These Terms of Service ("Terms") form a legal agreement between you and The Ladies Collective LLC, doing business under brands that currently include The Ladies of Richmond and may include The Bourg if formally adopted ("The Ladies Collective," "we," "us," or "our").
By accessing ladiescollective.com or another website that links to these Terms (each, a "Site"), installing or using any mobile or web application we make available (an "App"), applying for or purchasing a membership ("Membership"), or using any content, information, feature, product, registration, or resource offered through the Site, App, or Membership (collectively, the "Services"), you confirm that you have read and agree to these Terms, are legally able to enter into this agreement, and have authority to bind any organization on whose behalf you use the Services. "You" means the individual or entity identified as the user. If you do not agree, do not use the Services.
NOTICE REGARDING DISPUTE RESOLUTION. Section 16 contains an arbitration agreement, class-action waiver, and jury-trial waiver. Unless you timely opt out as described in Section 16.11, most disputes must be resolved through individual binding arbitration rather than in court.
Additional terms, policies, waivers, releases, event rules, purchase terms, and separately signed agreements presented through the Services are "Supplemental Terms" and are incorporated into these Terms. If Supplemental Terms conflict with these Terms, the Supplemental Terms control for their subject matter. A separate Membership Agreement controls Membership fees, benefits, renewal, cancellation, and other Membership matters. Together, these Terms and applicable Supplemental Terms are the "Agreement." Our Privacy Policy governs our handling of personal information.
We may revise the Agreement. We will post the revised version and update its effective or last-updated date. When required by law or when changes are material, we may also notify you by email, through your Account, or through the Services, and may require affirmative acceptance. If you do not agree to a material change, stop using the Services and take any steps required by your Membership Agreement. Continued use after the effective date of a revision constitutes acceptance where permitted by law. Please review the then-current Terms periodically.
1. DESCRIPTION OF SERVICES
The Services may include Membership, community and peer-group experiences, matching or introductions, events and programs, educational or facilitated experiences, partner offerings, products, digital features, and other services connected with The Ladies Collective.
1.1. Membership
You may apply for Membership through the Services. Submission of an application does not guarantee acceptance. If approved, your Membership is governed by the Membership Agreement presented to you, including its eligibility, dues, benefits, renewal, cancellation, suspension, and refund provisions.
1.2. Community and Peer Experiences
The Services may offer opportunities for members or users to connect with peers, participate in curated groups, receive introductions or matches, and learn from one another. We do not promise compatibility, friendship, business results, attendance, response, or any particular outcome from an introduction or group experience.
1.3. Events, Programs, and Facilitated Services
The Services may allow you to register, reserve space, join a waitlist, RSVP, or purchase access to events, trips, classes, workshops, programs, facilitated discussions, or other experiences. External facilitators, speakers, instructors, hosts, venues, transportation providers, or vendors may provide part or all of an offering. Additional fees and Supplemental Terms may apply. A registration is not confirmed until required payment and documents are received and confirmation is issued.
1.4. Educational and Other Courses
We may offer courses or educational sessions taught or supported by independent facilitators. Participation may require an additional fee and may be subject to capacity, prerequisites, attendance requirements, expiration dates, and separate rules disclosed at registration.
1.5. Service and Provider Disclaimers
The Services may connect you with independent facilitators, coaches, speakers, hosts, members, venues, vendors, partners, or other providers. Unless expressly stated in writing, those persons and businesses are not our employees, partners, agents, representatives, or joint venturers. We do not direct or control their independent services, although we may coordinate, monitor, or facilitate access. You accept third-party services and member-organized experiences at your own risk, subject to applicable law and any separate agreement with the provider.
1.6. Membership Add-Ons
We may offer optional products, upgrades, additional sessions, events, experiences, digital features, merchandise, partner benefits, or other add-ons ("Membership Add-Ons"). Add-ons may require additional fees and may have availability limits, eligibility requirements, expiration dates, and Supplemental Terms. Purchasing an add-on does not change the Membership Agreement unless expressly stated. Questions may be sent to admin@ladiescollective.com.
1.7. Eligibility Requirements
To use the Services, you must be at least eighteen (18) years old, have legal capacity to enter a binding contract, and not be prohibited from using the Services under United States law, the law of your residence, or other applicable law. You represent that you meet these requirements. We may adopt or change reasonable eligibility criteria and may refuse access where permitted by law.
