Terms and Conditions
This is a formal agreement and it governs your participation in, and/or the use of, those services or benefits available from Moms of America and its website momsofamerica.com. In this Agreement, “Moms of America”, “Company”, “we” or “our” all refer to Moms of America. By participating in or using the services or features of the Moms of America website, or by activating an “Agree” button associated with a service, you are agreeing to be bound by the terms of this Agreement. Those that access and use the Site for any reason, including visitors, individual members of Moms of America, corporate partners or other affiliates, are sometimes referred to herein as “Users” or addressed directly with the words like “you” or “your” in the text hereof.
IF YOU DO NOT WISH TO BECOME BOUND BY THIS AGREEMENT, DO NOT ACCESS THE MOMS OF AMERICA.COM WEBSITE (“SITE”) OR USE ANY OF OUR SERVICES.
Moms of America provides a variety of services and resources including: (i) a social networking service that allows members to create unique personal profiles online in order to communicate with other members; and (ii) tools and a fund raising program to help you assist teams, organizations and other groups you support. These and other services are operated by Moms of America. By using the Moms of America Website you agree to be bound by this agreement, whether or not you register as a member (“Member”). Registration as a free or Premium member is required however if you wish to communicate with other Members and/or make use of any the Moms of America services or resources (the “Service”), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
Please choose carefully the information you post on Moms of America and that you provide to other Members. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other Moms of America Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and Moms of America assumes no responsibility nor liability for this material.
Moms of America reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
By participating in any offline Moms of America event, you agree to release and hold Moms of America harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Moms of America event.
I. Terms of Participation
1) YOUR INTERACTIONS: You are solely responsible for your interactions and communication with other Members. You understand that Moms of America does not in any way screen its Members, nor does Moms of America inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Moms of America makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. We do however recommend that if you choose to meet or exchange personal information with any member of Moms of America then you should take it upon yourself to do a background check on said person.
In no event shall Moms of America be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service.
2) ELIGIBILITY: Membership in the Service where void is prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the Moms of America shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.
3) TERM/FEES: This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time. Moms of America may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or other email address as you may subsequently provide to Moms of America . By using the Service and by becoming a Member, you acknowledge that Moms of America reserves the right to charge for the Service and has the right to terminate a Member’s Membership if Member should breach this Agreement or fail to pay for the Service, as required by this Agreement.
4) NON COMMERCIAL USE BY MEMBERS: The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Moms of America . Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Moms of America for any illegal or unauthorized use of the Website.
5) PROPRIETARY RIGHTS IN CONTENT ON MOMS OF AMERICA: Moms of America owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Moms of America 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.
6) CONTENT POSTED ON THE SITE:
a. You understand and agree that Moms of America may review and delete any content, messages, Moms of America Messenger messages, photos or profiles (collectively, “Content”) that in the sole judgment of Moms of America violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Members. By your posting of any such Content, material or information, you represent and warrant that you have the right to use and post such Content, material or information and that you are not infringing upon any other party’s copyrights or entitlements thereto.
c. By posting any Content to the public areas of the Website, you hereby grant to Moms of America the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Moms of America 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. Prohibited Content includes Content that:
i. is patently offensive and 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 or 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 18 in a sexual or violent manner, or solicits personal information from anyone under 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; or
x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations. f. You may not engage in advertising to, or solicitation of, any Member 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 Moms of America 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, Moms of America 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 Moms of America deems appropriate in its sole discretion.
g. You may not cover or obscure the banner advertisements on your personal profile page, or any Moms of America page via HTML/CSS or any other means.
h. Any automated use of the system, such as using scripts to add friends, is prohibited.
i. You may not attempt to impersonate another user or person who is not a member of Moms of America.
j. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
k. You may not sell or otherwise transfer your profile.
7) MEMBER DISPUTES: You are solely responsible for your interactions with other Moms of America Members. Moms of America reserves the right, but has no obligation, to monitor disputes between you and other Members.
II. Terms of Service
1) NO UNLAWFUL OR PROHIBITED USE: You agree to not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices, in any manner that could damage, disable, overburden, or impair the Moms of America Site or any of its services or interfere with any other party’s use and enjoyment of the Site or use and enjoyment of third party’s intellectual property rights. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the MomsofAmerica.com Site, through any means or to use or attempt to use our system to do the same with respect to any other website.
