Terms of
LAST UPDATED: December 19, 2024
Victori Media (“Victori Media,” “Her First $100K”, “us,” “our,” or “we”) created these Terms of Service (the “Terms”) for you to understand the rules that apply when you use the website located at www.herfirst100k.com, visit our social media channels, listen to our podcast “Financial Feminist,” and participate in our live events and workshops offered by us or our affiliate programs (individually and together, the “Service”). By using the Service, you agree to the following:
1. You Agree to the Terms
You acknowledge that you accept these Terms and our Privacy Policy (incorporated into these Terms by reference). If you don’t agree with the Terms, then you may not use the Service. We reserve the right in our sole discretion to change, modify, add or delete portions of the Terms and the Privacy Policy at any time. If you want to be notified about changes to these Terms and the Privacy Policy, please email support@herfirist100k.com and we will add you to our notification list. If you continue to use the Service after we make changes, you agree to the changes.
3. License and Restrictions
(a)
Commercially exploiting the Service, meaning you cannot use, sell, lease, or participate in any other activity that serves to generate income from the Service;
(b)
Making a copy of the Service or any portion of the Service, except as allowed under these Terms;
(c)
Using any data mining tools or automation tools such as spiders, scrapers, crawlers, scripts, bots, or any other automated or manual method or process to access, retrieve, index, or reproduce the Service or its contents;
(a) Victori Media Materials
We retain all right, title, and interest in and to the Service and all related patent, copyright, trademark, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right (“Rights”).
(b) User Content
If you provide us with feedback regarding any aspect of the Service, we will own all rights in and to such feedback and any derivative products or services developed from the feedback.
Service
2. eligibility
The Service may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that you are at least 18 years of age (or the age of legal minority under applicable law), or if not, that you have reviewed these Terms with your parent or legal guardian and that person agrees to be bound by these Terms.
We grant you a limited license to use the Service for your personal use only. You may not use the Service in any way that interferes with our ownership rights in the Service, and we may terminate your access to the Service if you are in breach of these Terms. The following activities may also result in termination of your access to the Service:
(d)
Reverse engineering, decompiling, disassembling, translating, preparing derivative works based on or otherwise modifying the Service, in whole or in part;
(e)
Removing, obscuring or modifying any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Service, falsifying or deleting any author attributions, legal notices or other labels of the origin or source of the material;
(F)
Misrepresenting the source of ownership of the Service; and
(g)
Conducting any other activity that might be considered illegal or tortious. This includes, without limitation, “hacking” the Service, infringing the intellectual property or other rights of third parties, modifying, altering, translating, reverse engineering, decompiling or disassembling the Service or related documentation or creating derivative works based on the Service.
4. Ownership
(c) Third Party Content
The Service may include third-party content and links to websites or content owned or operated by third parties (“Third Party Content”). We do not own or control any Third Party Content and make no representation or warranties of any kind regarding the Third Party Content. If you use any of these third-party products or services, you assume all risks and liabilities. We may also link to other websites. We have no control over these external websites and will not be liable for any content, advertising, products, or other materials on or available from those external websites. Third parties should have their own terms of service and privacy policies, so be sure to check those out.
(d) Content for Educational and Informational Purposes Only
Our Service is designed to provide you with a general overview regarding finance and investing. It is not designed to be a definitive investment guide or to take the place of advice from a qualified financial planner or other professional. Given the risk involved in investing of almost any kind, there is no guarantee that the investment methods suggested through the Service will be profitable. We will not assume liability of any kind for any losses that may be sustained as a result of applying the methods suggested through the Service, and any such liability is hereby expressly disclaimed.
8. Purchases through the Service
The Service may provide you the opportunity to purchase our products and services directly (“Victori Products”). You may need to provide certain personal information to our third party payment providers (“Payment Providers”) so your purchase of Victori Products can be fulfilled. Payment information provided to Payment Providers is not retained by us. Please see the Privacy Policy for more information. We have the right to limit the sales of Victori Products to any person or geographic location. All descriptions of Victori Products and pricing is subject to change at any time without notice. We also reserve the right to discontinue any Victori Products at any time. We reserve the right to refuse any order you place with us. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Service.
