MOMLogics – Terms of Service
Welcome to the Terms of Service ("Terms") of MOMLogics, LLC ("MOMLogics", "we", "our" or "us").
Our website, https://www.MOMLogics.com (our "Site"), provides members of our community ("Users") with online courses, group coaching and 1-1 coaching (our "Clients”) for professional moms to gain tips, tools and strategies to have better relationships with their children, spouses, families and employers. Clients can become a member of our Membership by taking an online course, group or one on one coaching program.
We also send our weekly MOMsletter (our "Newsletter") to Users, Clients and others who visit our Site and do not have an account with us in order to receive information for those ("Visitors") who provide us with their email address. Whether you are a User or a Visitor, you can elect to stop receiving these daily emails by clicking the "Unsubscribe" link on the bottom of those emails.
Anyone can visit our Site. However, in order to access our Membership, you must create an account with us ("Account"), log into that Account and pay a one-time, monthly or annual fee that we may charge for such access.
You can create an Account through our Site if you: (a) agree to be bound by these Terms, (b) are at least 13 years of age, (c) are not representing an entity in the creation of your Account, and (d) submit certain information about yourself, including personally identifiable information, to us through our Site as prompted by the Account registration page. We will delete your Account if we find out that you are not at least 13 years of age. At this time, our Membership programming is also for use by individuals only, not companies, so we may delete your account if you are setting it up for a company and not for yourself, as determined by us at our sole discretion.
Once you have created an Account through our Site, we will provide you with a username and password for accessing your Account. You can also choose to provide additional information about yourself through your Account page on our Site, including pictures and other personal information about yourself ("Account Information"). Your username will be used to identify you as the author of your Information. However, no other Users will be able to view your Information unless you post it publicly on your "Account Page".
You must also pay a one-time, monthly or annual fee to access our Membership, so you must also provide a valid and working payment method ("Payment Method") for your Account. You can read more about our fees and how we collect payments in the "Fees and Payment" section of these Terms below.
Our Site allows you to view and update your Account Information, including your email address and Payment Method. You can also review your previous activity at our Membership, including any Information you have submitted.
You are responsible for all activity that occurs through your Account, including the content of your Information. You agree to maintain the security and secrecy of your Account's username and password.
Your Use of our Site and our Membership
Subject to, and conditioned upon, your compliance with the terms and conditions set forth in these Terms, including the restrictions on your use of our Membership, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to visit our Site for your personal, non-commercial use.
Additionally, if you are a User and have paid all applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access our Membership through your Account, post Information to the questions we post through our Membership and view Information from other Users.
YOU MAY NOT USE OUR SITE OR OUR MEMBERSHIP IN ANY WAY NOT EXPRESSLY APPROVED IN YOUR ABOVE LICENSES. YOU ACKNOWLEDGE THAT THE ANSWERS ARE A VALUABLE RESOURCE TO OUR USERS AND TO US, AND YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHT TO COPY ANSWERS AND MAKE ANSWERS AVAILABLE OUTSIDE OF OUR MEMBERSHIP.
Restrictions on Use of our Site and our Membership
If you are a User, you agree not to use our Site or our Membership to collect, upload, transmit, display or distribute any content or material, including any Information, that we determine, in our sole discretion:
Our Site and our Membership, including Information provided in our Membership, may contain links to third-party websites and services ("Third-Party Links"). We are not responsible for any Third-Party Links, and we do not approve, monitor, endorse, warrant or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk and should apply a suitable level of caution, diligence and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party's terms and policies apply, including the third party's privacy and information gathering practices.
Charges and Compensation
We charge all Users a one-time, monthly or annual fee to access our Membership (the "Membership Fee"), which may change from time to time, but will be posted on our Site. By starting your Account and providing your Payment Method, you authorize us to charge your Payment Method the Membership Fee. Each time you pay your Membership Fee, you may access our Membership for a period that begins on the date we receive your Membership Fee (a "Membership Cycle") and continues for either one course, one coaching or one year (annual memberships). At the end of each Membership Cycle, you authorize us to charge your Payment Method another Membership Fee, and your Membership Cycle will automatically renew and continue for the same period as your original Membership unless and until you cancel your access to our Forum or we terminate it pursuant to these Terms. For example, if your annual Membership Fee is paid on May 12 2020, your Membership Cycle will continue until May 11 2021 and will automatically renew for an additional Membership Cycle on May 12 2021.
When you create your first Account, we may, in our sole discretion, waive your Membership Fee for one or more weeks. In the event you receive such a free trial, we will begin billing you for your regular Membership Fee at the end of the free trial period unless you cancel prior to the end of the free trial period. You will not receive a notice from us that your free trial period has ended.
We reserve the right to change the timing of our billing, provided that we will adjust the amount fees in accordance with any such change. In the event the first day of your Membership Cycle is a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Membership on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership.
If we do not receive the Membership Fee from you, we may terminate your access to our Membership. All fees are non-refundable, unless otherwise provided in these Terms. As between you and us, we reserve the right to revise any fees at any time in our sole discretion.
We may use a third party provider to charge you the Membership Fee and process your payments using your Payment Method. The third party provider alone collects and manages your payment information, including without limitation any credit card numbers; we do not store your Payment Method.
You acknowledge that we reserve the right to change, waive and/or revise our Membership Fee at any time in our sole discretion.
