TERMS OF USE
These Vested Terms of Use apply when you access, use or visit the Vested website located at www.sheisvested.com (the “Site”), and the services provided through the Site (the Site and these services constituting the “Service”). The Service is provided to you by She is Vested LLC (referred to in these Terms of Use as “Vested” “we,” “us” and “our”). You must agree to these Terms of Use in order to use the Service. If you do not agree with these Terms of Use at any time, please cease use of the Service.
Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved (see Section 11 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 11(E). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. Updates to these Terms of Use. We may modify these Terms of Use from time to time. We will notify you of material changes to these Terms of Use by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Use take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Use.
2. Privacy Policy. In connection with your use of the Service, please review our Privacy Policy, located at www.sheisvested.com/privacy-policy to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
3. Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Service does not violate any applicable laws or regulations; (c) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Use.
4. User Registration and Accounts. You can visit and browse the Service without becoming a registered user of the Service, but you will not be able to sign up for or receive emails through the Service, unless you are a registered user of the Service. You can sign up to become a registered user of the Service by completing the registration process on the Site at www.sheisvested.com/intheknow. If you sign up to become a registered user of the Service, you agree: (i) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
5. Prohibited Activities; Social Media Guidelines
a. Prohibited Activities. You agree that in connection with your use of the Service, you will not:
i. use the Vested name, logo, trademark or branding in a way that confuses people about your affiliation or relationship with Vested;
ii. use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;
iii. transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
iv. impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
v. use the Service for purposes of advertisements or solicitations for jobs or employment, or otherwise use the Service to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service;
vi. use the Service in connection with any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;
vii. decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
viii. circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials (as defined in Section 6) or enforce limitations on use of the Service or the Materials on the Service.
b. Social Media Guidelines. If you access or use any of the Vested social media pages on Facebook or Instagram, or post any reviews or comments regarding your use of the Service on these social media services or other third party websites, we ask you to follow the following guidelines:
i. Please be polite and courteous. Bullying, name-calling, profanity, or anything that does not contribute to the Vested conversation of encouragement, gruesome language or the like, are not acceptable.
ii. All postings should come from a real person. Our community is important to us.
iii. Please verify that all information submitted is accurate and factual. Negative comments and complaints posted by you could be construed as claims about Vested or an individual and may be subject to libel laws and other legal claims.
iv. We would like to hear about your complaints or concerns regarding the Service before you share them publicly with others so that we can help resolve them for you. If you are a user and have a customer service comment, complaint, concern or idea, please email us at mercedes@sheisvested.com.
c. Our Intellectual Property Rights. All of the content on the Service (“Materials”) and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.
6. Our Management of the Service; User Misconduct
a. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (i) monitor or review the Service for violations of these Terms of Use and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; (iii) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (iv) screen our users, or attempt to verify the statements of our users and/or (v) monitor disputes between you and other users or to terminate or block you and other users from using the Service.
b. Interactions with other Users. Please choose carefully the information you share through the Service and that you give to other users of the Service. You assume all risks associated with dealing with other users with whom you come in contact through the Service.
c. Our Right to Terminate Users. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Service to any person for any reason or for no reason at all, as permitted by applicable law, including, without limitation, for breach of any representation, warranty or covenant contained in these Terms of Use, or any applicable law or regulation.
d. Third Party Sites. The Service may contain links to websites operated by third parties (“Third Party Sites”), and you may be able to share information with Third Party Sites through links on the Service; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. These Terms of Use do not apply to Third Party Sites. Before visiting a Third Party Site through links or other means provided on or through the Service, you should review the Third Party Site’s terms and conditions and privacy policy, and inform yourself of the regulations, policies and practices of these Third Party Sites.
7. Subscription Terms + Conditions
a. AVAILABILITY AND STREAMING QUALITY OF AVAILABLE CONTENT. Vested regularly updates the Available Content on the Service. Additionally, Vested may test certain Available Content or Service features by making them available to you for limited periods of time. In all cases, Vested reserves the right to make changes to, or remove from the Service, any or all Available Content at any time without notice and without liability to you or third parties. The playback resolution and quality of the Available Content depends on several factors. Vested makes no guarantee as to the resolution or quality of the Available Content you will receive when streaming, even if you have paid for access to such Available Content.
