the collective - terms of service

Terms of Service

Effective Date: June 1, 2024

Welcome, and thank you for your interest in The Collective. The Collective is a service provided by Impact Haven, LLC. (“Impact Haven,” “we,” or “us”) and our website at www.impacthaven.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, our “Service”). These Terms of Service are a legally binding contract between you and Impact Haven regarding your use of the Service.

**PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING IMPACT HAVEN’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND IMPACT HAVEN’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY IMPACT HAVEN AND BY YOU TO BE BOUND BY THESE TERMS.**

**Arbitration Notice.** Except for certain kinds of disputes described in Section 13, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND IMPACT HAVEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (see Section 13).

1. **Impact Haven Service Overview.** Impact Haven provides professional networking services designed to connect and support women and nonbinary founders and executives. 

2. **Eligibility.** You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us:

   - That you are at least 18 years old;

   - That you have not previously been suspended or removed from the Service;

   - That your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

3. **Accounts and Registration.** To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.

4. **General Payment Terms.** Certain features of the Service may require you to pay fees. You agree to pay all applicable fees related to your use of the Service. We may suspend or terminate your account and/or access to the Service if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed. By providing a payment method, you expressly authorize Impact Haven to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto, all of which depend on the Services you utilize and the payment terms provided. Members may cancel at any time. There are no refunds.

5. **Licenses.**

   - **Limited License.** Subject to your complete and ongoing compliance with these Terms, Impact Haven grants you, solely for your personal use, a limited, non-transferable, non-exclusive, revocable license to access and use the Service.

   - **License Restrictions.** Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, or publicly perform the Service; (ii) make modifications to the Service; or (iii) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

6. **User Content.**

   - **User Content.** Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

   - **Limited License Grant to Impact Haven.** By posting or publishing User Content, you grant Impact Haven a worldwide, non-exclusive, royalty-free, fully paid, and transferable license to host, store, transfer, display, perform, reproduce, modify, create derivative works of, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

7. **Prohibited Conduct.** BY USING THE SERVICE YOU AGREE NOT TO:

   - Use the Service for any illegal purpose or in violation of any local, state, national, or international law;

   - Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third-party intellectual property rights;

   - Post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;

   - Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit the use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

   - Interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service.

8. **Modification of these Terms.** We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will take reasonable steps to notify you of such change. The modified Terms will be effective upon the earlier of your continued use of the Service with actual knowledge of the modified Terms, or 30 days following the publication of the modified Terms on the Service. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the dispute arose.

9. **Term, Termination and Modification of the Service.**

   - **Term.** These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this Section 9.

   - **Termination.** If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Impact Haven may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@impacthaven.com.

   - **Effect of Termination.** Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Service; (ii) you will no longer be authorized to access your account or the Service; (iii) you must pay Impact Haven any unpaid amount that was due prior to termination; and (iv) all payment obligations accrued prior to termination and Sections 6, 7, 9, 10, 11, 12, and 13 will survive.

10. **Indemnity.** To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Impact Haven and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Impact Haven Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (i) your use of, or misuse of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

11. **Disclaimers; No Warranties.** THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE IMPACT

1:1 COACHING TERMS and conditions

  • All coaching fees paid to Impact Haven are nonrefundable

  • Coaching sessions purchased must be used within the month or quarter paid for and do not roll-over unless formally agreed upon in writing

  • Coaching services are delivered as time spent on zoom or in person with client, there are no external deliverables for these services.

Consulting Terms and Conditions

  • Introduction

    • 1.1 These terms and conditions ("Agreement") govern the relationship between Impact Haven, LLC ("Agency") and the client ("Client") for the provision of creative services.

  • Scope of Work

    • 2.1 The Agency agrees to provide creative services as outlined in the invoice detail, agreed upon by both parties.

    • 2.2 The Client agrees to provide all necessary information, materials, and approvals required for the completion of the project in a timely manner.

    • 2.3 Any changes or additions to the scope of work must be agreed upon in writing by both parties and may result in additional fees.

  • Fees and Payment

    • 3.1 The Client agrees to pay the Agency the agreed-upon fees for the services rendered.

    • 3.2 Payment terms, including invoice schedule and accepted payment methods, will be outlined in the invoice detail
      3.3 The Client acknowledges and agrees that all fees paid to the Agency are non-refundable.

  • Intellectual Property

    • 4.1 The Agency retains ownership of all intellectual property rights in any concepts, designs, or materials created for the Client, unless otherwise agreed upon in writing.

    • 4.2 Upon full payment of the fees, the Agency grants the Client a non-exclusive, royalty-free license to use the final deliverables for the agreed-upon purpose.

    • 4.3 The Client warrants that any materials provided to the Agency for the project do not infringe upon the intellectual property rights of any third party.

  • Confidentiality

    • 5.1 Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project.

    • 5.2 The Agency may showcase the completed project in its portfolio or promotional materials, unless otherwise agreed upon in writing.

  • Termination

    • 6.1 Either party may terminate this Agreement by providing written notice to the other party.

    • 6.2 In the event of termination, the Client will pay for all services rendered and any additional costs incurred up to the termination date.

  • Limitation of Liability

    • 7.1 The Agency will exercise reasonable care and skill in the provision of its services. However, the Agency will not be liable for any loss, damages, or expenses incurred by the Client or any third party.

  • Governing Law and Jurisdiction

    • 8.1 This Agreement shall be governed by and construed in accordance with the laws of Texas.

    • 8.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Texas.

  • Mandatory Mediation

    • The Parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through negotiation between their executives or appropriate representatives.  In the event the Parties are unable to reach agreement, they will enter into a process of mediation in Austin, TX under the supervision of a mutually agreed upon mediator.  

      In the event that mediation fails to settle such a dispute, the Parties agree that they will proceed to arbitration in Austin, TX pursuant to the then existing rules of the JAMS.  Judgment upon the award rendered may be entered in any court having jurisdiction thereof.  In the event of arbitration, the non-prevailing party will be responsible to pay all costs of arbitration, the prevailing party’s reasonable attorney’s fees, costs and other disbursements, plus legal interest on the award.