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This terms of service document, as amended by The Founding Moms LLC, its partners, subsidiaries, affiliates, successors and assigns (hereinafter referred to collectively as “Founding Moms”, “we” and/or “us”), along with any applicable order (hereinafter collectively referred to as the “Terms of Service”) constitutes a legally binding contract between Founding Moms and you and governs your access to and/or use of our website, content, products, services, mobile versions, access to forums and groups and/or additional sites Founding Moms may have now or in the future (“Services”). Please review the Terms of Service carefully before purchasing and using the Services.
You acknowledge that you have read, understand and agree to be bound by all of the terms and conditions of this Terms of Service, as well as all other applicable rules or policies, terms and conditions or agreements that are or may be established by Founding Moms from time to time and are incorporated herein by reference. You may also elect to purchase additional Services from Founding Moms, its partners and/or other third parties, which may have their own service agreements or other related terms and conditions, and it is your obligation to review, accept and abide by those agreements as well as this Terms of Service.
a. The Services may vary depending upon the subscription and options selected by you during the ordering process.
b. You acknowledge that Founding Moms does not guarantee, imply, or predict any type of profit or response from the Services. The Services may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Services resulting from conditions of events outside the reasonable control of Founding Moms and for which Founding Moms will bear no responsibility.
c. The Services may include additional third-party products or services that require you to accept the terms and conditions of the third party or to pay additional fees to such third party. You agree that you are wholly responsible for any such third party terms and conditions and third party fees. Founding Moms reserve the right to change, amend and/or alter the Services or to otherwise provide equivalent or equal Services without prior notice to you.
Founding Moms reserves the right to change or modify any of the terms and conditions contained in this Terms of Service at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Founding Moms may make such changes or modifications to the terms and conditions contained in this Terms of Service and your continued use of the Services following Founding Moms posting of any changes or modifications will constitute your acceptance of such changes or modifications. Founding Moms will provide notice of such changes by posting the updated Terms of Service on the website and changing the “last updated” date listed above. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under circumstances. If you do not agree with the changes and or modifications, you shall not use the Services after the effective date of the changes. Please revisit the Terms of Service regularly to ensure that you stay informed of any changes.
3. SCOPE OF USE
a. Eligibility. To access and/or use the Services, you must be eighteen (18) years or older and have the requisite power and authority to enter into the Terms of Service. The Services are not intended for and should not be used by anyone under the age of thirteen (13). You represent that you are over the age of thirteen (13) and are intended recipient of the Services. You may not access and/or use the Services for any purpose if either of the representations in this Section are not true.
b. Creating an Account. If you create an account with us, you may only create and hold one account that you are solely responsible for managing. Your account requires you to (i) indicate agreement to this Terms of Service, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by us, in our sole and absolute discretion. If you establish an account with Founding Moms, you agree to provide true, accurate and current information in connection with your account. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account. If we terminate your account, you may not subscribe under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Services or in connection with your Founding Moms account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Services.
c. Communications from Founding Moms. By using the Services, you agree to receive certain communications in connection with the Service. For example, you might receive comments, promotions, events and/ or features. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
d. Your Responsibilities. Founding Moms grants you the rights set forth herein, subject to the following conditions: (i) you shall not modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; (ii) you agree not to submit or transmit any emails or materials through the Services that contain a virus, worm, Trojan horse or any other harmful component; (iii) you shall not obtain or attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you; (iv) you shall not copy or imitate part or all of the design, layout, or look-and-feel of the Services or individual sections of it, in any form or media; (v) you are responsible for the accuracy and quality of the data and content that you submit; (vi) you shall not submit content that is offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity; (vii) you will use commercially reasonable efforts to prevent unauthorized access to and/or use of the Services, and to notify Founding Moms promptly of any such unauthorized access and/or use; and/or (viii) you shall not use the Services for any unlawful purpose or to violate any federal, state, international law, code of conduct or other guidelines which may be applicable to the Services provided. You may not use the Service in any manner that could damage, disable, overburden, and/or impair the Service and/or interfere with any other party’s use and/or enjoyment of the Service.
4. FEES & PAYMENTS
a. In consideration for Founding Mom’s provision of the Services, you agree to pay Founding Moms the applicable fees set forth for the Services. You are responsible for all fees, including without limitation taxes, associated with your use of the Services. You shall pay all fees due hereunder by providing a valid credit card and all fees shall be payable in U.S. dollars within the United States. By agreeing to this Terms of Service, you hereby give Founding Moms permission to charge the credit card, bank account, or other approved method of payment associated with your account for fees associated with use of the Services. All fees due and payable by you to Founding Moms under this Terms of Service must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law. All fees collected under this Terms of Service are fully earned when due and non-refundable when paid. You hereby authorize Founding Moms to deduct all amounts due and owing hereunder from your credit card.
