MOMMY SOS LLC – TERMS AND CONDITIONS
Last Updated: [3/12/19]
Please take a few minutes to review these Terms (as defined below) carefully. Your use of https://mommy-sos.com/index.html (the “Website”) indicates your agreement to follow and be bound by the Terms of Service. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE WEBSITE.
1. Legal Agreement
Your use of this Website and our associated social media groups (collectively referred to as “Website”) is governed by the terms and conditions discussed below including any documents or policies they expressly incorporate by reference (collectively, these “Terms”) governing access to and use Mommy SOS LLC’s coaching, consulting, courses, and related materials, including the Mommy SOS Membership Community and any activities provided through the Website, associated social media groups (including Facebook), mobile applications, newsletters, and other services (collectively the “Services”) offered on or through the Website whether as a visitor, customer, guest, a registered account user, or other user. This means that by using the Website and the Services, you are agreeing to these Terms of Service, which results in a legal agreement between you and Alma Mater Solutions. If you do not agree to the Terms of Service, please do not access or use our Services through this Website.
Terms such as “Mommy SOS,” “us,” “we,” “our,” or “it” refer to Mommy SOS LLC. “You,” “your,” “user,” and similar terms means you, the individual accessing the Website or participating in the Services, as well as any other person or business on whose behalf you may be using the Website or who may have rights through you.
THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
PLEASE REVIEW SECTION 26 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH MOMMY SOS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
3. Revisions to the Terms
We reserve the right to revise and update these Terms at any time in our sole discretion without prior notice. All changes are effective immediately, but will not apply retroactively, when we post them on the Website, so your use of the Website or participation in the Services means you agree to be bound by those revisions. Therefore, we encourage you to periodically review these Terms.
If you do not accept and agree to any revised portions of these Terms, you may reject the Terms by immediately discontinuing use of the Website and the Services. In the event you reject the Terms and continue to access or use the Website or Services, such continued access or use is unauthorized.
4. Your Relationship to Mommy SOS
In agreeing to the Services, you understand that Mommy SOS will serve as an independent contractor, and is in no way your employee, agent or business partner. Nothing in these Terms shall constitute a partnership, agency, joint venture or employer-employee relationship between you and Mommy SOS or authorize you to make any representation on behalf of or in any way to bind Mommy SOS to any obligation of any kind, express or implied, to any third party, or to incur any liability on behalf of you. Mommy SOS is retained solely for the purpose of providing you the Services. Nothing in these Terms shall prohibit Mommy SOS from furnishing the Services to others, at Mommy SOS’s sole discretion
5. Mommy SOS Account
You may be required to create an account through the Website and specify a password in order to use the Services (the “Account”). In order to create an Account, you must be at least 18 years old and you must provide truthful, accurate, and complete registration information. You may not impersonate anyone else when creating your Account. If your information changes at any time, please update your Account to reflect the changes.
When creating your Account, you must provide and maintain accurate and complete information and you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and keeping your password secure. You agree not to use the Account, username, or password of another Mommy SOS user at any time or to disclose your password to any third party. Each user may only create one Account, and Mommy SOS reserves the right, in its sole discretion, to confirm that a user only has one Account. You may never create an Account using a false identity or information, on behalf of someone other than yourself, or use another person's Account without permission.
You agree to notify Mommy SOS immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. You are solely responsible for any and all use of your Account. Although Mommy SOS will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Mommy SOS or others due to such unauthorized use.
These Terms shall remain in full force and effect while you use the Website, participate in our Services, maintain an Account, and even after your Account is terminated. You may terminate your Account at any time, for any reason by contacting Mommy SOS at Jennifer@mommy-sos.com Mommy SOS may terminate your Account at any time, without warning and in Mommy SOS's sole discretion, if you breach these Terms, or otherwise.
If Mommy SOS terminates your Account because you have breached the Terms, you may not be entitled to a refund of any unused Services, unless otherwise required by law.
privacy policies. Therefore, we recommend you read any third-party company’s terms and conditions and privacy policies so you can understand the manner in which they will handle your Personal Information.
