The Mom Project Terms of Service
Welcome to The Mom Project!
These Terms of Service are entered into by and between You and The Mom Project, Inc. The following terms and conditions govern your access to and use of the Site, including any content, functionality and services offered on or through the Site, and use of the Platform, whether as a guest or a registered user.
CHANGES AND UPDATES TO THE TERMS
We reserve the right to revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site and Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site and Platform.
Your continued use of the Site and Platform following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
The Site and the Services are available only to Users (as defined below) who can form legally binding contracts under applicable law. By using the Site or the Services, User represents and warrants that User is at least eighteen (18) years of age. If User is visiting the Site from a country other than the United States, where The Mom Project’s servers are located, User’s communications with us may result in the transfer of information (including User’s registration or Personal information, as described below) across international boundaries. By visiting the Site and communicating electronically with us, User consents to such transfers.
The Mom Project Platform
Our mission is to match highly skilled professional individuals with businesses in a structure that is attractive and rewarding for both parties. In that regard, our Platform is a web-based marketplace where companies (each, “Company” or “Companies”) seeking business related services (“Services”) connect with independent professional and consultant individuals (each, “Talent”) for placement services including project based staffing, interim and permanent staffing, and strategic advisory services. Companies or Talent may be referred to in these Terms of Service as “User” or “Users.”
Accessing the Site and Platform and Account Security
We reserve the right to withdraw or amend this Site and Platform, and any service or material we provide on the Site and Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site and Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site and Platform, or the entire Site and Platform, to Users, including registered Users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Site and Platform.
- Ensuring that all persons who access the Site and Platform through your internet connection are aware of these Terms of Service and comply with them.
We may use third parties to perform services in connection with our internal operations and the operation of the Site and Platform. By using our Sites, you acknowledge and agree to The Mom Project’s use of such third-party service providers.
If you choose, or are provided with, login credentials, a user name, password or any other piece of information as part of our authentication 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 Site and Platform or portions of it using your login credentials, user name, password or other authentication information. You agree to notify us immediately of any unauthorized access to or use of your login credentials, 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 Site and/or Platform (i) may on occasion be unavailable due to updates, maintenance or malfunction of computer equipment or for other reasons, or (ii) may from time to time, at The Mom Project’s sole discretion, be amended, modified, revised, altered, or taken down, including the Services available through the Platform, in each case without notice to You.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
SERVICES AND DUTIES
The Mom Project will perform for Company the Services specified in, and in accordance with, the terms of any agreed upon orders, purchase orders, statements of work, or any other forms of agreement signed by both Parties, subject to these Terms (each, an "Order Form"). If there is a conflict or ambiguity between any of the terms of these Terms and an Order Form, the terms of the Order Form will prevail for that Order Form only.
The Mom Project Duties & Responsibilities
Direct Hires. If Customer elects to utilize the Services to fill Company employee vacancies as direct employees of Company (“Direct Hire”), The Mom Project will:
- Help vet Talent for appropriate track record and experience
- Comply with applicable federal, state and local laws and regulations applicable to its performance of the Services as set forth in these Terms and the applicable Order Form
- Subject to the payment terms set forth in these Terms or the applicable Order Form, collect payment from Customer
Temporary Assignments. If Customer elects to utilize the Services for the procurement of Talent to perform services at Customer-specified sites or remotely, and desires for the selected Talent to be engaged on a temporary W-2 basis, The Mom Project will:
- Help vet Talent for appropriate track record and experience;
- Procure standard criminal background checks on Talent selected by Company, including verification of highest education obtained and recent employment history, performed by The Mom Project, a third-party vendor of The Mom Project’s, or The Mom Project’s third-party employer of record;
- Subject to the payment terms set forth in these Terms or the applicable Order Form, collect payment from Customer;
- Ensure timely payment to Talent for approved hours worked by Talent through The Mom Project or The Mom Project’s third-party employer of record;
- Comply with applicable federal, state and local laws and regulations applicable to its performance of the Services as set forth in these Terms and the applicable Order Form;
- Assist Company and Talent with resolving disputes that may arise from time to time; and
- Unless otherwise agreed to in writing by the Parties, the duties and responsibilities listed in this Section above describe The Mom Project’s complete scope of Services under these Terms.