2. REGISTRATION
When creating an account ("Account") or submitting an application, you must provide true, accurate, current, and complete information ("Registration Data") and promptly update it. You are responsible for all activity conducted through your Account.
You must protect your credentials, restrict access by minors and unauthorized persons, avoid sharing your Account or password, promptly notify admin@ladiescollective.com of suspected unauthorized use or a security breach, and sign out after each session when appropriate. You may not register under a false identity, impersonate another person, create an Account after being banned, or maintain more than one Account without permission.
We may remove or reclaim usernames and may require verification. Your Account is a means of accessing the Services, not property that you own. To the fullest extent permitted by law, you are responsible for access and use through your Account whether or not you personally authorized it.
3. OWNERSHIP AND LICENSE TO USE SERVICES
3.1. Use of the Services
The Ladies Collective, its licensors, suppliers, and service providers own all right, title, and interest in the Services and their software, design, arrangement, text, graphics, photographs, videos, logos, and other materials. Subject to the Agreement, we grant you a limited, revocable, nonexclusive, nontransferable license to use the Services for your personal, noncommercial purposes. All rights not expressly granted are reserved.
3.2. App License
If we offer an App, and subject to your compliance with the Agreement, we grant you a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to download, install, and use one copy on a device you own or control for personal or internal business use. An Apple-sourced App may be used only on Apple-branded products running iOS and as permitted by Apple usage rules. A Google Play-sourced App may include additional family-group rights provided by Google.
3.3. Trademarks
The Ladies Collective, The Ladies of Richmond, any adopted successor brand including The Bourg, chapter names, logos, graphics, service marks, trade names, and event identifiers are owned by or licensed to us and may not be used without written permission. You may not use them in a way that creates confusion, suggests authorization or affiliation, or promotes third-party products, merchandise, services, or events. You may not remove or obscure copyright, trademark, or proprietary notices. Other marks appearing through the Services belong to their respective owners.
4. USER CONTENT
4.1. Responsible Party for Content
Each user is solely responsible for content that user makes available through the Services ("User Content"). We are not required to pre-screen User Content, and you use User Content and interact with other users at your own risk. We may review, refuse, restrict, move, preserve, or remove User Content that violates the Agreement, creates legal or safety concerns, or is otherwise objectionable. User opinions are their own and do not necessarily reflect ours.
4.2. Ownership of Your Content
We do not claim ownership of User Content you submit ("Your Content"). You represent that you own or control all rights needed to submit Your Content and grant the license below. Except for Your Content, you acquire no ownership interest in content appearing through the Services. Personal information within Your Content is processed under our Privacy Policy, applicable law, and available settings or choices.
4.3. License to Your Content
Subject to applicable settings and law, you grant us a worldwide, nonexclusive, royalty-free, transferable, sublicensable license to host, cache, copy, reproduce, format, adapt for technical display, transmit, display, distribute, and create derivative works from Your Content as reasonably necessary to operate, secure, provide, promote, and improve the Services. Content placed in public or shared areas may be found, viewed, copied, modified, or redistributed by other users.
4.4. User Submissions
Text responses, chats, comments, suggestions, reviews, testimonials, photographs, videos, and other information you submit through the Services are "Submissions." You grant us a fully paid, worldwide, perpetual, royalty-free, nonexclusive, transferable, sublicensable license to cache, copy, distribute, transmit, display, reproduce, adapt, and otherwise use Submissions through the Services and other media for operational, promotional, and commercial or noncommercial purposes, subject to applicable law, privacy choices, and any separate release.
A Submission may become visible to other users or the public. We are not obligated to use or compensate you for a Submission and may remove it with or without advance notice. You may request removal by writing admin@ladiescollective.com, and we will take commercially reasonable steps where appropriate, but copies may remain in backups, legal records, or materials already shared by others. We cannot review every Submission and are not its publisher merely because we reserve moderation rights.
5. OTHER RESTRICTIONS ON USER CONDUCT
You may not use the Services for a purpose prohibited by the Agreement or law. You must follow any Community Guidelines and may not submit content or take action that infringes intellectual-property, privacy, publicity, or other rights; is unlawful, threatening, abusive, harassing, discriminatory, defamatory, deceptive, fraudulent, invasive, obscene, or offensive; constitutes unauthorized advertising, spam, or bulk messaging; involves unauthorized sales, contests, fundraising, recruiting, barter, or promotions; impersonates a person or entity; or discloses another person’s personal or confidential information without authorization.
