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Special Retail Club



THE RETAIL PARTY 2023

The must-attend networking event for international retailers!
#Consumer Goods#Fashion#Luxury#Retail

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SPEAKERS

WINNIE PARK

CEO @Forever 21

Did you know that Forever21 released on Dec 1 the first Metaverse collection on
its ecommerce site and stores inspired by its digital fashion line? Winnie is a
multichannel brand builder, who will share her vision on how an iconic brand
such as Forever21 can stay relevant for over 3 decades constantly innovating.

STACY BERNS

President @Bcg-pr

Stacy Berns founded Berns Communications Group in 2002 after identifying a need
for an innovative, sophisticated boutique corporate communications firm at the
intersection of fashion, retail and technology.

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DISCUSSION

THE 2023 RETAIL PARTY IS BACK !

Back to basics at the Standard Hotel where elegance is an attitude...

FrenchFounders is throwing the 6th edition of the Retail Party, in parallel
to the NRF’s Big Show.

Gathering key stakeholders of the American and International retail ecosystems,
this unique event is your opportunity to discuss the next major retail trends
and innovations while enjoying a cocktail reception.

YOU ARE NOT A RETAILER ? WHY YOU SHOULD ATTEND

> A unique opportunity to discuss retail trends with 300+ top executives and
C-level American and international retailers

> Only a very limited number of seats are available for non-retailers, to
facilitate relevant interactions between retailers and non-retailers

> A high-end venue and premium dinner & drinks, to create a unique "new york
style" atmosphere and experience

> A limited number of total seats to guaranty a safe & high-quality environment
for all

 

DATE & TIME

Sunday January 15, 2023, from 6.00 pm EST

 

AGENDA - EST time 

6.00 pm - Welcome Guests

6.15 pm - Winnie Park talk

7.00 pm - Welcome Drinks & Food

10.30 pm - End of the event

 

Get a taste of the 2020 edition here!

If you have any questions, please contact Justine: j.heuze@frenchfounders.com 

 

BOOK NOW TO SECURE YOUR SEAT BEFORE IT IS TOO LATE

Who is attending?
 * Retailers, C-levels & Top-Executives
 * International Retail Brands

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ALREADY 361 ATTENDEES

including 5 FrenchFounders members

A. Fauvet

Créations Fusalp

L. Claquin

Kering Americas

A. Choueiri

L’Oreal

G. Thomas

Martingale Cognac

E. de Tramasure

Chanel




ADDRESS

Top of The Standard
New York

See itinerary

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WITH THE SUPPORT OF OUR PARTNERS



LEADER SERIES & SUMMITS

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On January 15, 2023

From New York - 6:00 PM
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15 Jan 2023 - 18:00
New York
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MISE À JOUR DE NOS CONDITIONS GÉNÉRALES DE VENTE

×

Afin de mieux vous accompagner dans votre expérience FrenchFounders, nous avons
mis à jour nos Conditions Générales de Vente, et notamment la procédure de
renouvellement de votre membership. Merci d’en prendre connaissance et de les
accepter.

ACCEPTANCE OF THE AGREEMENT

The following agreement, (”Agreement”) is entered into by and between you and
FrenchFounders Inc., a for-profit Delaware corporation (“FrenchFounders”,
“Company“, “we“, “us” or “our“). This Agreement governs your access to and use
of our website, www.frenchfounders.com (the “Site”), your purchase or use of our
application (“App”), and membership with FrenchFounders (“Membership”), along
with any other services offered by us, whether through the Site or otherwise
(collectively and together with the Site, the “Services”).

Please read this Agreement carefully. By accessing, browsing, paying for or
otherwise using the Services or by clicking to accept or agree to the Agreement
when this option is made available to you, you (1) acknowledge that you have
read and understood this Agreement, (2) represent and warrant that you meet all
of our eligibility requirements for using the Services as described in this
Agreement, and (3) accept and agree to be bound by this Agreement, including any
other terms applicable to the Services that are incorporated herein by
reference. If you are using the Services on behalf of an entity, you are
agreeing to this Agreement for that entity and are representing to us that you
have the authority to bind that entity to this Agreement (in which case “you”
will refer to that entity). If you do not accept this Agreement or do not
satisfy the eligibility requirements set forth below, you may not access or use
the Services.

