Terms of Use
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), are entered into by and between You and Mothercould LLC (the “Company”).
The Terms of Use govern Your access to and use of www.mothercould.com, including any content, functionality and services offered on or through www.mothercould.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before You start to use the Website because Your use of the Website constitutes Your agreement to follow and be bound by these Terms of Use. If You do not agree to these Terms of Use, including the agreements incorporated by reference herein, You must not access or use the Website.
The Company grants You a personal, limited, nonexclusive, nontransferable license to access the Website and to use the information and services contained here solely for your personal, noncommercial use as described below.
The Website is offered and available to users who are 13 years of age or older. If you are not 13 years of age or older, You must not access or use the Website. By using the Website, You represent and warrant that You are 13 years of age or older.
Changes to the Terms Of Use
The Company may revise and update these Terms of Use from time to time in the Company’s sole discretion. All changes are effective immediately when posted here on the Website, and apply to all access to and use of the Website thereafter. The most current version of these Terms of Use will supersede all previous versions. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. For this reason, the Company encourages You to review these Terms of Use whenever You use the Website because by visiting the Website, You agree to accept any such changes. The Company provides You with access to and use of the Website subject to Your compliance with these Terms of Use.
Materials and Content
No material from the Website or resources available for download from the Website (the “Resources”) may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Website. The Website, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is the Company’s property or that of its suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Website or in these Terms of Use, You may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Website in whole or in part, for any public or commercial purpose without the specific prior written permission of the Company.
The Company puts forth its best efforts to ensure that the information provided on this Website and the Resources is accurate but cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any damage caused as a result of any errors or omissions on this Website or the Resources.
The Company may, from time to time, provide information from a third party in the form of a podcast, sound recording, article, blog post, or any other medium. The Company does not control the information provided by such third-party guest contributors. The Company cannot guarantee the accuracy of any information provided by any third-party guest contributor nor is the Company responsible for investigating the accuracy of any information provided.
By using this Website, You accept personal responsibility for the results of Your actions. You agree to take full responsibility for any harm or damage You suffer as a result of the use, or non-use, of the information available on this Website or the Resources. You agree to use judgment and conduct due diligence before taking any actions or inaction suggested or recommended on this Website or the Resources.
Adult Supervision
The Website and Resources are targeted towards adults and may contain information regarding activities for children (the “Kid Activities”). Adult supervision is required for any Kid Activities. By allowing a child or children to engage in a Kid Activity, You represent and warrant that You will supervise the Kid Activity and use your best judgement to ensure the child or children’s safety. You represent and warrant that throughout any Kid Activities You shall observe the child or children closely and intervene as necessary to prevent potential safety problems and ensure appropriate use of any and all materials by following the directions and/or warnings on the label of any materials used. Please pay close attention to any activity-specific safety tips that may be included on the Website and/or Resources.
For Educational and Informational Purposes Only
The information contained on this Website and the Resources are for educational and informational purposes only and is not intended as, nor shall be understood or construed as legal, financial, tax, medical, health, or any other professional advice. As such, the Company does not make any guarantees as to the result of taking any particular action based on the information provided by the Website and/or Resources.
Proprietary Rights
As between You and the Company (or any other company whose marks appear on the Website), The Company (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Website and/or the Resources, and is the copyright owner or licensee of the Materials and Content on the Website and the Resources, unless otherwise indicated. The Company’s logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Mothercould Intellectual Property”) are owned by the Company and may be registered in the United States and internationally. You agree not to display or use the Mothercould Intellectual Property in any manner without the Company’s prior permission. Nothing on the Website should be construed to grant any license or right to use any Mothercould Intellectual Property without the prior written consent of the Company. Except as otherwise provided herein, use of the Website does not grant You a license to any Materials and Content or features You may access on the Website and You may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by the Company. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by the Company. If You make use of the Website, other than as provided herein, in doing so You may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and You may be subject to liability for such unauthorized use. The information on the Website, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
Prohibited Use
The Website may be used only for lawful purposes and is available only for your personal, noncommercial use. As a condition of Your use of the Website, You warrant to the Company that You will not use the Website or any of the Resources for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website or any of the Resources in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Website. The Company specifically prohibits any users from posting any information which is incomplete, false, inaccurate or would violate intellectual property rights.
