Terms & Conditions
This site, www.mommawork.com, (the “Site”) is operated by or for MommaWork Inc. (“MommaWork”). By accessing or using this Site (including any current and future version of the Site) and/or downloading/using any material, information, software or services available thereon (collectively “Content”), you agree to the terms and conditions that follow (the “Terms of Service”) as they may be modified from time to time by us and acknowledge that you are forming a binding, enforceable legal contract between you and MommaWork. By accessing or using the Site and/or downloading/using Content, you represent and warrant that you have the right, power and authority to agree to and to be bound by these Terms of Service and to enter into a legal contract. If you do not agree to the Terms of Service, or if you do not have the right, power, and authority to agree to and to be bound by these Terms of Service and/or enter into a legal contract, you must immediately cease use of the Site.
Purpose of Site
The information, materials and services offered on this Site are provided solely for general information. Your use of the Site is conditioned on the understanding that the material and information on the Site is not offered as legal advice or medical advice on any matter and should not be used as a substitute for seeking professional legal or medical advice. MommaWork will not be responsible for any action or failure to act in reliance upon information on the Site or any third-party online location which may be accessed by a link from the Site. In addition to your use of the Site, your use of Content is subject to the additional terms, disclaimers and caveats that appear in these Terms of Service and throughout the Site.
Use of Site
Any Content, including, but not limited to, data, text, software, music, sound, photographs, images, graphics, video and messages contained on this Site may be proprietary to MommaWork, its licensors and/or contributors of such Content. The organization and layout of the Content are proprietary to MommaWork and are protected by copyright and other laws. You may not remove or alter any copyright management information, whether ostensible (e.g., ©) or inostensible (e.g., digital “watermarks”) employed by the owners or representatives of such proprietary Content to identify or protect their works.
MommaWork hereby grants to you a nonexclusive, nontransferable, revocable license to use only those portions of the Content that are made available to you by MommaWork on the Site, subject to and in accordance with the terms and conditions of these Terms of Service and any other limitations and conditions established by MommaWork from time to time.
You may not, except as expressly set forth above, or otherwise expressly or impliedly provided on the Site: (a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Content; (b) modify, merge or create derivative works of any portion of the Content; or (c) decompile, disassemble or reverse engineer any Content on the Site;
When using the Site or Content, you may not:
(1) upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, images, graphics, video, messages or other content that (a) is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, obscene, vulgar, racially or ethnically offensive or otherwise objectionable; (b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; (c) you know or, with the exercise of reasonable effort, should know to be false, misleading, or otherwise unreliable; or (d) you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
(2) encourage or engage in illegal activity;
(3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(4) upload, post, e-mail or otherwise transmit any material that contains software viruses, files or programs designed to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(5) interfere with or disrupt, or attempt to interfere with or disrupt, the Content or servers or networks connected to the Site;
(6) violate these Terms of Service or any applicable local, state, national or international law, rule, regulation or ordinance;
(7) engage in any fraudulent activities or otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the activities of other users of the Content or the Site;
(8) use any robot, bot, spider, other automatic device, or manual process to monitor or copy the Site or any Content contained thereon without MommaWork’s prior expressed written permission; or
(9) use any software, device, routine, or manual process to interfere or attempt to interfere with the proper functioning of the Site or the Content.
You acknowledge that MommaWork, its licensors and/or contributors of Content to the Site (collectively “Content Owners”) have and shall retain exclusive ownership of all proprietary rights in or to such Content, including the format and presentation thereof. You shall have no right or interest in any Content except the right to use the Content as set forth in these Terms of Service. You acknowledge that the Site and the Content has been created, compiled, prepared, selected and arranged by the Content Owners through the expenditure of substantial time, effort and money, and that it constitutes the valuable property and confidential copyrighted information of the Content Owners (“Proprietary Information”). You agree to take all necessary precautions to maintain the confidentiality of such Proprietary Information, to comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, and to not remove, conceal or obliterate any copyright management information or other proprietary notice included in the Content.