PRIVACY POLICY

If you would like to know more about how we collect, use, and treat your
information when you use, and participation in, the Services offered by the
Company please refer to our privacy policy located at
https://www.frenchfounders.com/page/privacy/ (the “Privacy Policy”).

CHANGES TO THE AGREEMENT

We reserve the right to update and revise this Agreement at any time. We will
make sure to also change the “Last Updated” date at the top of this page so you
can tell if this Agreement has changed since your last visit. Any such changes
are effective immediately when we post them, and apply to all access to and use
of the Services thereafter. Please review this Agreement regularly because once
we post any changes, your continued use of the Services constitutes your
acceptance of the revised Agreement. If you disagree to any such changes, you
must notify us in writing at legal@frenchfounders.com that you wish to terminate
your Agreement and Membership because of such changes. Your Membership will
terminate within three working days of our receipt of your termination notice
and we will refund you the fees and charges applicable to your Membership on a
pro-rata basis.

PURCHASE OF MEMBERSHIP

Our various Membership types and associated fees and charges can be found at
%memberships_link% and will include the benefits and Services further set out at
this page (in accordance with the type of Membership for which you subscribe)
and/or as notified to you by FrenchFounders from time to time.

If you purchase a Membership from the Site and/or through other communication
means with us, the terms of sale provided in this section apply to you, as well
as any other specific rules, usage restrictions, or procedures that we may
provide to you in relation to your purchase (including your “Club Membership
Terms and Conditions”, i.e. any terms and conditions or requirements applicable
to your participation in a specific Club Privé offered by FrenchFounders).

You agree to provide your payment information at the time you purchase or renew
your membership (as applicable) on the Site. You must provide Company with a
valid credit card (Visa, MasterCard, or any other issuer accepted by us)
(“Payment Provider”), or purchase order information as a condition to signing up
for the Services. Your Payment Provider agreement governs your use of the
designated credit card, and you must refer to that agreement and not the
Agreement to determine your rights and liabilities. By providing Company with
your credit card number and associated payment information, you agree that
Company is authorized to immediately invoice your account for all fees and
charges due and payable to Company hereunder and that no additional notice or
consent is required. You agree to immediately notify Company of any change in
your billing address or the credit card used for payment hereunder. Company
reserves the right at any time to change its billing methods, either immediately
upon posting on Company Site and/or App or by e-mail delivery to you.

Purchase of a Membership must be for your personal business use only. Transfer
of Membership to other persons is prohibited.

YOUR MEMBERSHIP, AND THE RELEVANT FEES ASSOCIATED WITH IT, LASTS FOR A YEAR FROM
THE DATE OF PAYMENT OF THE RELEVANT FEES, THEN THE TERMS WILL BE AUTOMATICALLY
RENEWED FOR ADDITIONAL PERIODS OF ONE YEAR AT FrenchFounders’ THEN-CURRENT FEE
FOR YOUR MEMBERSHIP(S), UNLESS YOU TERMINATE YOUR MEMBERSHIP(S) IN ACCORDANCE
WITH THE TERMS SET OUT UNDER “TERMINATION, CANCELLATION OR SUSPENSION OF
MEMBERSHIP” BELOW. We will withdraw your Membership fee fifteen (15) days prior
to any renewal date (provided you do not cancel your Membership in accordance
with this Agreement). If your payment method is declined, you have until the
renewal date to update it on your account settings. This provision is applicable
unless otherwise prohibited, and/or to the extent permitted, by applicable laws,
rules or regulations.

CHANGING FEES AND CHARGES

We may at any time and from time to time, in our sole discretion, change the
fees and charges, or add new fees and charges, in relation to any of the
Services. However, such updated fees and charges will only apply to your next
purchase of such Services (including upon the next renewal of your Membership
term, as applicable).