6. RESTRICTIONS ON USE OF THE SERVICES
6.1. Acceptable Use
The license granted to you is conditioned on these restrictions. You may not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or commercially exploit any part of the Services; frame the Services or enclose our marks, content, layout, or forms; use hidden text or metadata containing our marks; modify, translate, adapt, merge, reverse engineer, decompile, disassemble, or create derivative works from the Services except where law prohibits restriction; use bots, spiders, crawlers, scrapers, data-mining tools, or other automated or manual processes to collect or download data; access the Services to build a similar or competing product; copy, republish, post, transmit, or display Services content except as authorized; remove proprietary notices; bypass or degrade security or access controls; impose an unreasonable load on our systems; introduce harmful code; disrupt operation; or attempt unauthorized access to data, files, credentials, or systems.
Updates, new features, and additions are governed by the Agreement. Unauthorized use may result in immediate suspension or termination and does not limit any other remedy available to us.
6.2. User Rules
Community, messaging, commenting, email, event, profile, or similar features are subject to these Terms, our Community Guidelines, and additional rules we publish (collectively, "Rules"). A violation of the Rules or Community Guidelines is a violation of the Agreement. We may remove violating content and temporarily suspend access, with notice when appropriate. A serious or particularly harmful first violation may result in immediate permanent termination. Report suspected abuse to admin@ladiescollective.com.
7. FEEDBACK
You submit ideas, suggestions, documents, and proposals about the Services ("Feedback") at your own risk. We owe no confidentiality or other duty concerning Feedback, and you represent that you have the right to submit it. You grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, nonexclusive, sublicensable right to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works from, and otherwise exploit Feedback for commercial or noncommercial purposes without compensation.
8. THIRD-PARTY SERVICES
8.1. Third-Party Websites, Apps, and Ads
The Services may link to third-party websites or apps or display third-party advertisements. Following a link may take you outside our Services without a separate warning, and the destination’s terms and privacy practices will apply. We do not control, review, approve, monitor, endorse, warrant, or assume responsibility for third-party sites, apps, ads, products, or services. Links are provided for convenience, and you use them and enter transactions at your own risk. Review the third party’s terms, privacy practices, and reputation before proceeding.
8.2. App Stores
If you obtain an App through Apple, Google, or another app marketplace (each, an "App Store"), availability depends on that App Store. The Agreement is between you and The Ladies Collective, not the App Store. As between us and the App Store, we are responsible for the App, its content, maintenance and support we promise, and claims concerning product liability, legal compliance, or intellectual-property infringement, subject to the Agreement. You are responsible for network access and charges and for App Store fees. You must comply with the App Store’s terms. The App Store and its subsidiaries are third-party beneficiaries of the portions of the Agreement relating to the App and may enforce those provisions.
8.3. Additional Terms for Google
If the Services use Google location, mapping, sign-in, or other APIs, your use of those features is also subject to the applicable Google terms and privacy policy. Use of an App obtained through Google Play is subject to Google Play and Google terms and policies.
8.4. Additional Terms for Apple Apps
For an App obtained through Apple’s App Store, you and The Ladies Collective acknowledge that the Agreement is between you and us, not Apple, and we are solely responsible for the App and its content. Your use must comply with Apple’s terms. Apple has no obligation to provide maintenance or support. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the App purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation.
As between Apple and us, we are responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to a warranty failure and for addressing claims relating to the App, including product-liability, regulatory-compliance, consumer-protection, and intellectual-property claims, to the extent required by the Agreement or law. Apple and its subsidiaries are third-party beneficiaries of the App-license provisions and may enforce them. You must comply with all applicable third-party terms when using the App.
9. PAYMENT
9.1. Payment Terms
Payment Terms for Membership. Please refer to your Membership Agreement for information about Membership fees and their terms.
Payment Terms for Other Services. You agree to pay all fees and charges associated with your Account under the prices and billing terms in effect when payment becomes due. You must provide a valid card or other payment method accepted by us ("Payment Provider"). Your agreement with the Payment Provider governs your use of that payment method and determines your rights and obligations with the provider.
By providing payment information, you authorize us and our payment processor to charge or invoice your Account for amounts due without additional notice or consent except where law requires otherwise. You must promptly update your billing address and payment information. We may change prices or billing methods upon notice. Membership fee changes and related cancellation rights are governed by the Membership Agreement.