b. Without limiting any of Founding Moms rights hereunder, should any fee payment become delinquent or not be retrievable from your credit card when due, Founding Moms may suspend or cancel the Services; however charges may continue to accrue in accordance with this Terms of Service and price of Services. You acknowledge and agree that Founding Moms is not responsible whatsoever for any effect the suspension of Services might have on the Services or the results or effectiveness thereof. Founding Moms reserve the right to refer any amounts owed hereunder to a third party for collection in the event of ongoing default. On any amounts not paid when due, you agree to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then you agree to pay the highest rate allowed by law. In addition, you agree to pay all costs of collection, including costs of litigation and reasonable attorneys’ fees. Founding Moms may also continue to submit charges on your credit card from time to time until all fees due are paid.
c. You permanently and irrevocably waive any and all right to enact a ‘chargeback’ (that is, a disputed, reversed or contested charge with the applicable bank, credit card or charge card) against these payments for any reason whatsoever against Founding Moms.
d. Founding Moms may use a third party service provider to execute online payment transactions related to your account. By using Founding Moms and agreeing to this Terms of Service, you also agree to be bound by any third party terms of service. Founding Moms uses Braintree, a division of Paypal, Inc.(“Braintree”) for payment processing. In order for you to use Braintree’s processing services, you must read and agree to the Commercial Entity User Agreement (“CEA”) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement (“PSA”) available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting this Terms of Service, you acknowledge and agree: (a) that you downloaded or printed the CEA, and (b) that you reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at 877.434.2894. You further acknowledge and agree that you will remain liable for all fines, chargebacks, refunds and other expenses incurred in the enforcement of the CEA and PSA and further agree to reimburse Founding Moms for any and all such fines, chargebacks, refunds and other expenses incurred. Any authorization you provide to make automatic payments using the Service will remain in effect until cancelled. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service.
5. ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services, descriptions, pricing, offers, and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omission; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions and/or other information without obligation to issue any notice of such changes, except as prohibited by law.
6. PROPRIETARY RIGHTS AND LICENSES
a. Ownership and Right to Access. Founding Moms hereby grants to you a right to access and use the Services in accordance with this Terms of Service. The Services and all rights therein are and shall remain Founding Moms’ property or property of Founding Moms licensors. Neither this Terms of Service nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Founding Moms names, logos, product and service names, trademarks or services marks or those of Founding Moms licensors.b. Reservation of Rights. The materials and content through the Service, as well as the organization and layout of the Service, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Founding Moms and/or its third party providers reserve all right, title and interest in and to the services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
c. User Content. Please carefully choose the information that you post on, through and/or in connection with the Service and that you provide to other users. Notwithstanding anything herein to the contrary, we should not be seen as endorsing any comments you post on open forums and other parts of the Services in any way. You acknowledge and agree that you have no expectation of privacy with regard to any comments, reviews, opinions, ratings, posts and/or messages (“User Content”) you make through the Service and are solely responsible for interactions with other users. Although we reserve the right to review all User Content that appears on the Service and to remove any User Content that violates this Terms of Service, we do not necessarily review all of it. We cannot and do not take responsibility for any User Content that others provide through the Services. If you become aware of misuse of the Service by any person, please contact us. We may reject, refuse to post and/or delete User Content, in our sole and absolute discretion. Notwithstanding anything herein to the contrary, Founding Moms is not obligated to take any action not required by law. You hereby grant us a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use the User Content for any purpose, including but not limited to the ability to reproduce, edit, create derivative works, publicly perform, and public display the User Content in any form and in any and all media or distribution methods (now or later developed). You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, and/or reliability by you.
d. Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant to Founding Moms a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. We have no obligation to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
If you violate this Terms of Service and/or if we have grounds to suspect that you violated this Terms of Service and/or other use parameters included on the Service, we may suspend or terminate your account and refuse use of the Service (or any portion thereof). We also reserve the right, in our sole discretion, to terminate your access to the Service or any portion thereof at any time, without cause and/or without notice. In the event you fail to pay for the access granted (if applicable), and/or share the access granted with any person or entity, or misuse the Service by any means actionable under a federal, state, or local statute, code, regulation, law, and/or civil action, we will consider your access as having been acquired by fraud or misrepresentation and will terminate your access. In such a case, we retain the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you. In the event of termination of this Terms of Service for any reason, (i) you shall immediately pay Founding Moms all charges, fees and expenses that would have been due for the remainder of the term as if this Terms of Service had not been terminated and (ii) the licenses granted under this Terms of Service shall automatically and immediately cease. Following termination you will have no right to use and/or access the Services.