TERMINATION, CANCELLATION OR SUSPENSION OF MEMBERSHIP

This Agreement will remain in full force and effect while you use any of the
Services.

All Memberships are non-refundable and cannot be suspended unless otherwise
specified in writing by FrenchFounders. Your Membership will renew automatically
annually, unless you give us written notice that you would like to terminate
your Membership, at least fifteen (15) days prior to the date on which your
Membership is meant to renew, by accessing your account settings and ticking the
relevant non-renewal box and/or by clicking on the relevant link in the notice
of renewal we will send you approximately forty-five (45) days prior to the
renewal date. You can access your account settings and tick the relevant
non-renewal box at any time during the then-current term of your Membership up
until fifteen (15) days prior to the renewal date (at which stage the box
ticking will count for the following Membership year). This provision is
applicable unless otherwise prohibited, and/or to the extent permitted, by
applicable laws, rules or regulations.

We may suspend or terminate your use of the Services as a result of your fraud
or breach of any obligation under this Agreement or other related restrictions
(including, but not limited to, your Club Membership Terms and Conditions). Such
termination or suspension may be immediate and without notice. A breach of this
Agreement, includes without limitation, the unauthorized copying or download of
content from the Services.

ELIGIBILITY; USER RESTRICTIONS

FrenchFounders is a community of members. In order to become a member of
FrenchFounders, you must apply through our Site, and satisfy the requirements
set out in this Agreement and at %memberships_link% (as at the date of you
application to become a member). The decision as to whether any Membership
application satisfies such criteria is based on our sole discretion (subject to
and to the extent permitted by applicable laws, rules and regulations).

We only permit individuals who are at least 18 years old, or the age of majority
in your province, territory or country, and can form legally binding contracts
with us, to use the Services. Individuals under the age of 18, or the applicable
age of majority (“Minors”) may utilize the Services only with the consent and
support of a parent, legal guardian or other qualified adult. If you are a
parent or guardian and you allow your Minor to use the Services, you agree to be
bound by the Minor’s use of the Services and by this Agreement. If you are under
the age of 18 or the applicable age of majority and do not have the requisite
parent or guardian consent, please do not attempt to access or use the Services.
Notwithstanding the aforementioned, under no circumstances may any individual
under the age of 13 use any Service.

You can only use or receive the Services to the extent the laws of your
jurisdiction or the United States do not bar you from doing so. Please make sure
this Agreement is in compliance with all laws, rules and regulations that apply
to you. You are solely responsible for ensuring compliance with the laws of your
specific jurisdiction, including the specific laws of your jurisdiction
regarding the import, export, or re-export of the Services.

Your use of the Services means you represent and warrant that you meet all
eligibility requirements we outline in this Agreement and or as required by
FrenchFounders when you apply to become a member. We may still refuse to let
certain people access or use the Services. We may also change our eligibility
criteria.

USE OF THE SERVICES; RESTRICTIONS ON USE

We may from time to time in our sole discretion develop and provide updates to
the Services, change the Services, restrict access to the Services (including to
registered users) or withdraw or terminate the Services entirely, and we reserve
the right to do so in our sole discretion without notice. Any such updates or
changes will be deemed part of the Services and subject to all terms and
conditions of this Agreement. If you disagree to any such changes, and such
changes is/are material, you must notify us in writing at
legal@frenchfounders.com that you wish to terminate your Agreement and
Membership because of such changes. Your Membership will terminate within three
business days of our receipt of your termination notice and we will refund you
the fees and charges applicable to your Membership on a pro-rata basis. Except
as set out in this section, we will not be liable to you or any third party for
any modification, suspension or discontinuance of the Services. Unless you
terminate your Membership as explained above, you will still be bound by your
obligations under this Agreement, including the warranties made by you, and by
the disclaimers and limitations of liability.

