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Terms of Use

Moms Next Move is a networking service that allows women nationwide to share valuable tips and strategies with one another.  The services offered through Moms Next Move ("Moms Next Move", "Comeback Moms", "we", "us", or "our") include the MomsNextMove.com website (the Moms Next Move Website") and any other features, content, or applications offered from time to time by Moms Next Move (collectively, the "Moms Next Move Services").  The Moms Next Move Services are hosted in the U.S.

 

The Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Moms Next Move Services.  By using the Moms Next Move Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Moms Next Move Website) or you are a "Member" (which means that you have registered with Moms Next Move).  The terms "User" or "you" refers to a Visitor or a Member. You are only authorized to use the Moms Next Move Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.  Please read this Agreement carefully and save it.  If you do not agree with it, you should leave the Moms Next Move Website and discontinue use of the Moms Next Move Services immediately.  If you wish to become a Member, communicate with other Members and make use of the Moms Next Move Services, you must read this Agreement and indicate your acceptance during the registration process.

 

The Agreement includes Moms Next Move's policy for acceptable use of the Moms Next Move Services and Content (as defined below) posted on the Moms Next Move Website, your rights, obligations and restrictions regarding your use of the Moms Next Move Services and Moms Next Move Privacy Policy.  In order to participate in certain Moms Next Move Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions.  Unless otherwise provided by the additional terms and conditions applicable to the Moms Next Move Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. 

 

Moms Next Move may modify this Agreement from time to time and such modification shall be effective upon posting by Moms Next Move on the Moms Next Move Website.  You agree to be bound to any changes to this Agreement when you use the Moms Next Move Services after any such modification is posted.  It is therefore important that you review this Agreement regularly to ensure you re updated as to any changes.

 

Please choose carefully the information you post on Moms Next Move and that you provide to other Users.

 

Moms Next Move reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Moms Next Move Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of and Membership in the Moms Next Move Services is void where prohibited.  By using the Moms Next Move Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Moms Next Move Services does not violate any applicable law or regulation.  Your Membership may be terminated without warning, if we believe that you are under the age of 14 years of age.
  2. Term.  This Agreement shall remain in full force and effect while you use the Moms Next Move Services or are a Member.  You may terminate your Membership at any time, for any reason, by notifying Moms Next Move in writing. Moms Next Move may terminate your Membership at any time, without warning or notice.  Even after Membership is terminated, this Agreement will remain in effect.
  3. Password.  When you sign up to become a Member, you will be asked to choose a password.  You agree not to use the account, username, or password of another Member at any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.
  4. Non-commercial Use by Members. The Moms Next Move Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Moms Next Move.  Illegal and/or unauthorized use of the Moms Next Move Services, including collecting usernames and/or email addresses of Members by Website is prohibited.  Appropriate legal action will be taken fro any illegal or unauthorized use of the Moms Next Move Services.
  5. Content Posted.  Moms Next Move may delete any Content that in the sole judgment of Moms Next Move violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.  Moms Next Move assumes no responsibility for monitoring the Moms Next Move Services for inappropriate Content or conduct. If at any time Moms Next Move chooses, in its sole discretion, to monitor the Moms Next Move Services, Moms Next Move nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
  6. Content/Activity Prohibited.  The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Moms Next Move Services, Moms Next Move reserves the right to investigate and take appropriate legal action against anyone who, in Moms Next Move's sole discretion, violates this provision, including without limitation, removing the offending communication from the Moms Next Move Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Moms Next Move:

 

1)      is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2)      harasses or advocates harassment of another person;

3)      exploits people in a sexual or violent manner;

4)      contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5)      solicits personal information from anyone under 18;

6)      provides any telephone numbers, street addresses, last names, URLs or email addresses;

7)      promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8)      promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

9)      involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming", or "spamming";

10)  contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11)  furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

12)  solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

13)  involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

14)  includes a photograph of another person that you have posted without that person's consent.