b. PAID CONTENT AND SUBSCRIPTION SERVICES. Vested offers monthly and annual subscription access to fee-based Available Content for a fee payable in advance on a monthly basis or on an annual basis. In addition, Members may have the ability to purchase additional services for additional fees and such additional services may be subject to additional terms that must be agreed upon in order to access the additional session or services. Except as expressly set forth herein, all fees are non-refundable once paid. All fees are in U.S. dollars. Any promotional or “trial basis” discounts offered are temporary and will terminate at the end of the applicable promotional period, but may be terminated earlier in Vested’s sole discretion. You agree to pay the applicable monthly or annual subscription fee in exchange for access to the relevant Available Content. The fee initially charged to you for your subscription will be the price posted on the Service on the date that you register as a Member. You may pay for your subscription fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). In order to process your payment, we may use a third-party payment processor. Our current payment processor is Stripe (https://stripe.com). Stripe will collect, use, and process your information, including payment information, in accordance with Stripe’s privacy policy (which may be accessed at https://stripe.com/privacy), and Stripe’s terms of service (which may be accessed at https://stripe.com/legal/consumer). We will charge your credit or debit card for your first subscription fee on the date that we process your order for your subscription. Once your credit or debit card is charged the first subscription fee, you will receive a confirmation e-mail notifying you of your ability to access those subscription- or Member-only portions of, and fee-based Available Content on, the Service.
IMPORTANT NOTICE: VESTED WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON EACH MONTHLY OR YEARLY (AS APPLICABLE) ANNIVERSARY OF THE DATE THAT VESTED FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE MEMBERSHIP SIGN-UP PROCESS, VESTED WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE MONTHLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE). IF YOU SIGN UP FOR A SUBSCRIPTION VIA A GIFT CARD OR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL PERIOD, UNLESS YOU HAVE CANCELED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE GIFT CARD PERIOD OR FREE-TRIAL PERIOD, AS AUTHORIZED BY YOU DURING THE MEMBERSHIP SIGN-UP PROCESS, VESTED WILL AUTOMATICALLY CHARGE YOU FOR THE FIRST MONTHLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE UPON THE EXPIRATION OF THE GIFT CARD PERIOD OR THE FREE-TRIAL PERIOD (AS APPLICABLE) AND EACH SUBSEQUENT MONTHLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE ON THE MONTHLY OR YEARLY (AS APPLICABLE) ANNIVERSARY OF THE DATE OF THE FIRST BILLING. EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE QUARTER OR ONE YEAR. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS OR BY CONTACTING VESTED AT MERCEDES@SHEISVESTED.COM PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT MONTHLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM. VESTED REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT MONTHLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT MONTHLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM.
c. AUTOMATIC RENEWAL TERMS: To facilitate continuity of service to you, each Gift Card membership or free-trial membership that becomes a paid membership subscription, and each paid membership subscription, contains automatic renewal terms. You agree that you will be charged the fee you agreed to (depending on your particular subscription agreement) for the length of time you agreed to, and that your subscription will automatically renew on those same terms until you cancel at any time by emailing mercedes@sheisvested.com, or through your Account Settings page, and you have read and agree to our Terms of Use and Privacy Policy. You represent and warrant that you are authorized to use the payment method designated, and you authorize Vested and our designated third-party payment processors to charge your designated payment card now and upon each renewal for the total amount of any fees you owe to Vested, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your access to the Available Content may be terminated. For subscription services, unless you submit a nonrenewal notice through the Service prior to the end of the then-current subscription term, your subscription will automatically renew. Applicable fees for such renewals will be at Vested’s then-current rates. If your subscription is not renewed, a cancellation will be effective on the next renewal date of your subscription following your notice of cancellation and your access to the fee-based Available Content will terminate at the end of your then current subscription term. Vested reserves the right, in its sole and absolute discretion, to change its subscription plans or adjust its access fees or subscription fees at any time (but not the price in effect for your then-current subscription term). Any such changes will take effect following notice to you.
d. CANCELLATION TERMS: YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY GOING TO YOUR ACCOUNT SETTINGS PAGE OR EMAIL MERCEDES@SHEISVESTED.COM (ATTN: LEGAL) FOR ASSISTANCE, EXCEPT THAT YOU WILL BE CHARGED SUBSCRIPTION FEES UNTIL THE EXPIRATION OF YOUR THEN CURRENT SUBSCRIPTION TERM AND SUBSCRIPTION FEES WILL NOT BE REFUNDED, IN WHOLE OR IN PART, SUBJECT TO APPLICABLE LAW. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM. VESTED REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.
e. Refunds: Vested is confident that a Vested membership subscription will provide you with helpful resources and community. However, if you do not find the tools and support you need, email us at mercedes@sheisvested.com and let us know. If you signed up for the Service via Vested’s Websites, email us within the first 14 days of initiation of your subscription stating that you want to discontinue your membership and we are unable to resolve your concern, we will offer you a full refund. Please allow approximately 3-5 business days for your refund to be processed and the refund will be applied to the payment card used to purchase the subscription. Refunds are not available on your subscription 14 days after purchase. Notwithstanding the foregoing, Vested reserves the right to deny you a refund if Vested, in our sole discretion, determines or has a reasonable belief that you have already redeemed membership benefits using your current account or via a new account you create. If you signed up for the Service via an App, any refund is subject to the applicable third party’s return policy. You can cancel within the settings of the applicable App store from which you purchased the subscription. For support in canceling, contact the applicable App store directly for assistance. The App from which you purchased your subscription is solely responsible for making refunds under its refund policy, and Vested will have no refund obligations for any such purchases. Vested is not liable for the Apps’ compliance or noncompliance with their own refund policies, and you release Vested from any claim relating to such policies. Regardless of which entity (Vested or the applicable App store) issues the refund, your membership benefits will expire upon the processing of your refund. For sake of clarity, you may not redeem or request more than one refund from either entity under your current account nor create multiple accounts for the purpose of repeatedly taking advantage of the refund set forth in this Section or otherwise avoiding payment obligations under this Agreement.
