TERMS OF SERVICE
Welcome to MomSquad.com. The MomSquad website (the “Site”) is comprised of various web pages operated by MomSquad (“MomSquad”, “we”, “us”, “our”). MomSquad.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). The following Terms of Service constitute a legal contract between you (“you” and “your”) and MomSquad. Your use of MomSquad.com constitutes your agreement to all Terms. Please read these terms carefully and keep a copy of them for your reference.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF CHILD’S USE OF THE SITE.
PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
Electronic Communication. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Site, fulfill any legal requirements that such communication be in writing. The internet is not secure, and messages sent by email can be intercepted. You agree to use your best efforts to keep your security procedures current and all communications by email secure.
Account Security. In using this Site, you agree to be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MomSquad is not responsible for third party access to your account that results from theft or misappropriation of your account.
Children Under Thirteen. This Site is intended to be used by adults. It is not intended for children, and MomSquad does not seek to collect any personal information for persons who are under the age of 13. MomSquad recommends that parents do not post, or permit others to post, any personally identifiable information with respect to persons under the age of 13. If you are under 18, you may use MomSquad.com only with permission of a parent or guardian.
Cancellation/Refund Policy. MomSquad subscriptions may be cancelled at any time, and you will not be billed beginning the next calendar month. Refunds and returns are administered through the individual vendors based on their policies. MomSquad and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Use of Communication Services. The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example and not as limitation, you agree that when using a Communication Service, you will not:
Interfere with other’s ability to utilize this Site by defaming, abusing, harassing, stalking, threatening or otherwise violating legal rights (such as rights of privacy and publicity) of others or harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, or indecent information;
Upload files that contain software or other materials protected by intellectual property laws (or by the rights of privacy or publicity), unless you own or control the rights thereto or have received all necessary consents, or files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or of this Site;
Advertise or offer to sell or buy any goods or services or any business purpose, unless such Communication Service specifically allows such messages;
Conduct or forward surveys, contests, pyramid schemes, or chain letters;
Download any file posted by another user of a Communication Service that you know or reasonably should know cannot be legally distributed in such manner; nor
Violate any applicable laws or regulations or any code of conduct or other guidelines which may be applicable for any particular Communication Service.
MomSquad has no obligation to monitor the Communication Services. MomSquad reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MomSquad reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Links to Third Party Sites/Third Party Services. MomSquad.com may contain links to other websites (“Linked Sites”). The Linked Sites are not owned, operated, or endorsed by MomSquad, and MomSquad is not responsible for the contents of any Linked Sites, including without limitation any link or information contained in the Linked Site or any changes or updates to a Linked Site. MomSquad is providing these links to you only as a convenience, and the inclusion of any link shall not be misconstrued as an endorsement by MomSquad of the site or any of its operators. Certain services made available via MomSquad.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the MomSquad.com domain, you hereby acknowledge and consent that MomSquad may share such information and data with any third party who MomSquad has a contractual relationship to provide the requested product, service, or functionality on behalf of MomSquad.com users and customers.
Third Party Accounts. You will be able to connect your MomSquad account to third party accounts. By connecting your MomSquad account to your third-party account, you acknowledge and agree that you are consenting to a continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Materials Provided to MomSquad.com or Posted on any MomSquad Webpage. MomSquad does not claim ownership of the materials you provide to MomSquad.com (including feedback and suggestions) (“Submissions”) or post, upload, submit or input to any MomSquad Site or our associated services. By posting, uploading, submitting, providing, or uploading your Submissions you are granting MomSquad, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission, and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission. MomSquad is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at MomSquad’s sole discretion.
