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YSI  General Terms

Date of Last Revision: September 10, 2023.

 

Welcome to our website (“www.yessheinvests.com”).

1. Introduction 

 

1.1    Yes She Invests, LLC (“YSI” or “we” or “our” or “us”) is a State of Missouri  LLC whose principal place of business is located at 8450 NW Prairie View Rd #1082 
Kansas City, MO 64153  YSI is the owner and operator of this Website. YSI, via our Website, is a devoted community made up of enthusiastic individuals who enjoy sharing financial ideas and sponsoring related activities. 

 

1.2     Your use of YSI’s products, software, services, servers, and Website (referred to collectively as our “Service” in this document) is subject to the terms and conditions of a binding and enforceable agreement (“Agreement”) between you and YSI, as defined herein. By using our Service you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using our Service.

1.3     PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING A USER’S LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IT ALSO CLEARLY SPECIFIES THE MANNER BY WHICH ACCEPTANCE OF THIS AGREEMENT OCCURS. A MEMBER OR GUEST SPEAKER ON OUR SERVICE IS PROHIBITED FROM OFFERING PROFESSIONAL FINANCIAL SERVICES ADVICE HEREIN. FURTHER A MEMBER OR GUEST SPEAKER IS PROHIBITED FROM DISCUSSING FINANCIAL INFORMATION ON OUR SERVICE THAT IS NOT KNOWN PUBLICLY.

2. General Terms

 

2.1     The terms and conditions provided herein (the “General Terms”) apply to all users of our Service, including the public at large (“Public”). If you register on our Service, either as a Member or participate as a Guest Speaker then additional terms and conditions will apply. 

 

2.2     The General Terms contained herein are included by reference in the subsequent agreements entered between YSI and a Member or Guest Speaker and constitute the minimum terms and conditions controlling use of our Service. The Agreement, as used herein, refers to the General Terms and to any agreement entered between a Member or Guest Speaker and YSI that includes the General Terms by reference. 

 

2.3    Our Service includes all pages on our Website's domain (www.yessheinvests.com) and all pages on any related sub-domains, all of which are controlled by this Agreement. It also includes content that we provide on Third-Party sites at our sole discretion.

3. Acceptance and Modifications

3.1     YSI reserves the right to change or revise this Agreement at any time by posting a notification on our Website. YSI, at its sole discretion, may provide a Member or Guest Speaker notification via other mechanisms, but is not required to do so.  

3.2     You are required to affirmatively accept this Agreement when becoming a Member or Guest Speaker collectively (”Users”) by reading this Agreement and clicking “I Agree.” As a User you are also required to affirmatively accept any future revisions to this Agreement in a similar manner. YSI maintains a record of acceptance for each User including the verification of this Agreement accepted by you whenever you click “I Agree.” 

3.3     YSI will notify you of revision dates to this Agreement by posting the “last revised date” preceding the first paragraph of this document. The revised Agreement will take effect immediately after it has been posted on our Website.

4. Eligibility

 

4.1     YSI requires, and enforces, strict compliance with our eligibility (“Eligibility”) requirements, as defined herein. Our Service is not intended for individuals under the age of 18. It is intended solely for the use of our Users. Access to our Service by any other person is strictly prohibited, unauthorized, unlicensed, void, and in violation of this Agreement.

 

4.2     By accessing our Service you assert and warrant that you are doing so for the purpose of using our Service as intended.  Usage for any other purpose violates this Agreement and is strictly prohibited. By using our Service, you further assert and warrant that you are of legal age and possess the legal capacity to enter into this Agreement, either on your own behalf or on behalf of an entity you represent.

5. Account Registration

 

5.1     As a Member you are required to provide us accurate, current, reliable and otherwise valid data when completing the registration forms that establish your account (“Account”) on our Service and you agree that such data must be kept current and revised in a timely manner when events occur that may alter its validity.

 

5.2     As a Member  you agree that you are solely responsible for the data and activities related to updating and maintaining your Account, notwithstanding the fact that YSI may, for technical or other reasons, assist you in making changes to your Account at your direct request, and after proper authentication.

 

5.3     Registration on our Service requires you to establish security credentials that allow you access to your Account. The credentials include a Member identifier and a corresponding password. You may also be required to establish additional credentials should YSI deem them necessary to protect the integrity of our Service. You agree that you are responsible for maintaining the confidentiality of said credentials. You further agree that you are responsible for all the activity that occurs on your account. You are prohibited from sharing your Member credentials with any other person or entity.

