1. Changes to the Terms.
From time to time, Mom It Forward (“we”) may edit or add to these Terms, and we reserve the right to do so in our sole discretion. In that case, we will post the updated Terms to this Website. We encourage you to periodically review the Terms. Your continued use of the Website or related services after new or revised Terms are posted indicates that you have read, understood and agreed to those Terms.
The Website may include additional terms that apply to your use of specific services or to your participation in specific events, activities, or promotions. All such additional terms disclosed on the Website apply to your relevant activities in addition to these Terms, and your right to participate is conditioned in each case upon your accepting and agreeing to be bound by all such additional rules.
2. Location of the Website.
This Website is maintained on facilities located in the United States. Content on the Website may not be appropriate or available for use in other locations. If you access the Website from any other location, you do so at your own risk and you are responsible for complying with local laws.
3. License to Use
All of the content on this Website (the “Content”), including text, graphics, photographs, logos, audio and video clips, and software code, is owned or licensed by Mom It Forward. Mom It Forward grants you the right to access, copy, download, and print the Content for your personal and non-commercial use, provided that you do not modify or delete any copyright, trademark or other legal notice that appears within the Content. You agree not to modify, distribute, post, re-post, upload, reverse engineer, transfer, sell, or make available any of the Content without express written permission from Mom It Forward. Mom It Forward reserves the right to block anyone’s access to this Website at any time. Mom It Forward neither warrants nor represents that your use of Content on the Website will not infringe the rights of third parties.
4. User Conduct.
You agree not to use any Content for unauthorized purposes. You agree not to frame or otherwise cause the Website or any Content to be displayed in connection with the name, logo, trademark, or trade dress of any third party. You agree not to scrape or otherwise collect data or Content from the Website, including via any automated means. You agree not to interrupt, delay, or intercept data transmissions related to the Website, or attempt to do so in any way. You agree not to use any name or trademark of Mom It Forward or any Content from this Website in any metatag, hidden text, or other similar technique or technology without the written consent of Mom It Forward.
You agree not to use the Website to: Post content that you do not have the right to post, or that violates the intellectual property, confidentiality, privacy or other rights of any person or entity; Post advertising or promotional materials of any kind, including “spam” or other forms of solicitation or advertising; Post content that contains software viruses or any other instructions designed to interrupt, destroy or limit the functionality of any computer software or hardware or that disregards the terms under which you are permitted to access this Website; Post content that is offensive, obscene, abusive, defamatory, hateful or otherwise discriminatory, false or misleading, or that incites persons to take illegal action or that is intended to intimidate or harass another person; or use or attempt to use another’s account or personal information or otherwise attempt to gain unauthorized access to any portion of the Website.
Some features that may be available on this Website require registration. By registering on this Website in order to have the opportunity to use such features, you agree that all information you provide about yourself is true, accurate, current and complete.
Some features on this site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements or activity associated with the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you agree to notify Mom It Forward immediately.
You agree that Mom It Forward can terminate your right to access the Website at any time, for any reason or no reason, and can delete any or all of the User Content (as defined below) that you have submitted to the Website, without prior notice to you of any kind.
5. User Generated Content.
If you submit, contribute, or post any data, information, or content of any kind to the Website, including without limitation comments, text, audio or video files, images, or computer code (collectively “User Content”), you represent and warrant that the User Content is accurate and truthful, and does not violate any term of this Agreement, and that you have the right to submit it to the Website without violating the intellectual property rights, publicity or privacy rights, or other legal rights of any person or entity.
You remain the owner of all copyright or similar rights in the User Content, but by submitting User Content to Mom It Forward, you grant to Mom It Forward an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, make available, create derivative works from, distribute and display the User Content throughout the world in any media or format. You further agree that Mom It Forward is free to use any ideas, concepts, or know-how contained within the User Content and you waive any right you may have to attribution or integrity with respect to the User Content.
Mom It Forward may, but is not obligated to, review any User Content and may, at the sole discretion of Mom It Forward, remove or restrict access to, or modify User Content or any part thereof for any reason or no reason.
You represent, warrant and agree not to submit any personally identifiable information, including any User Content containing personally identifiable information, about any person who is under 13 years of age.
6. Third Party Websites and Content; Links.
This Website may contain links to websites and content that is not controlled by Mom It Forward (“Third Party Content”). Different terms and conditions may apply to your use of any linked sites or any Third Party Content. You acknowledge that Mom It Forward is not obligated to review any Third Party Content or any information or products available via any linked website and that Mom It Forward is not responsible or liable for your use or access, or inability to use or access, or any loss or damages that you suffer as a result of your use, access, or inability to use or access, any linked website or Third Party Content. Unless otherwise expressly stated on this Website, Mom It Forward is not a sponsor of, is not sponsored by, and does not endorse any linked website or Third Party Content. Mom It Forward makes no representations or warranties whatsoever about any linked website or Third Party Content.
7. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, Mom It Forward PROVIDES THIS WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Mom It Forward DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Mom It Forward SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Mom It Forward DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
8. LIMITATION OF LIABILITY.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL Mom It Forward, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE Mom It Forward PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE Mom It Forward PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE Mom It Forward PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITE, FOR YOUR USE OF THE WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITE OR OTHERWISE RELATING TO THE WEBSITE.
You agree to indemnify and hold harmless the Mom It Forward Parties (defined above) from and against any and all loss, costs, expenses, and damages, including without limitation attorneys fees, resulting, whether directly or indirectly, from (a) your violation of these Terms; (b) your use of the Website; or (c) any User Content that you make available or provide via the Website or otherwise to Mom It Forward, including User Content referenced through a posting, a link, a cross-reference, or otherwise.
Trademarks, logos and service marks displayed on this Website are registered and unregistered trademarks of Mom It Forward, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Website or in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected, including as a compilation, under the copyright laws of the United States and other countries.
Without limiting the foregoing, the following are trademarks of Mom It Forward, Inc.: Mom It Forward, #GNO, and the Mom It Forward logo.
12. Copyright Complaints; DMCA Compliance.
Mom It Forward respects the intellectual property rights of others and complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). As required by the DMCA, Mom It Forward has established a Designated Agent with the US Copyright Office. Contact our designated agent to report alleged copyright infringement. The designated agent is:
Jyl Johnson Pattee
Mom It Forward
Jyl AT momitforward.com
13. Miscellaneous Terms.
If any provision of these Terms is held to be invalid or unenforceable by virtue of any law or regulation or by the final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions, which shall be modified to give effect to the original intent of the parties. These Terms shall be governed by and construed according to the United Stated Copyright Act and the laws of the State of Utah, exclusive of its choice of law provisions. The parties agree that any disputes or proceedings between them concerning the Website or these Terms shall be brought in a federal or state court of competent jurisdiction sitting in Salt Lake County, Utah, and the parties hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver or ongoing waiver of any provision or right. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Mom It Forward as a result of these Terms or your use of the Website. These Terms constitute the entire agreement between you and Mom It Forward relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms) between you and Mom It Forward. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions or comments about these Terms or the Website, please contact us by emailing us at: jyl AT momitforward.com
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