Independent Contractors. If Customer elects to utilize the Services for the procurement of Talent to perform services at Customer-specified sites or remotely, and decides the selected Talent to be engaged as an independent contractor, The Mom Project will:
- Help vet Talent for appropriate track record and experience;
- Act as a third-party processor and file 1099K forms to the IRS for Talent based in the United States;
- Subject to the payment terms set forth in these Terms or the applicable Order Form, collect payment from Customer;
- Ensure timely payment to Talent for approved hours worked by Talent through The Mom Project or The Mom Project’s third-party vendor;
- Comply with applicable federal, state and local laws and regulations applicable to its performance of the Services as set forth in these Terms and the applicable Order Form;
- Assist Company and Talent with resolving disputes that may arise from time to time; and
- Unless otherwise agreed to in writing by the Parties, the duties and responsibilities listed in this Section above describe The Mom Project’s complete scope of Services under these Terms.
Company’s Duties & Responsibilities
During the Term, Company will:
- Be responsible for determining the scope of services and the type of Talent engagement, meaning Direct Hire, Temporary Assignment, or Independent Contractor as described above;
- Be solely responsible for the final selection of Talent for performance of services;
- Except for Temporary Assignments and if so desired by Company, procure background checks on Talent selected by Company;
- Provide Talent with copies of Company’s policies, standards and practices to Talent prior to commencement of services;
- To the extent that Talent may require access to Company's premises, Company’s facilities and/or Company’s systems, provide Talent with copies of Company's security procedures and rules with respect to access to Company's premises, and use of Company's facilities and/or Company’s systems; and
- Properly supervise Talent performing work and be responsible for Company’s business operations, products, services, and intellectual property;
- Properly supervise, control, and safeguard its premises, processes, or systems, and not permit Talent to operate any vehicle or mobile equipment, or entrust them with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables without The Mom Project’s express prior written approval or as strictly required by the scope of work or job description provided to The Mom Project;
- Ensure that Talent only perform work as described within the scope of work or job description provided to The Mom Project. In the event Company seeks to change or modify a scope of work or the job description of any Talent on assignment, Company shall provide The Mom Project with at least five (5) days advance written notice.
- If Company decides to engage Talent as an Independent Contractor, upon completing the selection process, execute The Mom Project’s form Independent Contractor Agreement (or as otherwise agreed by the Parties) engaging Talent as an independent contractor for services;
- Make timely payments to The Mom Project for all services performed by Talent, and for Services performed by The Mom Project, subject to these Terms and any applicable Order Form.
Invoicing, Payment Terms, Fees, and Guarantees.
- The Mom Project is committed to providing our Talent timely and prompt payment for hours worked. The Mom Project will provide a regular cadence on all bills and invoices related to Talent that are performing services for Company, as described within the Order Form.
Unless otherwise agreed upon within an Order Form, The Mom Project will collect from Customer;
- A 20% mark-up on top of hourly fees paid to Independent Contractors.
- A 40% all-inclusive mark-up on top of the hourly pay rate paid to Temporary Assignments. This all-inclusive mark-up consists of The Mom Project’s 20% mark-up for Services and a 20% mark-up for passthrough for required payroll, taxes, benefits, and other employed fees.
- A placement fee in the amount of 20% of the Talent’s total annualized compensation, including estimated commissions and bonuses, and any signing bonus for any Direct Hire placements or conversions of either Temporary Assignments or Independent Contractors to permanent positions at Company.
- The Mom Project may modify the price, content, or nature of the Services at any time.
- Company will pay amounts payable to The Mom Project upon seven (7) days of date of invoice submitted by The Mom Project.
- Invoices will be supported by time sheets or other agreed system for documenting time worked by Talent. Company’s signature, email confirmation or other agreed method of approval of the work time submitted for Talent certifies that the documented hours are correct and authorizes The Mom Project to bill Company for those hours. If a portion of any invoice is disputed, Company will pay the undisputed portion until the disputed portions are resolved at which time, Company will pay those portions.
Replacement guarantee on Direct Hires. In the event the direct employment of a Talent hired via The Mom Project at the Company lasts less than 60 calendar days, and provided that all fees and expenses relating to such have been paid, The Mom Project will endeavor to replace the hire for the same position at no additional charge to Company.