 

5.4 A Guest Speaker (“”GS”) is not required to create an account on our Service. However, a GS is required to accept out General Terms upon submitting a Digital Artifact to our Service for review.

6. User Content

 

6.1     You retain all ownership rights to content which you are the lawful owner or licensee of (“User Content”) and which you make available to our Service via whatever mechanism our Service provides, excluding such items defined as Transmissions herein and subject to any other rights granted to YSI under this Agreement. 

 

6.2     By submitting User Content to our Service, you grant YSI an irrevocable, nonexclusive, worldwide, transferable, and fully paid license to copy, crop, reproduce, reformat, translate, display, summarize, paraphrase,  excerpt (in whole or in part) and distribute your User Content within our Service, or outside of it, to the extent required to accomplish objectives directly or indirectly related to same. 

 

6.3     In addition, the license you grant includes rights that allow YSI to create derivative works, or incorporate your User Content into other works, as YSI sees fit and as required by our Service. This license does not expire upon termination of this Agreement. You acknowledge and agree that YSI may retain archived copies of User Content for purposes related to our internal operations including but not limited to our compliance with applicable law and for other business purposes.

  

6.4     You represent, warrant, and guarantee that you have the full right, ability, and authority to make User Content available on our Service. You further represent, warrant, and guarantee that by making available User Content on our Service you are not violating any obligation owed by you to a Third Party, including without limitation obligations of confidentiality, privacy, attribution or intellectual property rights including, but not limited to, rights related to patent, trademark, copyright, or trade secrets.

7. YSI’s Limited License Granted to Users

 

7.1     All content on our Service, except for User Content, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Information”), are the property of YSI or its licensors with all rights reserved.

 

 7.2     If you meet the requirements of Eligibility and have properly gained access to our Service as provided for in this Agreement, then you are granted a limited license to use our Service and the Information, and to download and print a copy of any portion of the Information for non-commercial personal use, provided that you keep all copyright or other proprietary notices intact.

 

7.3     As pertaining to all the Information, except for User Content, you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation. 

 

7.4     Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on our Service. 

7.5     Absent prior written consent from YSI, you may not copy or imitate any elements of our Service, including but not limited to, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from YSI, you may not use framing, metatags, or hidden text techniques in association with our logo, trademark or other copyrighted or proprietary information. 

7.6     Unless expressly stated in this Agreement, or in a subsequent agreement entered into by YSI and a Guest Speaker or Member, nothing herein shall be construed as conferring any license to YSI’s intellectual property rights, in any form or by any mechanism. 

7.7     This YSI limited license is revocable by YSI at any time without notice and with or without cause.

8. Transmissions 

8.1     As defined herein, transmissions (“Transmissions”) may take the form of questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written or oral communications about, or concerning, our Service, provided by you to YSI, other than User Content. You acknowledge that Transmissions by you to and from our Service are non-confidential, and that others may read and/or intercept such Transmissions. 

8.2     YSI has the right, but not the obligation, at its sole discretion, to review any Transmissions using our Service and to edit or delete any Transmissions that violate any part of this Agreement.  You hereby consent to YSI’s collection and use of such Transmissions in accordance with our then current Privacy Policy and acknowledge that submitting Transmissions to our Service creates no financial or fiduciary relationship between you and YSI. 

8.3     By using our Service, you thereby assign all rights, title, and interest, including the copyright therein, in all Transmissions, to YSI. Accordingly, YSI shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you.  By submitting such Transmissions to our Service, you irrevocably waive all “moral rights” in such Transmissions.

9. Indemnification 

9.1     You agree to defend, indemnify, and hold YSI, its parents, subsidiaries, affiliates, officers, agents and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to your use of our Service, including but not limited to: (1) your submission to our Service of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.

9.2     YSI acknowledges and agrees that the indemnification sought in 9.1 is limited to acts that are directly or indirectly under your control regarding your use of, or inability to use, our Service, and does not extend beyond that. 

