Privacy Policy & Terms and Conditions

Privacy Policy

Privacy Policy

This Policy describes how whoggga collects, utilizes, discloses, and otherwise uses any personal information.

We shall identify the purposes for which any information is being collected, before, or at the time of, receipt of such personal information.

 

  1. The confidentiality of personal information shall be protected and maintained securely.
  2. We will collect and use personal information solely with the objective of fulfilling those purposes specified by us or for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  3. We will not retain personal information unless necessary for the fulfillment of those purposes.
  4. We will only collect personal information by lawful means, with knowledge or consent.
  5. We will protect personal information using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification.
  6. We will make information about our policies and practices relating to the management of personal information, available upon request.

whoggga membership agreement

WHOGGGA, LLC
MUTUAL STANDARD MEMBERSHIP COMMITMENT AGREEMENT
We, (collectively including the officers, employees, agents, successors, and assigns of
WHOGGGA LLC, known as “Us” or “We”), want to welcome You, the “whogggi”, to
whoggga! By joining us, you agree to the following commitments to which all whoggga
members must adhere. These commitments may change from time to time, and it is your
responsibility to adhere to them.

1432 CLAUSE
You agree to refrain from any of the following conduct and/or actions. You shall never engage in
selling or marketing tactics to your fellow whogggis. You will not distribute marketing materials
or business cards. You will never give an “elevator pitch”, or have “commission breath.”
Essentially, don’t do anything you would do at a traditional networking meeting. You agree to use the whogggApp and www.whogggApp.com as a platform to express yourself authentically, with your authentic voice, while respecting the boundaries of professionalism and fostering a positive and inclusive environment.

NON-DISCRIMINATION
You agree to never discriminate against anyone for the reasons of actual or perceived race, creed,
color, religion, alienage or national origin, ancestry, citizenship status, age, disability or
handicap, sex, gender, perceived gender, marital status, veteran status, sexual orientation, genetic
information, arrest record, housing, credit, employment, or any other characteristic protected by
applicable federal, state or local laws. You shall inform your Chief whogggi Officer of any
violations of conduct.

NON-COMPETITION
There are no non-competition, nor non-solicitation prohibitions as a member of whoggga.
IMAGE AND LIKENESS
You hereby grant to us, and our agents, employees, licensees, heirs, administrators, successors,
and assignees, the right to record your image, likeness, and/or voice, on any digital recordable
media, videotape, audiotape, or any media otherwise currently known, unknown, or yet invented,
in connection with whoggga events. Further, that said recording may be distributed or
transmitted in any manner by us, as well as our agents, successors, licensees, and/or assignees, so
long as the use of said material is in compliance with Federal obscenity laws.

ANTI-SPAM
You shall not use your membership in whoggga to indiscriminately send unsolicited
advertisements and messages, including but not limited to e-mail, mail, instant messaging, social
media, MMS, or newsletters. You shall not sell or disclose membership lists to any party that
will do the above.

CONFIDENTIALITY
During your time as a whogggi, you will receive certain “Proprietary Information”. You shall not
disclose any of the “Proprietary Information”, to any party, except as specifically set forth
within. “Proprietary Information” is hereby defined as any trade secrets, confidential, or
proprietary information by the parties, including, without limitation, any information, documents
or other correspondence whether communicated in writing, electronically or orally, which
contains information or data which is not known to the public, including but not limited to, that
which relates to internal documents, methods of operation, methods of processes, research and
development, product information, new product plans, practices, business methods, business
affairs, tools and techniques, sales plans, marketing plans, sales programs, marketing programs,
pricing information, financial information, employee files or other employee information,
strategic alliances or finances, financial statements, costs and expense data, client lists and data,
marketing and customer data, risk management strategies, recovery strategies, other trade
secrets, and any and all other such information as may be supplied by us, which is not generally
ascertainable from public or published information. All information which is disclosed by a
Disclosing Party shall be presumed to be Proprietary Information and “confidential” unless
otherwise specifically identified in writing by the Disclosing Party, and such Proprietary
Information shall at all times remain our exclusive property. You shall not disclose, reproduce,
copy, publish, transmit, or reveal, in any way, any of the Proprietary Information, to any party,
except if we expressly authorize you to disclose; or, where you are required to disclose it to
comply with the law or a Court Order. Your membership in whoggga does not grant you any
intellectual property rights. This paragraph with regard to confidentiality shall survive any
termination of this Agreement.

