Terms of Service

Terms of Service

Last Modified: 3/17/26

Welcome to Extraordinary Women on Boards. These Terms of Service (“Terms”) set forth the terms and conditions that apply to your access and use of our website https://www.ewobnetwork.com or our Member Site https://www.members.ewobnetwork.com (the “Website”), our mobile application, and any mobile applications we may develop in the future (each, an “App”), social media pages and your engagement with our services, including, without limitation, when you engage with us through a virtual or in-person event or otherwise, or when you make any purchases (such as a paid membership) (collectively, the “Services”). 

The terms “Extraordinary Women on Boards” or “EWOB” or “us” or “we” or “our” refer to Extraordinary Portfolios, LLC, a New York limited liability company, the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.

By using our Services, you expressly agree to these Terms.Please carefully review these Terms before using our Services, including, without limitation, the warranty disclaimers and releases set forth below, which limit our liability and your ability to bring certain claims against us.

BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED BELOW (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND EWOB WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. 

Please be aware that if you subscribe to Paid Services for an initial term then the terms of your subscription will be automatically renewed for additional periods of the same duration as the initial term at EWOB’s then-current fee for such services, unless you cancel your subscription in accordance with the Terms.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

Eligibility

You must be at least 18 years old to use our Services. If you do not meet this requirement, or if you do not want to agree to these Terms, you must not access or use the Services, and your use or continued use of the Services constitutes your agreement with these Terms. In using our Services, you represent and warrant that you meet the eligibility requirement to use our Services and have the authority to be bound by these Terms, including, without limitation, if you use our Services on behalf of another person or entity (in which case “you” will include that person or entity and that person or entity agrees to be responsible to us).

Modifications

These Terms may be amended at any time by us without specific notice to you. The “Last Modified” date above indicates when these Terms were last changed. All changes are effective   immediately when we post them. You should review the Terms prior to using the Services, so you are aware of any changes, as they are binding on you. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. 

Privacy Policy

You may provide certain information to EWOB in connection with your use of our Services or we may otherwise collect certain information about you when you use our Services. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy [www.ewobnetwork.com/privacy-policy]. You agree to receive all communications, agreements, and notices that we provide in connection with our Services electronically, including by email, SMS or text message (if you provide your manual consent to opt in to receive SMS or text messages) to the cell phone number associated with your account, or by posting them to your account on the Website or otherwise through our Services. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive SMS or text messages is not a condition of purchase. You may withdraw your consent to receive communications electronically at any time, but except as it relates to SMS text messages, if you withdraw such consent, you may be unable to use all or a portion of our Services.

Community Rules

Our Community Rules are incorporated by reference into these Terms, and your agreement to be bound by these Terms means you are also bound by these Community Rules:

  • Only EWOB Members and staff and affiliates of EWOB can access the member-facing portion of the Website to view, post, or comment on conversations. You may not delegate access to others.

  • All communications within the Member Site are intended for EWOB Members only, and you agree that you will maintain the confidentiality of the discussions on this platform and not share any information that might identify the identity or affiliation of the source of such information outside the group. Chatham House Rule applies.

  • You shall not share newsletters circulated to EWOB Members outside of the group. 

  • You agree not to use any AI enabled notetakers or applications during any EWOB Member meetings without prior notice to all other members attending such meetings. 

  • You agree that your communications within the website will not breach any confidentiality obligations or similar agreements between you and any third party. 

  • You agree to keep information about EWOB Members confidential.

  • You agree to be professional, kind, polite, and respectful of other Members.

  • You agree to endeavor to bring value to the discussions; be helpful; encourage others; highlight trends; and share relevant experiences and resources.

  • You agree you will not solicit EWOB Members in any way, or post commercial advertisements.

Use of Services

(a) Certain sections of, or offerings from, the Services may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information, and you agree to keep all such account registration information current. We do not permit you to allow (a) any other person or entity to use the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use and you are responsible for all activities that occur under your individual account.

(b) We reserve the right to close, suspend, or limit access to your account and/or the Services at any time, in our sole discretion, for any or no reason, including if: (a) we are unable to obtain or verify your identity or eligibility to use the Services; (b) the security of your account has been compromised; or (c) in our determination, you have violated any provision of these Terms. 

Online Purchases

Certain portions of the Services may be offered under a paid membership model (the “Paid Services”) in accordance with the following terms:

(a) Order Acceptance and Cancellation. Your order is an offer to buy or license, as applicable, the Services listed in your order. All orders must be accepted by us or we will not be obligated to provide the Services to you. We may choose not to accept any orders in our sole discretion.