The Site may include links to other online sites or locations, such as news and other information, some of which may be operated by MommaWork and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites and it is your responsibility to comply with such other terms and conditions.
If you are a copyright owner or the authorized representative of a copyright owner, and you believe in good faith that your rights have been infringed on the Site or through the use of the Content, you may contact us at firstname.lastname@example.org.
It is the policy of MommaWork to terminate use of and/or access to the Site, its Contents, and any ancillary services associated with the Site that MommaWork has the right and ability to control, by individuals or entities that repeatedly infringe the copyrights of others.
By using the Site you are making available the Internet Protocol address (“IP Address”) used by your computer during the time you are accessing the Site. IP addresses are assigned by Internet numbering authorities to service providers (e.g., ISPs) for the purpose of routing data over networks. Your IP address may be statically (permanently) assigned for use by your computer or the local or wide area network used by your computer, or it may be dynamically assigned (temporarily, for the current online session only). In either case, your IP address may be identifiable to other users. This means that personally identifying information about you, such as your name, mailing address, content uploads and content requests and downloads, associated with your IP Address may be available to other users. If you request or upload illegal or infringing content, other users may be able to observe and record such requests or uploads. While your IP Address is just a series of numbers and does not, by itself, disclose your identity, your identify can be determined by tracing your IP Address to your access provider, such as your company or your Internet Service Provider (“ISP”). ISPs will not generally release such information upon request; but will do so when you have breached your agreement with the ISP or when they are compelled by appropriate procedures such as a warrant or subpoena. You understand that MommaWork is not responsible for access to your IP Address or for the revelation of personal information associated with your IP Address, and will disclose your IP Address or any information about your use of the Site or services or your identity if you violate these Terms of Service or if MommaWork is otherwise legally compelled to do so, and in any event provided that MommaWork has the right and ability to do so.
Remedies for Breach
Upon your breach of any of the provisions of these Terms of Service, MommaWork’s remedies shall include any monetary benefits that accrued to you as a result of the breach, any damages incurred by MommaWork related to such breach, and any other damages and relief available at law or in equity. If MommaWork retains any third party to obtain any remedy to which it is entitled under these Terms of Service, MommaWork shall be entitled to recover all costs, including attorneys’ fees or collection agency commissions that MommaWork incurs.
You agree to indemnify and hold harmless MommaWork and its affiliates and their respective officers, agents, partners, directors and employees, from and against any third party claim or demand (including reasonable attorneys’ fees), arising out of or relating to your use of the Site. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. MommaWork reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of MommaWork.
The Site and the Site’s content are provided on an “as is” and “as available” basis without representations, warranties or guarantees of any kind. MommaWork expressly disclaims any representations, warranties, or guarantees (a) as to title, accuracy, merchantability, and fitness for a particular purpose, (b) as to the quality, accuracy, timeliness or completeness of the contents of the Site and (c) against infringement for any content feature or service available on the Site or linked to the Site. MommaWork does not represent or warrant that access to the Site or services will be timely, uninterrupted or error-free, or that the Site or services will be secure. No advice or information, whether oral or written, obtained by you from MommaWork shall create any warranty or guarantee not expressly stated in these terms of service. MommaWork reserves the right, to the extent that it has ability to do so, to restrict or terminate your access to the Site, services or any feature or part thereof at any time. If you download any content from the Site or use services offered on the Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information, whether oral or written, obtained by you from MommaWork or through or from the Site, content, or services shall create any warranty of any kind.
Limitation of Liability
To the fullest extent permitted under applicable law, you understand and agree that (a) MommaWork and its respective officers, agents, partners, directors and employees and (b) any third party involved in creating, producing or delivering MommaWork content or services shall not be liable for any indirect, incidental, special, consequential, punitive or any other damages relating to or resulting from your use or inability to use the Site, content, or services or any other Site, content or software, services you access through a link from the Site, content, or services, or from any actions MommaWork takes or fails to take as a result of electronic or other messages you send us. These include, but are not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses.