BREACH
No breach of this agreement shall be deemed material unless the party alleging such a breach
shall have given written notice of said breach to the other party, via certified mail, return receipt
requested, and such other party fails to cure such breach within thirty (30) days, after receipt of
said notice. Waiver of a breach of any provision of this agreement shall not be deemed or
construed to be a waiver of any subsequent breach. The parties agree that any breach or
threatened breach of this Agreement by you would cause not only financial harm, but irreparable
harm to us; that money damages will not provide an adequate remedy. In the event of a breach
or threatened breach of this Agreement by you, we shall, in addition to any other rights and
remedies it may have, be entitled to specific performance, including an injunction (without the
necessity of posting any bond or surety) restraining the you from disclosing or using, in whole or
in part, any Proprietary Information. Additionally, we shall be entitled to injunctive and such
other and further relief, including a stipulated liquidated damages amount of $100,000.00. You
shall also pay our costs and expenses, including, but not limited to, a mutually agreed reasonable
attorneys fee of 33 1/3% (thirty-three and one-third percent) of the amount due and owing, with
interest to be calculated and compounded at a rate of 1 ½% (one and one-half percent) per
month, per annum. The parties hereby waive the claim or defense that there is an adequate
remedy at law, and no party shall urge in any such action or proceeding, the claim or defense that
any such remedy at law exists. The parties acknowledge that the foregoing covenant is a
principal and indispensable element required for the protection of the personal and professional
goodwill of the parties, and that each of the parties has given full thought and consideration to
the reasonableness of same.

WARRANTIES AND DISCLAIMERS
We explicitly disclaim any warranties or representations with regard to any business you may or
may not receive as a result of your membership in whoggga, and disclaim any implied warranties
of merchantability, or fitness for a particular purpose. We are not responsible for any actions of
any individual whogggis to any other whogggi. We do not assume any responsibility for any
injuries or damages that may occur during any event. You will defend, indemnify and hold us
harmless from any and claims, costs, losses, damages, judgments, penalties, interest and
expenses (including reasonable attorneys’ fees) that arise out your acts or omissions.

TERMINATION
In the event you no longer wish to be a whogggi, you may terminate your membership at any
time, but the Confidentiality provisions of this Agreement survive any termination. You also
understand that no refunds or pro-rata returns will be given to you. We reserve the right to
terminate your membership for any violations of any of these commitments.

AUTHORITY TO SIGN
The parties warrant and represent that they have full power and authority to enter into this
Agreement, and is under no disability or prohibition that would prevent the performance of the
obligations hereunder. The parties will not enter into any other agreements during the term of
this agreement, which might materially interfere with the ability to perform their obligations
hereunder. The parties acknowledge that they may obtain independent legal counsel, regarding
the rights and obligations of this agreement.

RELATIONSHIPS BETWEEN THE PARTIES
This agreement does not and shall not be construed to create a partnership, joint venture, or any
other business enterprise or entity, between the parties. No promises or inducements have been
made by either party to the other, except as expressly provided herein.

THIS AGREEMENT
This agreement shall be construed in accordance with the Laws of New York State. The parties
agree that in the event you wish to enforce the terms of this Agreement, exclusive jurisdiction
shall be fixed in the Supreme or District Court of Suffolk County, State of New York. This
agreement constitutes the entire understanding between the undersigned parties, and supersedes
any and all previous agreements, whether written or oral. Whenever the text requires, the use of a
singular number shall include the appropriate plural number as the text of the agreement may
require, and vice versa. All pronouns shall be deemed to be the masculine, feminine, neutral,
singular, or plural as the identity of the person or persons may require. If any provision of this
agreement is held void or unenforceable, it shall not affect the enforceability of any other term or
condition in this agreement, and shall not void any liability of any party to this agreement. A
facsimile or electronic copy of this Agreement shall be deemed an original for all purposes, and
may be signed in counterparts