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TERMS OF USE

These Terms of Use (“Terms”) apply to your use of the Momcology, Inc. (“Momcology”) website and the information and services provided through the Site (the “Site”). Please read these Terms carefully. By continuing to use the Site, you agree to be bound by and comply with these Terms. If you do not agree to be bound by the Terms, you may not use the Site. Momcology may amend these Terms from time to time by posting a copy of the updated Terms, which will go into effect as soon as they are posted to this page. Your continued use of the Site constitutes agreement to the changes. Your use of the Site is also subject to the terms of the Momcology Privacy Policy and the Momcology Social Media Disclosure, incorporated herein by reference.

Site Content: Momcology provides access to peer support and other resources, including, but not limited to, health and medical content, online tools, donations, and various communication tools and platforms, such as Momcology’s social media pages (the “Community”) (collectively, the “Services”). Momcology assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you. The Site does not provide medical advice, diagnosis, or treatment. The contents of the Site and Community, including, but not limited to, text, graphics, images, information, and any other materials on the Site or Community (collectively, the “Content”) is for informational purposes only. The Site, Community, and Content are not substitutes for professional medical advice. You should seek the advice of your physician or other qualified medical professional with any questions you may have. Your reliance on any Content contained on the Site or Community is solely at your own risk.

Site Usage: You accept sole responsibility for all of your activities using the Site. Your use of the Site is limited to the intended function of the Site. You may not use the Site in any manner that:

  • harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);
  • is unlawful, fraudulent, or deceptive;
  • uses technology or other means to access Content, systems, or user accounts of Momcology in a manner that is not authorized by Momcology;
  • uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access Content or systems of Momcology;
  • attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • attempts to damage, disable, overburden, or impair Momcology servers or networks;
  • encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  • violates these Terms or any other Momcology policies;
  • fails to comply with applicable third-party terms; or
  • constitutes any other inappropriate conduct, as determined by us in our sole discretion.

Momcology, in its sole and absolute discretion, may end your use of the Site and participation in the Community at any time, without prior notice, if you fail to comply with any of your obligations under these Terms, violate applicable law, or if you make any representation to us that is inaccurate.

Online Support Groups Participation:If you choose to contribute to any of the Momcology online support groups (“Groups”), you agree to the following:

  • You understand that the contributions made to the Groups by members are never a substitute for professional medical advice.
  • You will not post to the Groups any content that:is sexist, racist, blasphemous, homophobic, profane, disrespectful, or otherwise discriminatory and/or offensive;
    • is pornographic, sexually explicit, obscene, or lewd;
    • could be considered controversial such as posts about personal religious or belief systems, politics, or vaccines; or
    • contains personal information, including addresses, phone numbers, or medical ID numbers.
  • You will not copy or repost any of the private information located within the Groups with the intention to hurt, bully, or harass any party.

If you violate any of these Terms, you may be removed and/or banned from our Groups. We may ban anyone without warning, at our discretion, at any time. If you believe someone is violating the Terms, please contact your group administrator or email us at [email protected].

Site License: Momcology grants you a personal and non-commercial license to access and use the Site in the form provided by Momcology. The Site and its entire Contents are owned by Momcology and may not be copied, reproduced, transmitted, displayed, distributed, sublicensed, altered or otherwise used in whole or in part in any manner without Momcology’s prior written consent. You understand and acknowledge you are responsible for any contributions you submit and you, not Momcology, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. Any communications or materials of any kind that you transmit to Momcology through or using the Site or Community, including, but not limited to, data, questions, comments, or suggestions (the “Communications”) will become the property of Momcology. You hereby agree that these Communications are non-confidential and non-proprietary for all purposes. You expressly grant Momcology a license to use any ideas, concepts, know-how, feedback or techniques contained in your Communications for any purpose including, but not limited to, developing, marketing, and selling products using such Communications. All right, title, and interest in the Site and any Content is the exclusive property of Momcology. The Contents of the Site are protected under United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights law. Any appropriate use of Content available from the Site must not remove any trademarks, copyright, or any other notice contained in such Content. Any use of the Site not expressly permitted by these Terms is a breach of the Terms and may violate copyright, trademark, or other such laws.

Third Party Links: You acknowledge that the opinions and recommendations contained on the Site and Community are not necessarily those of Momcology or endorsed by Momcology. Momcology may provide links on the Site and Community to other websites which are not under the control of Momcology. These links are provided for convenience or for reference only and are not intended as an endorsement by Momcology of the organization or individual operating the third party website or warranty of any type regarding the third party website or information on the third party website. This may include links to social media platforms as part of the Services that Momcology offers the Community. Your use of such social media platforms is subject to these Terms, as well as any other terms required by the specific social media platform. If you share any Content with third parties on our Facebook Groups you understand that your information is shared with this third party and that Momcology has no control over how the third party may use your Content. You shall defend, indemnify, and hold harmless Momcology, its subsidiaries, and affiliates from and against any liabilities whatsoever resulting from your use of Momcology social media pages.

Intellectual Property: The Site, the Content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Momcology or third parties; all rights, title, and interest will remain the property of Momcology and/or such third-party owner, as applicable. All Content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws. You are authorized to view and retain a copy of pages of the Site only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Site for the purpose of transacting business with Momcology. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use, without the express written consent of Momcology. Additionally, you agree that you (i) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Site (or printed pages produced from the Site), and (ii) will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Momcology.

Security: While the security of your personal information is important to us, please be aware that no security measure can provide 100% security. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security. You acknowledge that, as with all electronic communications, there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties via the Internet, including the Site.

Disclaimer of Warranties: YOUR USE OF THE SITE AND COMMUNITY IS ENTIRELY AT YOUR SOLE RISK. THE SITE AND COMMUNITY ARE PROVIDED BY MOMCOLOGY ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOMCOLOGY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOMCOLOGY MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. MOMCOLOGY UNDERTAKES NO OBLIGATION TO UPDATE THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOMCOLOGY, OR THROUGH THE SITE SHALL CREATE ANY WARRANTY REGARDING THE SITE NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT DDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SITE AND ITS CONTENT AND DATA MAY BE PROVIDED BY MOMCOLOGY FROM TIME TO TIME WITHIN THE SITE.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL MOMCOLOGY BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MOMCOLOGY AND ITS AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOMCOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR ANY OTHER MATTER RELATING TO THE SITE OR COMMUNITY.

Indemnification: You agree to indemnify, defend, and hold Momcology and its affiliates and their directors, officers, employees, agents, representatives, and volunteers harmless from any claim, demand, loss, costs, or expense, including reasonable attorneys’ fees and costs of investigation, arising out of or related to your violation of these Terms, applicable laws, or regulations.

Choice of Law: These Terms and will be governed by and construed in accordance with the laws of the State of [State] and the parties expressly consent to the jurisdiction of courts of that state.

Waiver and Severability: If Momcology does not exercise or enforce any particular right set forth in these Terms, Momcology does not waive that right. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then you and Momcology agree that the court should endeavor to follow the intention of the provision and that all other provisions of the Terms will remain in full force and effect.