- This replacement guarantee is contingent upon The Mom Project receiving the full Direct Hire fee (“Placement Fee”) within seven (7) days of the invoice due date. The invoice date represents the placement date of the Talent. In the event the Placement Fee has not been paid within terms, The Mom Project is under no obligation to re-work or refund the work performed.
No refund will be made if:
- Company hires a replacement from any source;
- Company is no longer actively seeking to fill the position;
- Talent is laid off for lack of work, or;
- Talent resigns because the Company has significantly modified the Talent's job duties or assigned Talent to another position within the Company.
- Term & Termination. Either The Mom Project or Company may terminate an Order Form by giving fourteen (14) days written or with cause upon twenty-four (24) hours notice. As used herein, “cause” shall mean non-performance as defined by the Company or a breach of any material term of these Terms, the violation of any laws, and/or the negligent or intentional misconduct of either party. Upon termination, Company will be responsible for payment for all Services rendered and including a pro-rated portion for services in progress prior to the date of termination.
- Company has an obligation to notify and provide written notice to The Mom Project immediately after a billing dispute arises. If you do not bring a dispute to our attention immediately, you waive the right to such dispute.
Payment Methods. By accessing or using the Platform, Company authorizes The Mom Project to collect, utilize and retain bank account or credit card payment information provided by Company in the Platform as Company’s method for payment for the Services. To the extent The Mom Project accepts other forms of payment through the Platform, Company authorizes The Mom Project to collect, utilize and retain such information.
- If your payment method is rejected, The Mom Project will consider this a Failure to Pay as subject to the terms below.
Failure to Pay. Failure to pay approved invoices accurately or in accordance with contractual payment terms and without prior written notice to The Mom Project, authorizes The Mom Project in its sole discretion to take one or more of the following actions (i) modify, restrict, and amend contractual payment terms and or billing frequency (ii) the termination of Services for all active Talent engagements with Company (iii) the termination of this and all other agreements entered into by Company and The Mom Project.
- Upon a failure to pay, we may require you to present a second valid form of payment in order to continue services;
- Upon a failure to pay, we may require you to make payment in full for all services and fees rendered due upon demand.
We reserve the right to take all steps necessary to collect payment, including, but not limited to taking legal action or using a third-party collection agency.
- You will be responsible for any fees associated with recovering payment in full, including bank fees or fees from a third-party collection agency.
Past due Accounts
- If any account becomes past due by 30 days or more, you are solely responsible for any and all interest and fees associated with your past due account.
- If your account becomes 90 days past due, this is considered delinquent, and we will take legal action in accordance with these Terms.
Payments made or actions taken outside of the Platform with regard to the Services (including without limitation, submitting or soliciting or accepting proposals to parties identified through the Platform or invoicing or reporting to The Mom Project invoice or payment amounts lower than agreed to in the Platform), shall be a violation of these Terms of Service and shall be immediately subject to a 30% fee payable to The Mom Project as if the payments had been routed through the Platform. This fee will be calculated by adding the project cost to any fees incurred by The Mom Project. You hereby agree to notify The Mom Project immediately at email@example.com if a party contacts you to make payments or take other actions outside of the Platform as set forth in this subsection.
The Mom Project’s role is to connect Companies and Talent based on a Company’s scope of work and Talent’s background and experience. For tax purposes, The Mom Project is a third-party processor only. The Mom Project, or its third-party vendor, will file 1099K forms to the IRS for Independent Contractor Talent based in the United States who receives payment through the Platform. Other than its obligation to file 1099K forms, The Mom Project has no responsibility for other tax related matters including, without limitation, determining the tax status of the relationship between a Company and Talent or a party’s tax filing obligations.
Independent Contractor Relationship
- When it is the intent of the Parties, the Talent will be classified as an Independent Contractor of the Company. The Company shall not control the manner or means by which Talent performs the Contract Services. Talent will determine the method, details, and means of performing the Services. Except as specifically set forth herein, Company will not have any right or authority to direct or limit Talent's activities with respect to Talent’s hours, services, time off, training, vacation or activities of Talent on behalf of other persons. Company will not offer Talent to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by Company to its employees, and will not make any offer or promise relating to Talent’ compensation or benefits.
