Terms of Use
Last Updated July 30, 2024
The following terms and conditions (the “Terms of Use”), are entered into by and between you and Mothercould LLC (the “Company,” “we,” “our,” “us,” or “Mothercould”).
The Terms of Use govern your access to and use of www.mothercould.com or any other Mothercould-affiliated website (collectively, the “Website”) and any content, functionality and services offered on or through the Website (the “Services”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website and/or Services because your use of the such constitutes your agreement to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, and any additional terms and conditions and policies referenced or linked herein such as the Company’s Privacy Policy, all of which are hereby incorporated as a substantive part herein, you must not access or use the Website or Services.
The Company hereby grants you a personal, limited, nonexclusive, nontransferable license to access the Website and Services, in whole or in part, solely for your personal, noncommercial use as described below.
The Website and Services are offered and available to users who are 13 years of age or older. If you are not 13 years of age or older, you must not access or use the Website or Services. By using the Website or Services, you represent and warrant that you are 13 years of age or older. Company reserves the right to request proof of age of any user, at any time, to confirm if access and use are in compliance with these Terms of Use, as well as to cancel any noncompliant accounts.
1. Changes to the Terms Of Use
The Company reserves the right to amend or update these Terms of Use from time to time in the Company’s sole discretion without notice. All changes are effective immediately when posted here on the Website and apply to all access to and use of the Website and Services thereafter. The most current version of these Terms of Use will supersede all previous versions. Your continued use of the Website and/or Services following the posting of revised Terms of Use means that you accept and agree to the changes. For this reason, the Company encourages you to review these Terms of Use whenever you use the Website and/or Services because by visiting the Website, you agree to accept any such changes. The Company provides you with access to and use of the Website and Services subject to your compliance with these Terms of Use.
2. Use of the Website
a. Use. The Website includes resources available for free or paid download, including Mothercould In Your Pocket, and links to Mothercould products, our recommended products and Services (collectively the “Resources”).
b. Fees. While many of our Resources are free, we may charge fees in consideration of the Resources selected. You are responsible for all taxes. Further terms and conditions relating to your purchase may apply.
c. Payment Processing. Payment processing services, including the processing and storing of credit card data, are provided by a third party and are subject to that party’s Terms (“Third Party Terms”). By agreeing to these Terms of Use and continuing to use our Services, you agree to be bound by the Third Party Terms, as the same may be modified from time to time. As a condition of the Company enabling payment processing services, you agree to provide the Company accurate and complete information about you, and you authorize use to share this information with our third party processor.
d. Pricing. Prices for our Resources are subject to change without notice. We reserve the right to modify or discontinue the Resources at any time without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of the Resources.
e. Refunds. Due to the varied nature of the Resources, our refund policy may differ based on the product or Service selected. We do not offer refunds for our downloadable content, such as Mothercould In Your Pocket. For Mothercould products, we offer a thirty (30) day refund or exchange window. For any recommended products or Mothercould products sold on a third-party platform or Linked Website, please see that seller’s refund policy. For any questions or for help, please contact us at collaborate@mothercould.com.
3. Materials and Content
No material from the Website, Services, or the Resources may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Website. The Website, Services, and Resources, including all materials that are part of the Services, information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software, the HTML used to generate the pages, the Company name, trademarks, designs, logos, copyright, the Mothercould In Your Pocket materials, the Mothercould branded products, and all other intellectual property and proprietary rights therein and thereto (collectively, “Materials and Content”), are copyrights, trademarks, trade dress or other intellectual property and proprietary rights owned, controlled, or licensed by Company or its subsidiaries and affiliates upon the terms hereunder. Conditioned upon your compliance with these Terms of Use, you may only use the Materials and Content and the Website and Services for your personal, noncommercial use; any other use of the Materials and Content or Services without Company’s express written consent in each instance is strictly prohibited. No right, title, or interest in any Materials and Content is granted or transferred to you as a result of your access or use thereof. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the Materials and Content or Services. Unauthorized use of the Materials and Content is expressly prohibited by law, and may result in severe civil and criminal penalties.
The Company puts forth its best efforts to ensure that the information provided on the Website, the Services, and the Resources is accurate but cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any damage caused as a result of any errors or omissions on this Website, the Services, or the Resources.
The Company may, from time to time, provide information from a third party in the form of a podcast, sound recording, article, blog post, or any other medium. The Company does not control the information provided by such third-party guest contributors. The Company cannot guarantee the accuracy of any information provided by any third-party guest contributor nor is the Company responsible for investigating the accuracy of any information provided.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website, or through the Services or the Resources. You agree to use judgment and conduct due diligence before taking any actions or inaction suggested or recommended on this Website, or through the Services or the Resources.