 

The following is a partial list of the kind of activity that is illegal or prohibited on the Moms Next Move Website and through your use of the Moms Next Move Services.  Moms Next Move reserves the right to investigate and take appropriate legal action against anyone who, in Moms Next Move's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.  Prohibited activity includes, but is not limited to:

 

1)      criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

2)      advertising to, or solicitation of, a Member to buy or sell any products or services through the Moms Next Move Services.  You may not transmit any chain letters or junk email to other Members.  It is also a violation of these rules to use any information obtained from the Moms Next Move Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.  In order to protect our Members from such advertising or solicitation, Moms Next Move reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Moms Next Move deems appropriate in its sole discretion.  If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Moms Next Move Service, you acknowledge that you will have caused substantial harm to Moms Next Move, but that the amount of such harms would be extremely difficult to ascertain.  As a reasonable estimation of such harm, you agree to pay Moms Next Move $50 for each such unsolicited email or other unsolicited communication you send through the Moms Next Move Services;

3)      interfering with, disrupting, or creating an undue burden on the Moms Next Move Services or the networks or services connected to the Moms Next Move Services;

4)      attempting to impersonate another Member or person;

5)      using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

6)      selling or otherwise transferring your profile;

7)      using any information obtained from the Moms Next Move Services  in order to harass, abuse, or harm another person; or

8)      accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Moms Next Move Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or

9)      using the Moms Next Move Services in a manner inconsistent with any and all applicable laws and regulations.

 

7.  Copyright Policy.  You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Moms Next Move to terminate the Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Moms Next Move by the copyright owner of the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Moms Next Move Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Moms Next Move Services; (iv) you address, telephone number, and email address; (v) a written 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; (vi) a statement by you, make under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

10.  Member Disputes. You are solely responsible for your interactions with other Moms Next Move Members.  Moms Next Move reserves the right, but has no obligation, to monitor disputes between you and other Members.

 

11.  Privacy.  Use of the Moms Next Move Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

 

12.  Disclaimers. Moms Next Move is not responsible for any incorrect for inaccurate Content posted on the Moms Next Move Website or in connection with the Moms Next Move Services, whether caused by Users of the Moms Next Move Services or by any of the equipment or programming associated with or utilized in the Moms Next Move Services.  Moms Next Move and Comeback Moms LLC is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Moms Next Move.  Inclusion of any linked website on the Moms Next Move Services does not imply approval or endorsement of the linked website by Moms Next Move.  When you access these third-party sites, you do so at your own risk.  Moms Next Move takes no responsibility for the goods or services provided by its advertisers.  Moms Next Move is not responsible for the conduct, whether online or offline, of any User of the Moms Next Move Services.  Moms Next Move assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.  Moms Next Move is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Moms Next Move Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Moms Next Move Services.  Under no circumstances shall Moms Next Move be responsible for any loss or damage, including personal injury or death, resulting from use of the Moms Next Move Services, attendance at a Moms Next Move event, from any Content posted on or through Moms Next Move Services, or from the conduct of any Users of the Moms Next Move Services, whether online or offline.  The Moms Next Move Services are provided "AS-IS" and as available and Moms Next Move expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Moms Next Move cannot guarantee and does not promise any specific results from the use of Moms Next Move Services.

 

13.  Limitation on Liability.  IN NO EVENT SHALL MOMS NEXT MOVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MOMS NEXT MOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOMS NEXT MOVE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BY LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MOMS NEXT MOVE FOR MOMS NEXT MOVE SERVICES DURING THE TERM OF MEMBERSHIP.

 

14.  Disputes.  If there is any dispute about or involving the Moms Next Move Services, you agree that the dispute shall by governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Austin. Either Moms Next Move or you may demand that any dispute between Moms Next Move and you about or involving the Moms Next Move Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Tucson, Arizona, USA, provided that the foregoing shall not prevent Moms Next Move from seeking injunctive relief in a court of competent jurisdiction.

 

15.  Indemnity.  You agree to indemnify and hold Moms Next Move, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Moms Next Move Services in violation of this Agreement and/or arising from a breach of this Agreement and/or breach of your representations and warranties set forth above and/or if any Content that you post on the Moms Next Move Website or through the Moms Next Move Services causes Moms Next Move to be liable to another.

 

16.  Other. This Agreement is accepted upon your use of the Moms Next Move Website or any of the Moms Next Move Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Moms Next Move regarding the use of Moms Next Move Services.  The failure of Moms Next Move to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  The section titles in this Agreement are for convenience only and have no legal or contractual effect. Moms Next Move is a trademark of Comeback Moms, LLC.  This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.