- Company is solely responsible for determining whether a relationship between Company and Talent qualifies as an independent contractor relationship and whether a Talent qualifies as an independent contractor. The Mom Project shall not be responsible or liable to Company, Talent or any third party for the determination of independent contractor status.
- Company will indemnify and hold harmless The Mom Project for any potential Independent Contractor misclassifications and any legal actions or fees that may arise from such misclassification.
- Nothing in these Terms shall be construed to create any association, partnership, joint venture, employee or agency relationship between the Company and The Mom Project or Talent and The Mom Project. The Mom Project does not in any way, directly or indirectly, control, supervise or control Talent’s work, Talent’s work hours or locations.
- The Mom Project is not responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining worker’s compensation insurance on Talent’s behalf.
Temporary Assignment Relationship
When it is the intent of the Parties that Talent is classified as a temporary W-2 hire, The Company shall control the manner or means by which Talent performs the Services. Company will have the right or authority to direct or limit Talent's activities with respect to Talent’s hours, services, time off, training, vacation or activities of Talent on behalf of other persons.
Nothing in these Terms shall be construed to create any association, partnership, joint venture, employee or agency relationship between the Company and The Mom Project or Talent and The Mom Project. The Mom Project does not in any way, directly or indirectly, control, supervise or control Talent’s work, Talent’s work hours or locations.
During the Term, the Parties may have access to information that is treated as confidential and proprietary by the disclosing Party including without limitation trade secrets, technology, and information pertaining to business operations and strategies, customers, pricing, marketing, finances, sourcing, and personnel, in each case whether spoken, written, printed, electronic, or in any other form or medium (collectively, “Confidential Information”). The Parties agree: (i) to protect the Confidential Information in the same manner that it protects the confidentiality of its own proprietary and Confidential Information; (ii) not to disclose Confidential Information or permit it to be disclosed, in whole or part, to any third party without prior written consent of the disclosing Party in each instance, or (iii) to use any Confidential Information for any purpose except for performing each Party’s obligations under these Terms or as required by law
- No knowledge, possession, or use of Company’s Confidential Information will be imputed to The Mom Project as a result of Talent’s access to such information.
- Except to the extent that Talent is given access by Company to Confidential Information as part of Talent’s performance of the Contract Services, The Mom Project shall not provide access to Company’s Confidential Information to Talent.
- Confidential Information may not be copied or reproduced without the disclosing Party’s prior written consent, except in connection with the performance of the Services
- All Confidential Information made available hereunder, including copies thereof, shall be returned to the disclosing Party or destroyed upon the latter to occur or (i) the need for access has been fulfilled, or (ii) completion of the Services or termination of the Agreement.
- Confidential Information shall not include information that: (i) is or becomes generally available to the public other than through a Party’s breach of these Terms; (ii) is communicated to a Party by a third party that had no confidentiality obligations with respect to such information; or (iii) was known to a Party prior to disclosure under these Terms, or (iv) is developed by a Party without use of Confidential Information.
- Nothing herein shall be construed to prevent disclosure of Confidential Information as may be required by applicable law or regulation, or pursuant to the valid order of a court of competent jurisdiction or an authorized government agency, provided that the disclosure does not exceed the extent of disclosure required by such law, regulation, or order. A Party agrees to provide written notice of any such order to an authorized officer of the Company within 48 hours of receiving such order, but in any event sufficiently in advance of making any disclosure to permit the other Party to contest the order or seek confidentiality protections, as determined in that Party’s sole discretion.
In consideration of the services provided to you by The Mom Project as Company or Talent, you agree, for a twenty-four (24) months period following the date you were introduced to the other party or identified as a potential match by The Mom Project, or through the Site or Platform (“Exclusivity Period”), to make exclusive use of the Site and Platform to retain services from or make payments to the Talent. During the Exclusivity Period, you will not request work or make payments, directly or indirectly, in any manner or method that circumvents the use of The Mom Project, the Site or the Platform. Any change to this exclusivity requirement or one-time exception must be agreed to in advance by The Mom Project.
