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Terms of Use

Terms of Use

  1. BINDING EFFECT AND CONSENT. This is a binding agreement between you and MomsLA, LLC. By using or accessing our Site, you acknowledge that you have read these Terms of Use and agree to be bound by them. If for any reason you do not agree to these Terms of Use, please discontinue your use of the Site.
  2. DEFINITIONS.

(a)       MomsLA, LLC: MomsLA, LLC may also be referred to as “we”, “us”, “our”, or “MomsLA”.

(b)      You: We may refer to you or any person that uses or visits our website as “you”, “your”, or a “user.”

(c)       Site: When we use the term “Site,” we mean all the individual URL(s) or Internet address locations, sites and pages within the MomsLA.com domain and materials provided on or with our Site, including without limitation, our applications, content, information, graphics, multimedia materials, code, logos, service and trademarks, designs, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions, tools and services in, on, or associated with our Site whether or not created by us or our freelancers and bloggers.

  1. INCORPORATED POLICIES. MomsLA’s Privacy Policy, which includes the Cookie Notice, and our Disclosure Statement are incorporated into this Terms of Use.
  2. LICENSE. Except as otherwise specifically permitted, you may use our Site only for personal, non-commercial purposes. Under no circumstances may you use the Site in a manner that exceeds the rights granted for your use. Unless otherwise specifically provided, you may not use any data mining, robots, or similar data gathering and extraction tools on the Site, frame any portion of the Site, scrape our Site or databases, or reproduce, reprint, redistribute, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Site (or any portion) without our prior written consent.
  3. USER CONTENT LICENSE. When you leave a comment on our Site, submit an application to have your event listed on our calendar, or otherwise post or distribute any content on our Site, you grant MomsLA, including its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use any of the materials you provide, including photographs, videos, copy, or other content (“User Content”) in connection with the operation of the Site, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Content. You warrant and represent that you own the rights to the User Content or are otherwise authorized to post, display, transmit, or distribute the User Content.
  4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When you leave a comment on our Site, submit an application to have your event listed on our calendar, or otherwise post or distribute content on our Site, you agree to obey the law and to respect the intellectual property rights of others. You agree not to distribute in any way User Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted by you on our Site.
  5. INAPPROPRIATE CONTENT. When you leave a comment on our Site, submit an application to us to have your event listed on our calendar, or otherwise post or distribute content on our Site, please be courteous and respectful to all. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services unless pre-approved by MomsLA. MomsLA reserves the right to delete, hide, modify, or revise your inappropriate content posted to our Site. MomsLA intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
  6. PROHIBITED USES. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing;’ or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by MomsLA in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
  7. DIGITAL MILLENIUM COPYRIGHT ACT NOTICE. If you believe that any material on this Site infringes your copyright rights, please contact MomsLA’s designated agent for Digital Millennium Copyright Act notices at:

 

Sarah Auerswald, Co-Founder
MomsLA, LLC
3930 Keeshen Dr.
Los Angles, California 90066
Sarah@MomsLA.com

In your notice, please include: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works; (c) identification of the material that you claim to be infringing, and where the material is located on the Site; (d) your address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate. If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.

  1. RIGHT TO TERMINATE. MomsLA reserves the right to terminate your use of the Site for any violation of these Terms of Use. While MomsLA has no obligation to monitor the Site, we also reserve the right to review any User Content and remove, delete, redact, or otherwise modify such User Content in our sole discretion at any time without notice or further obligation or any compensation to you. MomsLA reserves the right to disclose at any time any information or User Content that we deem necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request.
  2. DISCLAIMERS.

(a)       NO WARRANTIES. MOMSLA HEREBY DISCLAIMS ALL WARRANTIES. MOMSLA IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOMSLA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MOMSLA DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

(b)      ERRORS, OMISSIONS, AND INACCURACIES. THE INFORMATION, MATERIALS, SERVICES, AND/OR EVENTS AVAILABLE ON OR THROUGH THIS SITE MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE MOMSLA EVENTS CALENDAR. MOMSLA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, MATERIALS, SERVICES, AND/OR EVENTS DESCRIBED ON OR AVAILABLE THROUGH THIS SITE FOR ANY PURPOSE. MOMSLA STRONGLY URGES YOU TO CONFIRM ANY EVENT DETAILS, INCLUDING BUT NOT LIMITED TO EVENT DATE, TIME, LOCATION, AND ADMISSION, WITH THE THIRD PARTY EVENT HOSTS PRIOR TO RELIANCE OR ATTENDANCE.