Refund Policy for Services. Except where prohibited by law or expressly stated in Supplemental Terms, payments made through the Services are final and nonrefundable. Membership-fee refunds are governed by the Membership Agreement.
9.2. Third-Party Payment Processor
We use Stripe, Inc. ("Stripe") for payment-card acceptance, processing, merchant settlement, and related payment services. Stripe’s handling of information is described in the Stripe Privacy Policy.
Purchases processed by Stripe are also subject to the Stripe Services Agreement. Stripe’s terms govern Stripe’s services. We generally do not receive your full payment-card number.
10. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify (meaning reimburse) and hold harmless The Ladies Collective LLC and its members, managers, parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers (collectively, "Ladies Collective Parties") from losses, costs, liabilities, and expenses, including reasonable attorneys’ fees, relating to or arising from: (a) Your Content; (b) your misuse of the Services; (c) your violation of the Agreement or another agreement referenced in it; (d) your violation of another party’s rights, including another member’s rights; or (e) your violation of law, rules, or regulations. We may, at our own cost, assume exclusive defense and control of a matter otherwise subject to your indemnification obligation, in which case you will fully cooperate in asserting available defenses. This Section survives termination of the Agreement or your access to the Services.
11. DISCLAIMER OF WARRANTIES AND CONDITIONS
11.1. As Is
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ATTENDANCE AT MEMBER-ORGANIZED OR THIRD-PARTY EVENTS IS AT YOUR SOLE RISK. THE SERVICES AND SUCH EVENTS ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LADIES COLLECTIVE PARTIES DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REPRESENTATIONS, AND CONDITIONS, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE LADIES COLLECTIVE PARTIES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS; THAT CONTENT OR DATA WILL BE ACCURATE, COMPLETE, OR CURRENT; THAT USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ERRORS WILL BE CORRECTED; THAT USE WILL NOT CREATE ADDITIONAL SECURITY RISK; OR THAT THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICES. CONTENT IS ACCESSED OR DOWNLOADED AT YOUR RISK, AND YOU ARE RESPONSIBLE FOR RESULTING DAMAGE OR LOSS. SERVICES MAY EXPERIENCE DELAYS, CANCELLATIONS, OUTAGES, OR OTHER DISRUPTIONS. WE MAKE NO WARRANTY ABOUT THEIR QUALITY, EFFECTIVENESS, REPUTATION, OR OTHER CHARACTERISTICS.
Some jurisdictions do not permit limits on implied warranties. If those laws apply, some disclaimers may not apply and you may have additional rights.
11.2. No Liability for Conduct of Third Parties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE LADIES COLLECTIVE PARTIES ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING MEMBERS, USERS, EVENT HOSTS, FACILITATORS, VENUES, VENDORS, TRANSPORTATION PROVIDERS, PAYMENT PROCESSORS, OR OPERATORS OF EXTERNAL SITES. YOU ACCEPT THE RISK OF INJURY OR LOSS ARISING FROM THIRD-PARTY CONDUCT.
12. LIMITATION OF LIABILITY
12.1. Disclaimer of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, THE LADIES COLLECTIVE PARTIES WILL NOT BE LIABLE FOR LOST PROFITS OR REVENUE; INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; OR COSTS OR DAMAGES ARISING FROM LOST DATA, PRODUCTION, USE, BUSINESS INTERRUPTION, OR SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT ADVISED THAT SUCH DAMAGES WERE POSSIBLE. THIS INCLUDES LOSSES THAT WERE NOT REASONABLY FORESEEABLE WHEN THE AGREEMENT WAS FORMED OR WERE NOT CAUSED BY OUR BREACH. WE DO NOT EXCLUDE LIABILITY WHERE DOING SO WOULD BE UNLAWFUL, INCLUDING LIABILITY THAT CANNOT BE EXCLUDED FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
12.2. Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE LADIES COLLECTIVE PARTIES TO YOU WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THIS CAP DOES NOT APPLY WHERE PROHIBITED BY LAW. SOME STATES DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME OF THIS SUBSECTION MAY NOT APPLY TO YOU.
12.3. User Content and Settings
The Ladies Collective Parties assume no responsibility for the timeliness, deletion, misdelivery, corruption, or failure to store User Content, communications, account information, or personalization settings.
12.4. Basis of the Bargain
The damage exclusions and liability limits above are fundamental elements of the agreement between you and The Ladies Collective.
13. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe content on the Services infringes your copyright, send our designated Copyright Agent a notice containing: (1) the electronic or physical signature of the copyright owner or authorized representative; (2) identification of the copyrighted work claimed to be infringed; (3) identification and location of the allegedly infringing material sufficient for us to find it; (4) your address, telephone number, and email address; (5) a statement that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or law; and (6) a statement, under penalty of perjury, that the notice is accurate and you are the owner or authorized to act for the owner.
Copyright notices should be sent to: Copyright Agent, The Ladies Collective LLC, 5900 Balcones Drive #20872, Austin, Texas 78731; legal@ladiescollective.com.
14. TERMINATION
We may modify, suspend, or discontinue all or part of the Site, App, or Services, with or without notice where permitted by law and without liability to you or a third party. When reasonably possible, we may provide advance notice. We may automatically update an App for performance, functionality, operating-system compatibility, or security, or require you to install an update. Failure to install an update may prevent continued use. Planned maintenance and unplanned outages may occur.
The quality and availability of internet-based Services may be affected by circumstances outside our control. We are not responsible for connectivity issues or loss of material, data, transactions, or information caused by planned or unplanned outages, to the fullest extent permitted by law.
If we permanently discontinue an App, we may provide approximately thirty (30) days’ notice when reasonably practicable.
We may suspend or terminate some or all access if you breach the Agreement or another referenced agreement, if law requires us to do so, or if you engage in unauthorized, fraudulent, abusive, harmful, or illegal activity. Terminations for cause are within our reasonable discretion, and we may pursue civil, criminal, or injunctive relief. After termination, the Agreement remains enforceable as to provisions intended to survive, and unpaid amounts remain due.
15. INTERNATIONAL USERS
The Services may be accessible from other countries and may refer to offerings unavailable there. Such references do not mean we intend to offer them in every country. The Services are controlled and offered from the United States. We do not represent that they are appropriate or available in another location. Users accessing from outside the United States do so voluntarily and are responsible for local-law compliance.
16. DISPUTE RESOLUTION
Please read this arbitration agreement ("Arbitration Agreement") carefully. It generally requires you and The Ladies Collective to resolve Disputes through binding individual arbitration. A non-U.S. resident may retain rights to bring a claim in local courts where local law requires. PLEASE BE AWARE THAT THIS SECTION 16 CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND THE LADIES COLLECTIVE HAVE AGAINST EACH OTHER WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION 16 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND THE LADIES COLLECTIVE BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS SECTION 16 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.
16.1. Applicability of Arbitration Agreement
Except for the exclusions below, any dispute, claim, or disagreement arising from or relating to the Services, communications, products, registrations, the Agreement, or the relationship between you and us, including disputes predating these Terms or arising after termination (each, a "Dispute"), will be resolved by binding arbitration rather than court. Either party may bring an eligible claim in small-claims court if it remains there, and either may seek equitable relief in court for infringement or misuse of intellectual-property rights.
16.2. Informal Dispute Resolution Conference
Before commencing arbitration or a small-claims action, the initiating party must send written notice and participate personally in a good-faith telephone or video conference intended to resolve the Dispute ("Informal Dispute Resolution Conference"). Counsel may participate, but the parties must also participate. Unless extended by written agreement, the conference will occur within forty-five (45) days after receipt of notice.
Notice to us must be sent to legal@ladiescollective.com or The Ladies Collective LLC, 5900 Balcones Drive #20872, Austin, Texas 78731. It must include the sender’s name, telephone number, mailing address, account email; counsel’s contact information, if any; and a description of the Dispute.
16.3. Individualized Informal Process
A separate Informal Dispute Resolution Conference is required for each initiating person, even when the same counsel represents multiple people, unless all parties agree otherwise. The parties may continue settlement communications before the conference. Completion of this process is a condition that must occur before arbitration. Applicable limitation periods and filing deadlines are tolled during the required informal process to the extent permitted by law.
16.4. Waiver of Jury Trial
YOU AND THE LADIES COLLECTIVE WAIVE CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND TO A TRIAL BEFORE A JUDGE OR JURY FOR DISPUTES SUBJECT TO ARBITRATION. SUCH DISPUTES WILL BE DECIDED BY AN ARBITRATOR, EXCEPT AS PROVIDED IN SECTIONS 16.1 AND 16.8. ARBITRATION DOES NOT INCLUDE A JUDGE OR JURY, AND JUDICIAL REVIEW OF AN AWARD IS LIMITED.
