PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE MOMSTEAM WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE MOMSTEAM WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.
A. MODIFICATIONS TO THIS AGREEMENT
B. YOUR REGISTRATION OBLIGATIONS
You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by MomsTeam. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
To obtain and use some of the Site’s most popular Services, you will be required to register with MomsTeam by completing a registration form and designating a username and password. Registration is free. If you are not registered with us, click here to register and become eligible for all of MomsTeam’s features. When registering with MomsTeam you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username or password. You agree to immediately notify MomsTeam of any unauthorized use of your username or password or any other breach of security, including loss, theft, or unauthorized disclosure of a User’s password. MomsTeam cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. Users must immediately notify MomsTeam of any known or suspected unauthorized use of a User’s account.
C. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By registering with MomsTeam, you understand that we may send you communications or data from MomsTeam regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding MomsTeam’s products and services, via electronic mail. To unsubscribe from any MomsTeam email list, simply click on the "Unsubscribe" link at the bottom of the e-mail and your name will be removed from that mailing list.
D. USER CONDUCT/ACCEPTABLE USE POLICY.
You may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. You may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of MomsTeam or others.
Some of the content on MomsTeam is submitted by Users. We encourage you to take advantage of the many opportunities to interact with other Users by posting blogs and comments on content and participating in online discussions, message boards and Forums.
You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. MomsTeam is not responsible for the accuracy, completeness or usefulness of any content, nor does MomsTeam, except where expressly stated, endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk.
MomsTeam reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit MomsTeam’s response to a future complaint. You acknowledge and agree that MomsTeam shall not assume or have any liability for any action or inaction by MomsTeam with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
Additionally, MomsTeam reserves the right to terminate your access to and use of the Services, if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
- You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes or degrades, the MomsTeam Site, computer systems and network, or the Services.
- You may not attempt to interfere with any other person’s use of the Services.
- You may not misrepresent your identity or impersonate any person, or use the account, username, or password of another User at any time.
- You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
- You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
- You may not attempt to charge others to use the Services either directly or indirectly.
- You may not cover or obscure advertisements on any page of the MomsTeam Site.
- You may not use the Services to participate in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes or chain letters.
- You may not engage in any illegal or unauthorized copying of another person’s copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed, copy-protect devices, (3) pirated music or links to pirated music files, or (4) otherwise violates another person’s proprietary rights.
- You may not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
- You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
- You may not use the Services to exploit people in a sexual or violent manner.
- You may not post any content that is threatening, defamatory, abusive, obscene, pornographic, contains slurs, hate speech or which attacks an individual or group on the basis of race, color, religion, national origin or sexual orientation or gender identity, or any material that would give rise to any civil or criminal liability under applicable law.
- You may not use the Services to solicit personal information from anyone under 18.
- You may not use the Services to solicit passwords or personal identifiable information for commercial or unlawful purposes.
- You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others, such as by posting a User’s e-mail address, telephone number, street address, last name, or any other content or information that identifies a User.
- You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
- You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
- You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
- You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
- You may not use the Services to harvest or otherwise collect information about others.
- You may not use the Services to send any materials that constitute spam. Sending the same message multiple times or to multiple people will be treated as spam.
- You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by MomsTeam in connection with the MomsTeam Site or Services.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of MomsTeam. Should your access to and use of the Services be terminated, you have the right to appeal such termination by writing to firstname.lastname@example.org.
E. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.
The Site and all material published on the Site, including but not limited to design, text, video, music, sounds, messages, comments, ratings, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are owned by MomsTeam and are protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including the United States copyright laws and MomsTeam owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site, which is Copyright © MomsTEAM Institute, Inc. and/or the proprietary property of MomsTEAM Institute, Inc. suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of MomsTEAM Institute and/or it suppliers, affiliates, or licensors. All rights reserved.
MomsTEAM Institute, trademarks, service marks or registered trademarks of MomsTEAM Institute, Inc., and may not be copied, imitated, or used, in whole or in part, without MomsTEAM Institute’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
F. DIGITAL MILLENIUM COPYRIGHT ACT ("DMCA") NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
MomsTeam respects copyright law and expects Users to do the same. It is our policy not to permit materials known to use to infringe another party’s copyright to remain on the Site or the Service.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MomsTeam’s Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon, or if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site; (3) A description of where the material that you claim is infringing is located on the Web site; (4) Your address, telephone number, and e-mail address; (5) A 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; (6) A statement by you, made 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.
All DMCA notices should be sent to MomsTeam's designated Agent as follows:
Attn: MomsTeam.com, Copyright Agent
c/o Lindsey M. Straus, Esq.
114 Harwich Road
Brewster, MA 02631
For more information on our policy relating to claims of copyright infringement, please see our Copyright Complaints and Removal Policy, located at http://www.MomsTeam.com/copyright.
G. THIRD PARTY CONTENT, SITES AND SERVICES.
The Services contain features and functionalities that may link you or provide you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. We are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services.
I. MOMSTEAM MAKES NO WARRANTIES.
MomsTeam intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, MomsTeam may make changes and improvements to the information provided herein at any time.
MOMSTEAM PROVIDES ITS SITE AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOMSTEAM, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, AN "MOMSTEAM PARTY," AND COLLECTIVELY, THE "MOMSTEAM PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE MOMSTEAM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
J. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.
IN NO EVENT WILL ANY MOMSTEAM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH MOMSTEAM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION J IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY MOMSTEAM PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
K. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.
WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE MOMSTEAM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS I AND J, MOMSTEAM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
M. UNITED STATES EXPORT CONTROLS.
Software available in connection with the MomsTeam Services is further subject to United States export controls. No software may be downloaded from the MomsTeam Services or otherwise exported or re-exported in violation of United States export laws. Downloading or using the Software is at your sole risk.
N. TERMINATION OF SERVICE.
We may terminate or suspend your access to the Services at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the Services stops immediately. ONCE THE SERVICES ARE CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON MOMSTEAM’S SYSTEMS MAY NOT BE RETRIEVED LATER. This provision does not apply, however, to data stored by users under the age of 13 in the event that a parent of that child is requesting retrieval and/or deletion of that information.
O. MOMSTEAM EMPLOYEES, PARTNERS AND SUPPORTERS
Our employees are dedicated to building the best youth sports parenting and social networking site for youth sports parents, coaches, officials, administrators, and sporting goods manufacturers and suppliers of other related goods and services, and to providing you with the tools that you need to have a great online experience. In connection with their work, some of our employees are required to use the Site, including creating a User profile. Our advertisers, partners, and sponsors may also use the Site and the Services, including creating a profile, for business and advertising purposes.
P. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
Q. NOTICES TO MOMSTEAM.
You may notify us by e-mail at email@example.com or by postal mail at:
MomsTEAM Institute, Inc. d/b/a MomsTeam, Inc.
60 Thoreau Street, Suite 288
Concord, Massachusetts 01742
R. OTHER TERMS.
The MomsTeam website is owned and operated by MomsTEAM Institute, Inc. which also owns the MomsTeam.com trademark.