Terms of Use

Hello and Welcome to backHer, the online website service of backHer, Inc. This site is created for the benefit of all and is subject to the TERMS AND CONDITIONS set forth.

By accessing or using the backHer website ("we", "us", "the Site", "the Service"), you are indicating that you have read, understand and are bound by our TERMS AND CONDITIONS and agree to abide by them. Occasionally, the Terms are amended. It is your responsibility to read the Terms periodically to be informed of any changes. Continuing to access our Site after any changes constitutes that you accept the changes.

You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack. You have permission to use The Site only for it's intended purpose and you will not alter or modify any part of The Site other than what is necessary for the intended purpose of The site. You may not take any action that causes any interference to The Site.

Don't try to directly or indirectly hack Our Site, gain access to anyone's personal information, gain access to code or source material, jam or interfere with the functioning of The Site in any way. You must not misuse The Site.

All users release backHer, it's officers, employees, agents and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of, or in any way related to The Service.

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 Our Site or to your downloading of any material posted on it, or on any website linked to it.

We make no guarantees of any kind regarding The Service and offer no refunds.

We are operated by backHer LLC and created for the sole purpose of moving the world forward by emphasizing the need for financial backing of Women and Women directed projects. Study after study indicate the overall benefit of having women in leadership roles yet women have traditionally not been in leadership positions. We hope to play a small part in changing this paradigm.

We provide a place for the worldwide community to post projects and raise funds for Women-led  projects. With this purpose, The Site is open to all and all are welcome. You do not need to register to use The Site although by registering, you may post projects and interact with other users of The Site. You are responsible for all your actions in connection with The Site and are bound by these terms of use. From time to time we update the terms of use, the updates are published here and each update is dated. Your continued use of The Site indicates your acceptance of the terms and conditions.

It's easy, free and allows you greater benefits of The Site. Complete and accurate information must be supplied to register. You cannot register under any other name with the intent to impersonate. You are responsible for keeping secure your account, your passwords and account name. By providing us with your email address, you authorize us to send you important updates to Our Service. We have taken reasonable technical measures to protect your personal information, however, we are not responsible if unauthorized third parties gain access to your account information. You shall notify us immediately should unauthorized access to your account occur.

Everyone is welcome to use The Site in accordance with these Terms. We welcome projects supporting children, but if under 13, you must have a parent or guardian post the project for you. People between the ages of 13 and 18 can post projects with someone over 18 supervising the listing. We do not knowingly collect personal information of people under the age of 13. If we believe you have misrepresented any information on your profile, we may delete that information and terminate your account without notice.

backHer supports fundraising for all projects that in good faith, benefit projects that have at least one self-identified  woman lead. Events, social and entrepreneurial projects, creative projects, causes, new businesses, growth of existing projects, inventions, and all endeavors with  at least one woman in a lead position are all within the scope of utilizing The Site.  Also,  all non-profit and "social-good"projects are welcome regardless of gender. Projects and funding are encouraged worldwide. 

All projects are supported providing that they do not involve violence, pornography, cruelty to animals, or any illegal enterprises.

Things that are not allowed include violating any statutes, laws, ordinances or regulations. Don’t infringe on any copyrights, trademarks, patents, trade secrets, rights of publicity, or violate any contracts, don't support violence, hate or prejudice, impersonate any person, be offensive, invade anyone's privacy, don't use another person's account without their permission, don’t harass, embarrass, annoy or harm another person, and do not intentionally mislead.

There are a host of offensive things that could be listed here, but the gist of it is post positive, honest projects, don't be offensive, and do use the site for the well being of all. Only use the funds raised for the intended projects.

The Site has no obligation to monitor the content. We reserve the right to block or remove any users as well as to edit, or remove any project before it's term without providing a reason. backHer is not liable for such actions.

The project creators own the material (including photographs, videos, and graphical images) they upload onto their project page.

Remember, transparency and honesty are paramount to a successful campaign and the good faith use of backHer. Any misrepresentation is a direct violation of our Terms of Use.

backHer is not liable for any damages or loss incurred related to any use of The Service. All interactions are solely between The Users of The Site.

