THE MOMMY GUIDE™ WEBSITE TERMS & CONDITIONS
The Mommy Guide™ is not a professional child rearing service provider or medical services provider. The Mommy Guide™ is not engaged in rendering child rearing advice or advice to pregnant women, and nothing we do and no element of The Mommy Guide™ Offerings should be construed as such. The Website Content is not a substitute for physician consultation or professional child rearing advice. You should always check with your physician and other child rearing service providers to be sure that any Website Content or other advice, products and/or services offered through the Website are appropriate for you and/or your children. Never disregard professional medical and/or child rearing advice or delay in seeking professional advice because of something that you have read on the Website. Much of the Website Content is provided by Users and Third Party Providers, and should not be relied upon in any manner or respect. The Mommy Guide™ shall not be responsible or liable for the accuracy, usefulness or availability of any Website Content or other information transmitted or made available via the Website, and we shall not be responsible or liable for any parenting decisions that are made based on such Website Content or other information. The Mommy Guide™ disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through The Mommy Guide™ Offerings.
SCOPE OF AGREEMENT:
The Agreement constitutes the entire and only agreement between you and The Mommy Guide™ with respect to your use of The Mommy Guide™ Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to The Mommy Guide™ Offerings. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of The Mommy Guide™ Offerings shall be subject to the Agreement. You understand and agree that The Mommy Guide™ is not responsible or liable in any manner whatsoever for your inability to use The Mommy Guide™ Offerings.
MODIFICATION OF AGREEMENT:
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using any of The Mommy Guide™ Offerings. By your continued use of any of The Mommy Guide™ Offerings, you hereby agree to all the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check this page for updates and/or changes.
The Mommy Guide™ Offerings are available only to individuals that are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) and that can enter into legally binding contracts under applicable law. If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), or cannot enter into a legally binding contract under applicable law, you do not have permission to use The Mommy Guide™ Offerings. This Website is intended for US Residents only. Canadian residents are prohibited from signing up on this Website. Any Canadian resident who signs up on this Website is doing so in violation of these Terms and Conditions and as a result, you will be deemed to waive any rights you may have to assert any claims against the Website, the Company, or any of its officers or owners, arising from your use of the Website.
To register as a Registered User, you must complete and submit the online registration form. The information you must supply may include, but is not limited to, your full name, postal address, phone number, email address (where available), date of birth and any other information requested on the applicable registration form (collectively, “Registration Data”). If you are submitting a photograph of your child on the Website (“Child Photo”), you may also be required to provide the age and gender of the child and your relationship to the child. You agree to provide true, accurate, current and complete information during registration and also agree to update your registration information as necessary to maintain it in an up to date and accurate fashion. The Mommy Guide™ may reject your attempted registration, and/or terminate your registration and/or access to The Mommy Guide™ Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (a) where The Mommy Guide™ believes that you are in any way in breach of the Agreement; and (b) where The Mommy Guide™ believes that you are, at any time, conducting any unauthorized commercial activity by and through your use of The Mommy Guide™ Offerings.
DESCRIPTION OF WEBSITE CONTENT:
Subject to the terms and conditions of the Agreement, Users that possess the requisite technology shall have the opportunity to view and listen to all Website Content, including text, media, images, graphics, user interfaces, audio, music, videos, photographs, artwork and other content, appearing on the Website as compiled, distributed and displayed by The Mommy Guide™, Users and Third Party Providers. The Website Content shall be organized, in part, around various features and offers including, without limitation: (a) topics applicable to child rearing; (b) topics applicable to pregnancy; (c) topics applicable to fathers; (d) topics applicable to relationships; (e) coupons and promotional offers (“Coupons”); (f) User-submitted Child Photos; (g) Facebook® page recommendations (“Facebook® Page of the Day”); (h) featured Users of the day; and (i) any and all other topics and/or material featured on the Website.