You may only use the Services as explicitly authorized and in compliance with
any policies made available to you within the Services from time to time. You
will not use any proprietary information contained on the Services, or
materials, in any way whatsoever except for permitted use of the Services. No
portion of the Services may be reproduced in any form or by any means. Without
limiting the foregoing, you may not do any of the following while accessing or
using the Services:

 * express or imply that any statements you make on or in relation to the
   Services are endorsed by FrenchFounders;
 * scrape the Services or use other automated or manual means to take our
   content without our express prior written consent;
 * modify, adapt, translate, reverse engineer, decompile, disassemble or convert
   into human readable form any of the contents of the Services not intended to
   be so read;
 * take any action that imposes or may impose (as determined by us in our sole
   discretion) an unreasonable or disproportionately large load on our or our
   third party providers’ infrastructure;
 * interfere or attempt to interfere with the proper working of the Services or
   any activities conducted on the Services;
 * bypass, circumvent, or attempt to bypass or circumvent any measures we may
   use to prevent or restrict access to the Services, including without
   limitation other accounts, computer systems or networks connected to the
   Services;
 * run any form of auto-responder or “spam” on the Services;
 * access or use the Services for any illegal or unauthorized purpose, including
   to harass, abuse, defame or otherwise infringe or violate the rights of any
   other party; or
 * otherwise take any action in violation of this Agreement.

You shall have sole responsibility for and hereby warrant the accuracy, quality,
integrity, legality, non-infringement of any third party intellectual property
rights, reliability and appropriateness of all content or data which is uploaded
by you to, or communicated, in relation to our Services. You shall indemnify us
for any breach of this warranty. We shall not be responsible, or liable to any
third party, for the content posted and/or communicated by you or any other user
of our Services.

END USER LICENSE

Subject to the remainder of the Agreement, as set forth in this “End User
License” Section, and your payment of applicable subscription fees,
FrenchFounders grants you a limited, non-exclusive, and non transferable license
to:

 * download, install, and use the App and/or Site for your personal business use
   (subject to anything to the contrary in any applicable Club Membership Terms
   and Conditions) on device(s) owned or otherwise controlled by you (“Device”)
   strictly in accordance with the App’s and/or Site’s documentation; and
 * access, stream, download, and use on such Device the Services made available
   in or otherwise accessible through the App and/or Site, strictly in
   accordance with the Agreement, as applicable to the Services.

USER CONTENT

If we believe a user may be infringing upon someone’s intellectual property
rights, we may remove the material. If we believe someone is repeatedly
infringing, we will terminate that person’s access rights and/or Membership.

It is Company’s policy to terminate membership privileges of any member and/or
user who repeatedly infringes copyright upon prompt notification to Company by
the copyright owner or the copyright owner’s legal agent. Without limiting the
foregoing, if you believe that your work has been copied and posted on Company
Services in a way that constitutes copyright infringement, please send us a
written notice at legal@frenchfounders.com including the following information:
(a) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; (b) a description of the
copyrighted work that you claim has been infringed; (c) a description of the
location on Company Services of the material that you claim is infringing; (d)
your address, telephone number and e-mail address; (e) a written statement by
you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent or the law; and (f) 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 acknowledge and agree that the views expressed by other users on our
Services do not represent our views or values.You acknowledge and agree that the
Company is not responsible for examining or evaluating the content, accuracy,
completeness, timeliness, validity, copyright compliance, legality, decency,
quality or any other aspect of any third party content (including other members’
content) posted on and/or in relation to the Services (including without
limitation, content disclosed in any chat rooms provided on the Services and/or
discussions between members and/or third parties at FrenchFounders events). We
expressly disclaim any responsibility for all aspects of such content and you
further acknowledge and agree that Company shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any content, goods or services in
connection with any such content.

Use of any third party trademarks or third party content on or in connection
with the Services does not constitute affiliation with or endorsement of these
third parties. Nothing in this Agreement grants you any license to third party
trademarks or content, which shall remain the property of their respective
owners.

The content on our Services is provided for general information purposes only.
It is not intended to amount to advice (of any nature) on which you should rely.
You must obtain professional or specialty advice before taking or refraining
from any action on the basis of the content on our Services.