The Mom Project community functions best when its Users follow rules and guidelines. By accessing and/or using the Site or any Services, User agrees to comply with these community guidelines (the “Community Guidelines”) and that: User’s use of the Site and the Services including any content User submits, will comply with these Terms and all applicable local, state, national and international laws, rules and regulations; User will not impersonate another User or entity or falsely state or otherwise misrepresent User’s affiliation with a person or entity, nor will User collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent; User will not use this Site or the Services in a manner (as determined by The Mom Project in its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User, or that is otherwise objectionable. User will not use this Site or the Services to send spam or other unsolicited bulk messages, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site or the Services; User will not copy or distribute in any medium any part of the Site or the Services, except where expressly authorized by The Mom Project; User will not access The Mom Project Content or User Content (as those terms are defined below) through any technology or means other than through this Site itself, or as The Mom Project may designate; User will not use this Site or the Services, including any of The Mom Project related technologies, for any commercial use without The Mom Project’s express prior written consent; and User will not take any action that imposes or may impose (in The Mom Project’s sole discretion) an unreasonable or disproportionately large load on The Mom Project’s technical infrastructure.
The Mom Project reserves the right to modify, change, or discontinue any aspect of this Site or the Services at any time.
USER GENERATED CONTENT
User understands that all information, including User’s name and email address; data, including User’s IP address and other personally and non-personally identifiable information we collect about User through the Site and Services, including information we collect from User’s social media profiles if User accesses, by connecting a social media channel to the User’s account, the Site or Services through The Mom Project’s social media channels; or other content of any kind, uploaded, posted, made available, shared or transmitted by User or another user to or through the Site or Services (each and all of the foregoing, “User Content”) is the sole responsibility of the person from whom such User Content originated. We do not control such User Content and do not make any guarantee whatsoever related to such User Content.
While we have no obligation to review, monitor, display or accept User Content, we may, in The Mom Project’s sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time, for any reason, without notice or liability to User or any other party.
By submitting or posting User’s User Content to or on the Site or Services, User grants The Mom Project, and The Mom Project’s affiliates, agents, third party partners, and assigns a non-exclusive, irrevocable, sublicensable and royalty-free license in perpetuity throughout the universe to host, display, transmit, distribute, reproduce, modify, edit, translate, create derivative works from, store, archive, cache, sublicense and otherwise use User Content in any and all manner and media, whether now known or hereafter devised, and User releases all moral rights and similar rights in and to User’s User Content. User further perpetually and irrevocably grants The Mom Project the unconditional right to use User’s name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to User or anyone else.
SERVICE MODIFICATION OR TERMINATION
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. We will not be liable to User or to any third party for any such modification, suspension or discontinuance of the Site or Services. We may at The Mom Project’s sole discretion, under any circumstances, for any or no reason whatsoever and without prior notice to User, immediately terminate User’s access to the Service. We will not be liable or responsible to User or any third party for such termination.
- Content. Unless otherwise noted, all of the content on the Site and Services including without limitation the text, software, scripts, source code, API, graphics, images, videos, sound, data, links and supporting systems and software, whether created, submitted or uploaded by The Mom Project, you or third parties for display on the Site or Services, or in connection with User’s use of the Platform, is owned by or licensed to The Mom Project. All such Content shall be protected by U.S. copyright and international treaties and is referred to as “The Mom Project Content”. The Mom Project Content is provided to User “as is”, “as available” and “with all faults” for User’s information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of The Mom Project. Except as expressly provided herein, The Mom Project does not grant any express or implied right to User or any other person or entity under any intellectual or proprietary rights. Accordingly, User’s unauthorized use of the Site or the Platform may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that The Mom Project does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of The Mom Project's trademarks. This Site is Copyright © 2020 The Mom Project, Inc. and/or its licensors. All rights reserved. The Mom Project also owns a copyright in the contents of the Site and the Platform as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, directories, databases, information, or materials available through the Site and Platform and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by The Mom Project. The Mom Project, the The Mom Project logo, and all other names, logos, and icons identifying The Mom Project and its Services are proprietary trademarks of The Mom Project, and any use of such marks, including, without limitation, as domain names, without the express written permission of The Mom Project is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners. All goodwill generated from the use of The Mom Project Trademarks inures to The Mom Project’s benefit. The Site and the Services have been specially designed to present The Mom Project Content in a unique format and appearance. Neither User nor any third party shall make use of The Mom Project Content in any manner that constitutes an infringement of The Mom Project’s rights, including copyright, or that has not been authorized by us.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site and Platform are the trademarks of their respective owners.