The Website Content may encourage interaction between Users and between Third Party Providers by allowing Users and other Third Party Providers to comment on the Website Content (“Feedback”). The Website Content and Feedback including, without limitation, the Photos, Facebook® Page of the Day, comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information included therein, may be provided directly by Third Party Providers and/or Users. Such Third Party Providers and/or Users are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. Such Website Content and Feedback should not necessarily be relied upon. The Mommy Guide™ does not represent or warrant that the Website Content and/or Feedback and other information made available by and through The Mommy Guide™ Offerings is accurate, complete or appropriate. You understand and agree that The Mommy Guide™ will not be responsible for, and The Mommy Guide™ undertakes no responsibility to monitor or otherwise police, such Website Content, Feedback and other information. You agree that The Mommy Guide™ shall have no obligation and incur no liability to you in connection with any such Website Content, Feedback and other information appearing by and through The Mommy Guide™ Offerings.
Facebook® is a registered trademark of Facebook Inc. Please be advised that The Mommy Guide™ is not in any way affiliated with Facebook Inc., and The Mommy Guide™ Offerings (including the Facebook® Page of the Day) are neither endorsed, nor sponsored, by Facebook Inc.
Please be advised that The Mommy Guide™ does not itself provide the Coupons, any products or services featured in the Coupons. The Coupons, and the products and services featured in the Coupons are made available and serviced by the applicable third party retailers (“Retailers”). The Coupons contain descriptions that are provided directly by such Retailers. The Retailers are solely responsible for the ultimate terms and conditions associated with the Coupons, as well as all fulfillment and customer service in connection with products and services featured in the Coupons. Please contact the Retailers directly for any questions, comments or feedback related thereto.
DESCRIPTION OF INTERACTIVE SERVICES:
Users may be able to provide Feedback in connection with the Interactive Services. The Mommy Guide™ reserves the right to prohibit any conduct by Users or to remove any Feedback, Website Content or other materials posted by Users to the Website that The Mommy Guide™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which The Mommy Guide™ believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose The Mommy Guide™ to harm, damage to reputation or liability. Notwithstanding the foregoing, The Mommy Guide™ undertakes no responsibility to monitor or otherwise police the Feedback and Website Content posted by Users. You understand and agree that The Mommy Guide™ is not responsible or liable in any manner whatsoever for your inability to use the Interactive Services, or for any dispute between you and other Third Party Providers and/or Users.
You agree that you are solely responsible for the Website Content (including Child Photos), Feedback and/or other information that you publish, transmit and/or post by and through The Mommy Guide™ Offerings. You agree to use the Interactive Services in a manner consistent with any and all applicable federal, state and local laws, statutes, rules, regulations and judicial decrees including, without limitation, state and federal laws. In connection with the Website Content (including Child Photos), Feedback and/or other information that you post by and through The Mommy Guide™ Offerings, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (d) impersonate any person or entity; (e) “stalk” or otherwise harass any person via The Mommy Guide™ Offerings; (f) engage in unauthorized advertising to, or solicitation of other Users or Third Party Providers in an effort to buy or sell any products or services; (g) transmit any chain letters, spam or junk e-mail; (h) express or imply that any statements that you make are endorsed by The Mommy Guide™; (i) harvest or collect personal information of other Users or Third Party Providers whether or not for commercial purposes, without their express consent; (j) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of The Mommy Guide™ Offerings; (k) infringe upon, or otherwise post, distribute or reproduce in any way, any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark or other proprietary rights notices contained within The Mommy Guide™ Offerings; (m) interfere with or disrupt any of The Mommy Guide™ Offerings’ functions, services and/or the servers or networks connected to The Mommy Guide™ Offerings; (n) post, offer for download, e-mail or otherwise transmit 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; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (p) “frame” or “mirror” any part of the Website, without our prior written authorization; (q) use metatags or code or other devices containing any reference to The Mommy Guide™ Offerings in order to direct any person to any other website for any purpose; and/or (r) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of The Mommy Guide™ Offerings or any software used on or for The Mommy Guide™ Offerings. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your User access without notice, in the sole discretion of The Mommy Guide™. The Mommy Guide™ reserves the right to pursue any and all legal and equitable remedies against Users that engage in the aforementioned prohibited conduct.