INTERNET

You also acknowledge and agree that your use of the Services requires Internet
access and bandwidth and we do not own or control all aspects through which the
Services are provided and cannot guarantee the performance of such facilities,
equipment and communications lines. The Internet is not a secure network and
third parties may be able to intercept, accept, use or corrupt the information
you transmit or receive over the Internet. We are not responsible for invalid,
erroneous or corrupted data.

LINKS TO THIRD PARTY WEBSITES

We may provide links to third party websites or services for you to access. You
acknowledge that any access is at your sole discretion and for your information
only. We do not review or endorse any of those websites or services. Although a
third party website may contain FrenchFounders’s logo or other intellectual
property elements, please understand that it is independent from FrenchFounders
and that FrenchFounders has no control over the content of that website. These
links do not imply endorsement of, sponsorship of, or affiliation with
FrenchFounders. We are not responsible in any way for: (a) the availability of,
(b) the privacy practices of, (c) the content, advertising, products, goods or
other materials or resources on or available from, or (d) the use to which
others make of these other websites and services. We are also not responsible
for any damage, loss or offense caused or alleged to be caused by, or in
connection with, the use of or reliance on such websites or services.

SOCIAL MEDIA

The Company will not tolerate certain social media conduct by users of the Site,
whether indirectly or directly targeting or relating to FrenchFounders, its
members, officers, directors, employees, personnel, or agents, including for
example: (a) defamatory, malicious, obscene, intimidating, discriminatory,
harassing or threatening comments or hate propaganda; (b) calls to violence of
any kind or other threats of any kind; or (c) conduct that violates any law or
regulation. In the event that FrenchFounders feels that you have breached this
Agreement, FrenchFounders reserves all its rights to take further action,
including but not limited to: (i) adding, removing, or modifying any content,
including comments, (ii) blocking you or any other disruptive users; and (iii)
discontinuing any of its social media channels at any time. In the event that
you engage in (or direct or influence any person to engage in) any of this
prohibited conduct on your social media channels regarding FrenchFounders or any
of FrenchFounders’s officers, directors, employees, personnel, agents, policies,
services or products or other members, FrenchFounders may immediately terminate
your Membership or use of this Site and reserves it full legal rights to pursue
legal damages against you.

INTELLECTUAL PROPERTY

Except as otherwise expressly granted to you in this Agreement, we reserve and
retain all right, title and interest in the Services, including without
limitation, all technology and processes, enhancements or modifications thereto,
trademarks, service marks, site design, text, video, graphics, logos, images and
icons, as well as the arrangement thereof.

You acknowledge that the Services contain proprietary content, information and
material protected by applicable intellectual property and other laws, including
but not limited to copyright and trademark laws. You acknowledge and agree that
you do not acquire any ownership interest in the Services under this Agreement,
or any other rights thereto other than to use the Services in accordance with
the license granted. Appropriate legal action may be taken for any illegal or
unauthorized use of the Services.

Any unauthorized use of any content or materials on the Services is strictly
prohibited and violates copyright, trademark, and/or other intellectual property
laws, and/or the laws of privacy, publicity, and/or communications regulations
and statutes.

In particular, audio or video content from FrenchFounders not explicitly
indicated as downloadable may not be downloaded or copied from the Services. You
may not otherwise download, display, copy, reproduce, distribute, modify,
perform, transfer, create derivative works from, sell or otherwise exploit any
content, code, data or materials in the Services.

If you make other use of the Services, or the content, code, data or materials
thereon, except as otherwise provided, you may violate copyright and other laws
of the United States, other countries, as well as applicable state laws and may
be subject to liability for such unauthorized use.

You must not access or use for any commercial purposes any part of the Site and
App or any services or materials available through the Site and App (subject to
anything to the contrary in any applicable Club Membership Terms and
Conditions).

To inquire about obtaining authorization to use the materials or content other
than as permitted in this Agreement, please contact us at
legal@frenchfounders.com.