6. Payment Terms
Mommy SOS provides private consultation packages for individual and a monthly Mommy SOS Mommy SOS Membership Community. All consultation package purchases are final once the initial consultation has taken place, and therefore nonrefundable. The Mommy SOS Membership Community is refundable if you contact us within the first 30 days of your membership. After the first 30 days expire, the Mommy SOS Membership Community is nonrefundable but you are free to cancel with 14 days notice. You cannot exchange any of your purchases and you cannot transfer them to another user or client of Mommy SOS.
All prices for Services posted on this Website are subject to change without notice. The prices charged for the Services will be the price in effect at the time the purchase is made and will be reflected in your confirmation email. Price increases will only apply to orders placed after such changes. The prices for any Services available for purchase through Mommy SOS, do not reflect any federal, state or local taxes (collectively “Taxes”). Taxes or any additional charges will be itemized in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any purchases arising from such errors.
Mommy SOS may also provide gift certificates, otherwise termed as “gift cards,” that can be used to purchase the Services as determined in Mommy SOS’s sole discretion. Such gift cards may be subject to additional terms and conditions.
You represent and warrant that (i) the credit card information you supply for purchases is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. In the event your payment is returned for any reason, you will automatically be charged any bank fee or third-party payment processor fee imposed on Mommy SOS, in addition to our own processing fee, as determined by Mommy SOS. If this occurs, we retain the right to collect any current and past due balances at any time after the returned payment.
Mommy SOS reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel any purchases. These restrictions may include, but are not limited to, orders placed by or under the same Account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the email, billing address, or phone number provided at the time you place your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to update your Account and other information, including your email address and credit card information, promptly so that we can complete your transactions and contact you as needed.
7. Medical Disclaimer
Mommy SOS strongly recommends that your consult with your physician or your child’s physician before participating in the Services, especially if you or your child have any physical limitations. We also strongly encourage you to review the American Academy of Pediatrics’ recommendations for safe sleep, available at https://www.aap.org/en-us/advocacy-and-policy/aap-health-initiatives/healthy-child-care/Pages/Safe-Sleep.aspx.
Although Mommy SOS members, representatives, and contractors may hold licenses in professional counseling, working with these individuals through participation in our Services does not establish a therapist/client or doctor/patient relationship with any medical professional.
You also acknowledge that through these Terms you have been informed that Mommy SOS makes no claims as to medical results that can or may be obtained through your use of our Services. Mommy SOS has neither suggested nor will suggest any medical treatment or mental health counseling to you. Only licensed medical professionals in your state or country are qualified to give such advice, so we encourage you to be in contact with your own personal physician, your child’s pediatrician, and your mental health counselor as needed throughout your participation in our Services.
8. Confidential Information
During your use of our Services, you may either receive or provide us with information or materials that are confidential and therefore cannot be disclosed to a third party (the “Confidential Information”).
Mommy SOS may share with you Confidential Information such as our different sleep training courses and materials or Mommy SOS live chats. Therefore, you agree that all resources and materials you receive from Mommy SOS as part of the Services are considered Confidential Information.
Likewise, as part of our Mommy SOS Membership Community, you will be able to engage in our social media groups, and other message boards or forums. Through these groups, we strive to create a safe space for members to be open to share sensitive information with one another so any content posted in our Mommy SOS Membership Community groups is considered Confidential Information.
Also, if either of us provide any documents to the other that are labeled “confidential” (or something similar) or any other personal information, it will be considered Confidential Information.
If either you or Mommy SOS receive any Confidential Information, we both agree to treat such information with the same degree of confidentiality as either of us do with our own confidential information and, in any event, with no less than a reasonable degree of care. Mommy SOS may disclose all or any part of the Confidential Information to our employees, contractors, and other representatives and agents on a need-to-know basis. In addition, if Mommy SOS is required to disclose information in response to law, rule, court order, or other legal process, we may do so without breach of its obligations of confidentiality.