(a) Victori Products Refund Policy
We hope you love your Victori Products and that you always have a good experience with our brand. However, due to the custom nature of Victori Products, we do not offer any refunds or exchanges on merchandise or digital goods. If your order is delivered incorrectly or damaged, please reach out within thirty (30) days of your purchase to support@herfirst100k.com.
9. Third Party Products and Services
Our Service may include products and services from people or companies that are separate from us (“Third Party Providers”). Examples of Third Party Providers include, without limitation, (a) Payment Providers; (b) Treasury platform to provide our classes to you; (c) Kajabi platform which hosts The $100K Club; and (d) the products and services we link to on other websites (e.g. a book or podcast). Even though we may link you to Third Party Providers, we have no control over their products or services or the platforms they are offered on. Therefore, we are not responsible for any content, advertising, products, or other materials on or available from Third Party Providers. Please note Third Party Providers may have their own terms of use and privacy policies which you must comply with.
(a) Stock Market School Subscription Program
Stock Market School is hosted on Treasury’s platform and is subject to Treasury’s policies, which you agree to when you sign up on their site. You can find Treasury’s current policies here:
Terms of Service,
Privacy Policy, and
Fulfillment Policy.
10. Affiliate Partnerships
For complete transparency, Victori Media acts as an affiliate for certain Third Party Providers offered through our Service, which means when you sign up or buy a product from the Third Party Provider through the Service, Victori Media receives referral commissions (“Affiliate”).
(a)
Victori Media screens all Affiliates long before we present them to you through our Service. When we onboard an Affiliate into our Service, we make sure to ask a lot of questions of any potential Affiliate in advance and let them know who we are and all the expectations we set out for our Affiliates. We also review third party reviews of any potential Affiliate services and rely on your feedback on how their service is working for you. If you’re not happy, we aren’t happy and take this feedback into consideration as we evaluate our continued relationship with Affiliate.
(b)
You may see testimonials through the Service from other users of the Affiliate services. We do not pay for or edit these testimonials, and we believe that the testimonials reflect the user’s own opinions and experiences regarding the Affiliate.
11. stay connected
In order to access and use the Service, you need to have and maintain adequate internet connection. You are fully responsible for obtaining and maintaining internet access.
12. How We Use Your Personal Information
For information on how we use your personal information while you use the Service, please check out our Privacy Policy.
13. Modifying/Terminating Service
We reserve the right to modify, update, or discontinue our Service, or any features, or portions thereof, without prior notice. You agree that we can suspend or terminate your right to access our Service at any time for any reason without notice, obligation, or liability to you.
14. NO WARRANTIES AND LIMITATION OF LIABILITY
(a)
WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICE FOR YOUR PURPOSES, OR THAT THE USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
(b)
OUR SERVICE IS DESIGNED TO PROVIDE YOU WITH A GENERAL OVERVIEW REGARDING FINANCE AND INVESTING. IT IS NOT DESIGNED TO BE A DEFINITIVE INVESTMENT GUIDE OR TO TAKE THE PLACE OF ADVICE FROM A QUALIFIED FINANCIAL PLANNER OR OTHER PROFESSIONAL. GIVEN THE RISK INVOLVED IN INVESTING OF ALMOST ANY KIND, THERE IS NO GUARANTEE THAT THE INVESTMENT METHODS SUGGESTED THROUGH THE SERVICE WILL BE PROFITABLE. WE WILL NOT ASSUME LIABILITY OF ANY KIND FOR ANY LOSSES THAT MAY BE SUSTAINED AS A RESULT OF APPLYING THE METHODS SUGGESTED THROUGH THE SERVICE, AND ANY SUCH LIABILITY IS HEREBY EXPRESSLY DISCLAIMED.
(c)
THE SERVICE IS PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS OR PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
(d)
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE GREATER OF $1,000 OR THE TOTAL AMOUNT YOU HAVE PAID US FOR THE SERVICE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. Indemnity
You will indemnify, defend, and hold Victori Media, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your acts or your failure to act when using the Service.
16. Accessibility
We are committed to giving each user the best possible experience through our Service. If you have a concern about your access or ability to access our Service, let us know by filing a notice as described in Section 17 below.