4. Adult Supervision
The Website, Services, and Resources are targeted towards adults and may contain information regarding activities, recipes, or other parenting hacks relating to or for children (each a “Kid Activity”). Adult supervision is required for any Kid Activities. By allowing a child or children to engage in a Kid Activity, you represent and warrant that you will supervise the Kid Activity and use your best judgement to ensure the child or children’s safety. You represent and warrant that throughout any Kid Activities you shall observe the child or children closely and intervene as necessary to prevent potential safety problems and ensure appropriate use of any and all materials as intended by following the directions and/or warnings on the label of any materials used. Please pay close attention to any activity-specific safety tips that may be included on the Website and/or Resources.
5. For Educational and Informational Purposes Only
The information contained on this Website, Services, and the Resources are for educational and informational purposes only and is not intended as, nor shall be understood or construed as legal, financial, tax, medical, health, or any other professional advice. As such, the Company does not make any guarantees as to the result of taking any particular action based on the information provided through the Website, Services, and/or Resources.
6. Proprietary Rights
We respect the intellectual property of others and ask that our users do the same. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied or used on the Website in a way that constitutes copyright infringement, please send the following information to our Copyright Agent at collaborate@mothercould.com:
Your address, telephone number, and email address.
A description of the copyrighted work that your claim has been infringed.
A description of where the alleged infringing material is located on the Website.
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with the requirements of the section, your notice may not be valid.
The Company may, at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe upon the intellectual property rights of others.
7. Prohibited Use
The Website and Services may be used only for lawful purposes and are available only for your personal, noncommercial use. As a condition of your use of the Website and/or Services, you warrant to the Company that you will not use the Website, Services, or any of the Resources or Materials and Content for any purpose that is unlawful or prohibited by these Terms of Use. You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Website, Services, or any other systems or networks connected to the Website or Services, by hacking, password “cracking,” or any other illegitimate means. You may not breach or cause to breach the security or authentication measures on the Services or any other systems or networks connected to the Website or Services, or otherwise attempt to interfere with the proper functioning of the Website or Services. You will not falsify your identity or impersonate another person engage in conduct that limits the use and enjoyment of any of the foregoing, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.
In addition, you agree not to and will not assist another to:
a. reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website or Services, in whole or in part, except as expressly permitted by us;
b. upload, post or store any materials that directly or indirectly contain viruses, corrupted files or any other similar harmful mechanism;
c. link to, mirror or frame any portion of the Website or Services without our prior express written permission;
d. scrape, index, survey, or data mine any portion of the Website or unduly burden or hinder the operation of the Services;
e. remove any notice of the proprietary rights of our licensors and us from any portion of the Services or printed/published version thereof;
attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
attempt to interfere or interfering with the operation of our Website, our provision of Services to any other visitors to our Website and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “email bombing” or “crashing” the Website; and,
forge any TCP/IP packet header or any part of the header information in any email or transmission or posting to the Website.
Violations of system or network security may result in civil or criminal liability. The Company investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.
8. User Content
We welcome your comments and feedback regarding our Website, Services, and products. We do not, however, accept confidential or proprietary information. Accordingly, any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content, submissions, or materials that you (i) submit or post on the Website, on any of our blogs, social media accounts or through tools or applications the Company provides for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including Instagram, X (formerly Twitter), Meta (formerly Facebook), TikTok, and Pinterest, which tag our social(s) or are tagged with any Mothercould-promoted hashtag (collectively “User Content”) shall be deemed nonconfidential and nonproprietary.
By submitting, publishing, displaying, posting, or distributing any User Content, you hereby grant to the Company and its affiliates an unrestricted perpetual, irrevocable, royalty-free, fully paid up, worldwide, sublicensable and transferable right and license (though not obligation) to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, image, persona, likeness and all other identifying indicia included in any User Content and your social media account handle, username, legal or stage name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further payment, notice to or approval by you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms of Use or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. The Company will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information.
The Company shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. The Company retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms of Use, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Website, on your social media accounts or through any tools or applications the Company provides for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms of Use, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 13 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by the Company, you will furnish any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.