2) AGE LIMITATION AND POWER: Use of this Site is limited to those 17 years of age or older. If you are under 17 then your parent or guardian must obtain the account for you and they will be responsible for any of your actions. If you are representing a company, you represent and affirm that you have the legal right to bind said company.
3) INTELLECTUAL PROPERTY RIGHTS: All of our images and content on this Site is owned by Moms of America LLC. All of our material is protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent, trade secret and other applicable laws. You agree not to disassemble, decompile, reverse engineer or otherwise modify any of the material on this Site . You agree to not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any of the material without the express prior written consent of Moms of America LLC. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable international, federal and state laws. You agree that your use of the Site and services are subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of any transmissions through the Services for which you are responsible or which occur through the use of your password.
4) CHOICE OF LAW AND DISCLAIMER: Jurisdiction and venue for any and all actions shall be exclusively in Montgomery County, Maryland, USA and you hereby specifically waive any objections pertaining to personal jurisdiction or venue in any actions between you and Company. You further agree that if there is a law suit between us that you will be responsible for all of our attorney’s fees and other associated costs unless you can show that we wronged you and we did so intentionally We are not responsible for negligent or even grossly negligent acts by our employees. All cases filed must be in the Court with subject matter jurisdiction physically closest to Montgomery County, Maryland.
5) LINKS: Links to third-party web sites from our Website are not necessarily under Moms of America’s control and we do not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites or pages.
6) AMENDMENTS: We may amend this agreement at any time by posting the changes to this Site without any notification to you and all amended terms shall automatically be effective the moment posted. You may not modify this agreement without written permission from Moms of America LLC.
7) TERMINATION OR POSTING MODIFICATION: Moms of America may, in its sole discretion, with or without notice, for cause or without cause, terminate your access to the Site and Services or modify or remove any posting to the Site which is objectionable, illegal, likely to incite disputes or violence or contrary to our guidelines for appropriate postings. You specifically accept this termination clause and waive any right to object to it in any dispute. You will note further down in this Agreement that disputes shall go to arbitration.
8) WARRANTIES AND DISCLAIMERS: You specifically warrant that all statements made to us or to any other entity or person are true and correct and hereby indemnify Moms of America, and its owners, employees, consultants, agents and affiliates for any liability, attorney’s fees or costs arising from any false statement(s) or actions made by you or those acting for you including anyone who uses your username and password. You specifically warrant that you have the right and authority with respect to the posting of any image or content on our system. In no event shall Moms of America be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site or services, with the delay or inability to use said Site or related services, the provision of or failure to provide services, or for any information, software, products, services or otherwise arising out of the use of the Site whether based on contract, tort, negligence, strict liability, intentional acts or otherwise, even if Moms of America or any of its associates, suppliers, subcontractors or employees has been advised of the possibility of damages. We make no warranties of any sort. Further, our liquidated damages for any act if we are found to be liable for any act, shall be $500 USD including all costs and attorneys fees. You specifically agree that such an amount is reasonable. You may use this Site in accordance with these terms, but entirely at your own risk. While we will strive to provide our services as advertised we do not guarantee any amount of uptime or that the system will work as advertised. If you lose income because you relied on our system then that is your loss, we take no responsibility for it and you agree that we are not responsible.
9) NOTIFICATIONS: You agree to notify us of any known or suspected wrongful acts or violations of this agreement and failure to do so shall be deemed a breach of this agreement. If you wish to notify us of any legal matters the following legal representatives contact information is provided below:
Stevan Lieberman, Esq. Greenberg & Lieberman, LLC 2141 Wisconsin Ave., NW Suite C2, Washington, D.C., 20007 Toll free 888-275-2757
Phone 202-625-7000, Fax 202-625-7001, Email: firstname.lastname@example.org
Other Email addresses:
10) DISCLOSURES: We reserve the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in our sole discretion.