17. Disputes and Claims.
(a) Notice of Dispute or Claim
You will not file any legal action against Victori Media in any forum without submitting a detailed description of your dispute or claim to Victori Media at support@herfirst100k.com ("Claim"). The information you provide to us must include specific information about the Claim such as the nature of the issue, the website page(s) affected by the issue, reference to any legal authority governing the issue, such as citations to state privacy laws, CANSPAM statutes, or similar regulations, and any other information a reasonable person would consider relevant to resolving the issue.
(b) Resolution Process
Victori Media has ninety (90) days to respond to your email notice. If you send more than one (1) email notice, the 90-day response timeline applies separately to each email notice you send. If your issue is not resolved within ninety (90) days, you have thirty (30) days to request an informal mediation about the issue with Victori Media. If Victori Media agrees to mediation, the mediation will take place in Seattle, Washington with a professional mediator to be mutually selected by the parties. The parties will split the costs of mediation equally.
(c) litigation
If a dispute between you and Victori Media cannot be resolved informally or through mediation, litigation may be commenced either in the district court of King County, Washington, for state court cases, or in the United States District Court for the Western District of Washington for federal court cases. Each Party agrees to submit to the exclusive jurisdiction of such courts with respect to any dispute(s) and agrees not to bring any dispute(s) in any other court or adjudicative body. Each Party hereby consents to venue and personal jurisdiction in such courts with respect to such dispute(s) and irrevocably waives any right that it may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
(d) Jury and Class Action Waiver
YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.
(e) Time Limitation
Any Claims must be filed within two (2) years after the cause of action arose and you waive any statute of limitations to the contrary.
(f) Governing Law/Attorney’s Fees
These Terms will be governed by the laws of Washington without giving effect to applicable conflict of law provisions. The substantially prevailing party in any dispute litigation regarding any Claim will be entitled to recover reasonable attorney’s fees and costs, including expert costs.
(g) Injunctive Relief
Your breach of these Terms is likely to cause immediate and/or irreparable harm to Victori Media. As such, we may seek injunctive relief against you without the need to post bond.
18. general
(a) Our Relationship
You and Victori Media are independent parties and nothing in these Terms creates an employment or agency relationship.
(b) Severability
If any provision of the Terms is held unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances.
(c) assignment
The licenses we grant to you are for you and you alone. You may not transfer or assign these Terms or licenses without our express written consent.
(d) section headings
The section headings in the Terms are for reference purposes only and do not in any way affect the meaning or interpretation of the Terms.
(e) waiver
The failure of either you or us to enforce any right or provision in the Terms will not constitute a waiver of such right or provision.
(f) entire agreement
The Terms and the Privacy Policy are the complete and final agreement between us regarding your use of the Service.
16. our contact information
If you have questions regarding the Terms, please contact us at support@herfirst100k.com.
5. creating an account
Portions of the Service allow you to create an account with us (“Account”). To create an Account, you will need to provide us with your email address, first and last name, password, and any other information requested through the Service. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur through your Account. You will notify us immediately of any unauthorized use of your Account or any other breach of security. If Victori Media believes that any unauthorized access may occur or has occurred, we may terminate access without prior notice to you. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your Account or password. You may not use anyone else's Account at any time, without the permission of the Account holder.
(a)
The Service may include opportunities, through your Account to participate in blogs, message boards, online forums, discussion platforms, and other online or digital media platforms such as Stock Market School and The $100K Club (“HFK Community”) that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute links, writings, photos, graphics, or other material ("Communications"). All Communications posted by you will be your sole responsibility.
(b)
Communications will be used only in a non-commercial manner. Victori Media has the right, but not the responsibility, to monitor or remove or request removal of Communications that we believe to be harmful, offensive, or otherwise in violation of these Terms, without liability to you. Victori Media, in its sole discretion, reserves the right to restrict or disable your use of the Service that it owns and makes available to you.