a. You hereby represent and warrant: (i) you can form legally binding contracts under applicable law, (ii) you are at least eighteen (18) years of age, (iii) to your knowledge, there is no action, proceeding, or investigation pending or threatened which questions, directly or indirectly, the validity or enforceability of this Terms of Service, (iv) entering into this Terms of Service or otherwise purchasing the Services will not conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default, or result in a termination of, any agreement or instrument to which the you are a party, (v) you have taken all actions required by applicable law, and have obtained all consents which are necessary to authorize or enable it to enter into this Terms of Service and/or purchase the Services, (vi) to the extent that you are a business entity, the individual ordering the Services or otherwise entering into this Terms of Service on behalf of you has been duly authorized and are empowered to bind you to this Terms of Service, (vii) you will not provide content or other materials, or use the Services in any manner that infringes on a proprietary interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right, and will further not use the Services as a mechanism designed to facilitate such infringement and (viii) your content, other materials provided in conjunction with the Services, and use of the Services shall in all respects conform to all applicable federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders (including those governing the export of technical information).b. YOU AGKNOWLEDGE AND AGREE THAT ITS USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK, AND THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SET FORTH HEREIN, FOUNDING MOMS MAKES NO WARRANTIES TO YOU WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED. FOUNDING MOMS, ITS SUPPLIERS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHERMORE, FOUNDING MOMS DOES NOT WARRANT THAT THE SERVICES AND/OR ANY INFORMATION OBTAINED THEREBY SHALL BE COMPLETE, ACCURATE, UNINTERRUPTED, SECURE OR ERROR FREE. FOUNDING MOMS FURTHER MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, NOR DOES FOUNDING MOMS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. EACH PARTY ACKNOWLEDGES THAT IT HAS NOT ENTERED INTO THIS TERMS OF SERVICE IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN.
You shall indemnify, defend and hold harmless Founding Moms, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of or in the relation to (i) your violation of any law or the rights of a third party (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and/or representatives and (iii) your use of the Services. You shall give prompt notice to Founding Moms upon your receipt of notice of any Claim against you which might give rise to a claim against Founding Moms.
10. LIMITATION OF LIABILITY
a. FOUNDING MOMS’S TOTAL AND CUMULATIVE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION, UNDER ANY INDEMNITY OR UNDER ANY OTHER LEGAL THEORY OR OTHERWISE FOR PROVEN DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICE SHALL BE LIMITED TO THE FEES PAID AND/OR PAYABLE BY YOU DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT THIS WILL BE YOUR EXCLUSIVE REMEDY UNDER THIS TERMS OF SERVICE AND OTHERWISE IN RELATION TO YOUR USE OF THE SERVICES.b. IN NO EVENT WILL FOUNDING MOMS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR SERVICES, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES), WHETHER FORSEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FOUNDING MOMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS OR OMISSIONS BY FOUNDING MOMS INCLUDING WITHOUT LIMITATION, ITS EMPLOYEES, REPRESENTATIVES, AGENTS OR TECHNICAL OPERATIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, FOUNDING MOMS’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
c. YOU ACKNOWLEDGE AND AGREE THAT FOUNDING MOMS WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY OTHER PARTY FOR ANY (i) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF YOUR SERVICE, (ii) USE OF OR INABILITY TO USE THE SERVICE, (iii) INTERRUPTION OF BUSINESS, (iv) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO A SERVICE, (v) EVENTS BEYOND FOUNDING MOMS AND ITS SUBCONTRACTORS’ REASONABLE CONTROL, (vi) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR FOUNDING MOMS POLICY (INCLUDING, WITHOUT LIMITATION, ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION ADOPTED POLICIES), (vii) TRANSACTIONS CONDUCTED ON A USER WEBSITE, INCLUDING FRAUDULENT TRANSACTIONS; AND/OR (viii) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICES.
d. YOU ALSO ACKNOWLEDGES AND AGREES THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS TERMS OF SERVICE OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION INITIALLY AROSE OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTELY BARRED.
e. YOU ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS CONTAINED IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THIS TERMS OF SERVICE, AND ABSENT SUCH LIMITATIONS, FOUNDING MOMS WOULD NOT ENTER INTO THIS TERMS OF SERVICE OR PROVIDE SERVICES HEREUNDER.
You may not link to the Services and/or our website without our written permission. If you are interested in linking to the Services and/or our website, please contact email@example.com.
12. SEPARATE AGREEMENTS
You may have other agreements with Founding Moms. Such agreements are separate and in addition to the Terms of Service. The Terms of Service do not modify, revise or amend the terms of any other agreements you may have with Founding Moms.
13. NO PROFESSIONAL ADVICE
The information available on the Service is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. Founding Moms does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Service.
This Terms of Service will be governed by, and construed in accordance with, the laws of the State of Illinois, without regard to its choice of laws principles. Any action related to or arising from this Terms of Service shall take place exclusively in the courts situated in the City of Chicago, Cook County, Illinois and the parties hereby submit to the venue of the courts situated therein. In the event of any legal action filed in relation to this Terms of Service, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorneys’ fees and reasonable court costs. No waiver of any of the terms of this Terms of Service will be valid unless in writing and designated as such. Any forbearance or delay on the part of either party in enforcing any of its rights under this Terms of Service will not be construed as a waiver of such right to enforce same for such occurrence or any other occurrence. If any one or more of the provisions of this Terms of Service are for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Terms of Service will be unimpaired and will remain in full force and effect. Any provision of this Terms of Service which, by its nature, would survive termination or expiration of this Terms of Service will survive any such termination or expiration of this Terms of Service. This Terms of Service, as well as any additional Founding Moms terms and conditions, rules, policies, and service agreements, together with all modifications thereto, constitute the entire agreement and understanding between the parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings between the parties.