f. NOT PROFESSIONAL ADVICE; NO PROFESSIONAL RELATIONSHIP CREATED. While Vested may provide information related to business development, employee relations, mental health, entrepreneurship, and other professional services, such information is not intended to serve as a substitute for advice from a qualified business consultant, HR professional, attorney, or healthcare provider. Vested is not engaged in providing any professional advice. Your use of Vested’s services does not create any professional relationship, including but not limited to, a business advisor-client relationship between you and Vested or any of its representatives (including, but not limited to, Vested’s principal, Mercedes Leahy).
g. Vested assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Available Content or other information or material on this Service. Reliance on any information provided by Vested, Vested representatives or others contributing to the Service at the invitation of Vested, or subscribers to the Service, is solely at your own risk. Always seek the advice of qualified professionals with any questions you may have regarding business or healthcare. Never disregard professional advice or delay in seeking it because of something you have read on this Service.
8. Warranty Disclaimer; Limitation on Liability
a. Disclaimer of Warranties
i. To the extent permitted by applicable law, all material or items provided through the Service are provided “as is” and “as available,” without warranty or conditions of any kind. By operating the Service, we do not represent or imply that we endorse any materials or items available on or linked to by the Service, including, without limitation, content hosted on Third Party Sites, or that we believe any materials or items to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from use of the Service. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms of Use. You agree that your use of the Service will be at your sole risk. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the Service and your use thereof.
ii. To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the Service’s content, the content of any site linked to the Service, or information or any other items or materials on the Service or linked to by the Service. We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Service, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Service.
b. Limited Liability. To the extent permitted by applicable law, in no event shall we be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from your use of the Service, materials or any other content therein. Notwithstanding anything to the contrary contained in these Terms of Use, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms of Use, whether in contract, tort, or for breach of statutory duty or in any other way shall not exceed $50.
c. Exceptions to Disclaimers and Liability Limitations. Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the limitation or exclusions in Sections 9(A) and 9(B) may not apply to you.
9. Indemnity. You hereby agree, at your expense, to indemnify, defend and hold harmless, Vested, its officers, directors, investors, members, managers, partners, affiliates, employees, agents, service providers and other contractors from and against any loss, cost, damages, liability and/or expense, including reasonable attorney fees, arising out of or relating to third party claims, actions or allegations brought against Vested arising out of your use of the Service. You will not be required to indemnify and hold Vested harmless from and against any claims, liabilities, damages, losses, or expenses resulting from Vested’s own negligent conduct.
10. Legal Disputes and Arbitration Agreement
a. Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
i. Initial Dispute Resolution. We are available by email mercedes@sheisvested.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and Vested agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
ii. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 11(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Federal Arbitration Act.
iii. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by Vested if you do not prevail in arbitration.
iv. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
b. Class Action and Class Arbitration Waiver. You and Vested each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Vested each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 11(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
c. Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
d. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 11(B), 11(C), and 11(D) by sending written notice of your decision to opt-out to the following email: mercedes@sheisvested.com. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
11. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 11(B) do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 11, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Spokane County, Washington (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Washington for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Use or the Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
12. Applicable Law. You agree that federal laws and the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and Vested.
13. Notice to New Jersey Users. Notwithstanding any terms set forth in these Terms of Use, if any of the provisions set forth in Sections 9, 10 or 11 are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Use shall remain binding on you and Vested. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Use, nothing in these Terms of Use is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
14. Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: We are located at 4111 W Sunset Blvd #550, Los Angeles, CA 90029. If a user has a question or complaint regarding the Service, please send an email to mercedes@sheisvested.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
15. Notice to International Users. The Service is controlled and operated by Vested from its offices in the United States. We do not make any representations that the Service or any Materials are available or appropriate for use in your location. You agree to comply with all local rules applicable to you regarding user conduct on the Internet and acceptable content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
16. No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Use, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
17. Independent Contractors. Nothing in these Terms of Use shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
18. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of the applicable right or provision.
19. Severability. These Terms of Use operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
20. Assignment. We may assign our rights under these Terms of Use without your approval.
21. Entire Agreement. These Terms of Use constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
22. Contact Information. If you have any questions about the Service or these Terms of Use, you can contact Vested by email at mercedes@sheisvested.com.