You are solely responsible for the User Content and you hereby agree to indemnify and hold the Company and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
The Company does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else, and expressly disclaims any and all liability in connection with User Content, and you agree that Company and its third-party service providers are not responsible, and shall have no liability to you, with respect to any User Content. By submitting or posting the User Content, you fully and unconditionally release and forever discharge the Company and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by the Company or you of the User Content, including any and all claims that use of the User Content pursuant to these Terms of Use violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.
You acknowledge and agree that the Company may not have control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. The Company has no obligation to screen or monitor User Content. If the Company becomes aware of any User Content that allegedly may not conform to these Terms of Use, The Company may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms of Use. The Company has no liability or responsibility to users of the Website of Services for performance or nonperformance of such activities.
THE COMPANY HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE, EXCLUDING VERIFIED USER REVIEWS. NOTWITHSTANDING, COMPANY DOES NOT ENDORSE, SUPPORT, SANCTION, ENCOURAGE, VERIFY, OR AGREE WITH THE COMMENTS, OPINIONS, STATEMENTS, OR REVIEWS POSTED ON FORUMS, BLOGS, ANY LINKED WEBSITE, OR OTHERWISE CONTAINED IN THE WEBSITE OR SERVICES. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST THE COMPANY FOR SUCH REMOVAL AND/OR DELETION. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE WEBSITE OR SERVICES. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE WEBSITE OR ANY OTHER SITES OR PLATFORMS.
9. Access to the Website
The Company, for any reason or for no reason, in its sole discretion and without notice to you, reserves the right to revise the products and Services described on the Website and to terminate, change, suspend or discontinue any aspect of the Website or Services, including, restricting and or terminating users’ and/or registered users’ access to some or all of the Website or Services, and the Company will not be liable to you or to any third party for doing so. The Company may also impose rules for and limits on use of the Website or Services or restrict your access to part, or all, of the Website without notice or penalty. The Company has the right to change these rules and/or limitations at any time, in its sole discretion.
10. Account Information and Security
To access the Website, Services, or some of the resources offered thereto, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website, Services, and the Resources that all the information you provide therewith is correct, current, and complete. You agree that all information you provide to register hereunder or otherwise, including through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions the Company takes with respect to your information consistent with the Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of the Company’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, Services, or portions of it using your user name, password or other security information. You agree to notify the Company immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Company has the right to disable any user name, password or other identifier, whether chosen by you or provided by the Company, at any time in its sole discretion for any or no reason, including if, you have violated any provision of these Terms of Use.
11. Termination
a. You Terminate. You may terminate these Terms of Use at any time by cancelling your account and/or discontinuing your access to and use of the Website and Services. If you use the Website or Services after cancelling your account, you will be deemed to have agreed to the Terms of Use.
b. We Terminate. You agree that we, in our sole discretion, and for any or no reason, may terminate these Terms of Use and suspend and/or terminate your account(s) on the Website or Services without prior notice. You agree that any suspension or termination of your access to the Website or Services may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination.
c. Other Remedies Available. If we terminate these Terms of Use or suspend or terminate your access to or use of the Website or Services due to your breach of these Terms of Use or any suspected fraudulent, abusive, or illegal activity (including, if you engage in any of the prohibited uses), then termination of these Terms of Use will be in addition to any other remedies we may have at law or in equity.
d. Effect of Termination. Upon any termination or expiration of these Terms of Use, whether by you or us, you may no longer have access to information that you have posted on or through the Website and Services, that you have downloaded, or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Notwithstanding anything to the contrary herein, all provisions which require a party’s actions after termination or which by their nature are intended to survive termination shall so survive.
12. Email and Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically, via email and on the Website or through the Services, satisfy any legal requirement that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you.
We may also send you promotional communications via email, including newsletters, special offers, surveys, and other news and information we think may be of interest to you. If you do not want to receive such email communications, you may opt out or change your preferences by clicking the “unsubscribe” link within each promotional email or other opt out mechanism provided with such communication.
13. Links to Third Party Websites and Services
All matters concerning your use of any services, products, or other offerings from any third party operating any site or property to which the Website contains a link (each a “Linked Website”) are solely between you and the Linked Websites. We make no warranties or representations whatsoever with regard to any services and products provided by the Linked Websites. You will not consider us, and we will not be construed as, a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to any such transactions. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Websites. Links to Linked Websites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, code or other materials presented on or through such websites. The inclusion of any link to such Linked Websites on our Website or services does not imply our endorsement or recommendation of that Linked Website and we do not represent or warrant that the contents of any third-party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. From time to time, the Website and services may contain affiliate links or sponsored content, and we will comply with applicable laws and regulations where applicable, which may include issuing appropriate disclosures in accordance with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising.
