GENERAL TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITONS CAREFULLY. YOUR USE OF THE MOMMYPOWER WEBSITE (AS DEFINED BELOW) CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
Welcome to the Mommypower.com Website (the “Mommypower.com Website”). The Mommypower.com Website consists of content, search functionality, communication and personalization tools, community services and more which services we may expand or change from time to time (the “Services”). The Mommypower.com Website consists of the Mommypower.com Website and any web pages or co-branded websites ending in the domain “mommypower.com” and any other website owned or operated by Mommy Power, Inc. or any other Mommy Power, Inc. interface including such interfaces viewed remotely through a television (the “Sites”)
The Sites and Services are made available by Mommy Power, Inc. (“Mommypower”) subject to these General Terms and Conditions (the “Terms and Conditions”). We reserve the right to update or make changes to these Terms and Conditions from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including, without limitation, by posting the revised Terms and Conditions on the Mommypower.com Website. You can determine when these Terms and Conditions were last revised by referring to the “Last Updated” legend at the top of these Terms and Conditions. When using the Sites or any of the Services provided thereby, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into these Terms and Conditions.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part to: modify or discontinue the Sites or any of the Services with or without notice, to charge fees in connection with the use of the all or parts of the Sites or any Service; modify or waive any fees charged in connection with the use of the Sites or any Service; and/or offer opportunities to some or all users of the Sites or any Service. You agree that we shall not be liable to you or any third party for any modification, suspension, termination or discontinuance of the Sites or of any of the Services, content, features, or products offered through the Sites. Your continued use of the Sites after any such changes or discontinuance will constitute your acceptance of such changes.
TERMS OF USE
By using Sites, any Service or the content thereof you are unconditionally agreeing to Mommy Power, Inc. Terms of Use and the Mommy Power, Inc. Privacy Policy. If you do not agree to the terms of the Agreements, you are not permitted to use the Sites or the Services. Mommy Power, Inc. reserves the right to change any provision of the Agreements at any time without notice to you.
PRIVACY
Please review our Privacy Policy [djs1] which also governs your visit to Mommy Power, Inc., to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Mommy Power, Inc., send e-mails to us, or submit to our content submission forms, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TERMINATION
You acknowledge and agree that Mommypower may terminate your access to the Sites or to any of the Services should you fail to comply with the Terms and Conditions or if you engage in conduct that Mommypower, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Mommypower or its affiliates or business contractors, or to other third parties, or any conduct that Mommypower believes, in its sole discretion, may violate any local, state, federal or foreign laws or regulations. Mommypower further reserves the right to terminate any user’s access to the Sites or to any of the Services for any reason or for no reason at all, in Mommypower’s sole discretion, with or without prior notice, or any notice. Mommypower also may suspend or terminate any user account for any Service because of user inactivity as determined by Mommypower.
Upon any such termination, you agree that Mommypower may immediately deactivate or delete your password, username and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Mommypower shall not be liable to you any third party for any termination of you access to the Sites or to any such information or files and shall not be required to make such information available to you after any such termination.
COPYRIGHT
All content included on the Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mommy Power, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Mommy Power, Inc. and protected by U.S. and international copyright laws.
TRADEMARKS
MOMMY POWER, and other website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Mommy Power, Inc. or its affiliates in the U.S. and/or other countries. Mommy Power, Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not Mommy Power’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mommy Power, Inc.. All other trademarks not owned by Mommy Power, Inc. or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mommy Power, Inc. or its affiliates.
LICENSE AND SITE ACCESS
Mommy Power, Inc. grants you a limited license to access and make personal use of the Sites and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mommy Power, Inc.. This license does not include any resale or commercial use of the Sites, any of the Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Sites, the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites or any portion of the Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mommy Power, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mommy Power, Inc. and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Mommy Power, Inc.’s name or trademarks without the express written consent of Mommy Power, Inc.. Any unauthorized use terminates the permission or license granted by Mommy Power, Inc.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mommy Power, Inc. so long as the link does not portray Mommy Power, Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mommy Power, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.
SUBMISSIONS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mommy Power, Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, including emails sent to official email addresses of Mommy Power, Inc. or associated agents, employees, affiliates or assigns, and unless we indicate otherwise, you grant Mommy Power, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mommy Power, Inc. and its affiliates and sublicensees the right to use the name, email address, city and state and number of children that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Mommy Power, Inc. or its affiliates for all claims resulting from content you supply. Mommy Power, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Mommy Power, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that Mommypower shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
FORUMS
Mommy Power, Inc. may make certain forums available that allow registered users and visitors the opportunity to participate in moderated discussions and to post information on bulletin boards (collectively “Forums”). All participants in these Forums are solely responsible for the information and other content the post on and through these Forums and should be aware that when they voluntarily disclose personal information on or through these Forums, that such information is generally accessible to and may be collected and used by other participants and may result in unsolicited online and offline messages from such viewers. Participants in these Forums are encouraged to exercise discretion when providing personal information about themselves in and through Forums.
