Last updated December 31, 2024
The Second First Membership, administered by Second First, LLC (“Second First,” “we,” or “us”) and our website at www.secondfirst.com, along with our related websites and other services provided by us (collectively, the “Service”). This Membership Agreement (“Membership Agreement”) is a legally binding contract between you and Second First regarding your use of the Service. Please read the terms of this Membership Agreement carefully before purchasing a Membership.
DESCRIPTION OF SERVICES
Second First offers a variety of Services, including, but not limited to its membership program (herein referred to as “Membership”), which includes the Second First virtual community platform, private networking events, discounts and perks, and educational content, as well as additional Services that may be modified at any time.
Membership. To apply for a Membership, please visit https://secondfirst.com/membership and complete the application questions. Once your application is approved, in Second First's sole discretion, this Membership Agreement will govern the terms and conditions of your Membership.
Eligibility Requirements. In order to access the Services, you must (a) be at least eighteen (18) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using Services under the laws of the United States, your place of residence or any other applicable jurisdiction. By using the Services, you agree that you meet all of the eligibility requirements set forth in this Section and the Membership Agreement. We may still refuse to let certain people access or use the Services, and we may change our eligibility criteria at any time, in our sole discretion. In order to be eligible for Membership, all applicants and Members must also comply with our Website Terms of Service.
REGISTRATION
When registering an account for the Services (“Account”) or submitting an application for Membership, you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary to keep it current. You agree that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone.
You further agree to notify Second First immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account at any given time. Second First reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and insure to the benefit of Second First. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU.
PRIVACY
Your use of the Services and the information you provide to us there is subject to our Privacy Policy, incorporated herein by reference, which governs our collection and use of data submitted to us through our Services. By using the Services, you agree to our use of cookies in advertising. Please note that from time to time we will share our Members contact information with our partners and sponsors for marketing purposes in order to deliver the best possible services and opportunities to our Members. Members are free to opt out of these marketing messages at any time.
NOTIFICATION SERVICE
You agree we may contact you using any and all information you provided when signing up for the Membership with updates about your account, our regular newsletter, meet-up opportunities, any other opportunities that become available for our Members, and in connection with Your Content (defined below). You agree that Second First has the right to use all information you provide when purchasing a Membership You may opt out of our emails using the unsubscribe link in its footer anytime.
YOUR CONTENT
You own any and all of the content and information you post or share on or through the Services or otherwise provide to Second First (“Your Content”). For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual, irrevocable license to use any IP content that you post on or in connection with our Site or Services for any purpose, in accordance with the settings on your account and the features of the Site and Services you elect to utilize. You agree that you will not post or share any sensitive personal data on the Site unless you agree to its use in accordance with our Privacy Policy. When you post Your Content on our Site, you acknowledge and agree that it will be publicly available and we or other users may replicate ideas and themes found in that content. You are solely responsible for Your Content and the consequences of posting or publishing Your Content. By posting or publishing Your Content, you affirm, represent, and warrant that: (i) you are the creator and owner of Your Content, or have the necessary licenses, rights, consents, and permissions to authorize Second First and other Second First users of the Service to use and distribute Your Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Second First, the Service, and these Terms; and (ii) Your Content, and the use of your Your Content as contemplated by these Terms, does not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) cause Second First to violate any law or regulation.
Events. If you attend a Second First event, whether virtual or in person, you also grant Second First the right to use any photos or videos taken of you at the event for Second First’s promotional and advertising purposes and otherwise on the Site and Services without compensation to you, and waive any rights of privacy, publicity, or any other similar rights you may have in connection with such photos or videos.
USER RULES
All Members must comply with the Community Guidelines listed below. If a Member violates any of the Community Guidelines, their Membership may be canceled immediately by Second First.
Community Guidelines:
To ensure transparency and authenticity in our community, prior approval is required for posts that are part of paid promotions or affiliate partnerships.
CONFIDENTIALITY: Anything discussed in a Private Cohort space or Second First Exchange meeting may not be shared outside of the present members. All things shared must be kept in the strictest of confidences in perpetuity, whether you remain a Second First member or not. Guests and Second First team members will also be kept to the same standard of confidentiality. Second First commits to only use company aliases in any written materials to prevent information leakage.
GROWTH MINDSET: We ask that members adopt a growth mindset in Private Cohorts and Second First Exchange meetings:
• Listen with respect, openness, and without judgement.
• Ask tough questions, hold each other accountable, and embrace discomfort.
• Challenge the status quo and embrace new ideas.
• Seek to understand other points of view. We believe in the power of diversity in background, culture, experiences, and perspectives
PREPARATION & PRESENCE: Members are expected to thoughtfully prepare for each Private Cohort of Second First Exchange meeting, submit all projects by the deadline, and do “pre-thinking” on what takeaways you hope to get from fellow members. Because we permit electronic devices, we ask that members be fully present and an active participant during all meetings and resist the urge to multitask. Opportunities to check-in, send emails, and return calls will be provided by facilitators.