16.5. Waiver of Class or Other Non-Individualized Relief
EXCEPT AS PROVIDED IN SECTION 16.10, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY INDIVIDUALLY, NOT AS A PLAINTIFF OR MEMBER OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND ONE USER’S DISPUTE MAY NOT BE CONSOLIDATED WITH ANOTHER’S. An arbitrator may award declaratory or injunctive relief only for the individual claimant and only as necessary for that claim. If a final nonappealable court decision finds this restriction invalid for a particular claim or remedy, only that claim or remedy will be severed and litigated in a court with jurisdiction; the remaining Disputes will proceed in arbitration or small-claims court. This does not prevent participation in a court-approved class settlement after a competent court finds the prohibition unenforceable.
16.6. Rules and Forum
The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs this Arbitration Agreement. If the informal process does not resolve the Dispute within sixty (60) days after notice, either party may begin binding arbitration administered by JAMS. Claims under $250,000, excluding attorneys’ fees and interest, will use the current JAMS Streamlined Arbitration Rules; other claims will use the current JAMS Comprehensive Arbitration Rules. If JAMS is unavailable, the parties will select another provider. Fees are allocated under the applicable rules.
A request for arbitration ("Request") must identify the initiating party and account; state the legal claims and factual bases; describe the requested remedy and provide a good-faith calculation of the amount in controversy; certify completion of the informal process; and include proof of required filing fees. Counsel must provide contact information and sign the Request, certifying after reasonable inquiry that it is not filed for an improper purpose, legal contentions are warranted or supported by a nonfrivolous argument, and factual and damages contentions have or are likely to obtain evidentiary support.
Unless the parties agree otherwise or Section 16.10 applies, arbitration will occur in the county where you reside or remotely as the applicable rules permit. The arbitrator may allow a limited, reasonable exchange of information. Arbitration materials must remain confidential except when shared with attorneys, accountants, business advisors, the provider, or others legally entitled to receive them, subject to appropriate confidentiality duties.
16.7. Arbitrator
The arbitrator will be a retired judge or attorney licensed in Texas and selected from JAMS’s consumer-arbitrator roster. If the parties do not agree within thirty-five (35) days after delivery of the Request, JAMS will appoint the arbitrator under its rules. When Section 16.10 applies, JAMS may appoint an arbitrator for each batch.
16.8. Authority of Arbitrator
Except as stated below, the arbitrator has exclusive authority to decide a Dispute, including interpretation, scope, enforceability, revocability, or validity of this Arbitration Agreement. A court, not the arbitrator, will decide disputes concerning enforceability of the individual-action and jury-waiver provisions; payment of arbitration fees except as expressly assigned under Section 16.10; satisfaction of conditions precedent; and which version of the Arbitration Agreement applies.
Except under Section 16.10, arbitration will not be joined or consolidated with another matter. The arbitrator may decide dispositive motions, must issue a written award explaining essential findings and any damages calculation, and may grant relief available under applicable law. The award is final and binding and may be entered as a judgment in a court with jurisdiction.
16.9. Attorneys’ Fees and Costs
Each party will bear its own attorneys’ fees and costs unless applicable law or the arbitrator permits an award because a claim or requested relief was frivolous or pursued for an improper purpose. A party obtaining a court order compelling arbitration may recover reasonable costs and attorneys’ fees where permitted. The prevailing party in a court action over compliance with a condition precedent, including the informal process, may recover reasonable fees and costs where permitted by law.
16.10. Batch Arbitration
If one hundred (100) or more substantially similar individual Requests are filed against The Ladies Collective within a thirty (30)-day period by or with the assistance of the same or coordinated law firms or organizations, JAMS may administer them in batches of up to 100, appoint one arbitrator per batch, and use one procedural schedule, hearing, set of administrative fees per side, and final award for each batch ("Batch Arbitration"). Requests are substantially similar when they involve the same or similar events, legal issues, and relief.
A disagreement about whether batching applies will be decided by a standing administrative arbitrator appointed by JAMS. The parties will cooperate in good faith to implement efficient procedures, which may include a discovery special master or expedited calendar. This provision does not authorize class, collective, or mass arbitration or joint claims except for the limited batch administration expressly described here.