Any access to or reliance on the contents of a third-party website, including any Linked Website, is done at your own risk. By using any product, service, or functionality originating from the Website or Services, you hereby acknowledge and consent that the Company may share user information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the users and customers of the Website and Services, in accordance with our Privacy Policy.
14. Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY AND ANY OF ITS OWNERS, DIRECTORS, MANAGERS, EMPLOYEES, REPRESENTATIVES, OFFICERS, AGENTS, SUPPLIERS/VENDORS, SUBLICENSEES AND LICENSEES (COLLECTIVELY WITH THE COMPANY, THE “COMPANY PARTIES”) OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THIS WEBSITE, THE SERVICES AND RESOURCES, YOU MAY DOWNLOAD, ACCESS, OR PURCHASE FROM OR THROUGH THIS WEBSITE, SERVICES, RESOURCES, OR LINKED WEBSITES. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR ANY USE OF ANY OF THE FOREGOING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AVAILABILITY, USE, OR PERFORMANCE OF THE WEBSITE, SERVICES, AND RESOURCES OR OTHERWISE ARISING OUT OF THE USE OF ANY OF THE FOREGOING, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (INCLUDING WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF PROPERTY), EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, YOUR ACCESS TO AND USE OF THE WEBSITE, SERVICES, MATERIALS AND CONTENT (INCLUDING YOUR USER CONTENT), OR ANY ITEMS, SERVICES, OR PRODUCTS, PURCHASED, OR SOLD THROUGH THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO US BY YOU FOR THE SERVICES THAT IS THE SUBJECT OF THE CLAIM.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, SERVICES, MATERIALS AND CONTENT, OR PRODUCTS OWNED OR CONTROLLED BY THE COMPANY PARTIES.
15. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
These Terms of Use, including all matters of construction, validity, and performance, and all disputes arising out of or connected with the Terms of Use, the Website, and the Resources (each a “Dispute,” collectively, the “Disputes”), shall, in all respects, be governed by and construed in accordance with the laws of the State of Florida without regard to any principles of conflict of laws, except that the arbitration clause herein shall be governed by the Federal Arbitration Act. Any Dispute shall be settled by mediation under the Commercial Mediation procedures of the American Arbitration Association (the “AAA”), except that if mediation of a Dispute is not successful within two (2) months of appointment of a mediator, such Dispute shall be settled by individual arbitration under the Commercial Arbitration Rules of the AAA. The place of mediation or arbitration shall be the AAA office nearest to Agency’s principal place of business in Florida. The language of the mediation or arbitration shall be English. The arbitrator shall be an expert an attorney with experience in the field of intellectual property and advertising law. Notwithstanding this arbitration provision, any Dispute not resolved through arbitration that is less than $10,000 USD and qualifies for treatment on a non-jury basis in a small claims court of in Florida may be resolved in such small claims court on an individual basis at the election of either party. All Disputes shall be mediated, arbitrated, or litigated on an individual basis. You irrevocably waive any right it may otherwise have to proceed on a class or collective basis. Further, you irrevocably waive all right to trial by jury as well as any argument or claim of improper venue or forum non conveniens. The foregoing provisions shall not limit the right of Mothercould to collect payments due or payable, or prevent either party from commencing any action or proceeding to compel arbitration, obtaining injunctive relief pending the appointment of an arbitrator, or obtaining execution of any award rendered in any such action or proceeding, or in any other manner provided venue for all such proceedings shall be in the state or federal courts within Miami, Florida. The parties shall bear their own expenses, except that parties shall equally share the expenses of any mediator or arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the Dispute). The prevailing party in any arbitration may seek from the arbitrator an award of the party’s reasonable outside attorneys’ fees and costs incurred. Judgment on any the award rendered by any arbitrator may be entered in any court having jurisdiction thereof.