Perks (non monetary incentives) may be offered as incentives for contributions as long as the perks don't violate any statutes, laws, ordinances or regulations, don't infringe on any copyrights, trademarks, patents, trade secrets, rights of publicity, or violate any contracts, don't support violence, hate or prejudice, impersonate any person, are offensive, invade anyone's privacy, would be likely to harass, embarrass, annoy or harm another person, are fraudulent, and do not intentionally mislead. You must deliver the perks as promised with a good faith effort to deliver at the time promised. Should you need further information from your backHers to fulfill your obligation, the name and email addresses of your backHers will be included in the project dashboard. It is your responsibility to initiate the communication, respond promptly to backer inquiries, and work with all contributors to a satisfactory end if you are unable to fulfill your perk obligation. backHers must agree to provide the needed information to the project creator. Project creators are obligated to grant refunds to the backHers, if requested, if you become unable or unwilling to deliver the promised perks and another satisfactory solution is not found. You may  refund a pledge at anytime. backHer reserves the right to cancel a pledge at any time and for any reason, although really there would have to be a very odd reason for us to do that. It is the sole responsibility of the project creator to fulfill perk awards. backHer, Inc. is not liable for the perk quality or the fulfillment of the perk. (or behaviour of the users of The Site). You can report unresolved issues to team@backher.com so that we can continue to improve the site.

It costs nothing to post a Project on backHer. Fees are taken out of funds raised so you pay nothing upfront. backHer's funding model allows you to keep the funds raised without having to meet a goal.   You must still be able to  deliver your perks to all funders with the reduced amount raised. This type of funding is  suited for individuals that can still deliver all promised perks whether or not they finish their project with the amount they raised. If you  cannot deliver all promised perks you are required to not accept the funding as that would not be fair to your supporters and is not in the spirit of crowd-funding. You can always try again at a future stage of your project’s development. 


backHer's fee  is  5%.

backHer's fee for qualified non-profit projects fee is 3.5%. 

You must input your non-profit tax number ad be prepared to provide proof of non profit status.

*In addition, PayPal merchant fees and oversea wire charges apply if applicable

PAYMENTS:

We use PayPal, a leader in secure payments. backHer does not see or store your personal payment information. 

Additionally, Paypal's requires all user's to adhere to it's  Acceptable Use Policy 

All contributions will be deposited in your funding account, and Paypal will then automatically deduct from  your account  the fee as listed in our Terms of Use.  Occasionally payment may be held to complete  verification process or may be refunded as we deem appropriate at our sole discretion. Fees may be adjusted at any time as per backHer Terms of Use. Fees are nonrefundable.You are responsible to report and pay any potential applicable taxes for all Contributions. Fees may be adjusted at any time as per backHer Terms of Use. Fees are nonrefundable.

Donor and Recipient’s identities may be verified by backHer prior to any contributions being deposited into the creator’s account. By creating or sponsoring a project, you agree to allow backHer to verify your identity which could include an interview and or document review which may result in a delay of funds transferred to the creators account and/or a charge reversal or refund which will be decided solely by backHer.

Any intentional false or fraudulent information about the campaign, people involved, uses of the contributions, or any other misleading information may result in your account being suspended and your contributions being refunded at the sole discretion of backHer. If contributions have already been released to you, you will be responsible to fully refund your backHers right away. Any associated fees will be your responsibility.


You may become a backHer/Contributor to as many projects as you wish.  There is a $2,000 total limit donation for each project and you can donate up to 4 times per project . At the time of funding a project you agree to provide your payment information to Paypal or use your PayPal account if you have one. You do not need to be  a PayPal member to contribute to a project.  Contributors consent to backHer and our payment partners authorizing and reserving the pledged charges at any time during the campaign. Obviously, you must have sufficient funds to cover your pledge and Contributing to a project in no way gives you any rights to the project in any way. 

You may opt to publicly show your name and contribution amount on the project page and/or to the project creator. You may also remain anonymous. If you wish to remain completely anonymous, you will also opt out of receiving any perks offered. Otherwise, the project creator will be given a list of all contributors and their contact email addresses if they are needed to fulfill their perk obligations.

backHer offers no refunds. 



User Submitted Content of any and all types are the sole responsibility of the user and backHer is not responsible for any ‘User Submitted Content’. You grant all users permission to access your submissions through ‘the site’. By submitting to ‘the site’, you grant backHer, non-exclusive, perpetual, royalty-free, irrevocable, sublicensable, transferable right to use, modify, edit, prepare derivative works of, host, reproduce, display, stream, playback, transcode, copy, market, feature, sell, distribute and otherwise fully exploit your ‘User Submitted Submissions’.