Your Responsibility on Materials Provided to MomSquad.com or Posted on any MomSquad Webpage.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not MomSquad, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the MomSquad Services. MomSquad does not control the Content posted via the MomSquad Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the MomSquad Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MomSquad be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the MomSquad Services. You agree to not use the MomSquad Services to:
upload, post, email, transmit, or otherwise make available any 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;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a MomSquad official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the MomSquad Service;
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);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the MomSquad Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the MomSquad Services or servers or networks connected to the MomSquad Services, or disobey any requirements, procedures, policies or regulations of networks connected to the MomSquad Services, including using any device, software or routine to bypass our robot exclusion headers;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that MomSquad may or may not pre-screen Content, but that MomSquad and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the MomSquad Services. Without limiting the foregoing, MomSquad and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MomSquad or submitted to MomSquad, including without limitation information in MomSquad Message Boards and in all other parts of the MomSquad Services.
You acknowledge, consent and agree that MomSquad may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of MomSquad, its users and the public.
International Use. The Service is controlled, operated, and administered by MomSquad from our offices within the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with local laws. You agree that you will not use the MomSquad Content accessed through MomSquad.com in any country or in any manner prohibited by applicable laws, restrictions, or regulations.
Indemnification. You agree to indemnify, defend, and hold harmless MomSquad, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating or arising out of your use of or inability to use the Site or services, your posting of any materials, your violation of any terms of this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. MomSquad reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MomSquad in asserting any available defense.
Dispute Resolution and Arbitration. You and MomSquad agree that any dispute, claim, or controversy between you and MomSquad arising in connection with or relating in any way to these Terms or to your relationship with MomSquad whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether such claims before or after the termination of these Terms will be determined by mandatory binding individual (not class) arbitration pursuant to the Federal Arbitration Act. You and MomSquad further agree that the arbitrator shall have exclusive power to rule on jurisdiction, scope, existence, or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. Such arbitration shall be conducted by a single neutral arbitrator and administered by the American Arbitration Association, or similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. You and MomSquad both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action (1) in the U.S. small claims court or (2) in a court of law, in accordance with the jurisdiction and venue describes in the Disputte Resolution and Arbitration section above, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator. In addition, this Arbitration Agreement does not stop you or MomSquad from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if allowed by governing law, seek relief against MomSquad on your behalf or against you on MomSquad’s behalf. If this Section is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the ‘Governing Law’ section shall govern with respect to any dispute, claim, or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement.
Class Action Waiver. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MomSquad agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer. The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. MomSquad and/or its suppliers may make improvements and/or changes in the site at any time. MomSquad and/or its suppliers make no representations about the sustainability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the site for any purpose. To the maximum extent permitted by the law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. MomSquad and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. To the maximum extent permitted by applicable law, in no event shall MomSquad and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages, 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 inability to use the site or related services.
Disclosure. MomSquad reserves the right to disclose any information as necessary to abide by any applicable law, regulation, legal process or governmental request to edit, refuse to post or remove any information or materials, in whole or in part, in MomSquad’s full discretion.
Disclaimer. MomSquad does not control or endorse the content, messages, or information found in any Communication Service and, MomSquad specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MomSquad spokespersons, and their views do not necessarily reflect those of MomSquad. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Notice. MomSquad may provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the MomSquad Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this Terms by accessing the MomSquad Services in an unauthorized manner. Your agreement to this Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the MomSquad Services in an authorized manner.
Notice And Procedure For Making Claims Of Copyright Or Intellectual Property Infringement.
MomSquad respects the intellectual property of others, and we ask our users to do the same. MomSquad may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 MomSquad the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
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;
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.
MomSquad's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: (1064 N County Blvd Ste.100, Pleasant Grove, UT 84062)
By phone: (385-323-0502)
By email: (firstname.lastname@example.org)
Termination. MomSquad reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Governing Law. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah, and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effects to all provisions of these Terms, including, without limitation, this section.
Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MomSquad as a result of this agreement or use of the Site.
Severability. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Entire Agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MomSquad with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and MomSquad with respect to the Site.
Changes to Terms. MomSquad reserves the right, in its sole discretion, to change the Terms under which MomSquad.com is offered. The most current version of the Terms will supersede all previous versions. MomSquad encourages you to periodically review the Terms to stay informed of our updates.
MomSquad welcomes any questions or comments regarding these Terms of Service.
1064 N County Blvd. Suite 100
Pleasant Grove, Utah 84062