10. Limitations of Liability 

10.1     IN NO EVENT SHALL YSI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF YSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2     APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, YSI’S, TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO YSI IN EXCHANGE FOR ALLOWING YOU TO USE OUR SERVICE DURING THE PAST THREE MONTHS PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION OR PROCEEDING, OR $100.00 USD, WHICHEVER IS LESS.

11. DISCLAIMER 

11.1     YOU ACKNOWLEDGE THAT OUR SERVICE AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" BASIS AND THAT YSI MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING OUR SERVICE OR THE INFORMATION. YSI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

11.2     BY USING, OR ATTEMPTING TO USE, OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING: 

(1)     THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; 

(2)     YSI DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND 

(3)     YSI DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE OR ANY RELATED SERVERS ON WHICH IT RESIDES, OR RELIES, ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.

11.3     YSI RESERVES THE RIGHT TO IMPLEMENT CHANGES TO OUR SERVICE AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT. 

11.4     UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN OUR SERVICE TO ANY PRODUCTS, PROCESSES, SERVICES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY YSI’S ENDORSEMENT OR SPONSORSHIP THEREOF.

11.5     YSI DOES NOT PROVIDE  FINANCIAL SERVICES ADVICE. YSI IS NOT IN THE BUSINESS OF PROVIDING FINANCIAL, ACCOUNTING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. CONSULT THE SERVICES OF A COMPETENT PROFESSIONAL WHEN YOU NEED THIS TYPE OF ASSISTANCE. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT BY PROVIDING THE SERVICE TO YOU, UNDER THE TERMS AND CONDITIONS SET FORTH HEREIN, NO PROFESSIONAL RELATIONSHIP IS ESTABLISHED.

11.6     FURTHER A MEMBER OR GUEST SPEAKER IS PROHIBITED FROM DISCUSSING FINANCIAL INFORMATION ON OUR SERVICE THAT IS NOT KNOWN PUBLICLY. ANY LIABILITY RESULTING FROM SAID DISCLOSURES IS DISCLAIMED BY YSI IN ITS ENTIRETY.

12. Links 

12.1     Our Service may include hypertext links to other websites over which YSI has no control. YSI makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto. 

12.2     You hereby acknowledge that by using any such hypertext links, you irrevocably waive all claims against YSI regarding such websites and must adhere to the usage and privacy policies governing such sites. YSI’s usage of links does not imply our endorsement, or sponsorship, of any such websites.

 

13. Intellectual Property Rights of Third Parties

 

13.1     YSI respects the intellectual property rights of others and requires Users of our Service to do likewise. YSI prohibits Users from making available, in whatever form and by whatever mechanism, content on our Service that infringes upon any party’s intellectual property rights. 

 

13.2     YSI has the right to terminate the Account of any infringing Member or deny access to any infringing Guest Speaker and will take steps to do so immediately upon proper notification and in compliance with applicable law. You acknowledge and agree that a violation of the intellectual property rights of others on our Service triggers the Indemnification as provided for herein.

 

13.3    YSI strictly complies with the requirements of the Digital Millennium Copyright Act, Title 17, United States Code Section 512(c)(2) (“DMCA”). If you believe your copyright has been violated by any content on our Service, then you may send a written notification of such infringement to our Designated Agent as set forth below.

 

13.4    YSI has designated an agent to the U.S. Copyright Office to receive notifications of alleged copyright infringement relating to our Service. You must submit all such notifications, in a manner consistent with the DMCA, to YSI’s Designated Agent. Likewise, if you believe that your copyrighted content has been erroneously removed from our Service then you must send a counter notification to YSI’s Designated Agent in a similar DMCA compliant manner.

 

Send all DMCA compliant notifications to:

 

Yes She Invests, LLC

Privacy Officer

8450 NW Prairie View Rd #1082


Kansas City, MO 64153

816-535-1031

Email:  privacy@yessheinvests.com

14. Trademark 

14.1     All trademarks used on our Service are the property of their respective owners and may not be used without permission therefrom. 

14.2     Whether or not specifically designated as such, www.yessheinvests.com and all other colors, graphics, logos, sounds, images, icons and buttons displayed on our Service, or on Third Party sites, are or may be trademarks of YSI or its affiliates. 