(c)       Medical Disclaimer.   The information, including but not limited to, text, graphics, images and other material, contained on our Site is for informational purposes only. While this Site may comment on particular health products, diets, supplements and other healthy living topics, it is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this site. Reliance on any information appearing on this site is solely at your own risk.

  1. LIMITED LIABILITY. MOMSLA’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOMSLA BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, AND ATTORNEY FEES AND COSTS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY PRODUCTS, MATERIALS, OR SERVICES, INCLUDING EVENTS, RECOMMENDED TO YOU OR PROVIDED TO YOU BY MOMSLA. MOMSLA IS IN NO WAY RESPONSIBLE FOR ANY PROBLEMS, INJURIES, OR DAMAGES YOU SUSTAIN WHILE PARTICIPATING IN ANY THIRD PARTY EVENT OR ACTIVITY POSTED ON THIS SITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
  2. INDEMNITY. You agree to indemnify, defend, and hold harmless MomsLA, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.
  3. LINKS; AFFILIATED SITES. MomsLA has no control over, and no liability for any third party websites or materials. MomsLA works with various partners, affiliates, and third parties whose content and Internet sites may be linked with our Site. Because we have no control over the content and performance of these third party sites, MomsLA makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and MomsLA assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
  4. COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY RIGHTS. You acknowledge and agree that all information, services, content, and other materials available on or with the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by MomsLA. Except as expressly authorized by MomsLA, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the information, services, content, or other materials available on or with the Site.
  5. GOVERNING LAW. These Terms of Use, including the expressly incorporated Privacy Policy, Cookie Notice, and Disclosure Statement, shall be construed in accordance with and governed by the laws of the State of California, without reference to their rules regarding conflicts of law.
  6. DISPUTE RESOLUTION.

(a)       Overview. We anticipate that any customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us at info@MomsLA.com. In the unlikely event that MomsLA is unable to resolve your concerns, we each agree to resolve those disputes through either binding arbitration or small claims court instead of in courts of general jurisdiction to the fullest extent permitted by law, and subject to these Terms of Use.

(b)      Small Claims; Venue. The arbitration clause in paragraph (c) below does not apply to small claims cases, i.e. those cases in which the amount in controversy is less than or equal to Ten Thousand Dollars ($10,000). Additionally, you hereby consent to the exclusive jurisdiction of the Small Claims Court of the Los Angeles County Superior Court, California, USA for all small claims disputes arising out of or related to these Terms of Use or your use of the Site.

(c)       Arbitration. Except for small claims cases discussed above, any dispute, claim, or controversy arising out of or relating to these Terms of Use or your use of our Site shall be submitted exclusively to, and decided exclusively in, a confidential arbitration in the County of Los Angeles, State of California before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. The arbitrability of this provision shall be solely determined by JAMS. In the event that any party seeks relief under these Terms of Use in any venue other than through JAMS—except for those Small Claims cases discussed above—then the complaining Party shall pay all of the costs, fees (including attorneys’ fees), and expenses of the responding Party. The Parties each waive the right to seek any consequential, indirect, incidental, and punitive damages as well as any attorneys’ fees and expenses, and the arbitrator shall have no authority to award such damages. The Parties waive their right to a jury trial. The Parties further waive any right of appeal. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW. Judgment on the award rendered by the arbitrator, if any, may be entered for enforcement purposes in any court having jurisdiction thereof.

  1. SEVERABILITY; WAIVER. If, for whatever reason, any term or condition in these Terms of Use is determined by the appropriate authority to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of MomsLA.
  2. MODIFICATIONS. MomsLA may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. MomsLA shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use, including the Privacy Policy, Cookie Notice, and Disclosure Statement, posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.