You release (a) MommaWork and its respective officers, agents, partners, directors and employees and (b) any third party involved in creating, producing or delivering the Site, content, or services from claims, demands and damages (including, without limitation, direct, indirect, incidental, special, consequential, punitive, and any other damages) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Site, content, or services.
Under no circumstance will MommaWork or any of its respective officers, agents, directors, partners, or employees be liable in any way for any user content or any user’s use of the Site, content, or services, including, but not limited to, for any errors or omissions in or on the Site, content, or services or for any loss or damage of any kind incurred as a result of the use of the Site, content or services.
MommaWork shall have no liability for any damages resulting from any failure to perform any obligation hereunder or from any delay in the performance thereof due to causes beyond MommaWork’s control, including, without limitation, industrial disputes of whatever nature, acts of god, public enemy, war, acts of government, fire, other casualty, failure of any link or connection whether by computer or otherwise, or failure of technology or telecommunications or other method or medium of storing or transmitting content or services.
If you cause a technical disruption of the Site, content, or services or the systems transmitting them to you or others, you agree to be responsible for any and all liabilities, costs and expenses (including attorneys’ fees) arising from that disruption.
The Site employs various trademarks and service marks of MommaWork, including “MommaWork” and “MW”. You may not use or display such marks in any manner without the prior written permission of MommaWork. This Site may also employ other trademarks and service marks that are the property of third parties, or are licensed to, or owned by MommaWork. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
Modifications to Site and Content
MommaWork is continuously updating and changing the Site’s Content and services and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part therefore with or without notice. You agree that MommaWork shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Content or services.
Choice of Forum, Choice of Law, and Jurisdiction
These Terms of Service and your use of the Site and the Content thereon shall be governed by the laws of the State of New York of the United States without regard to its choice of laws principles, that would require application of the law of any other jurisdiction. You irrevocably consent to the jurisdiction of the federal and state courts located in the State of New York for any action to enforce these terms and conditions. If any material contained in, displayed or used by the Site or Content, or your use of the Site or Content, is contrary to the laws of the place where you are when you access it, the Site and Content are not intended for you, and you are not authorized to use them. You are responsible for informing yourself of, and complying with, the laws of your jurisdiction.
Any and all disputes arising outside of the United States in connection with this Agreement shall be settled by arbitration, unless otherwise mutually agreed by both parties to the dispute in writing. In the case of a dispute between you and MommaWork, the arbitration shall be held in State of New York and set up in accordance with the Rules of Arbitration and Conciliation of the International Chamber of Commerce (“ICC”). Any and all Arbitrators appointed pursuant to the ICC Rules shall be fluent in English and all documents submitted to the Arbitration panel shall be in English or accompanied by an English translation. Judgment upon the award may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
In the event any portion of these Terms of Service is determined to be illegal, invalid or unenforceable in any respect, such part shall be deemed severed from these Terms of Service without invalidating the remaining provisions of these Terms of Service or affecting the enforceability of such remaining provisions.
No waiver by MommaWork of any right under or term or provision of these Terms of Service will be deemed a waiver of any other right, term, or provision of these Terms of Service at that time or a waiver of that or any other right, term, or provision of these Terms or Use at any other time.
Changes to these Terms
MommaWork reserves the right, in its complete and sole discretion, to change these Terms of Service at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Service. Your continued use of this Site following the posting of changes to these terms or other policies means you accept the changes.
Service of Process
Except where prohibited by law or formal objection to international treaty, you consent to service of process by US or international registered mail at the address, if any, submitted by you to MommaWork pursuant to using the Site or Content.
Notwithstanding anything to the contrary herein, if you and MommaWork have entered into a separate written agreement that covers your use of the Site or any Content thereon, including MommaWork software (if applicable) or services (including, without limitation, any license agreement or non-disclosure agreement), the terms and conditions of such agreement shall control to the extent they are inconsistent with these Terms of Service.