FEEDBACK

You may choose to or we may invite you to submit comments or ideas about the
Services, including without limitation about how to improve the Services
(“Ideas”). By submitting any Idea, you agree that your disclosure will not place
FrenchFounders under any fiduciary or other obligation, and that we are free to
use the Idea without any additional compensation to you, and/or to disclose the
Idea on a non-confidential basis or otherwise to anyone. You further acknowledge
that, by acceptance of your submission, FrenchFounders does not waive any rights
to use similar or related ideas previously known to FrenchFounders, or developed
by its employees, or obtained from sources other than you.

UPDATES

FrenchFounders may from time to time in its sole discretion develop and provide
App updates, which may include upgrades, bug fixes, patches, other error
corrections, and/or new features (collectively, including related documentation,
“Updates”). Updates may also modify or delete in their entirety certain features
and functionality. You agree that FrenchFounders has no obligation to provide
any Updates or to continue to provide or enable any particular features or
functionality. You shall promptly download and install all Updates and
acknowledge and agree that the App or portions thereof may not properly operate
should you fail to do so. You further agree that all Updates will be deemed part
of the App and be subject to all terms and conditions of this Agreement.

AVAILABILITY OF THE SERVICES

Although we aim to offer you the best service possible, we make no promise that
the Services will meet your requirements and we cannot guarantee that the
Services will be fault free. If a fault occurs in our Services, please report it
to us at legal@frenchfounders.com and we will review your complaint and, where
we determine it appropriate to do so, correct the fault. We will not be liable
to you if the Services are unavailable from time to time.

We do not guarantee that our Site and/or App, or any content in it, will always
be available or uninterrupted. We do not guarantee that our Site and/or App, or
any content in it, will always be free from errors or omissions. We reserve the
right (in our sole discretion) from time to time to change the Site and/or App
for any reason or no reason at all. We will try to give you reasonable notice of
any major changes. You agree that FrenchFounders will not be liable to you or to
any third party for any change to the Services or any part thereof.

DEVICE AND BROWSER REQUIREMENTS

You are responsible for making all arrangements necessary for you to have access
to our Services. To enjoy the Services via your smartphone or other device, your
device must satisfy certain system requirements.

The App is available on Apple and Android devices only. You can find and
download the App on the Apple Store and Google Play respectively. For the App to
operate optimally, you must use the most up to date version of your relevant
operating system (i.e. for Apple, iOS 9 and above; and for Android, v5.0 and
above).

To access our Site, you must ensure you are using a recent web browser to access
it. If you connect to the Site through a VPN or proxy, it is possible that some
functionalities will not be available and/or that your use of the Site may be
impaired or non-optimal.

ACCOUNT AND PASSWORD

In order to use certain features of the Site and/or App, you must register for
an account ("Account") and provide certain information about yourself as
prompted by the account registration form. You represent and warrant that: (a)
all required registration information you submit is truthful and accurate; and
(b) you will maintain the accuracy of such information.

You are responsible for maintaining the confidentiality of your Account login
information and are fully responsible for all activities that occur under your
Account. You agree to immediately notify FrenchFounders of any unauthorized use,
or suspected unauthorized use of your Account or any other breach of security.
We cannot and will not be liable for any loss or damage arising from your
failure to comply with the above requirements.

WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. WE DO NOT
EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO
DO SO.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR
ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY
THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS,
AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY
OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS
ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR
RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE
LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER DIRECTLY OR
INDIRECTLY ARISING, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE,
GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS
OF SUCH PARTY’S BREACH OF CONTRACT OR NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH
THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.

COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS
BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, COMPANY IS FOUND TO
BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY
CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY TO YOU FOR CLAIMS
IN ANY CONTRACT YEAR SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES THAT YOU PAID
FOR YOUR MEMBERSHIP IN SUCH YEAR.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT
PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates,
licensors and service providers, and its and their respective officers,
directors, employees, contractors, agents, licensors, suppliers, successors and
assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses or fees (including reasonable attorneys’ fees) arising
out of or relating to your violation of this Agreement or your use of the
Services or your use of any information obtained through use of the Services.