If you have any questions or need any help please send us a message at [email protected].
IMPERMISSIBLE USE OF THE SITE AND SERVICE
You agree not to use the Site and/or Services to:
Post unauthorized commercial communications (such as spam). Collect other users’ content or information using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission. Upload viruses or other malicious code. Solicit login information or access an account belonging to someone else. Post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. Do anything unlawful, misleading, malicious, or discriminatory. No unapproved marketing to the community. Do anything that could disable, overburden, or impair the proper working or appearance of the Services, such as a denial of service attack or interference with page rendering or other functionality. Facilitate or encourage any violations of these terms. Post content or take any action on the Site that infringes or violates someone else’s rights or otherwise violates the law. Infringe others’ intellectual property rights. Use our copyrights or trademarks or any confusingly similar marks without our prior written permission. Copy, recreate, or otherwise misappropriate the content posted by other users of the Site.
OUR CONTENT
Other than Your Content (or the Content provided by other users that qualifies as “Your Content” for them – we’ll call it “Others’ Content”), we own any and all of the content, advice, and information on the Site and Services, including all IP Content (“Our Content”). We grant you, on a personal and individual basis, permission to access and use Our Content as necessary for you to enjoy the Services. You may not use Our Content for any other purpose, on behalf of any third party individual, or on behalf of any entity absent the separate written agreement of Second First.
PAYMENT
Payment Terms for Other Services. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Second First with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to the Membership Agreement to determine your rights and liabilities. By providing Second First with your credit card number and associated payment information, you agree that Second First is authorized to immediately charge your credit card for all fees and charges due and payable to Second First hereunder and that no additional notice or consent is required. Similarly, if you elect any available payment plan option, you agree that Second First is authorized to charge your credit card per the payment schedule outlined in the payment plan on our website and at checkout. You agree to immediately notify Second First of any change in your billing address or the credit card used for payment hereunder (or any other related agreement). Second First reserves the right at any time to change its prices and billing methods, upon notice to you.
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly or annual fees, you must provide a new eligible payment method promptly or your Membership access will be removed.
You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Since we have a clear and explicit Refund Policy that you have agreed to prior to completing the purchase of the Membership, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Refund Policy for Services
Membership Fees: Membership are an annual commitment and non-refundable. If a member is permanently removed from the community due to a violation of the Membership Agreement, they are not eligible for partial reimbursement. If a Member reaches out to cancel during the 12 month term, all remaining scheduled payments will still be owed to Second First.
Third Party Payment Processor. Second First uses a third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). The third party's Privacy Policy and Seller Terms are available on their website.
Pricing
The pricing below is as of December 31, 2024 and is subject to change. Second First reserves the right to update pricing as needed. You agree to pay the monthly fees listed on the checkout page for the Membership. The Membership is a 12 month commitment with monthly payments of $650.
Recurring monthly payments are due and will be charged to your card on the same calendar day each month. You agree to continue making a monthly payment until you request a cancellation according to the Cancellation Policy set forth below, or until we terminate your Membership. In the event that any payment is not made by the due date, the Company shall immediately suspend Your access to the Membership.
Your subscription renews automatically at the end of twelve (12) months and Your debit/credit card will be charged the fee You chose at the time of purchase, until you cancel. Your subscription will be activated as soon as Your debit or credit card is successfully charged.
From time to time Second First may elect to offer discounts or special offers to purchase the Membership. Second First does so at its sole discretion and is not obligated to provide refunds to Members who paid a higher fee at a different time. Second First reserves the right at any time to change its prices and billing methods, and will provide advance notice.
“Founding Members” are members that join between January 1, 2025 and January 31, 2025. “Founding Members” will have a lifetime discounted monthly payment of $444. If a “Founding Members” canceled their Membership and returns at a later date, they forfeit their discounted pricing and must reenroll at the current Membership price on the checkout page for the Membership.
CANCELLATION POLICY
Memberships are an annual commitment and non-refundable. If you choose to cancel before the 12 month period ends, you may, and you will continue to have access to the site until the end of your membership term. Memberships will be auto-renewed every 12 months. If you do not wish to be charged before your auto-renewal, you must cancel at least 30 days prior to the renewal date. You must notify the Company of your request to cancel in writing via email by sending your request to [email protected]. Please include the following in your email:
I understand that by canceling, I will be removed from any online forum and will lose access to all content, but that I am still bound by all ongoing provisions in the Second First Membership Agreement which I agreed.
Signed,
[ENTER YOUR NAME]
Upon cancellation of your subscription, you will no longer have access to the members-only portal on the last business day of the month in which your membership is active.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected].