Code of Conduct for Use
By downloading, accessing, or using the Site or the Platform to view The Mom Project’s information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when you provide information via Site registration, profile or account creation or other submission form. If you provide any false, inaccurate, untrue, or incomplete information, The Mom Project reserves the right to terminate immediately your access to and use of the Site or the Platform. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site or the Platform. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by these Terms of Service any Personal Information or confidential information, which you receive or which is made available to you in connection with the Site or the Platform. These Terms of Service are also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Site and/or Platform (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site or the Platform is solely at your own risk. You agree to assume all responsibility concerning activities related to your use of the Site, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for your use of the Site or the Platform, and maintaining and backing up any data. While The Mom Project makes commercially reasonable efforts to create a secure and reliable Site and Platform, you should understand that the confidentiality of any communication or material transmitted to/from the Site and/or the Platform over the Internet or other form of global communication network cannot be guaranteed. Security breaches, hacking being one example, may occur. You acknowledge that The Mom Project is not liable for any matter or claim that may arise from such a breach impacting the Site or the Platform.
These Terms of Service permit you to use the Site and Platform for your personal, non-commercial use only. Content may be viewed, downloaded, printed or copied for personal use or internal business use only and may not be used for any other purposes without consent of The Mom Project. You must not reproduce (including copying or adapting HTML code), distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site and Platform, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site and Platform or any services or materials available through the Site and Platform.
If you wish to make any use of material on the Site and Platform other than that set out in this section, please address your request to: firstname.lastname@example.org.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site and Platform in breach of the Terms of Service, your right to use the Site and Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site and Platform or any content on the Site and Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site and Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
The Mom Project is dedicated to providing a positive, harassment-free experience for everyone, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, race, age, citizenship, or religion. We do not tolerate harassment in any form. The following applies to general use of the Site and Platform, in-person events and virtual events hosted by The Mom Project and its affiliates. Users and participants include event attendees, speakers, sponsors, exhibitors, volunteers and staff.
Harassment includes offensive verbal and written comments, deliberate intimidation, stalking, in-person and social media following, unwanted photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome attention. Users and participants asked to stop any harassing behavior are expected to comply immediately. If a participant engages in harassing behavior, The Mom Project and event organizers retain the right to take any actions to maintain a welcoming environment for all participants. Event organizers may take action to redress anything designed to, or with the clear impact of, disrupting the event or making the environment hostile for any participants. We expect participants to follow these rules while using themomproject.com and at all events and event-related activities.
If you are being harassed, notice that someone else is being harassed, or have any other concerns, please report it immediately.
The Mom Project welcomes your input about The Mom Project's Services, the Site or the Platform. If you provide any feedback, suggestions or comments or other information to The Mom Project regarding the Site, the Platform or the Services (collectively, "Feedback"), The Mom Project may use such Feedback for any purpose. To allow us to incorporate such Feedback into our Site, Platform or Services, any Feedback will be deemed to include a royalty-free, perpetual, irrevocable, transferable, nonexclusive right and license for The Mom Project to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. By transmitting such Feedback, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to The Mom Project and enable The Mom Project to use such Feedback.