Intellectual Property Rights
Subject only to the express licenses we grant you in these Terms, as between you and us, we own all right, title and interest in all original content, features and functionality found on, provided by or embodied in our Site, our MOMsletter and our Membership, including without limitation any Answers from other Users, software, computer code (including source code or object code), copyright-protected works, trademarks, trade dress, service marks, logos, visual interfaces, graphics, design, compilation, information, data, sound files, other files and the selection and arrangement thereof ("Our Content"). Our Content is protected by copyright, trademark, and other intellectual property and related laws of both the United States and foreign countries. You may not distribute, modify, transmit, reuse, download, repost, copy or use Our Content, whether in whole or in part, outside the scope of the express license grants provided to you in these Terms.
We reserve all rights to Our Content not expressly granted in these Terms. You acknowledge and agree that our Site, our MOMsletter and our Membership are provided under license, and not sold, to you. You do not acquire any ownership interest in our Membership or our Content under these Terms.
As between you and us, you are the exclusive owner of the content and information contained in your Information and any other content you submit or post through our Membership, including your Account Information and any messages sent in connection with our Forum (collectively, "Your Content"); provided, however, that you grant us (and those we work with, including third-party service providers) a worldwide, perpetual, irrevocable, transferrable, sublicensable license to use, host, store, reproduce, modify and create derivative works of Your Content. For the avoidance of doubt, you acknowledge that we may include your Responses in books and other compilations or publications, which we may sell or otherwise exploit commercially, and we do not need your consent or permission to use Your Content.
When you submit Your Content, you represent and warrant to us that Your Content is accurate and truthful, is your original creation or that you otherwise have the right to provide Your Content, that you have the rights necessary to grant the foregoing license to Your Content and that our use of Your Content as permitted by the foregoing license does not and will not infringe or misappropriate the intellectual property or moral rights of any person.
We are not responsible for the accuracy, appropriateness or legality of Your Content. You acknowledge that we have no obligation to monitor any of Your Content. You bear sole responsibility for adequate security, protection and backup of Your Content. We will have no liability to you for any unauthorized access or use of any of Your Content or any corruption, deletion, destruction or loss of any of Your Content.
We appreciate hearing from you and welcome your comments about our Site and our Forum, including whether you like them, what is most useful, any malfunctions, downtime, inappropriate content or complaints (collectively, "Feedback"). You can submit Feedback to us by emailing us at: info@MOMLogics.com. Any Feedback you submit shall be Your Content.
Term and Termination
We reserve the right to modify, suspend or terminate our Site and our Membership at any time in its sole discretion. Additionally, we may terminate, suspend or deactivate your Account or prohibit you from using our Membership for any reason, without notice, at any time and without liability to you. If your Account is terminated or deactivated, all licenses and other rights granted to you in these Terms shall immediately cease and you will not be owed a refund of any Membership Fees.
Updates and Support
We may, from time to time and in our sole discretion, develop and provide updates to our Site and our Membership, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety current features and functionality. You agree that all Updates will be deemed part of our Site and our Membership and shall be subject to these Terms.
Notwithstanding the above paragraph, you acknowledge and agree that we have no obligation to: (a) provide you with technical support, (b) provide any Updates, or (c) continue to provide or enable any features or functionality of our Site or our Membership.
Warranties; Disclaimer of warranties
Your Representations and Warranties
You represent and warrant to us that: (a) all of the required Account information you submit is truthful and accurate, and you will maintain the accuracy of such information; (b) you have full power and authority to enter into these Terms; and (c) Your Content and your use of our Site and our Membership does not and shall not violate any laws or infringe or misappropriate any third party's intellectual property rights.
Disclaimer of Warranties
OUR SITE, OUR FORUM AND OUR CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SITE OR OUR FORUM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE ANSWERS OR OTHER CONTENT THAT IS PROVIDED THROUGH OUR FORUM.
You agree to indemnify and hold us and our officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (a) your use of our Site and our Membership and any other uses of the same through your Account; (b) your breach or violation of any of these Terms, including without limitation the restrictions on use provided herein, or any applicable laws or regulations; (c) our use of Your Content; or (d) your violation of the rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of such claims. You agree not to settle any claims without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Limitation on Liability
WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOST PROPERTY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF OUR SITE, OUR NEWSLETTER OR OUR MEMBERSHIP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY'S REASONABLE CONTROL. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION YOU'RE YOUR USE OF OUR SITE, OUR APPS OR OUR DELIVERY SERVICE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
We respect the intellectual property of others and ask that you do the same. In connection with the Membership, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Users is, through the use of our Membership, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
INFORMAL DISPUTE RESOLUTION
For any dispute between you and us, you agree to first contact us and attempt to resolve the dispute informally.
You agree that we may provide notices to you through: (a) a prominent notice when you log in to your Account or a message sent to your Account; (b) an email sent to an address associated with your Account; or (c) through other means deemed sufficient by us, including without limitation telephone or mail. You agree to keep the contact information associated with your Account up to date.
You agree that the only way to provide legal notice to us is by email message sent info@MOMLogics..com.
We reserve the right to change these Terms at any time. Amendments will be effective upon our providing notice of such updated Terms to you (a) by email sent to the address associated with your Account, or (b) by posting a prominent notice of such change on our Site. Your continued access or use of our Site and our Membership after such notice constitutes your consent to be bound by the amended Terms. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and be enforceable. These Terms, together with any commercial agreement you may enter into with us, are the complete and exclusive statement of the terms and conditions governing your use of our Site and our Membership, and they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. No agency, partnership, joint venture or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. If you are a living person, you agree that your Account is non-transferable and your rights to the content within your Account terminate upon your death. These Terms and the relationship between you and us shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.
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