DISPUTES WITH OTHER USERS OR THIRD PARTY PROVIDERS:
Please use caution, common sense and safety when using The Mommy Guide™ Offerings, Feedback and Website Content. You are solely responsible for your interactions with other Website-users including, but not limited to, Third Party Providers, Users and/or other third parties. Disputes may arise between you and others or between you and The Mommy Guide™ related to such Feedback, Website Content or other material posted or made available by and through The Mommy Guide™ Offerings. Such disputes could involve, among other things: (a) the Feedback; (b) the Website Content; (c) other material posted or made available by and through The Mommy Guide™ Offerings; (d) infringement upon copyrights, trademarks or other rights in intellectual property; (e) defamation; (f) fraud; and (g) the use or misuse of information. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the Feedback, Content or other information that you transmit, re-transmit or receive through The Mommy Guide™ Offerings are your sole and exclusive responsibility. In the event that you have a dispute with one or more Users, Third Party Providers and/or other third parties, you hereby release The Mommy Guide™ including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. The Mommy Guide™ reserves the right, but has no obligation, to monitor disputes between you and other Users, Third Party Providers and/or other third parties.
The Mommy Guide™ operates The Mommy Guide™ Offerings as a neutral host, and The Mommy Guide™ does not regularly monitor, regulate or police the use of The Mommy Guide™ Offerings by any of its participants. The participation in The Mommy Guide™ Offerings by a User, Third Party Provider or otherwise does not constitute an endorsement by The Mommy Guide™ of that User, Third Party Provider or other third party. Users, Third Party Providers and other third parties are independent parties and The Mommy Guide™ does not, and shall not, have any responsibility or liability for the acts, omissions, agreements, promises, Website Content, Feedback and/or other information of any User, Third Party Provider and/or other third party. Nothing in the Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between The Mommy Guide™ and any User, Third Party Provider or any other party. No User or Third Party Provider has any authority to make or accept any offers or representations on behalf of The Mommy Guide™.
As a User, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use The Mommy Guide™ Offerings in accordance with the Agreement. The Mommy Guide™ may terminate this license at any time for any reason. You may use The Mommy Guide™ Offerings on one computer for your own personal, non-commercial use. No part of The Mommy Guide™ Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer The Mommy Guide™ Offerings or any portion thereof. Systematic retrieval of content or matter associated with The Mommy Guide™ Offerings by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from The Mommy Guide™ is strictly prohibited. The Mommy Guide™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of The Mommy Guide™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on The Mommy Guide™ infrastructure.
Users that submit Website Content (including Feedback and Child Photos) to The Mommy Guide™ represent and warrant that they have all of the rights and authority necessary to submit such Website Content, including the right to publish such Website Content. Users grant to The Mommy Guide™ a perpetual, transferable, irrevocable, royalty free, worldwide license (“License”) to: (a) display on, and distribute through, The Mommy Guide™ Offerings, and any and all other media, the Website Content (including Feedback and Child Photos) and any other information posted by and through The Mommy Guide™ Offerings by such Users; and (b) any and all associated trademarks, service marks, tradenames and/or copyrights. The Website Content (other than that which is submitted to the Website by Users and Third Party Providers), organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to The Mommy Guide™ Offerings, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of The Mommy Guide™ Offerings is strictly prohibited (other than any Website Content that is submitted by you). You do not acquire ownership rights, other than those rights that you may already have, to any content, document, software, services or other materials viewed at or through The Mommy Guide™ Offerings. The posting of information or material by and through The Mommy Guide™ Offerings by The Mommy Guide™ does not constitute a waiver of any right in or to such information and materials.