14.3 Absent prior written consent from YSI, you may not copy, imitate, or use any portion of these marks.

15. User Conduct Restrictions: Impermissible Use and Activities

 

15.1     You agree not to use our Service to transmit data or code which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; (3) contains false or misleading information; (4) inhibits another User from use or enjoyment of our Service; (5) is defamatory, libelous or otherwise unlawful; (6) contains a virus or surreptitious code; (7) contains any type of commercial component or advertising; or (8) allows for the harvesting of email addresses or other contact information, or the harvesting of information of any kind. 

 

15.2     Furthermore, you agree not to use our Service to engage in the following kinds of activities: (1) transmit, upload, post, store, and share content of any kind, and by any other mechanism, that you are not the lawful owner or licensee of; (2) register for more than one Account or register an Account in the name of another; (3) impersonate a person or entity or make misrepresentations regarding affiliations of any kind; (4) engage in any kind of behavior that can reasonably be construed as SPAMMING; (5) upload content that YSI, in its sole discretions, considers pornographic; and (6) engage in any behavior likely to cause harm to YSI, our Service, its Users, or to the public at large.

16. Data Collection

 

16.1    Your Transmissions are subject to YSI’s Privacy Policy. By using our Service, you agree to review YSI’s Privacy Policy and to be bound by its terms and conditions.  From time-to-time YSI may change its Privacy Policy without notice to you, other than that provided for in the Policy. Your continued use of our Service, after the posting of any changes to said Policy, shall constitute your agreement and acceptance of such changes.

 

16.2     YSI does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 18, with or without parental consent. If you have a good faith belief that YSI has inadvertently collected such information, please contact YSI at privacy@yessheinvests.com. YSI will take immediate steps to remove such information from our Service and from any databases under YSI’s control.

17. Governing Law 

17.1     The laws of the State of Missouri, United States of America shall govern this Agreement, as well as YSI’s Privacy Policy, notwithstanding any principles of conflicts of law. 

17.2     You agree that any action at law or in equity arising out of or relating to this Agreement or YSI’s Privacy Policy, other than those disputes or claims subject to Arbitration as enumerated below, shall be filed only in state or federal court located in the State of Missouri, in a venue most proximate to Buchanan County, Missouri, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action.

18. Arbitration

18.1     Any claim or controversy arising among or between the parties hereto pertaining to our Service, or any claim or controversy arising out of, or with respect to, any matter contained in this Agreement, or any differences as to the interpretation or performance of this Agreement, other than those wherein either party has infringed or threatened to infringe the other party’s intellectual property rights, or wherein you have violated our User Conduct Restrictions, shall be settled by arbitration in the State of Missouri,. Such arbitration shall be before three arbitrators of the American Arbitration Association (the “AAA”) under its then prevailing rules. 

18.2     Intellectual property rights, as defined herein, include patent, copyright, trademark or trade secrets. You and YSI jointly acknowledge that arbitration is not an adequate remedy at law for actual or threatened infringement of either party’s intellectual property rights. Therefore, it is agreed that injunctive or other appropriate relief may be sought under these circumstances. 

18.3     In any arbitration involving this Agreement, the arbitrators shall not make any award that will alter, change, cancel or rescind any provision in this Agreement, and their award shall be consistent with the provisions of this Agreement. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose, or the claim is waived. 

18.4     The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.

19. Termination 

19.1     Either you or YSI may terminate this Agreement. You may terminate this Agreement by destroying all materials obtained from our Service and by providing a termination notice to YSI at admin@yessheinvests.com. YSI may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to our Service. 

19.2     Should you or YSI decide to terminate this Agreement then YSI will prevent access to your Account on our Service. YSI agrees to make a good faith effort to resolve an outstanding dispute between YSI and a User, if any exist, prior to termination. YSI, at its sole discretion, may restore access to your Account if the dispute has been resolved to its satisfaction.

19.3     You acknowledge and agree that termination of this Agreement by either party pertains solely to your use of our Service and has no effect on other contractual obligations that may exist between the parties, which remain in full force and effect.

19.4     Termination expressly does not prevent YSI from continued use of content you previously submitted to our Service.

20. Severability 

If any portion of this Agreement or of YSI’s Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.

21. Entire Agreement 

 

This Agreement contains all the terms and conditions agreed to by you and YSI with respect to your use of our Service. It supersedes all prior agreements, arrangements and communications between the parties dealing with same, whether oral or written.

22. Definitions and Constructions

Unless otherwise specified, the terms, “includes,” “including,” “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. 

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