6. Online content
(c)
By submitting Communications, you warrant that you will; (i) follow all applicable laws or regulations; (ii) follow our Community Guidelines (below); and (iii) you have all necessary rights to submit such Communications without any restrictions of any kind. You hereby grant to Victori Media a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publicly display and perform, make derivatives works of, sublicense, and distribute all such Communications in all media now known or later developed, and/or to incorporate such materials in other works in any form, media, or technology now known or later developed.
(d)
Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties through Communications, are those of the respective authors and not of Victori Media therefore we are not responsible for the accuracy or reliability of same. Victori Media makes no representations or warranties regarding Communications.
7. Community guidelines and online conduct
We’re committed to a supportive, shame-free community. When participating in the HFK Community and posting Communications, you agree to uphold the values listed below, and contribute to a positive, welcoming environment. If you are found violating the community rules, we have the right to remove you as a member and you will not be entitled to a refund.
We believe--
Black Lives Matter
Money is political
Women’s rights are human rights
No one is illegal
Money is political
Science is real
Kindness is everything
(a) Communication with Team Her First $100K
Our team is here to support you and get your questions answered! We’ll do our best to respond within two business days if you ask a question.
(b) Kindess & Compassion first
We are all here to learn, grow, and challenge ourselves as investors and human beings. This is a non-shaming, judgment-free environment. Debate is natural, but kindness is non-negotiable. The $100K Club is a welcoming environment, and we’d like to keep it that way.
(c) Zero Tolerance for Hate Speech and Bullying
Degrading comments towards any race, religion, gender identity, sexual orientation, or disability will not be tolerated. Bullying of ANY KIND is not welcome and will result in the immediate cancellation of your subscription and removal from the community.
Additional content that will be met with immediate removal from the community: sexually explicit content, discussion of illegal activities, and any sort of harassment.
(d) No Self Promotion or Spam
We’re all here to learn, not to promote yourself, the businesses you’re involved in, or spam conversations with irrelevant links. Give more than you take and stay on topic.
(E) Respect Others Privacy (And Your Own)
What happens in the HFK Community stays in the HFK Community. Please do not screenshot and share personal information outside of the HFK Community. Also, please do not post any personal information that may compromise your safety or your bank account information.
(f) We Will Never Ask For Sensitive Information From You
Our team will never contact you via your personal social media or other platforms asking for personal information. Our team will only EVER message you via email or within the HFK Community. If this happens to you, know it is spam, and please do not share any personal information!
(g) No Shame. No Judgment. No Exceptions
We are each other’s biggest hype-people. There are no stupid questions, so feel free to ask them! No shaming or leaving judgmental comments towards others.
(b) The $100K Club subscription program
i. Sign up. When you purchase a subscription for The $100K Club, you are subscribing to an automatically renewing subscription that requires recurring payments at the stated frequency for the program in which you signed up for (e.g. monthly, annually). At sign up, you authorize us to charge you the subscription fee and any applicable taxes on the date of purchase. After that, your subscription will automatically continue at the selected interval unless you cancel your subscription as described in these Terms or we decline to renew your subscription.
ii. Changes/Modifications. We may change our subscription terms or subscription fees at any time. If the price of your subscription increases, we will notify you in advance so that you have an opportunity to change or cancel your subscription. We may also add, modify or remove benefits and features from a subscription, product, or service on a temporary or permanent basis. If you do not wish to continue your subscription with such modifications, you may cancel your subscription. Any failure to cancel or your continued use of the Service after the modifications constitutes acceptance of the changes.
iii. Fees/Payment. If any fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel, or terminate your access to the Service or cancel your subscription. If your credit card expires or your payment method is otherwise invalid, we do not automatically terminate your account and will attempt to try again. You will remain responsible for all charges and uncollected amounts incurred until you cancel or we, in our sole discretion, decide to terminate your account. In addition, we reserve the right to collect from you all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys' fees, collection agency fees and any other associated costs.
iv. Cancellation. When you cancel your subscription , you can only cancel future charges associated with such subscription. You can initiate your cancellation at any time, but the cancellation will only become effective at the end of your current billing period. In order to avoid future charges, you must cancel your subscription prior to the cancellation deadline listed in your account.
(B) Other Third Party Products and Refund Policy
Subscriptions and refunds of any products and services from Third Party providers are subject to their own policies. We are not responsible.
