By using the SERVICES you agree to be bound by these TERMS.
- Who May Use the SERVICES
- CONTENT on the SERVICES
- Using the SERVICES
- Limitations of Liability
SECTION 1 Who May Use the SERVICES
You may use the SERVICES only if you agree to form a binding contract with MOMMATOWN LLC and are not a person barred from receiving SERVICES under the laws of the applicable jurisdiction. If you are accepting these TERMS and using the SERVICES on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
SECTION 2 Privacy
SECTION 3 CONTENT on the SERVICES
You are responsible for your use of the SERVICES and for any CONTENT you provide, including compliance with applicable laws, rules, and regulations. You should only provide CONTENT that you are comfortable sharing with others.
Any use or reliance on any CONTENT or materials posted via the SERVICES or obtained by you through the SERVICES is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any CONTENT or communications posted via the SERVICES or endorse any opinions expressed via the SERVICES. You understand that by using the SERVICES, you may be exposed to CONTENT that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All CONTENT is the sole responsibility of the person who originated such CONTENT. We do monitor the user CONTENT posted via the SERVICES, but we make no guarantee that any content will be considered accurate or appropriate for all ages or all other users. Users are responsible for their own posted CONTENT.
Adult Users who register children under 18 have full access to their child user CONTENT and should monitor the content the child user posts, to moderate the accuracy and safety of said CONTENT. Adult Users who register children under 18 have full access to monitor content posted TO the child and should moderate the accuracy and safety of said CONTENT. It is the responsibility of the Adult User to monitor all communication to and from their connected child account user.
MOMMATOWN LLC respects the intellectual property rights of others and expects users of the SERVICES to do the same. We reserve the right to remove CONTENT alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your CONTENT has been copied in a way that constitutes copyright infringement, please report this by visiting our report page (https://www.mommatown.com/reporting).
You retain your rights to any CONTENT you submit, post or display on or through the SERVICES. What's yours is yours — you own your CONTENT (and your photos and videos are part of the CONTENT).
MOMMATOWN LLC has and maintains the right to modify or adapt your CONTENT as it is displayed, syndicated, published, or broadcast by us and/or make changes to your CONTENT in order to adapt the CONTENT to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any CONTENT that you submit.
SECTION 4 Using the SERVICES
Please review the MOMMATOWN LLC Membership Policy (https://www.mommatown.com/membership-policy.html) and Content Policy (https://www.mommatown.com/content-policy.html) which outlines what CONTENT is prohibited on the SERVICES. You may use the SERVICES only in compliance with these TERMS, all MOMMATOWN LLC POLICIES, and all applicable laws, rules and regulations.
Our SERVICES evolve constantly. As such, the SERVICES may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the SERVICES or any features within the SERVICES to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any CONTENT on the SERVICES, suspend or terminate users, and reclaim usernames without liability to you.
If you use advertising features of the SERVICES, you must agree to our MOMMATOWN LLC Advertising SERVICES Agreement (https://www.mommatown.com/advertising-agreement.html).
If you use commerce features of the SERVICES that require credit or debit card information, such as our WeSchool Post n Sell website, or any other website now or in the future that become part of the SERVICES, you agree to our MOMMATOWN LLC Commerce TERMS (https://www.mommatown.com/commerce-terms.html).
You will need to create an account to use some of our SERVICES. You are responsible for safeguarding your account. You are required to use a strong password and limit its use to this account. You are required to create an obscure handle that does not particularly identify you. We cannot and will not be liable for any loss or damage arising from your failure to comply with basic security measures users must employ including but not limtied to, creating a strong password, not allowing anyone else access to your account, use of credentials in public places or on unsafe networks, or theft by other technical means.
You can control most email communications from the SERVICES. We may need to provide you with certain communications, such as TERMS update notices. These communications are considered part of the SERVICES and your account, and you may not be able to opt-out from receiving them.
Your License to Use the SERVICES
MOMMATOWN LLC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the SERVICES. This license has the sole purpose of enabling you to use and enjoy the benefit of the SERVICES as provided by MOMMATOWN LLC, in the manner permitted by these TERMS.
The SERVICES are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the TERMS gives you a right to use the MOMMATOWN LLC name or any of the MOMMATOWN LLC trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the SERVICES (excluding CONTENT provided by users) are and will remain the exclusive property of MOMMATOWN LLC and its licensors. Any feedback, comments, or suggestions you may provide regarding MOMMATOWN LLC, or the SERVICES is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Ending These TERMS
We may suspend or terminate your account or cease providing you with all or part of the SERVICES at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these TERMS or the MOMMATOWN LLC Membership Rules, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the SERVICES to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the TERMS shall terminate, including, without limitation, your license to use the SERVICES.
SECTION 5 Disclaimers
The SERVICES and all included CONTENT are provided on an "as is" and "as available" basis without warranty of any kind, whether express or implied. Your access to and use of the SERVICES or any CONTENT are at your own risk.
The "MOMMATOWN LLC Entities" refers to MOMMATOWN LLC, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE MOMMATOWN LLC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
The MOMMATOWN LLC Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the SERVICES or any CONTENT; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the SERVICES or any CONTENT; (iii) the deletion of, or the failure to store or to transmit, any CONTENT and other communications maintained by the SERVICES; and (iv) whether the SERVICES will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the MOMMATOWN LLC Entities or through the SERVICES, will create any warranty or representation not expressly made herein.
MOMMATOWN LLC Entities takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our SERVICES. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. See our SECTION 4 of this document, and also our Content Policy which indicates acceptable Content on MOMMATOWN LLC SERVICES. MOMMATOWN LLC does not and can not anticipate nor claim that all content found on our SERVICES will be found accurate, acceptable, or appropriate for all individuals.
SECTION 6 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MOMMATOWN LLC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, USE, GOOD-WILL, RESULTING FROM:
(i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR
(iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MOMMATOWN LLC ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID MOMMATOWN LLC, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE MOMMATOWN LLC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SECTION 7 General
We may revise these TERMS from time to time. The changes will not be retroactive, and the most current version of the TERMS, which will always be at https://www.mommatown.com/terms-of-use.html, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the SERVICES after those revisions become effective, you agree to be bound by the revised TERMS.
The laws of the State of Florida, excluding its choice of law provisions, will govern these TERMS and any dispute that arises between you and MOMMATOWN LLC. All disputes related to these TERMS or the SERVICES will be brought solely in the federal or state courts located in Duval County, Florida, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the SERVICES in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these TERMS and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding choice of law).
In the event that any provision of these TERMS is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TERMS will remain in full force and effect. MOMMATOWN LLC's failure to enforce any right or provision of these TERMS will not be deemed a waiver of such right or provision.
These TERMS are an agreement between you and MOMMATOWN LLC. If you have any questions about these TERMS, please contact us.
Effective: May 11, 2017