Website Terms of Use

Last modified: March 2018

Thank you for visiting the Local Moms website (the “Website”), hosted by The Local Moms Network, LLC (“Local Moms,” “we” or “us”).  These Terms of Use govern your access to and use of the Website.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://thelocalmomsnetwork.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, please do not access or use the Website.

This Website is intended for use by residents of the United States who are 18 years of age or older.  We do not represent that the Website or its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Important Notice Regarding Claims and Agreement to Arbitrate

PLEASE NOTE: these Terms of Use contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Website.  These are found in the Disclaimer of Warranties, Exclusion of Liability and Indemnity and Dispute Resolution sections below. Please read these terms carefully and make sure that you understand them before continuing with your use of the Website.  If you do not agree to such terms, please do not use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Accessing the Website and Account Security

We reserve the right to modify or discontinue the Website, or any service or content that we provide on the Website.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features, is governed by our Privacy Policy https://thelocalmomsnetwork.com/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or similar information as part of our security procedures for any portion of the Website, you must treat such information as confidential, and not disclose it to any other person, or permit any other person to access such areas of the Website using your login credentials. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Local Moms, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may e-mail, print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • Notwithstanding the above, you may not share or disseminate any material or information made accessible to you on password protected areas of the Website to any person who does not have a right to access such material or information.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Local Moms and its licensors. Any use of the Website not expressly permitted by these Terms of Use is a breach hereof and may violate copyright, trademark and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Local Moms, a Local Moms employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Local Moms or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Comments and Suggestions

Local Moms welcomes your comments and suggestions regarding the Website.  Any comments or suggestions submitted to Local Moms, whether online or offline, will become Local Moms’ property upon their submission.  This policy is intended to avoid the possibility of future misunderstandings if a product or service developed by us might seem to others to be similar to their comments or suggestions.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes.  Although we endeavor to provide accurate information, we cannot and do not guarantee the accuracy, completeness or usefulness of the information provided on the Website, and your use of and reliance on such information is at your own risk.

Nothing on the Website constitutes health, medical, financial or investment advice.

This Website may include content or links to content offered by third parties. All information, statements and/or opinions expressed in such materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Local Moms. We are not responsible, or liable to you or any third party, for the content or accuracy of any third party materials, goods or services that you may access on or through the Website.

We have no control over the goods and services offered by third parties and make no representations or warrantees regarding the availability, quality or fitness of such goods or services for your purposes or any particular purpose.  You are encouraged to explore the information and resource links provided on the Website and contact any third parties directly to decide if such goods or services meet your individual needs.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.  You must not establish a link from any website that is not owned by you or use framing or deep linking of any portion of the Website.

Trademarks

The terms GREENWICHMOMS, THE LOCAL MOMS NETWORK, and all related names, logos, product and service names, designs and slogans are trademarks of Local Moms, its affiliates or licensors. You must not use such marks without the prior written permission of Local Moms.  All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Claims of Copyright Infringement

If you believe that any material contained in this Website infringes your copyright, you should notify Local Moms of your copyright infringement claim in accordance with the following procedure.  The notice should be sent, in writing, to Local Moms, and contain the following information:

  1. the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work(s) claimed to have been infringed;
  3. identification of the material that is claimed to be infringing and the location of such material on our Website;
  4. information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

User Contributions

The Website may contain message boards or other features that allow users to post, submit, publish, display or transmit comments or other content or materials (“User Contributions”).  Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, and by providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

You represent and warrant that:

  1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above;
  2. Your User Contribution complies with all applicable federal, state and local laws;
  3. All of your User Contributions do and will comply with these Terms of Use including the Content Standards below.

Content Standards.  User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, deceptive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

In addition to rights set forth elsewhere in these Terms of Use, we reserve the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, and to take legal or other action that we deem necessary or appropriate, in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any person or could create liability for Local Moms. Such steps may include, but shall not be limited to, disclosing your identity or other information to persons claiming violation of rights or to law enforcement authorities.  YOU WAIVE AND HOLD HARMLESS LOCAL MOMS AND ITS AFFILIATES, AGENTS AND LICENSEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THEM RELATING TO THE FOREGOING.

We do not, however, undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

Monitoring and Enforcement; Termination

Local Moms reserves the right to terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.  We also reserve the right to take all actions deemed reasonably necessary to address any suspected violation, including conducting investigations and referring the matter to law enforcement.

Disclaimer of Warranties

Although we take reasonable precautions to provide an accurate and secure Website, use of the Internet carries inherent risks.  You understand that we cannot and do not guarantee or warrant that materials made available on or through the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, OR DATA DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LOCAL MOMS NOR ANY PERSON ASSOCIATED WITH LOCAL MOMS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LOCAL MOMS NOR ANYONE ASSOCIATED WITH LOCAL MOMS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

LOCAL MOMS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Local Moms, its affiliates, licenses and their respective officers, directors, shareholders, employees, agents, and assigns from and against all claims that third parties may assert against Local Moms, and all damages and expenses, including attorneys’ fees, that may be incurred as a result of such claims, arising out of your breach of any representation, warranty or obligation to Local Moms, your violation of these Terms of Use or your violation of any rights of another person, including copyrights, trademarks or other intellectual property rights.

Arbitration

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.

To the fullest extent permitted by law, by using the Website, you agree that if a dispute arises between you and Local Moms, THE PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION.  ANY ARBITRATION COMMENCED BETWEEN YOU AND LOCAL MOMS MUST BE FILED IN FAIRFIELD COUNTY, CONNECTICUT. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.  THIS MEANS NEITHER YOU NOR LOCAL MOMS MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE.  The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and the Parties both agree that you or Local Moms may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.

Governing Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).

Waiver and Severability

No waiver by Local Moms of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Local Moms to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Local Moms with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Website.

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