(b) Term of Paid Services.  Your Paid Services will remain in effect until cancelled or terminated in accordance with these Terms. The initial term of your Paid Services is one year from the date that you first enroll in the Paid Services. To ensure uninterrupted service, EWOB will automatically bill you for the Paid Services for each successive one year renewal period, unless you cancel the Paid Services at least thirty (30) days prior to the renewal payment date by sending an email to hello@ewobnetwork.com or other email as provided by EWOB. In the event that you request a cancellation of the Paid Services after the renewal period begins, EWOB may charge you any payment processing fees charged to EWOB by its payment processors as part of the cancellation. EWOB will automatically charge you the applicable amount using the payment method you have on file under your account, and you authorize EWOB to make such charges. 

(c) Prices and Payment Terms. All prices posted on this Website, or otherwise provided to you, are subject to change without notice. The price charged for a Service will be the price in effect at the time the order is placed. We use third-party payment processors to process payments for the Paid Services. Posted prices do not include taxes, if any are applicable. All such taxes will be added to your merchandise total. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You authorize EWOB to confirm that your payment method is in good standing with a financial institution for the term of your use of the Paid Service. 

(d) Returns and Refunds. All Services offered on or via the Website and Member Site are non-returnable and non-refundable. You acknowledge that you are ineligible for a pro-rated refund of any amount of Paid Services paid for the then-current term at which you request cancellation of your Paid Services. 

Intellectual Property Rights

The Services and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof (collectively, the “Content”) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on the Services except as allowed by these Terms, and any such use except as allowed by these Terms is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services does not constitute a waiver of any right in such information and materials.

Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Extraordinary Women on Boards or our affiliates or licensors. You must not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

If you wish to make use of any material on the Services, please address your request to: hello@ewobnetwork.com. 

Limited License; Permitted Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. All other rights are reserved.

Restrictions and Prohibitions on Use

Your license for access and use of the Services and any Content therein are subject to the following restrictions and prohibitions on use:  you may not, without permission from EWOB, which may be withheld for any reason: (a) copy, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Services or any Content retrieved therefrom; (b) create compilations or derivative works of any Content from the Services; (c) use any Content from the Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Services; (e) make any portion of the Services available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (f) remove, decompile, disassemble or reverse engineer any software in the Services or use any network monitoring or discovery software to determine the Services architecture; (g) use any automatic or manual process to harvest information from the Services; (h) use the Services for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions or telephone solicitations; (i) use the Services in a manner that violates any state or federal law; (j) export or re-export the Services or any portion thereof, or any software available on or through the Services, in violation of the export control laws or regulations of the United States; and (k) use the Services in any way except as permitted by these Terms.

User Contributions

The Services may contain message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, the “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users content or other materials (collectively, “User Contributions”) on or through the Services.

All User Contributions must comply with the Community Rules set out in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution to the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successor, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above. 

  • All of your User Contributions do and will comply with these Terms. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not EWOB, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. Further, you understand, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Generated Output

Certain features of the Services use artificial intelligence tools and other technology (the “Generative Tools”) to generate text, audio, video, and other content (“Outputs”) in response to prompts and other inputs you submit to the Services (“Inputs”). Both Inputs and Outputs are considered User Contributions under these Terms, and as between you and EWOB, you own all right, title, and interest in and to any Inputs and Outputs, to the extent protectable under applicable law. The Generative Tools may include artificial intelligence and other tools and technologies provided by third parties, and you acknowledge that your use of the Generative Tools may involve access to your Inputs and Outputs by EWOB and/or such third parties, and that such access may be pursuant to agreements you enter into with those third parties, rather than or in addition to these Terms. You understand that due to the nature of the Generative Tools, Outputs you generate may not be unique, and it is possible that the Generative Tools may generate the same or similar Outputs for other users if the Inputs are similar. You acknowledge that the use of such Generative Tools may affect your ability to obtain or enforce any intellectual property rights in or to the Outputs. Although we are constantly striving to improve the Services and the quality and accuracy of Outputs, you acknowledge that artificial intelligence and machine learning technologies are rapidly evolving and may produce Outputs that are inaccurate, unreliable, inappropriate, infringing, or otherwise unsuitable or that do not meet your expectations.

You agree not to use the Generative Tools or the resulting Outputs in a manner that may infringe upon or violate the rights of any third party or violate any applicable laws, rules, or regulations, and you acknowledge and agree that (1) you are solely responsible for vetting and evaluating the accuracy, appropriateness, legality, and suitability for your use of any Outputs before using, including evaluating whether such use will infringe upon or violate the rights of others; and (2) you assume all risk associated with your use of the Generative Tools and its resulting Outputs and that EWOB will have no liability for such use.

