1. Member Registration. You must register as a Member with Mom’s Zone, LLC to access certain functions of the Website and/or Services.
a. Registration Data. You must provide certain current, complete, and accurate information about yourself (the “Registration Data”) when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes.
b. Security. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Mom’s Zone, LLC and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify Mom’s Zone, LLC immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service by sending an e-mail to customercare@MomsZone.org, Subject: Security Breach.
c. Eligibility. You must be eighteen (18) years old or over to register as a Member of Mom’s Zone, LLC or use the Services. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
d. Fees and Payment. As consideration for the use of the Website and/or Services purchased by you and provided to you by Mom’s Zone, LLC, you agree to pay Mom’s Zone, LLC at the time you register as a Member. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Mom’s Zone, LLC expressly reserves the right to modify pricing through email notification and/or notice on the Website. Payment may be made by you by providing either a valid credit card, or via PayPal, Inc. (“PayPal”), (collectively, the “Payment Method”).
You can purchase Mom’s Zone, LLC and/or Website Services using PayPal. If this option is chosen, you agree to allow PayPal to debit the full amount of this transaction from your PayPal account balance or the Preferred Funding Source you established with PayPal, which is non-refundable.
It is your responsibility to keep Your PayPal Account current, and to have available funds in it. You agree that PayPal and Mom’s Zone, LLC will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, you agree that PayPal and Mom’s Zone, LLC may pursue all available remedies in order to obtain payment.
ii. Credit Card. If you pay by credit card and if for any reason Mom’s Zone, LLC is unable to charge your credit card with the full amount due, or if Mom’s Zone, LLC is charged back for any fee it previously charged to the credit card you provided, you agree that Mom’s Zone, LLC may pursue all available remedies in order to obtain payment.
iii. Timing. If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you registered as a Member for the Services. Mom’s Zone, LLC will automatically renew your Member registration and/or Services when they come up for renewal and will take payment from the Payment Method you have on file with Mom’s Zone, LLC, at Mom’s Zone, LLC then current rates.
iv. If for any reason Mom’s Zone, LLC is unable to charge your Payment Method for the full amount owed to Mom’s Zone, LLC, or if Mom’s Zone, LLC is charged a penalty for any fee it previously charged to your Payment Method, you agree that Mom’s Zone, LLC shall be able to pursue all available remedies in order to obtain payment.
v. Additional Fees. Mom’s Zone, LLC reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to you. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties you have elected to use as payment methods, including PayPal, and disputes that require collection or legal services. These charges will be billed to the Payment Method we have on file for you.
vi. Changes. You may change Your Payment Method at any time by contacting Mom’s Zone, LLC.
vii. You agree that you are solely liable for arranging renewal of your Services, and that Mom’s Zone, LLC shall not be liable to you or any third party if it is unable to charge your Payment Method in order to renew your Member registration and/or Services.
2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason upon receipt by Mom’s Zone, LLC of your written or email notice of termination. Mom’s Zone, LLC may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Mom’s Zone, LLC. If Mom’s Zone, LLC terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.
3. Electronic Communications . When you visit the Website, post on the Website, or send e-mails to Mom’s Zone, LLC, you are communicating with Mom’s Zone, LLC electronically. You consent to receive communications from Mom’s Zone, LLC electronically. Mom’s Zone, LLC 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 Mom’s Zone, LLC provides to you electronically satisfy any legal requirement that such communications be in writing.
4. Meeting in Person. Should you decide to meet in person a user of the Website or a Member, Mom’s Zone, LLC provides Safety Tips for Meeting in Person .
5. Non Commercial Use by Members. The Services are for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Services for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
6. Proprietary Rights in Content on Mom’s Zone, LLC. Mom’s Zone, LLC owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Mom’s Zone, LLC, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
7. Content Posted on the Site. Members may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information (collectively, “Content”) , 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.” Members may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content. Mom’s Zone, LLC reserves the right (but not the obligation) to remove or edit such content, but does NOT regularly review the posted Content. Furthermore:
a. You understand and agree that Mom’s Zone, LLC may review and delete any Content that in the sole judgment of Mom’s Zone, LLC violates this Agreement.
b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. Mom’s Zone, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
c. By posting Content to any public area of Mom’s Zone, LLC, you automatically grant, and you represent and warrant that you have the right to grant, to Mom’s Zone, LLC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Mom’s Zone, LLC reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
i. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
iv. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
v. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
vi. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
vii. provides material that exploits people under the age of eighteen (18) years of age in a sexual or violent manner, or solicits personal information from anyone under the age of eighteen (18);
viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
x. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in any posting any personal telephone numbers, street addresses, last names, or email addresses.
g. As a Member, you may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Mom’s Zone, LLC cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Mom’s Zone, LLC reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Mom’s Zone, LLC deems appropriate in its sole discretion.
h. Participating merchants and other third parties may pay Mom’s Zone, LLC to be presented on the Website or to have their product or service offerings featured, but in no event does any such payment affect the reviews given to any merchant by Members.
i. If you’d like to tell us about a specific problem, please contact us.
8. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Mom’s Zone, LLC Copyright Agent for notice of claims of copyright infringement can be reached as follows: Mom’s Zone, LLC, copyright@MomsZone.org.
9. Adertisers. Parties other than Mom’s Zone, LLC and its subsidiaries advertise, operate stores, provide services, or sell product lines on this site. In addition, the Website provides links to the sites of affiliated companies and certain other businesses. Mom’s Zone, LLC is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Mom’s Zone, LLC does not assume any responsibility or liability for the actions, product, and content of these or any other third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service and/or the Website, 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.
10. Member Disputes. You are solely responsible for your interactions with other Mom’s Zone, LLC Members. Mom’s Zone, LLC reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Disclaimers. Mom’s Zone, LLC is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Mom’s Zone, LLC is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Mom’s Zone, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Mom’s Zone, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances SHALL Mom’s Zone, LLC be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Mom’s Zone, LLC expressly disclaims any warranty, including warranty of fitness for a particular purpose or non-infringement. Mom’s Zone, LLC cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
13. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Mom’s Zone, LLC be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Mom’s Zone, LLC has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Mom’s Zone, LLC liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Mom’s Zone, LLC for the Service during the term of membership.
14. U.S. Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
5. Disputes. If there is any dispute about or involving Mom’s Zone, LLC, the Website, and/or the Service, you agree that the dispute will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Arizona , City of Phoenix . You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
16. Indemnity. You agree that you shall indemnify and hold Mom’s Zone, LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
17. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Mom’s Zone, LLC regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement.