto. The parties specifically exclude the application of the United Nations Convention on the International Sale of Goods.

With the exception of a breach by you of our intellectual property rights, any dispute arising out of or in connection with these Terms of Use shall be settled by binding arbitration.  

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion.  We may assign this agreement to any affiliate or successor of That Lady In The Woods without notice thereof to you.

Your Comments

If you have any questions, comments or concerns about our website or these Terms of Use, please feel free to contact us at thatladyinthewoods@gmail.com

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