1. Use of Services
No use of the Services is permitted by those under the age of majority in their state of residence. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity.
Some Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Mommy ‘n Me shall not be liable for any errors or omissions relating to this service or website or the information obtained through this service or from this website, or for any direct, incidental, special or consequential damages resulting from the furnishing or use of this service, website or related information. This service and information are provided on this website on an “as is” and “as available” basis without warranty of any kind, express or implied, including without limitation, any warranties as to non-infringement, merchantability, or fitness for a particular purpose. Mommy ‘n Me does not warrant or guarantee 1) the accuracy, adequacy, quality, currentness, vailidity, completeness, or suitability of any information for any purpose; 2) that any information will be free of infection by viruses, or anything else manifesting contaminating or destructive properties; or 3) that the functions or services performed by Mommy ‘n Me will be uninterrupted or error-free ort that defects will be corrected. The entire risk as to the quality and performance of Mommy ‘n Me’s Service and the accuracy, adequacy, completeness, currentness, validity and quality of any information on this website is with the user.
3. Limitations of Liability
Mommy ‘n Me will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Mommy ‘n Me has been expressly advised of the potential loss.
4. User Content
Our Services display both Mommy ‘n Me-created content and content that is not created or developed by Mommy ‘n Me. We do routinely screen third-party content that is published via our Services, but we cannot guarantee the accuracy, adequacy or quality of any such information or the qualifications of those posting it. We reserve the right to remove or refuse to display content that we reasonably believe is inaccurate or violates our policies or the law.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Mommy ‘n Me Services or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
You grant to Mommy ‘n Me a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.
5. Services for Consumers
Mommy ‘n Me is a community that connects families to other families and with the businesses within our local area to interact together. While Mommy ‘n Me provides several methods to become a customer of these local businesses, where we are simply an intermediary and have no liability, primarily or secondarily, for any transactions between both parties and cannot be held responsible for the quality of services or products or experience families have with local businesses.
6. Services for Businesses
Mommy ‘n Me offers paid listing services for businesses. By selecting a listing service, you agree to pay the subscription or usage fees indicated for that service. Payments for subscription services will be charged on the day your service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments will continue to be charged to your credit card on a recurring basis until you cancel your service. The amount of the monthly recurring charge will be the then-current subscription fee applicable to the Premium Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Mommy ‘n Me must receive written notice of your cancellation or reduction in service at least thirty (30) days in advance of the monthly renewal date on which you wish to make the cancellation or reduction effective and avoid billing of the next month’s service fee. All cancellations or reductions of advertising services must be received in writing by email to your local Ambassador or through our Contact page. Service fees are not prorated or refundable.
If your payment method fails or your account is past due, Avvo reserves the right to either suspend or terminate your services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your services. You agree to submit any disputes regarding any charge to your account in writing within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
7. Truth in Advertising
It is solely the responsibility of local businesses to ensure that any information or advertisements they have on the Mommy ‘n Me website and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement via our Contact page.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
10. Entire Agreement
These terms and conditions, constitute the entire agreement between you and Mommy ‘n Me in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
15. Applicable Law and Venue
The laws of the State of Florida will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the state or federal courts located in Broward County, Florida, and you and Mommy ‘n Me consent to personal jurisdiction and exclusive venue in such courts.
Notwithstanding any of these Terms, Mommy ‘n Me reserves the right, without notice and in it’s sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. We reserve the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.