11) THIRD PARTY CLAIMS, NOTIFICATIONS AND DISCLOSURES: DISCLOSURES: As a matter of policy Moms of America will not provide any information about any members, affiliates or clients without a subpoena. The reason behind this policy is to protect all parties involved.
12) SERVICE PROVIDER: Moms of America is a service provider and as such will follow the terms of the Digital Millennium Copyright Act (DMCA) WHENEVER a third party makes a claim of infringement (including, but not limited to, copyright claims, trademark claims, patent claims, unjust enrichment claims, breach of contract claims, trade secret claims and claims similar in nature to the foregoing). You, User, hereby specifically agree to the terms of the DMCA and agree that we are not liable for any losses of any sort in connection with our compliance with such terms. Further, You indemnify Moms of America for any damages, losses, attorney’s fees or any other monetary or non-monetary losses due to a third party’s claim(s) or any other action you may take which affects us. The DMCA requires a designated agent available for notification by third parties. Moms of America hereby designates our legal representatives above.
NOTICE TO THIRD PARTIES: YOU MUST FOLLOW THE FOLLOWING STEPS OR WE WILL TAKE NO ACTION:
Please use at least 2 methods to notify us using the contact information in the notification section hereof, and use more than two methods if you need action taken quickly. (1) Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (2) Identify the right that has been infringed. (3) The location on our Site that the infringement of that right has occurred and exactly what you want removed or taken down. (3) Information reasonably sufficient to permit us to contact you, the third party. (4) A statement that you or the third party you represent has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law. (5) A statement that the information in the notification is accurate, and (6) under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Knowing misrepresentation of any of the above facts shall make the third party liable for all damages to us and to the person who posted the purported infringing material, including costs and attorney’s fees. If all of the above terms have been followed exactly then WE will: Take down, remove or disable the complained of material. Notify our Site User why the material was taken down and provide our Site User with a copy of the third parties complaint. If we receive a counter notification as described below we will send counter notification to the third party or third party representative; and put back up / re-enable the complained of material between 10 to 14 business days after receipt UNLESS: We receive notice from the third party or their representative that an action has been filed seeking a court order restraining the use of the complained of material.
COUNTER NOTIFICATION: YOU MUST FOLLOW THE FOLLOWING OR WE WILL TAKE NO ACTION:
For it to be effective it must be a written communication including: (1) A physical or electronic signature of the website user who has posted the material claimed to be infringing on the rights of the party who has claimed infringement. (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. (3) A statement under penalty of perjury that such website user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. (4) The website user’s name, address, and telephone number, and (5) a statement that the website user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’ s address is outside of the United States, for any judicial district in which the service provider may be found, and (6) that the website user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
13) SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect.
14) WAIVER: No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
15) ENTIRE AGREEMENT: This Agreement is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter
16) YOUR PRIVATE INFORMATION: We do not sell or rent any of your information. We may however use it for our own marketing purposes. You agree that we may use Your Information to contact you and deliver information to you that, in some cases, is targeted to your perceived interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting this Agreement, you expressly agree to receive this information. You can request that we not use your contact information for our own marketing purposes. Such a request can only be made upon the initial set up of the account with Moms of America and must be requested in writing to email@example.com.
17) FEES: The costs to set up a premium account (providing special offers, discounts and services on website pages accessible by premium members only) is $10.00 per year. There is no cost to set up a standard account with Moms of America (providing access to the public areas of the Site that are available to all Users, including access to the community and other resources that we may make available from time to time. We do however charge for some of our services and you will be charged in accordance with prices listed on our Site from time to time. We may change our pricing structure at our sole discretion.
18) WAIVER OF JURY TRIAL: Each of the parties hereto hereby waives, to the fullest extent permitted by applicable law, any right to a trial by jury in any action or proceeding to enforce or defend any rights under these Terms of Service and any amendment, instrument, document or agreement delivered or which may in the future be delivered in connection herewith or therewith, and agrees that any such action or proceeding shall be tried before a court and not before a jury.
19) NO THIRD PARTY BENEFICIARIES: These Terms of Service are made solely for the benefit of the User, including successors and assigns, and no other person or entity shall have or acquire any right by virtue of these Terms of Service.
