terms of service

Terms of Service Agreement

This Terms of Service Agreement ("Agreement") is made between On The Minds Of Moms ("OTMOM") and any person (collectively "you", "your" or "I") who completes the account creation/registration process to become a member and access OTMOM's online website (the "Site").

 

BY ACCESSING, USING OR INSTALLING ANY PART OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SITE.

The Site and Registration. The Site is proprietary to OTMOM and is protected by intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not sold. OTMOM agrees to provide you with non-exclusive access to or use of the Site, subject to the terms and limitations set forth in this Agreement.

Accessibility. You agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which OTMOM may undertake from time to time; or (c) causes beyond the control of OTMOM of which are not reasonably foreseeable by OTMOM.

Representations and Warranties. You represent and warrant to OTMOM that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth; and; (c) you have provided accurate and complete registration information, including, without limitation, your legal name, address and email address.

Acceptable Use Policy. You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to: (a) disseminate or transmit unsolicited messages or jobs; (b) disseminate or transmit any OTMOM related work or files; (c) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to OTMOM's network, other accounts on the Site or any other computer network; (g) disseminate or transmit viruses, Trojan horses or any other malicious code or program; (h) upload, post, email, transmit or otherwise make available any message, product, or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (i) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or (j) engage in any other activity deemed by OTMOM to be in conflict with the spirit or intent of this Agreement. You acknowledge that OTMOM does not pre-screen content, but that OTMOM and its designees shall have the right (but not the obligation) in their sole discretion to delete or prohibit access to any content that is stored on its network via the Site. Without limiting the foregoing, OTMOM and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable.

Privacy. It is the policy of OTMOM to respect your privacy. OTMOM has a privacy policy accessible in the policies section of the Site that it applies for Site users and registered members.

No Resale of Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

Modifications To Site. OTMOM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that OTMOM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. OTMOM reserves the right, in its sole discretion and without notice, at any time and for any reason or no reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; (c) deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site, and (d) terminate this Agreement.

Disclaimer of Warranties. THIS SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE. OTMOM MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OTMOM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL OTMOM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OTMOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND TERMINATE THIS AGREEMENT.

Indemnification. You agree to indemnify, hold harmless and defend OTMOM, its shareholders, directors, offices, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Site, including any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.

Trademark Information. On The Minds Of Moms (the "Trademark") is a trademark of OTMOM. Without OTMOM's prior permission, you agree not to display or use in any manner, the Trademark.

Copyrights and Copyright Agents. OTMOM respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OTMOM with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed, including, if applicable, a copyright registration or application number; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) a 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; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

OTMOM's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

By mail:
On The Minds Of Moms
PO Box 190
Fargo, ND 58107

 

By email:
info@onthemindsofmoms.com

 

 

Miscellaneous. This Agreement, including any exhibits attached hereto, constitutes the entire understanding and agreement with respect to its subject matter, and supersedes any and all prior or contemporaneous representations, understandings and agreements whether oral or written between the parties relating to the subject matter of this Agreement, all of which are merged in this Agreement. This Agreement shall be governed by the laws of the State of North Dakota without giving effect to conflict of laws principles thereof. OTMOM shall have the right, at any time and without notice, to add to or modify the terms of this Agreement by posting such amended terms on the Site. Your access, link to your use of the Site after the date such amended terms posting shall be deemed to constitute acceptance of such amended terms. Any legal controversy or legal claim arising out of or relating to this Agreement or the Sites, excluding legal action taken by OTMOM to collect our fees and/or recover damages for, or obtain an injunction relating to, OTMOM's website operations, intellectual property, and Sites, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and may not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in the State of North Dakota, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or OTMOM may seek any interim or preliminary relief from a court of competent jurisdiction in the State of North Dakota necessary to protect the rights or property of you or OTMOM pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys fees and costs up to $10,000.00. No failure, delay in exercising or enforcing any right or remedy hereunder by OTMOM shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. In the event that any provision of this Agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms, unless due to such invalidity, either party is denied a material benefit which would have accrued had the provision not been found invalid. This Agreement and the rights and obligations hereunder may not, whether voluntarily or involuntarily, directly or indirectly, be assigned, sublicensed, sold or otherwise transferred by you, including, without limitation, to any successor-in-interest to any of your assets, without the prior written consent of OTMOM, which consent shall be given or not in OTMOM's sole discretion. Any assignment in violation of the terms hereof shall be void and of no force or effect.