The Materials and Content is not for resale. Your use of the Website or any of the Resources does not entitle You to make any unauthorized use of any Materials and Content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. The Company does not grant You any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms of Use.
Security Rules
Violations of system or network security may result in civil or criminal liability. The Company investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:
Accessing data not intended for You or logging on to a Company server or account that You are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
Attempting to interfere or interfering with the operation of our Website, our provision of services to any other visitors to our Website and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “email bombing” or “crashing” the Website; and,
Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to the Website.
User Content
The Company does not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that You (i) submit or post on the Website, on any of our blogs, social media accounts or through tools or applications the Company provides for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok, and Pinterest, which are tagged with any other Mothercould promoted hashtag (collectively “User Content”) shall be deemed nonconfidential and nonproprietary.
By submitting or posting any User Content, You grant to the Company and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither You, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms of Use or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. The Company will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information.
The Company shall have no obligation to monitor User Content, use or display User Content, compensate You for submitting User Content or respond to any User Content. The Company retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms of Use, You retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Website, on your social media accounts or through any tools or applications the Company provides for posting or sharing your User Content with us, You represent and warrant that (i) You own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms of Use, and if You are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted You the right to grant the licenses stated above without the need for payment to You or any other person or entity; (ii) You have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to You or any other person or entity; (iii) You are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by the Company, You will furnish any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.
You are solely responsible for the User Content and You hereby agree to indemnify and hold the Company and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
The Company does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by You or anyone else. By submitting or posting the User Content You fully and unconditionally release and forever discharge the Company and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between You and one or more users or any other person or entity, or (ii) the use by the Company or You of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms of Use violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.
You acknowledge and agree that the Company has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by You or any third party of any User Content. The Company acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If the Company becomes aware of any User Content that allegedly may not conform to these Terms of Use, The Company may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms of Use. The Company has no liability or responsibility to users of the Website for performance or nonperformance of such activities.
THE COMPANY HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST THE COMPANY FOR SUCH REMOVAL AND/OR DELETION. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE WEBSITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE WEBSITE OR ANY OTHER SITES OR PLATFORMS.
Access to the Website
The Company, for any reason or for no reason, in its sole discretion and without notice to You, reserves the right to revise the products and services described on the Website and to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, restricting and or terminating users’ and/or registered users’ access to some or all of the Website, and the Company will not be liable to You or to any third party for doing so. The Company may also impose rules for and limits on use of the Website or restrict Your access to part, or all, of the Website without notice or penalty. The Company has the right to change these rules and/or limitations at any time, in its sole discretion.
Account Information and Security
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 and any resources downloaded from the Website that all the 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 on the Website, is governed by the Privacy Policy, and You consent to all actions the Company takes with respect to Your information consistent with the Privacy Policy.
If You choose, or are provided with, a user name, password or any other piece of information as part of the Company’s security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password or other security information. You agree to notify the Company immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Company has the right to disable any user name, password or other identifier, whether chosen by You or provided by the Company, at any time in its sole discretion for any or no reason, including if, You have violated any provision of these Terms of Use.
Email and Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures, and other communications that the Company provides to You electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
If you do not want to receive such email communications, you may opt out or change your preferences by clicking the “unsubscribe” link within each promotional email.
As set forth more fully in the Privacy Policy, the Company will take reasonable steps to ensure that any communications remain confidential, but the Company cannot guarantee the security of such communications and cannot guarantee that the Company would not be required to disclose such communications as a result of a court order.
Links to Third Party Websites and Services
The Website may contain links to other websites (the “Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website. The Company is providing these links to You only as a convenience, and the inclusion of any Linked Website does not imply endorsement by the Company of the Linked Website or any association with its operators.
Certain services made available via the Website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Website, You hereby acknowledge and consent that the Company may share user information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR VISIT TO THE WEBSITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH THE COMPANY (INCLUDING CLAIMS RELATING TO THE COMPANY’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY THE COMPANY, OR THE COMPANY’S COLLECTION OR USE OF YOUR INFORMATION) (“DISPUTE”) SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.
ANY PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY PROVIDING TO THE OTHER PARTY A WRITTEN NOTICE (“NOTICE”) DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT, AND INCLUDING ANY SUPPORTING DOCUMENTATION. THE NOTICE MUST BE SENT TO COLLABORATE@MOTHERCOULD.COM , OR TO YOU AT YOUR LAST-USED BILLING ADDRESS OR THE BILLING AND/OR SHIPPING ADDRESS IN YOUR ONLINE PROFILE. IF WE ARE UNABLE TO REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED, EITHER PARTY MAY COMMENCE ARBITRATION.
ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (’AAA’), ADR.ORG, 1.800.778.7879, AND PURSUANT TO THE THEN APPLICABLE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, IN PERSON IN THE COUNTY WHERE YOU LIVE, OR AT ANOTHER MUTUALLY AGREED LOCATION. UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS, WITHOUT MERIT OR OTHERWISE NON-REMIMBURSEABLE, DEPOSIT WILL REIMBURSE YOUR REASONABLE ATTORNEY’S FEES AND COSTS FOR CLAIMS TOTALING LESS THAN $10,000 AND AGREES NOT TO SEEK ATTORNEYS’ FEES OR COSTS FROM YOU. (IN DETERMINING WHETHER AN ACTION IS FRIVOLOUS, THE ARBITRATOR MAY CONSIDER WHETHER DEPOSIT HAS OFFERED YOU A FULL REFUND OF THE SUM YOU PAID FOR ITEMS YOU PURCHASED FROM DEPOSIT, OR HAS OTHERWISE OFFERED FULL RELIEF TO YOU IN RELATION TO YOUR INDIVIDUAL CLAIM.) IN LIEU OF ARBITRATION, EITHER YOU OR DEPOSIT MAY ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT CONSISTENT WITH THE JURISDICTIONAL AND DOLLAR LIMITS THAT MAY APPLY. THIS SECTION WILL SURVIVE AFTER THE TERMS OF USE TERMINATE OR YOUR USE OF THE WEBSITE ENDS.
IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY OF THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS (AS DEFINED BELOW), THE COMPANY MAY BRING SUIT IN ANY STATE OR FEDERAL COURT IN THE STATE OF FLORIDA. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
Arbitration Governing Law
By visiting this Website, You agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without giving effect to any conflict of law provisions, shall govern any proceeding that occurs in arbitration. In the event any claim is found not to be arbitrable, normal choice-of-law rules shall apply to any proceeding brought in state or federal court.
CLASS ACTION WAIVER
You and the Company agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the Dispute shall be resolved in state or federal court rather than in arbitration. You further agree that You will not be a member of any putative or actual class in a class action brought by anyone else, nor will You seek to become a class representative. You further agree that in any action You initiate, any relief You seek will be confined to relief on Your own behalf. This section will survive after the Terms of Use terminate or Your use of the Website ends.
International Users
The Website is controlled, operated and administered by the Company from its offices within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations If you access the Website from a location outside the United States, You agree to comply with all applicable local laws, rules and regulations in connection with your use of the Site..
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of or inability to use the Website or services, any user postings made by You, Your violation of any terms of this Terms of Use or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Company in asserting any available defenses.
Governing Law and Disputes
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms of Use or Your visit to the Website shall be submitted to confidential arbitration in Miami, Florida. However, if you have in any manner violated or threatened to violate any Mothercould Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of Florida. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
The Company’s Privacy Policy
Your use of the Website is also subject to the Company’s Privacy Policy (the “Privacy Policy”). Please review the Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
General Information
These Terms of Use, along with the Privacy Policy, constitute the entire agreement between You and the Company and govern Your use of the Website, and they supersede any prior agreements between You and the Company. You also may be subject to additional terms and conditions that are applicable to certain parts of the Website. The Company may deny You access to the Website at any time, immediately and without notice, if in the Company’s sole discretion You fail to comply with any provision of these Terms of Use.
You agree that no joint venture, partnership, employment or agency relationship exists between You and the Company as a result of this agreement or your use of the Website.
Any claim or cause of action You may have with respect to the Company or the Website must be commenced within one (1) year after the claim or cause of action arose.
The failure of the Company to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in this Terms of Use shall not affect the enforceability of those portions of the Terms of Use deemed enforceable by applicable courts of law.
You may not assign the Terms of Use or any of your rights or obligations under the Terms of Use without the Company’s express written consent. The Terms of Use inure to the benefit of the Company’s successors, assigns, affiliates and licensees. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect.
To contact the Company with any questions or concerns in connection with this Terms of Use or the Website, or to provide any notice under these terms to us, please contact us.
Last Updated September 2, 2021