COPYRIGHT POLICY/DMCA COMPLIANCE:
The Mommy Guide™ reserves the right to terminate the User account/access of any User who repeatedly infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted via the Website and/or other Mommy Guide™ Offerings in a way that constitutes copyright infringement, you should provide The Mommy Guide™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Website (or otherwise) of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for The Mommy Guide’s™ Copyright Agent for notice of claims of copyright infringement is as follows:
The Mommy Guide, Inc.
Attn: DMCA/Copyright Agent
24 W. Railroad Ave #139
Tenafly, NJ 07670
EDITING, DELETION & MODIFICATION:
We reserve the right in our sole discretion to reject, or remove, any Website Content (including Feedback and Child Photos) submitted to the Website that The Mommy Guide™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which The Mommy Guide™ believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose The Mommy Guide™ to harm, damage to reputation or liability. Notwithstanding the foregoing, please be advised that The Mommy Guide™ is not a publisher of the Website Content submitted by Users and Third Party Providers. The Mommy Guide™ is merely providing a forum for the display of such Website Content and, therefore, expressly disclaims any and all liability associated with the display of any content submitted by Users and Third Party Providers.
You agree to release, indemnify and hold The Mommy Guide™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of The Mommy Guide™ Offerings; (b) your breach of the Agreement; (c) any dispute between you and any User or Third Party Provider and/or (d) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of The Mommy Guide™, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
DISCLAIMER OF WARRANTIES:
THE MOMMY GUIDE™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE MOMMY GUIDE™ MAKES NO WARRANTY THAT THE MOMMY GUIDE™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE WILL: (A) MEET YOUR REQUIREMENTS: (B) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) RESULT IN ANY SPECIFIC CHILD REARING, PARENTING, PREGNANCY OR OTHER HEALTH-RELATED OUTCOME; OR (D) BE ACCURATE OR RELIABLE. THE MOMMY GUIDE™ OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE MOMMY GUIDE™ OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MOMMY GUIDE™, ANY USER, THIRD PARTY PROVIDER OR OTHERWISE BY AND THROUGH THE MOMMY GUIDE™ OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MOMMY GUIDE™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MOMMY GUIDE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE MOMMY GUIDE™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) ANY MATTER RELATING TO ANY MOMMY GUIDE™ OFFERINGS; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE MOMMY GUIDE™ OFFERINGS, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE MOMMY GUIDE™ OFFERINGS; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR WEBSITE CONTENT; (E) THE FAILURE TO REALIZE ANY SPECIFIC CHILD REARING, PARENTING, PREGNANCY OR OTHER HEALTH-RELATED OUTCOME; OR (F) ANY OTHER MATTER RELATING TO THE MOMMY GUIDE™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE THE MOMMY GUIDE™, AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF THE MOMMY GUIDE™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE MOMMY GUIDE™. THE MOMMY GUIDE™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE, WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
The Website may provide, and other Users and Third Party Providers may provide and/or refer you to, links to other Internet websites and/or resources. Because The Mommy Guide™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that The Mommy Guide™ is not responsible for the availability of such third party websites and/or resources. Furthermore, The Mommy Guide™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of The Mommy Guide™ Offerings, is a violation of criminal and civil law and The Mommy Guide™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
DISPUTE RESOLUTION PROVISIONS:
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning The Mommy Guide™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us which can be found here . We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Website here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that you incurred for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against The Mommy Guide™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that The Mommy Guide™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and The Mommy Guide™ and governs your use of The Mommy Guide™ Offerings, superseding any and all prior and/or contemporaneous agreements between you and The Mommy Guide™. To the extent that anything in or associated with The Mommy Guide™ Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
If you have any questions, please email email@example.com; write to The Mommy Guide, Inc. 24 W. Railroad Ave #139, Tenafly, NJ 07670; or call 800-420-5807.