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, OR ATTENDANCE AT ANY MEMBER ORGANIZED EVENT, IS AT YOUR SOLE RISK, AND THE SERVICES, AND ANY SECOND FIRST MEMBER ORGANIZED EVENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SECOND FIRST PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
SECOND FIRST PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (4) ANY ERRORS ON THE SERVICES WILL BE CORRECTED; (5) YOUR USE OF THE SERVICES WILL NOT EXPOSE YOUR HARDWARE OR NETWORKS TO ADDITIONAL SECURITY RISK; OR (6) THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICES. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR OTHERS, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. CHIEF MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES.CERTAIN JURISDICTIONS' LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
No Liability for Conduct of Third Parties
YOU ACKNOWLEDGE AND AGREE THAT SECOND FIRST PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SECOND FIRST PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL SECOND FIRST, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES AND/OR SERVICES, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITES, SERVICES AND/OR THEIR CONTENT IS AT YOUR SOLE RISK.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Second First and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Sites, or Services.
TRADEMARKS
The trademarks and service marks displayed on the Sites and Services are the registered and unregistered trademarks, service marks and trade dress of Second First and its licensors. Second First trademarks, service marks and trade dress may not be used in connection with any product or service that is not Second First, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Second First. All other trademarks not owned by Second First that appear on the Site or in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Second First.
COPYRIGHT
Except for Your Content, all content included on or made available through any Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Second First or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Services is the exclusive property of Second First and protected by U.S. and international copyright laws.
THIRD-PARTY WEBSITES
The Services may contain links to third-party websites. These links are provided for your convenience only. Second First has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Site, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
THIRD-PARTY PRODUCTS AND SERVICES
Any products and/or services offered by third parties you obtain as a Member or visitor (including without limitation through discounted goods/services, giveaways, or as Member perks) are offered and/or sold by their third party creator, performer and/or brand. SECOND FIRST SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH THESE PRODUCTS OR SERVICES. Please read our disclaimer section carefully, as it also explains how we disclaim liabilities relating to any potential claims over the price, purchase, or receipt of third party goods and/or services.
RESOLUTION OF DISPUTES
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to its conflict of laws principles. The state and federal court nearest to Nashville, Tennessee shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or its content, including but not limited to the Company’s Privacy Policy or this Agreement. By using the Program, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
WAIVER AND SEVERABILITY
No waiver of these Terms by Second First shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Second First to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. Unless otherwise specified, the Services are presented solely for the purpose of promoting products and services available in the United States. Second First makes no representation that the Second First Services are appropriate or available for use in other locations. If you access Second First Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
ACCOUNT ACCESS
You are responsible for your login credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your login credentials on the Service. You represent and warrant that the information you provide to Company upon the licensing of the Service and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials
To use the Service, you will have log-in information, including a username and password. You may always browse the public-facing pages of the Service without registering, but to take full advantage of the Service, you will need to create an account. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Second First by email at [email protected]. You will be solely responsible for the losses incurred by Company and others due to any unauthorized use of your account.
COMMUNICATIONS
Company may communicate with you by email or posting notice on the Service. You may request that we provide notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer service-related purposes. Electronic Notices. By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at [email protected].
SUGGESTIONS AND SUBMISSIONS
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, “Creative Ideas”), we will: Own, exclusively, all now known or later discovered rights to the Creative Ideas; Not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and Be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
The interactive areas of the Website and Second First Channels (including Circle) are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information, sometimes with one another, and sometimes directly with Second First. To protect your safety, please use your best judgment when submitting information to the Website and Second First Channels. We particularly discourage divulging personal phone numbers, addresses, or other personal or personally identifiable information in public areas of the Website and Second First Channels. Second First reserves the right to delete, move, or edit any Post (as defined below) at any time, for any reason, but Second First has no obligation to review or remove any such content. Second First does not endorse any information or user view communicated in such public areas by the users of the Website or Second First Channels.
CONSEQUENCES OF VIOLATING THESE TERMS
If you do not act acceptably, we may prohibit your use of the Service. We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. Second First may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
ENTIRE AGREEMENT
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Second First with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
MODIFICATIONS
Second First reserves the right to make changes to these Terms, including the terms that apply to purchases or returns, at any time. If Second First makes a material modification to these Terms, we will attempt to notify you by displaying an announcement within the Services or by sending you an email, and that will be deemed sufficient notification of such changes.
CONTACT INFORMATION
If you do not understand or agree with any of these conditions, please do not purchase this Membership. If you require further clarification, please contact [email protected].
Second First
222 2nd Ave, Suite 1700
Nashville, TN 37201
Email Address: [email protected]
Last Updated: December 31, 2024