16.11. Thirty-Day Right to Opt Out
You may opt out of this Arbitration Agreement by sending written notice to legal@ladiescollective.com or The Ladies Collective LLC, 5900 Balcones Drive #20872, Austin, Texas 78731, within thirty (30) days after you first become subject to it. The notice must include your name, address, account email, and an unequivocal statement that you are opting out. The rest of the Agreement remains effective. Opting out does not affect another arbitration agreement you may have with us.
16.12. Invalidity and Expiration
Except as otherwise provided in Section 16.5, if a part of this Arbitration Agreement is invalid or unenforceable, that part will be severed and the remainder will remain effective. A Dispute must be initiated within the applicable statute of limitations. The same limitation periods that would apply in court apply in arbitration.
16.13. Modification
If we make a future material change to this Arbitration Agreement, you may reject that change by writing legal@ladiescollective.com or the mailing address above within thirty (30) days after the change becomes effective. A change does not create a new opt-out opportunity for a version you previously accepted and did not timely opt out of. If you reject a change, the version you previously accepted remains in effect. We will honor valid prior opt-outs.
17. GENERAL PROVISIONS
17.1. Electronic Communications
Communications between you and us may be electronic, including through the Services or email. For contractual purposes, you consent to electronic communications and agree that electronic agreements, notices, disclosures, and other communications satisfy legal writing requirements, without affecting rights that cannot be waived.
17.2. Assignment
You may not assign, subcontract, delegate, or transfer the Agreement or your rights or duties without our prior written consent, and an attempted unauthorized transfer is void. We may assign the Agreement in connection with a merger, reorganization, financing, acquisition, sale of assets, or transfer of all or part of our business, subject to applicable law.
17.3. Force Majeure
We are not liable for delay or failure caused by circumstances outside our reasonable control, including natural disasters, severe weather, fire, flood, epidemic, war, terrorism, civil unrest, embargo, government or military action, labor disputes, transportation or utility interruption, network failure, vendor failure, or shortages of fuel, energy, labor, or materials.
17.4. Exclusive Venue
For litigation permitted under the Agreement, you and The Ladies Collective consent to exclusive jurisdiction and venue in the state or federal courts located in Fort Bend County, Texas, or the federal district encompassing that county.
17.5. Governing Law
THE AGREEMENT AND RELATED ACTIONS ARE GOVERNED BY TEXAS LAW, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT APPLYING CONFLICT-OF-LAW PRINCIPLES THAT WOULD SELECT ANOTHER JURISDICTION’S LAW. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY.
17.6. Notice
You must keep your email address current. If your last-provided email address is invalid or cannot receive notice, our dispatch of notice to that address may still constitute effective notice where permitted by law. Formal notice to us must be sent to The Ladies Collective LLC, 5900 Balcones Drive #20872, Austin, Texas 78731, with a copy to legal@ladiescollective.com. Mailed notice is effective when received by nationally recognized overnight delivery or first-class prepaid mail.
17.7. Questions, Complaints, and Claims; Waiver
Questions, complaints, or claims concerning the Services may be sent to admin@ladiescollective.com or The Ladies Collective LLC, 5900 Balcones Drive #20872, Austin, Texas 78731. Legal notices and disputes should be sent to legal@ladiescollective.com. We will make reasonable efforts to address concerns. A waiver or failure to enforce a provision on one occasion is not a waiver of that provision or another provision on a later occasion.
17.8. Severability
Subject to Section 16, if a portion of the Agreement is invalid or unenforceable, it will be interpreted or modified as closely as lawful to reflect the parties’ original intent, and the remainder will remain in effect.
17.9. Export Control
You may not use, export, import, or transfer the Services except as authorized by United States law and other applicable laws. The Services may not be exported or re-exported to a U.S.-embargoed country or to a person on a U.S. government restricted-party list. By using the Services, you represent that you are not located in an embargoed or designated terrorist-supporting country and are not on a prohibited or restricted-party list.
17.10. Consumer Complaints
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
17.11. Entire Agreement
To the extent permitted by law, the Agreement is the final, complete, and exclusive agreement between you and The Ladies Collective concerning its subject matter and supersedes prior discussions on that subject. A separately executed Membership Agreement or offering-specific agreement remains independently enforceable according to its terms.