RESTRICTIONS FOR USE
BY USING THE SITE AND THE PLATFORM, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort in connection with The Mom Project, the Services or your use of the Site or the Platform. The Mom Project reserves the right to perform investigations and take appropriate legal action against anyone who violates this provision in The Mom Project’s sole discretion. Listed below are examples of the types of uses or actions that are illegal or prohibited by The Mom Project. This list is non-exclusive. You agree that you will comply with these Terms of Service and will not:
- represent that you are a member or agent of The Mom Project;
- use the Site or Platform for any purposes except for its intended purposes;
- interfere with a business relationship formed through the Site or Platform including without limitation manipulating pricing for Services offered by The Mom Project, or use the Site or Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- defame, harass, abuse, threaten or defraud Users, or collect, or attempt to collect, Personal Information or confidential information about users or third parties without their consent;
- post, upload, or distribute any defamatory, libelous, or inaccurate, or hateful or racially or ethnically objectionable Content;
- solicit personal information from anyone under the age of 18;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access The Mom Project accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Site or the Platform, or perform any other similar fraudulent activity, use or attempt to use another user's account without authorization from that user;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users;
- harvest or collect the email addresses or other contact information of other Users without their consent;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, the Platform or the Content, features that prevent or restrict use or copying of any Content;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or the Platform or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;
- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms of Service;
- modify, adapt, translate or create derivative works based upon the Site or the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- intentionally interfere with or damage the operation of the Site or the Platform or any user's enjoyment thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- relay email from a third party's mail servers without the permission of that third party;
- use any robot, spider, scraper, crawler or other automated means to access the Site or the Platform for any purpose;
- use any device, software or routine that interferes with the proper working of the Site and Platform;
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- manipulate identifiers in order to disguise the origin of any Content transmitted through the Site or the Platform;
- interfere with or disrupt the Site or the Platform servers or networks connected therewith, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Platform or use the Site or Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or Platform, or that could damage, disable, overburden or impair the functioning of thereof in any manner; or
- attempt to indicate in any manner that you have a relationship with The Mom Project or that the The Mom Project endorsed you or any products or services for any purpose.
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site and Platform, the server on which the Site and Platform is stored, or any server, computer or database connected to the Site and Platform.
- attack the Site and Platform via a denial-of-service attack or a distributed denial-of-service attack.
- otherwise attempt to interfere with the proper working of the Site and Platform.
Links to Other Sites. The Mom Project, in its sole discretion, may provide links to other websites (including links to social media or press sites) for your convenience in locating or accessing related information, products, and services. These websites have not necessarily been reviewed by The Mom Project and are maintained by third parties over which The Mom Project exercises no control. Accordingly, The Mom Project expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party. The Mom Project encourages you to learn about the privacy practices and terms of those other companies.
Digital Millennium Copyright Act. If you believe that anything on the Platform or the Site infringes upon any copyright that you own or control, you may send a notification of such infringement to email@example.com as set forth below. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Knowingly misrepresenting in your notification that the material or activity is infringing, may result in your liability for damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
The Site and Platform may contain blogs, message boards, chat rooms, personal web pages or profiles, forums, JobClubs, bulletin boards, resumes, job posts, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site and Platform. The Company may also host in-person or virtual events with Interactive Services that allow users to post User Contributions.
All User Contributions and attendees must comply with the Code of Conduct set out in these Terms of Service.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site and Platform, or virtual events, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- You will not represent yourself as having authority to act on behalf of The Mom Project.
- All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site and Platform, or attendee of virtual events.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Code of Conduct, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site and Platform or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site and Platform.
- Terminate or suspend your access to all or part of the Site and Platform for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site and Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Site and Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
The information presented on or through the Site and Platform, or during any virtual events, is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site and Platform, or in any virtual events, or by anyone who may be informed of any of its contents.
This Site and Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information About You and Your Visits to the Site and Platform
REVIEW AND ACCESS
Upon User’s request, we will provide User with a summary of the information we collect about User. User will have an opportunity to correct, update, or modify this information.
California Marketing Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information that we share with The Mom Project’s affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If User is a California resident and would like a copy of this notice, please submit a written request to: firstname.lastname@example.org.
Linking to the Site and Platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part
This Site and Platform may provide certain social media features that enable you to:
- Link from your own or certain third-party Site and Platforms to certain content on this Site and Platform.
- Send e-mails or other communications with certain content, or links to certain content, on this Site and Platform.
- Cause limited portions of content on this Site and Platform to be displayed or appear to be displayed on your own or certain third-party Site and Platforms.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any Site and Platform that is not owned by you.
- Cause the Site and Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Site and Platform other than the homepage.
- Otherwise take any action with respect to the materials on this Site and Platform that is inconsistent with any other provision of these Terms of Service.
The Site and Platform from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
We take commercially reasonable steps to protect User’s information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Nevertheless, no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time. The Mom Project cannot insure or warrant the security of any information User transmit to The Mom Project or guarantee that User’s end user data stored on the Services may not be accessed, disclosed, altered, or destroyed by breach of any of The Mom Project’s industry standard physical, technical, or managerial safeguards. In particular, e-mail sent to us may not be secure, and User should therefore take special care in deciding what information User sends to us via e-mail. The Site is hosted on servers in the United States. Accordingly, if User is located outside of the United States, any information User provides to us will be transferred to the United States. By providing us with any information, User consents to its transfer and storage in the United States.