RISK OF LOSS
All items purchased from Mommy Power, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Mommy Power, Inc. and its affiliates attempt to be as accurate as possible. However, Mommy Power, Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MOMMY POWER, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOMMY POWER, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOMMY POWER, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOMMY POWER, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MOMMY POWER, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOMMY POWER, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNITY AND RELEASE
By using the Sites and Services, you agree to indemnify Mommypower and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from (a) you use of the Sites, including without limitation, your use of any of the Services, (b) your submission of ideas and/or related materials to Mommypower, (c) any person’s use of any account or password you maintain with any portion of the Sites or Services, and (d) your breach of these Terms and Conditions. By using the Sites or Services, or submitting any ideas and/or related materials to Mommypower, you are agreeing to release Mommypower, its parents, subsidiaries, affiliates, officers, employees and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Services or to any disputes regarding use of ideas and/or related materials submitted by you to Mommypower. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES, FOR EXAMPLE, YOU SPECIFICALLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE, SECTION 1542 WHICH PROVIDES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS IN SHICH THE CREIDITOR DOES NOT KNOW OR SUSPECT EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHCH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTELMENT WITH THE DEBTOR”
NO ENDORESEMENTS
Mommy Power, Inc. does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the website, nor does Mommy Power, Inc. endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of Mommy Power, Inc..
APPLICABLE LAW
By visiting Mommy Power, Inc., you agree that the laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Mommy Power, Inc. or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Mommy Power, Inc. or to products you purchase through Mommy Power, Inc. shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate Mommy Power, Inc.’s intellectual property rights, Mommy Power, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
COPYRIGHT COMPLAINTS
Mommy Power, Inc. and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately so that we may work with you to resolve the situation.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see The United States Copyright Office/Library of Congress for details. Notices and counter-notices should be sent to:
Registered Copyright Agent
Mommy Power, Inc.
230 Central Street
Auburndale, MA 02466
617-592-9794
Rights Reserved
Mommy Power, Inc. reserves all rights not specifically granted to you under the section titled “Permission” above.
Materials on www.mommypower.com are provided to you by license only. Mommy Power, Inc. and its licensors own and continue to own all copies of such materials however made.
Mommy Power, Inc. may alter, suspend or discontinue www.mommypower.com at any time for any reason without notice or cause. The site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
Mommy Power, Inc. may deny or terminate the permission granted under these Terms at any time for any reason by giving you notice, and upon such notice, you agree to return or destroy all copies of materials which you obtained or derived from Mommy Power, Inc.’s Web site.
Access to mommypower.com is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of www.mommypower.com constitutes consent to such monitoring.
Mommy Power, Inc. Not Responsible for User Postings
You hereby release Mommy Power, Inc. from any liability to you based on any defamatory, infringing or otherwise unlawful or illegal material posted on the Mommy Power, Inc. Web site by other parties. You acknowledge that Mommy Power, Inc. is not responsible for accuracy or content of the opinions and information posted by other users of the Mommy Power, Inc. Web site.
Disclaimers
Reference to any product, process, publication, service or offering of any third party by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply its endorsement or recommendation by Mommy Power, Inc..
Mommy Power, Inc. is not responsible for the accuracy or reliability of any information posted by users or other third parties to www.mommypower.com, and views and opinions of users of www.mommypower.com do not necessarily state or reflect those of Mommy Power, Inc.. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinion, advice or content available at www.mommypower.com.
The Internet is inherently unreliable and subject to breaches of security. Mommy Power, Inc. is not responsible for the performance of any portion of the Internet including other World Wide Web sites to which www.mommypower.com may be linked or from which mommypower.com may be accessed.
Mommy Power, Inc. may link its site to other Web sites that may be maintained by third parties. These other sites are not under Mommy Power, Inc.’s control and Mommy Power, Inc. is not responsible for the contents of such site. Mommy Power, Inc. provides these links as a convenience to you and the inclusion of a link in the Mommy Power, Inc. Web site does not constitute an endorsement or recommendation by Mommy Power, Inc. of the company products or services offered or promoted at the linked to site.
Mommy Power, Inc.’s Web site and all information it contains are provided “AS IS.” Mommy Power, Inc. makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability or operation of www.mommypower.com or the information it contains.
INFORMATION OR COMPLAINTS
Under California Civil Code, Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites or Services, please send an email to info@mommypower.com or by calling us at 617-592-9794. You may also contact us at 230 Central St., Newton, MA 02466. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Return Policy and Privacy Notice, posted on this site. These policies also govern your visit to Mommy Power, Inc.. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