20) PROHIBITION OF ASSIGNMENT: User may not assign any of its rights or delegate any of its duties under these Terms of Service without our prior written consent. Despite such consent, no assignment shall release the assignor of any its obligations or alter any of its primary obligations to be performed under these Terms of Service.
21) SUCCESSORS AND ASSIGNS: Except as otherwise expressly provided in these Terms of Service, these Terms of Service shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties to these Terms of Service.
22) FORCE MAJEURE: If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused.
23) WAIVER: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms of Service shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Moms of America in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
24) ENTIRE AGREEMENT: Except as may be set forth in an written agreement signed between Moms of America and User, these Terms of Service constitute the final, complete, and exclusive statement of the terms of the use of the Program between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties.
25) SEVERABILITY: If a court or an arbitrator of competent jurisdiction holds any provision of these Terms of Service to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable in such jurisdiction, it shall, as to such jurisdiction, be so narrowly drawn, without invalidating the remaining provisions of these Terms of Service or affecting the validity or enforceability of such provision in any other jurisdiction.
Moms of America (TOGETHER WITH ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ADVISORS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, VENDORS, ADVERTISERS AND AGENTS, BEING COLLECTIVELY REFERRED TO HEREIN AS “Moms of America”) IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICE PROVIDED, WHETHER CAUSED BY USERS OF THE WEBSITE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. Moms of America IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR MEMBER OF THE SERVICE. Moms of America 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, ANY USER OR MEMBER COMMUNICATION. Moms of America 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 ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES SHALL Moms of America BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE OR THE SERVICE OR FROM 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 Moms of America EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Moms of America CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE.
NEITHER Moms of America, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ADVISORS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, VENDORS, ADVERTISERS AND AGENTS (collectively, “Moms of America”) ARE RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS). EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE FUND RAISING PROGRAM AND ANY CORRESPONDING WEBSITE FUNCTIONALITY REMAINS WITH THE USER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Moms of America SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE SUCCESS OF THE FUNDRAISING PROGRAM OR SITE FUNCTION OR SYSTEM, (B) THAT THE SYSTEM WILL BE UP FOR ANY GIVEN AMOUNT OF TIME, (C) THE FUNDS YOU MAY ACTUALLY RAISE OFFERING OUR PREMIUM MEMBERSHIPS, (D)THE NUMBER OF PERSONS, IF ANY, WHO MAY SEE ADVERTISEMENTS ON OUR SITE, AND (E) THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF THE WEBSITE AND ITS ASSOCIATED PROGRAMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Moms of America BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE WEBSITE OR RELATED PROGRAMS, EVEN IF Moms of America HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ANY PROGRAM PARTY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00), WHICH THE PARTIES ACCEPT AS LIQUIDATED DAMAGES, UNLESS THE STATE OR JURISDICTION IN WHICH THE USER RESIDES SPECIFICALLY PROHIBITS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
27) CONFIDENTIALITY: User agrees to safeguard and, except for the benefit of Moms of America, not to disclose to anyone any proprietary or confidential information acquired which User has access to because of the use of Moms of America’s services. Such information includes, without limitation, business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
28) INDEMNIFICATION: User shall and hereby does indemnify, defend, and hold us harmless from and against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by us (“Losses”), known or unknown, contingent or otherwise, directly or indirectly arising from (i) User’s breach of any term or provision of these Terms of Service; or (ii) any action or inaction, intentional or otherwise, in connection with the User’s use of the Site or of the fund raising tools and programs made available by Moms of America.
29) ATTORNEY’S FEES: If Moms of America prevails in any action, suit, or proceeding arising from or based upon these Terms of Service, Moms of America shall be entitled to recover from User reasonable attorneys’ fees in connection therewith in addition to the costs of such action, suit, or proceeding.
30) HEADINGS: The headings in these Terms of Service are included for convenience only and shall neither affect the construction or interpretation of any provision in these Terms of Service nor affect any of the rights or obligations of the parties these Terms of Service.
31) TAXES: In the event you or your company receives any money for products or services offered directly or indirectly through, or as a result of the use of, the Moms of America website, you understand and agree that you are responsible for all of your own taxes and reporting in accordance with local, state and federal requirements applicable to you.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.