16. Disclaimers
THE FOLLOWING IS IN ADDITION TO, AND NOT IN LIEU OF, ANY DISCLAIMERS CONTAINED ELSEWHERE IN THE TERMS OF USE.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, RESOURCES, MATERIALS AND CONTENT, LINKED WEBSITES, COMMUNICATIONS, FUNCTIONS, AND ALL OTHER MATERIALS PROVIDED OR DISPLAYED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY MAKES ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING AS TO INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, USABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, OR USEFULNESS, AND SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE WEBSITE AND/OR SERVICES. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOREGOING WARRANTIES AS WELL AS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
ALL CONTENT, INCLUDING MATERIALS AND CONTENT, FOUND ON THE WEBSITE, AND/OR THROUGH THE SERVICES OR RESOURCES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL PARENTING ADVICE, MEDICAL ADVICE, NUTRITIONAL ADVICE, OR THERAPY. YOU ARE URGED AND ADVISED TO CONSULT WITH YOUR PHYSICIAN, OTHER QUALIFIED HEALTH OR OTHER PROVIDER, OR LICENSED PROFESSIONAL BEFORE UNDERTAKING ANY HEALTH, DIET, OR LIFESTYLE CHANGES, INCLUDING USING THE RESOURCES AVAILABLE ON OUR WEBSITE OR SERVICES.
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANY RESOURCES. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE WEBSITE OR SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR SERVICES.
17. Notice of Financial Incentive
Certain privacy laws define a “financial incentive” as a program, benefit, or other offering “related to the collection, deletion, or sale of personal information.” We may offer users the opportunity to participate in contests, surveys, or other promotions that may be considered a financial incentive. Our collection of your personal information allows us to operate these financial incentives. The types of information we collect when you voluntarily participate in a financial incentive is generally similar to the types of information we collect from those who do not choose to participate. For purposes of applicable law, we reasonably estimate the value of a participant’s personal information to the Company to be reasonably related to the value of the offered prize or promotion, which may vary depending on the type of financial incentive we are offering. Please review our Privacy Policy to learn more about how we collect and use your personal information.
18. International Users
The Website and Services are controlled, operated and administered by the Company from its offices within the United States. We do not represent that materials or elements on the Website and Services are appropriate or available for use in other locations If you access the Website or Services from a location outside the United States, you agree to comply with all applicable local laws, rules and regulations in connection with your use of the Website.
19. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company Parties, from and against all actual or alleged third-party claims, damages, awards, judgments, penalties, interest, losses, costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), liabilities and expenses (including reasonable outside attorneys’ fees), of every kind and nature whatsoever, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including damages to property or personal injury, that are caused by, relate to, or arise out of (a) your use of or inability to use the Website or Services, (b) any user postings or User Content made by you, (c) your violation of any terms of these Terms of Use, (d) your violation or infringement of any rights of a third party, (e) any breach or non-performance of any covenant or agreement made by you, or (f) your violation of any applicable laws, rules or regulations. You agree to promptly notify the Company of any Claims. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN ANY SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY.
20. Governing Law; Venue
Subject to Section 15, any legal action or proceeding arising under these Terms of Use will be brought exclusively in the State of Florida, Miami-Dade County and we and you irrevocably consent to the personal jurisdiction and venue there.
21. The Company’s Privacy Policy
Your use of the Website and Services is also subject to the Company’s Privacy Policy (the “Privacy Policy”). Please review the Privacy Policy, which also governs the Website and Services and informs users of our data collection, storage, and disclosure practices. By submitting your personal information through the Website or Services, you expressly consent to the collection, use, and disclosure of personal information in accordance with the Privacy Policy.
22. General Information
a. Entire Agreement. If you are using the Website or Services on behalf of a legal entity, you represent that you are authorized to bind such legal entity to these Terms of Use and Privacy Policy. These Terms of Use, along with the Privacy Policy, constitute the entire agreement between you and the Company and govern your use of the Website and Services, and they supersede any prior agreements between you and the Company. You also may be subject to additional terms and conditions that are applicable to certain parts of the Website, Services, and/or Resources. The Company may deny you access to any of the foregoing at any time, immediately and without notice, if in the Company’s sole discretion, you fail to comply with any provision of these Terms of Use.
b. Independent Contractors. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms of Use or your use of the Website.
c. Time to Bring a Dispute or Claim. Any Dispute or Claim you may have with respect to the Company or the Website or the Services must be commenced within one (1) year after the Dispute or Claim arose.
d. No Assignment. You may not assign the Terms of Use or any of your rights or obligations under the Terms of Use without the Company’s express written consent. The Terms of Use inure to the benefit of the Company’s successors, assigns, affiliates, and licensees.
e. Headings and Construction. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect. References to “include,” “including,” or synonyms thereof shall be illustrative and construed to mean “including but not limited to” or such equivalent.
Severability; No Waiver. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Company's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Unless otherwise noted, to contact the Company with any questions or concerns in connection with this Terms of Use or the Website or Services, or to provide any notice under these Terms of Use to us, please contact us.