We may use User’s email to deliver The Mom Project’s newsletter, as well as for other promotional purposes. Email messages we send User may contain code that enables The Mom Project’s database to track User’s usage of the emails we send User. Such usage includes whether the email was opened and what links (if any) were clicked. If User sends an email to us, or fills out The Mom Project’s “Feedback” or “Survey” form, we will collect User’s email address and the full content of User’s email, including attached files, and other information User provides.
The owner of the Site and Platform is based in the State of Illinois in the United States. We provide this Site and Platform for use only by persons located in the United States. We make no claims that the Site and Platform or any of its content is accessible or appropriate outside of the United States. Access to the Site and Platform may not be legal by certain persons or in certain countries. If you access the Site and Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
To the extent permitted by applicable law, User agrees to indemnify, defend and hold harmless The Mom Project, its officers, directors, employees, agents, licensors, suppliers, partners and affiliates from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service or any activity related to use of the Service (including negligent or wrongful conduct) by User or any other person accessing the Service via User’s The Mom Project account, email account(s), social media account(s) or ISP address. We reserve the right to take over the exclusive defense of any claim. This section will survive termination of User’s access to the Service.
If User has a dispute with one or more users of the Site or Services, User releases The Mom Project from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. User also waives California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” User also waives any and all benefits and rights that would otherwise accrue to User by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity, nation, or province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542.
LIMITATION OF LIABILITY
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO USER, SOME OR ALL OF THE ABOVE LIMITATIONS ON WARRANTIES MAY NOT APPLY TO USER, AND USER MIGHT HAVE ADDITIONAL RIGHTS. BINDING ARBITRATION Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm, preliminary injunctive relief, an injunction, specific performance or other equitable relief or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, in the County of Cook, in the State of Illinois, and User hereby consents to (and waives all defenses of lack of personal jurisdiction and forum non conveniens with respect to) to waive the right to trial by jury in any such action or proceeding that takes place relating to or arising out of these Terms, all disputes arising out of or related to these Terms, including the scope, the construction or application of these Terms, shall be resolved by binding arbitration governed by the Federal Arbitration Act and in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services (“JAMS”) then in force. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. The arbitration hearings and all meetings pursuant to this section shall be held in Cook County, in the State of Illinois. If the parties cannot agree to an arbitrator, then a neutral arbitrator based in Illinois shall be selected by JAMS to resolve the dispute. The arbitrator shall conduct a hearing within sixty (60) days after their selection. The arbitrator shall determine the decision and/or award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys’ fees or arbitrators’ fees under this section.
These Terms of Service and the relationship between User and The Mom Project will be governed by the laws of the United States of America and the State of Illinois as an agreement wholly performed therein. Any dispute relating in any way to User’s use of the Site or Service will be submitted to confidential arbitration in Cook County, Illinois, except that, to the extent User has in any manner violated or threatened to violate The Mom Project’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or Federal court in Illinois, and User consents to exclusive jurisdiction and venue in such tribunal. Arbitration under these Terms of Service will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court. of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service will be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. Any claim or cause of action arising out of or related to use of the Site or Services or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by User that may arise in connection with these Terms of Service will be compensable by monetary damages and User will in no event be entitled to injunctive or other equitable relief. User also hereby expressly waives any right to resort to any form of class action.
These Terms of Service constitute the entire Agreement between User and The Mom Project and govern User’s use of the Site or Services. These Terms of Service supersede any prior agreements between User and The Mom Project with respect to the Site or Services. User also may be subject to additional terms and conditions that may apply when User uses other services, affiliate services, or third-party services. These Terms of Service are fully assignable by us and will be binding upon and inure to the benefit of The Mom Project’s successors and assigns. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service. The Mom Project’s failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service will remain in full force and effect. The headings in these Terms of Service are for convenience only and have no legal or contractual effect.
HOW TO UNSUBSCRIBE
User can unsubscribe from receiving The Mom Project emails at any time. User can unsubscribe by clicking on the “Unsubscribe” link in the footer of any The Mom Project email and following the instructions.