You also acknowledge and agree that we and any third parties who provide any artificial intelligence technologies used to provide the Generative Tools may access and use your Inputs, Outputs and other User Contributions in order to train, improve, and develop such technologies and the Services and for other research and development purposes.

EWOB Events, Meetings and Presentations

EWOB may, from time to time, offer you the opportunity to participate in various events, meetings and/or presentations either virtually or in-person (the “Events”). Through your voluntary participation in the events, you understand that there are various instances in which your name, image, and likeness may be digitally captured and /or shared in connection with the Event (including, for example, via photographs taken at the event or guest lists distributed to attendees or other EWOB members). You grant EWOB the right to capture and record your name, image, and likeness through any and all means and make use of your name, image, and likeness for promotion and any other purposes related to EWOB in EWOB’s discretion throughout the world and in any and all forms of media now or hereafter devised. You acknowledge that any such recordings, images, photos, or other reproduction shall remain the property of EWOB. You expressly release EWOB, its officers, directors, employees, agents, consultants, licensees, successors and assigns from any and all claims or liability for injury, loss, damage, obligation, expense or penalty the you may sustain, including invasion of privacy or any other cause of action arising out of EWOB’s use of any of your name, image, or likeness.

Errors, Corrections and Changes

We may make changes to the features, functionality or content of the Services at any time, but such content features, or functionality may not be complete or up to date. Some or all of the Content may be out of date at any given time and we reserve the right in our sole discretion to edit or delete any information or Content appearing on the Services.

Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about EWOB or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or our Services, or to improve or develop new products, services, or our Services in EWOB’s sole discretion. EWOB will exclusively own all improvements to, or new, EWOB products or services based on any Feedback. You understand that EWOB may treat Feedback as nonconfidential.

Reliance on Information Posted and Third Party Content

The information presented on or through the Services is made available solely for general information purposes. While we try our best to, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Third-party products, services and material (“Third-Party Materials”) may appear on the Services, may be integrated into the Services or may be accessible via links from the Services. We are not responsible for and assume no liability for any Third-Party Materials on the Services. You understand and acknowledge that the information and opinions of third-parties represent solely the thoughts of that third-party author and are in no way endorsed by us. Your access to and use of such Third-Party Materials may be subject to additional terms, conditions, and policies (including terms of service or privacy policies of the applicable third party). 

If the Services contains links to other sites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to these Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Unlawful or Impermissible Activity

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to revoking User memberships, removing User Contributions, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Nontransferable

Your right to use the Services is not transferable or assignable and any such transfer or assignment is void in ab initio. Any password or right given to you to obtain information is not transferable or assignable.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, contractors, licensors, third party suppliers of information, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any and all liabilities, damages, judgments, awards, losses, costs, claims, fees and expenses, including reasonable attorney’s fees, related to your violation of these Terms or use of the Content or the Services, or any information obtained from the Content or the Services.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES. 

TO THE FULLEST EXTENT PROVIDED BY LAW, EXTRAORDINARY PORTFOLIOS, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

(a) In no event will we or an Affiliated Party be liable for any direct, indirect, special, incidental, punitive, consequential damages, or damages of any kind (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if foreseeable or advised of the possibility of such damages arising out of or in connection with your use, or inability to use the Services or any website linked to the Services.

(b) Notwithstanding Section (a) above, the aggregate liability of us and any Affiliated Party in connection with any claim arising out of or relating to the Services and/or the Content provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any Affiliated Party.

(c) The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The Services and the Content presented would not be provided without such limitations. 

Use of Information

We reserve the right, and you authorize us, to use and share, in any manner consistent with our Privacy Policy, all information regarding your use of the Services.  You agree and acknowledge that all remarks, suggestions, ideas, images, graphics, or other information communicated by you to us (collectively, a “Submission”) will be our property in perpetuity. We will not be required to treat any Submission as confidential and will not be liable for the use of any ideas provided by you (including without limitation, product, service or advertising ideas). We will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Copyright Complaints

We respect the intellectual property of others, and we ask you to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyright work that you claim has been infringed;

  • A description of where the infringing material is located on the Services;

  • Your address, telephone number, and email address;

  • A statement by you that you have a good faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can reach us directly by emailing us at hello@ewobnetwork.com with the subject “Copyright Infringement.” Please note that we may request additional information before removing any allegedly infringing material.

