Terms of Use

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF WWW.MOMMI.COM AND OUR SERVICES. BY USING OR SIGNING UP FOR THIS WEBSITE, OUR NEWSLETTERS OR ANY OTHER SERVICES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH MOMMILIFE,LLC.

Introduction

Welcome to the www.mommi.com. This Website, and the information, content, products and services it makes available (which, collectively are referred to as the “Website”), is provided to you by MommiLife, LLC., a Utah limited liability company, with its principal offices in Salt Lake City, Utah (“Mommi” or “We”). This Terms of Use (this “Agreement”) set forth the terms and conditions governing your use of this Website.

Modifications to the Terms of Use

Mommi may modify this Agreement from time to time in its sole discretion by updating this posting on this Website and specifying the effective date of the new version of the Agreement. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. You should check to see if a new Agreement has been posted every time you visit this Website.

Contact

If you have any questions or concerns with respect to this Agreement or the Website you may contact a representative of Mommi by email or mail at Customer Service, Mommi, PO Box 175, Salt Lake City, Utah, 84110 USA.

Intended Audience

This Website is operated by Mommi from its offices in the United States. This Website is directed to adults in the United States and is not intended for children under the age of thirteen.

Privacy

We describe our current practices related to personally identifiable information collected through the Site in our Privacy Policy.  We may also update our privacy policies and practices from time to time at our sole discretion.

Your Use of Content and Disclaimer

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on the Website. Some of the Content is provided by Mommi or its suppliers, and other Content is provided by persons who use the Website (“Users”), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Mommi strives to keep the Content that it posts on the Website accurate and up-to-date, Mommi cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Mommi or its suppliers, or by Users of the Website. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Mommi. Mommi does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

Mommi does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Website.

Notwithstanding the foregoing, Mommi will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

THE CONTENT AVAILABLE VIA THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MOMMI NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

User-Submitted Content

Representations Made and Rights Granted

You are responsible for all Content that you submit, post, or otherwise make available to or through the Website. By doing so, you represent and warrant to Mommi that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.

Mommi makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Website and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to Mommi and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:

i.         with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Website (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) worldwide via the Website or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and

 

ii.         with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Website, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.

You agree that you will comply with applicable laws and this Agreement.

Ownership, Intellectual Property, and Trademarks

Ownership

This Website is owned by Mommi. All right to, title to, and interest in the Content available via the Website, the Website’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of Mommi or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

License to Use Content

Mommi grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Website only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Website in any other manner or for any other purpose without the prior written permission of Mommi. All rights not expressly granted in this Agreement are expressly reserved to Mommi.

Trademark Notices

All trademarks, service marks, logos and designs used on this Website, whether registered or unregistered, are owned by Mommi or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Mommi or its affiliates without our prior written consent.

Your Relationship with Other Third Parties and Other Websites

Your dealings with advertisers or other third parties found on or accessible through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Mommi of content, items, or services on those third-party Websites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.

Mommi does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Mommi will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.

Disclaimer of Warranties With Respect to Website

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOMMI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

MOMMI DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. MOMMI MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

Limitations of Liability

MOMMI AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT MOMMI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

ADDITIONALLY, IN NO EVENT WILL MOMMI OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT MOMMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify and hold harmless Mommi, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Website.

Your Account

You are responsible for maintaining the confidentiality of any passwords associated with your Mommi account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach).

Modification or Suspension of the Website

Mommi may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.

Termination

Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Website. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Applicable Law

This Agreement and the resolution of any dispute related to this Agreement or the Website shall be governed by and construed in accordance with the laws of Utah without giving effect to any principles of conflicts of law. Any legal action or proceeding between Mommi and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Salt Lake City, Utah, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.