Confidential Information does not include any information, or any portion of any information based thereon, that: (i) was known to you or Mommy SOS at the time of its disclosure; (ii) was or becomes generally available to the public other than as a result of a disclosure by you or Mommy SOS; (iii) has already been or is hereafter independently acquired or developed by you or Mommy SOS without violating these Terms; or (iv) was or becomes available to you or Mommy SOS on a non-confidential basis from a source other than you, provided that such source is not, to your or Mommy SOS’s knowledge, subject to a confidentiality obligation with respect to such information.
9. Website Modification, Suspension, or Cancellation
Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material. However, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website or Services, including processing of our products, with or without notice to you. You agree that Mommy SOS shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or Services. In addition, we reserve the right to terminate your access to the Website or Services for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of the Website, our Services, Mommy SOS, and our users as a whole.
10. Website Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You may not, nor may you permit, any third party directly or indirectly to:
- Use the Website in any way that violates any applicable federal, state, local, or international law or regulation;
- Use the Website or any associated social media groups to sell or promote products or services to any other Users without our prior written permission
- Export the Services of the Website, which may be subject to export restrictions imposed by US law, including U.S. Export Administration Regulations (15 C.F.R. Chapter VII);
- Use the Website for the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Transmit, procure, or send any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- Impersonate or attempt to impersonate Mommy SOS, a Mommy SOS employee, another user, or any other person or entity (including, without limitation, by using any email addresses associated with any of the forgoing);
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Mommy SOS or users of the Website or expose them to liability;
- Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Copy, monitor, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way the material, information or Services on the Website for any purpose without our prior written consent;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
- Attack the Website via a denial-of-service attack or distributed denial-of-service attack;
- Transfer any rights granted to you under these Terms;
- Otherwise use the Services except as expressly allowed under these Terms and applicable Policies.
If we reasonably suspect that your use of the Website has been for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, and any of your transactions, with law enforcement and to terminate or suspend your access to all or part of the Website.
11. Website Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Mommy SOS, its licensors, or other providers or such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit the use of the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, expect as follows:
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. If you wish to make any use of material on the Website other than as set out in this section, please address your request to: Jennifer@mommy-sos.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website, and our social media features, will end immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Mommy SOS. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
12. Ownership Work Product
Unless otherwise set forth in these Terms, all work product, files, documents, spreadsheets, text, graphics, photos, designs, computer records, video recordings, and other materials produced or obtained by Mommy SOS in furtherance of the Services performed for you (collectively referred to herein as “Work Product”) are works for hire and shall become and remain your exclusive property. The term “Work Product” shall expressly not include, and Mommy SOS shall retain all of our rights, title, ownership and interest to: (i) all materials owned by or licensed to Mommy SOS prior to, or independent from, the performance of Services for you under these Terms, and all modifications thereof; (ii) all generic or proprietary information developed by Mommy SOS; (iii) all ideas, software, applications, methodologies, processes or procedures used, created or developed by Mommy SOS in the conduct of our business; (iv) any Work Product that is not accepted or otherwise delivered to you (such as drafts and proposal documents); or (v) any Work Product that you have not paid Mommy SOS for creating and, where applicable, producing such Work Product. In the event that any Work Product includes material, the rights in which are owned by a third party, we shall grant to you, at your expense, only such rights as the third party permits us to grant to you.
The Mommy SOS name and all related names, logos, product and service names, designs, and slogans are trademarks of Mommy SOS or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
14. Your Responsibilities If You Break the Terms
You agree that if you violate any of the Terms, or any liabilities are incurred arising out of your use of this Website or participation in the Services, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account or personal information unless you can prove that such use was fraudulent.
15. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
16. Age Restrictions
You must be at least 13 years old to use the Website and you must be at least 18 years old to participate in the Services, including registering for an Account.
In cases where you are a parent or guardian who authorizes a minor under 18 to use our Website, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of our Website; and (iii) the consequences of any misuse by the minor. You acknowledge that we have no obligation to monitor the content accessible on or through our Website.
We do not collect personal information from individuals under the age 18 without parental or legal guardian consent, subject to the additional terms discussed herein. Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13 without verified parental or guardian consent. If you are under 13, you are not permitted to use our Website or any related Services and should not provide us with any Personal Information about yourself, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we learn we have collected or received Personal Information from a child under 13 without verified parental consent, we will delete that information in accordance with the Children’s Online Privacy Protection Act. If you believe we might have any information from or about a child under 13, please contact us at Jennifer@mommy-sos.comand we will take reasonable steps to ensure that such information is deleted from our records.
19. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional Terms we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any provision of these Terms.
You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
20. Links from the Website
21. Geographic Restrictions
The owner of the Website is based in the Commonwealth of Virginia in the United States of America. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
22. Services Waiver and Release
In consideration of being allowed to participate in the Services, you forever waive and release Mommy SOS, its members, owners, employees, trustees, contractors, volunteers, representatives, agents, assigns, successors, and anyone else acting for or on its behalf (collectively referred in this Services Waiver and Release as “Mommy SOS”) from any and all liability arising out of the Services. On behalf of yourself or any others who may claim on your behalf, you promise not to sue, and hereby forever irrevocably waive, release, remise and discharge Mommy SOS from any and of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, your participation in the Services. This Services Release and Waiver applies to all claims, demands, damages, costs, expenses, actions and causes of action foreseen or unforeseen, including negligence and breach of statutory or other duty of care. This Release and Waiver includes, without limitation, injuries that may occur as a result of Mommy SOS’s instruction, training, or supervision; injuries that may occur as a result of media equipment that may malfunction or break; any slip or fall or other injury related to or in and about any Mommy SOS premises and associated facilities, or any other facilities or locations where the Services occur; and ailments during or following your participation in the Services.
YOU UNDERSTAND THAT YOU FORFEIT YOUR RIGHTS TO SUE MOMMY SOS FOR ANY CLAIMS ARISING OUT OF YOUR PARTICIPATION OF THE SERVICES, AND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER. You further agree that if you, or anyone on your behalf, assert a claim contrary to what you have agreed to in this Services Waiver and Release, the claiming party shall be liable for the expenses (including legal fees) incurred by Mommy SOS in defending such claim.
23. Website Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MOMMY SOS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You understand that you assume full responsibility for your participation in the Services or use of the Website, and you agree to defend, indemnify, and hold harmless Mommy SOS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your participation in the Services your use of the Website, including, but not limited to, any use of the Website's content and Services other than as expressly authorized in these Termsor your use of any information obtained from the Website (the “Indemnification”). This Indemnification includes but is not limited to court costs and reasonable attorneys’ fees, arising from, related to or attributable to: (i) Mommy SOS’s performance of the Services for you, unless due to our gross negligence or willful misconduct; (ii) any or all of your acts, errors, or omissions; (iii) your breaching any of these Terms; (iv) any claim for personal injury or property damage or otherwise brought by or on behalf of any third party person, firm, corporation or other third party as a result of or in connection with the Services or Website; or (v) Mommy SOS’s use of any data or materials you provide us, or any materials prepared at your direction, including but not limited to any claim of infringement or violation of any copyright, patent, trademark or other right of any kind of any person, or any claim of libel, slander, or invasion of privacy. Should Mommy SOS, or anyone acting on our behalf be required to incur attorney fees and costs to enforce these Terms, you agree to reimburse them for such fees and costs.
25. Website Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL
DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MOMMY SOS NOR ANY PERSON ASSOCIATED WITH MOMMY SOS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MOMMY SOS NOR ANYONE ASSOCIATED WITH MOMMY SOS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, MOMMY SOS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Any dispute or claim relating in any way to your use of the Website or your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act (“FAA”) and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under these Terms or the enforcement thereof, then that issue shall be resolved under the laws of the Commonwealth of Virginia.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms as a court would. The prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
To begin an arbitration proceeding, you must provide Mommy SOS with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules available at www.adr.org or by calling the AAA at 1-800-778-7879). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
27. Governing Law and Jurisdiction
By using the Website or our Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Mommy SOS.
28. Limitation on Time to Initiate a Dispute
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by Mommy SOS of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mommy SOS to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
The Terms, and any rights you may have under them, may not be assigned or transferred by you. Mommy SOS may freely assign the Terms.
All headings used in the Terms are intended for convenience of reference only and shall not affect the construction or interpretation of the Terms. Words of any gender used in the Terms shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.
32. Entire Agreement