GOVERNING LAW

The Agreement and all matters arising from it (including any dispute relating to
the existence, validity or termination of this Agreement or any contractual or
non-contractual obligation) shall be governed by, and construed in accordance
with the laws of New York without reference to its conflict of laws principles.
All disputes arising out of or related to this Agreement will be subject to the
exclusive jurisdiction of the state and federal courts located in New York
County, New York, and the Parties agree to waive all rights to challenge the
foregoing.

ARBITRATION AGREEMENT

Please read the following arbitration agreement in this Section (“Arbitration
Agreement”) carefully. It requires you to arbitrate disputes with Company and
limits the manner in which you can seek relief from us.

Applicability of Arbitration Agreement. You agree that any dispute, claim, or
request for relief relating in any way to your access or use of the Services, to
any products sold or distributed through the Services, or to any aspect of your
relationship with Company, will be resolved by binding arbitration, rather than
in court, except that (1) you may assert claims or seek relief in small claims
court if your claims qualify; and (2) you or Company may seek equitable relief
in court for infringement or other misuse of intellectual property rights (such
as trademarks, trade dress, domain names, trade secrets, copyrights, and
patents). This Arbitration Agreement shall apply, without limitation, to all
disputes or claims and requests for relief that arose or were asserted before
the effective date of this Agreement or any prior version of this Agreement.

Arbitration Rules and Forum. The Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration Agreement. To begin an
arbitration proceeding, you must send a letter requesting arbitration and
describing your dispute or claim or request for relief to FrenchFounders -
Arbitration Request, The Foundery, 27 West, 20th Street, Suite 800, New York, NY
10011. The arbitration will be conducted by JAMS, an established alternative
dispute resolution provider. Disputes involving claims, counterclaims, or
request for relief under $250,000, not inclusive of attorneys’ fees and
interest, shall be subject to JAMS’s most current version of the Streamlined
Arbitration Rules and procedures available at
http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall
be subject to JAMS’s most current version of the Comprehensive Arbitration Rules
and Procedures, available at
http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also
available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not
available to arbitrate, the parties will select an alternative arbitral forum.
If the arbitrator finds that you cannot afford to pay JAMS’s filing,
administrative, hearing and/or other fees and cannot obtain a waiver from JAMS,
Company will pay them for you. In addition, Company will reimburse all such
JAMS’s filing, administrative, hearing and/or other fees for disputes, claims,
or requests for relief totaling less than $10,000 unless the arbitrator
determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written
submissions, or in person in the country where you live or at another mutually
agreed location. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.

Authority of Arbitrator. The arbitrator shall have exclusive authority to (a)
determine the scope and enforceability of this Arbitration Agreement and (b)
resolve any dispute related to the interpretation, applicability, enforceability
or formation of this Arbitration Agreement including, but not limited to, any
assertion that all or any part of this Arbitration Agreement is void or
voidable. The arbitration will decide the rights and liabilities, if any, of you
and Company. The arbitration proceeding will not be consolidated with any other
matters or joined with any other cases or parties. The arbitrator shall have the
authority to grant motions dispositive of all or part of any claim. The
arbitrator shall have the authority to award monetary damages and to grant any
non-monetary remedy or relief available to an individual under applicable law,
the arbitral forum’s rules, and the Agreement (including the Arbitration
Agreement). The arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which the award is based,
including the calculation of any damages awarded. The arbitrator has the same
authority to award relief on an individual basis that a judge in a court of law
would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND
STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and Company are instead electing that all disputes, claims, or requests for
relief shall be resolved by arbitration under this Arbitration Agreement, except
as specified in this Arbitration Agreement. An arbitrator can award on an
individual basis the same damages and relief as a court and must follow this
Agreement as a court would. However, there is no judge or jury in arbitration,
and court review of an arbitration award is subject to very limited review.

Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND
REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE
ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY
INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER
CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
If a decision is issued stating that applicable law precludes enforcement of any
of this subsection’s limitations as to a given dispute, claim, or request for
relief, then such aspect must be severed from the arbitration and brought into
the State or Federal Courts located in the State of New York. All other
disputes, claims, or requests for relief shall be arbitrated.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this
Arbitration Agreement by sending written notice of your decision to opt out to:
legal@frenchfounders.com, within 30 days after first becoming subject to this
Arbitration Agreement. Your notice must include your name and address, the email
address you used to set up your Company account (if you have one), and an
unequivocal statement that you want to opt out of this Arbitration Agreement. If
you opt out of this Arbitration Agreement, all other parts of this Agreement
will continue to apply to you. Opting out of this Arbitration Agreement has no
effect on any other arbitration agreements that you may currently have, or may
enter in the future, with us.

Survival of Agreement. This Arbitration Agreement will survive the termination
of your relationship with Company.

SEVERABILITY

If it turns out that any part of this Agreement is invalid, void, or for any
reason unenforceable, that term will be deemed severable and limited or
eliminated to the minimum extent necessary. The limitation or elimination of the
term will not affect any other terms.

ENTIRE AGREEMENT

This Agreement constitute the entire agreement between you and the Company and
supersede all prior or contemporaneous communications and proposals, whether
electronic, oral, or written with respect to these Services. Any rights not
expressly granted herein are reserved. Each party confirms that it has not
relied upon, and shall have no remedy in respect of any agreement, warranty,
statement, representation or undertaking unless set out expressly in this
Agreement.

THIRD PARTIES

A person who is not a party to this Agreement shall have no rights to enforce
any term of this Agreement.

FORCE MAJEURE

We take our commitment to members seriously, and we will do what we can for you.
However, sometimes things may come up that are outside of our control. We will
not be liable for any failure to perform any of our obligations stated in this
Agreement if the failure results from a cause beyond our reasonable control,
including, without limitation, mechanical, electronic or communications failure
or degradation, strikes or other labor disputes (whether or not relating to our
workforce), restraints or delays affecting carriers, or our inability or delay
in obtaining supplies of adequate or suitable materials.

ASSIGNMENT

You cannot assign, transfer or sublicense this Agreement without first obtaining
our consent. We may assign, transfer, or delegate any of our rights and
obligations without consent.

NO PARTNERSHIP OR AGENCY

This Agreement does not create any agency, partnership, joint venture, or
employment relationship, and neither party has any authority to bind the other
in any respect.

WAIVER

If we do not enforce any part of this Agreement, it does not mean we give up the
right to later enforce that or any other part of this Agreement. In order for
any waiver of compliance with this Agreement to be binding, we must provide you
with written notice of such waiver through one of our authorized
representatives.

EXPORT

You may not use, export, import, or transfer Company App and/or Site except as
authorized by U.S. law, the laws of the jurisdiction in which you obtained
Company Services, and any other applicable laws. In particular, but without
limitation, Company App and/or Site may not be exported or re-exported (a) into
any United States embargoed countries, or (b) to anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals or the U.S. Department of
Commerce’s Denied Person’s List or Entity List. By using Company App and/or
Site, you represent and warrant that (y) you are not located in a country that
is subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country and (z) you are not listed on any
U.S. Government list of prohibited or restricted parties. You also will not use
Company App and/or Site for any purpose prohibited by U.S. law, including the
development, design, manufacture or production of missiles, nuclear, chemical or
biological weapons. You acknowledge and agree that products, services or
technology provided by Company are subject to the export control laws and
regulations of the United States. You shall comply with these laws and
regulations and shall not, without prior U.S. government authorization, export,
re-export, or transfer Company products, services or technology, either directly
or indirectly, to any country in violation of such laws and regulations.

COMMENTS, CONCERNS AND COMPLAINTS

All feedback, comments, requests for technical support and other communications
relating to the Services should be directed to: legal@frenchfounders.com.

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