You agree not to post any 'User Submitted Content' that violates any laws, ordinances, statutes, regulations, infringes on any copyrights, patents, trademarks,trade secrets, rights of publicity, or violate any contracts, supports violence, hate or prejudice, impersonates any person, is offensive, invades anyone's privacy, uses another person's account without their permission, would likely harass, embarrass, annoy or harm another person, is fraudulent, intentionally misleads, could cause loss physical or mental injury, contains content that backHer deems to be inappropriate. backHer reserves the right to remove, edit, modify, delete, reformat, translate, excerpt ‘User Submitted Contents’. "The Company" will not be liable for any errors of omissions in any 'User Submitted Content'. 

You agree that your ‘User Submitted Content’ will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, without permission from the lawful owner of the material. The use of ‘User Submitted Content’ will not infringe or violate the rights of any third party, including without limitation any privacy rights, copyrights, contract rights, publicity rights, or any other intellectual property or proprietary rights.

We are very happy for you to share the contents of your project. It is an important strategy for every successful fundraising campaign. You are permitted to print, download extracts, share on social media sites, email to your email list, extracts from ‘the Site’. However, no backHer graphics can be used without the corresponding text. backHer or our licensors owns copyright and other intellectual property rights in all material on ‘the Site’ (including without limitation photographs and graphical images). Project creators own the material (including photographs, videos, and graphical images) they upload onto their project page. For the purposes of this legal notice, any use of extracts from ‘the Website’ other than in accordance with these Terms and Conditions for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use ‘the Website’ automatically terminates and you must immediately destroy any downloaded or printed extracts from ‘the Website’.

Subject to these Terms of Use, no part of backHer may be copied or placed in any other website or included in any electronic retrieval system or service without our prior written permission. It is not permitted for backHer widgets to be posted anywhere on the world wide web containing forbidden content under our ‘Terms of Use’.

backHer reserves the right to any and all rights not expressly granted in these terms.



You agree to indemnify, defend and hold backHer and its affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you or any third parties using your account, of any of these Terms of Use, or from your User Submissions, or of any intellectual property, or other right of any person or entity. backHer reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with backHer’s defense of such claim.

backHer may, in its sole discretion, terminate your password, account (or any part thereof) or your access to the Site, or remove and discard any Communication transmitted by you, or information stored, sent, or received via ‘the Site’ without prior notice and for any reason. You may terminate your account by adhering to the site's policy and instructions. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which backHer may be entitled, at law or in equity.


Third-Party Sites, Links, and Advertisers,
If you access a third party website, resource, advertiser, or service from a link on backHer, you do so at your own risk. You acknowledge that backHer has no responsibility for, nor does it endorse any aspect of such third-party websites, advertisers, resources, or services. Furthermore, you agree that backHer will not be held liable for any damage caused by or arising from the contact or use of any communications, goods, services, content or anything else related to or available through third-party sites or advertisers.


backHer makes no warranties as to its reliability, completeness, accuracy, or otherwise. backHer has provided links to Internet sites maintained by third parties and does not control in any respect the information, products or services on these Third Party Sites. The content, materials, and products or services available in or accessible through the Site are AS IS and, to the fullest extent permissible pursuant to applicable law.


BACKHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. bACKHER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE OR SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): BACKHER MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.


LIMITATION OF LIABILITY (NEED GUIDANCE ON UNITED STATES/WORLD)
IN NO EVENT SHALL BACKHER, OR ITS AFFILIATES OR DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUGS, OR TROJAN HORSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OR ITS AFFILIATES OR DIRECTORS, EMPLOYEES, OR SUPPLIERS BE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.


THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


Those who choose to access backHer from countries outside of the United States do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. Accessing backHer’s services is prohibited from territories where the content is illegal.

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over backHer or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in the  County of Alameda  in the  State of California  in the Country of the United States and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

The Terms Of Use shall be governed by, interpreted, and enforced in accordance with the laws of the State of California, U.S.A. as it is applied to agreements entered into and to be performed entirely with such state. backHer shall be deemed a passive service that does not give rise to personal jurisdiction over ‘Us’, of any type in jurisdictions other than the state of California. Any action you, bring to enforce this agreement or, in connection with, any matters related to backHer shall be decided exclusively by a court jurisdiction located in Alameda County, California. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.