Severability and Survival

If any provision of these Terms is found invalid or unenforceable pursuant to judicial decision, the remainder of these Terms will remain valid and enforceable according to its terms. All terms that logically ought to survive the termination of these Terms shall survive.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and the Content provided therein.

Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND EWOB TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND EWOB FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND EWOB AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. EWOB AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. 

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

  1. Arbitrable Claims. For any dispute or claim that you have against EWOB, that EWOB has against you or that you have, or EWOB has, in each case arising from, relating to, or stemming from these Terms, our Services or any aspect of the relationship between you and EWOB as relates to these Terms or our Services, including any privacy or data security claims (collectively, “Arbitrable Claims,” and each an “Arbitrable Claim”), you and EWOB agree to attempt to first resolve the Arbitrable Claim informally via the following process. If you assert an Arbitrable Claim against EWOB, you will first contact EWOB by sending a written notice of your Arbitrable Claim (“Claimant Notice”) to EWOB by email to hello@ewobnetwork.com. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Arbitrable Claim; and (iii) set forth the specific relief sought. If EWOB asserts an Arbitrable Claim against you, EWOB will first contact you by sending a written notice of EWOB’s Arbitrable Claim (“Company Notice”), and each of a Claimant Notice and Company Notice, a “Notice”) to you via email to the primary email address associated with your account. The Company Notice must (A) include the name of an EWOB contact and the contact’s email address and telephone number; (B) describe the nature and basis of the Arbitrable Claim; and (C) set forth the specific relief sought. If you and EWOB cannot reach an agreement to resolve the Arbitrable Claim within thirty (30) days after you or EWOB receives such a Notice, then either party may submit the Arbitrable Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or EWOB first sends the applicable Notice so that the parties can engage in this informal dispute-resolution process.

  2. Binding Arbitration. Except for (i) individual disputes that qualify for small claims court or (ii) any disputes exclusively related to the intellectual property or intellectual property rights of you or EWOB, including any disputes in which you or EWOB seeks injunctive or other equitable relief for the alleged unlawful use of your or EWOB’s intellectual property rights or other infringement of your or EWOB’s intellectual property rights (“IP Claims”), all Arbitrable Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including, with respect to Arbitrable Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with subsection (a) above will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Arbitrable Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

  3. Governance. These Terms affect interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.

  4. Submission. All Arbitrable Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Terms as follows:

    1. YOU AND EWOB AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND EWOB ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against EWOB or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

    2. For any arbitration you initiate, you will pay the consumer filing fee, and EWOB will pay the remaining AAA fees and costs. For any arbitration initiated by EWOB, EWOB will pay all AAA fees and costs.

    3. For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (b) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (c) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. 

    4. If you or EWOB submits a dispute to arbitration and the arbitrator orders any exchange of information, you and EWOB agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and EWOB agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.  

    5. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

    6. The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against EWOB or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and EWOB understand and agree that when twenty-five (25) or more similar claims are asserted against EWOB or you by the same or coordinated counsel or are otherwise resolved, your or EWOB’s Arbitrable Claim might be delayed. For such coordinated actions, you and EWOB also agree to the following coordinated bellwether process. Counsel for the claimants and counsel for EWOB shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this staged process from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against EWOB or you.

  5. One Year to Assert Claims. To the extent permitted by law, any Arbitrable Claim by you or EWOB  relating in any way to these Terms, our Services, or any aspect of the relationship between you and EWOB  as relates to these Terms or our Services,must be filed within one year after such Arbitrable Claim arises; otherwise, the Arbitrable Claim is permanently barred, which means that you and EWOB  will not have the right to assert the Arbitrable Claim.

  6. Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at hello@ewobnetwork.com. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the Governing Law and Jurisdiction section below.

  7. Severability. If any portion of this section is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

  8. Other Jurisdictions. Notwithstanding anything to the contrary in the Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this section  or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.

Governing Law and Jurisdiction

These Terms and any claims made hereunder (including Arbitrable Claims) will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Arbitrable Claim is not subject to arbitration set forth above, then the state and federal courts located in New York County, New York will have exclusive jurisdiction. You and EWOB irrevocably waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

Force Majeure

We will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond our reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or delays us in fulfilling our obligations hereunder.

Assignment

You may not assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of EWOB. Any attempted assignment, delegation, or transfer in violation of this Section shall be null and void. These Terms may be assigned, subcontracted, delegated or otherwise transferred by EWOB in its sole discretion. These Terms of Service shall be binding upon any permitted assignees.

Contact Information

If you have any questions or concerns about these Terms, please email us at hello@ewobnetwork.com.