The Mom Project

Company

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"). If there is a conflict or ambiguity between any of the terms of these Terms and an Order, the terms of the Order will prevail for that Order only, and the remaining terms of these Terms shall remain in effect.

The duties and responsibilities of the parties may vary based on the Services being provided. Below such duties and responsibilities are detailed according to the applicable Services. However, additional or alternative duties and responsibilities as agreed upon by the parties may be listed on an applicable Order. Again, if there is a conflict or ambiguity between any of the terms of these Terms and an Order, the terms of the Order will prevail for that Order only.

Company

In order to generate more targeted interest in open roles on The Mom Project's marketplace, we may, unless otherwise agreed upon on an Order, use Company's name, logo, industry, and general location in any posts.

Company

The Mom Project provides sourcing and recruiting Services for Companies who wish to fill vacancies by directly hiring and employing Talent ("Direct Hire Services"). In providing Direct Hire Services, The Mom Project will:

1. Assist in vetting individual professionals that are part of The Mom Project community ("Talent") for appropriate qualifications and experience, based on the Companies description of the role. For the purposes of our Services, vetting means that The Mom Project will match Talent whose qualifications and experiences, as listed on their respective profile and/or resume, aligns with the qualifications and experiences detailed in the Company’s applicable description of the role . As stated in Section 14 of these Terms, The Mom Project does not make any guarantees related to User Content including but not limited to User generated information about Talent skills and experience;
2. Comply with applicable federal, state and local laws and regulations in the performance of the Direct Hire Services;
3. Subject to the payment terms set forth in these Terms or an applicable Order, collect payment from Customer.

Company

In the course of receiving Direct Hire Services, Company will:

1. Be solely responsible for determining the scope of Services and the type of Talent engagement, meaning Direct Hire, Temporary Assignment, or Independent Contractor;
2. Be solely responsible for verifying any information Company deems necessary for a hiring decision;
3. Be solely responsible for the final selection of Talent to hire;
4. Be solely responsible for procuring background checks on Talent selected for hire by Company, and ensuring such background checks comply with the FCRA and any other applicable laws, be it federal, state or local;
5. Comply with all applicable local, state and federal laws related to the selection and hiring of Talent;
6. Make timely payments to The Mom Project for all services performed by The Mom Project, subject to these Terms and any applicable Order.

Company

In the event the direct employment of a Talent hired by Company via The Mom Project's Direct Hire Services lasts less than 60 calendar days, and provided that all fees and expenses relating to any Services provided by The Mom Project to Company have been paid within the agreed upon timeframe, The Mom Project will provide a list of qualified Talent to replace the hire for the same position at no additional charge to Company. If the Company has any outstanding fees for Services, The Mom Project is under no obligation to provide a list of qualified Talent for a potential replacement. The Mom Project will communicate with the Company within five (5) business days upon notice of a separation of Talent within the 60-day window.

This replacement guarantee is contingent upon The Mom Project receiving the full Direct Hire fee ("Placement Fee") within seven (7) days of the Talent’s first day of work at Company ("Start Date"). In the event the Placement Fee has not been paid within seven (7) days of the Start Date, The Mom Project is under no obligation to re-work or refund the work performed.

Replacement services will not be made if:

1. Company hires a replacement from any source;
2. Company is no longer actively seeking to fill the position;
3. Talent is laid off for lack of work, or;
4. Talent resigns because the Company has significantly modified the Talent's job duties or assigned Talent to another position within the Company.

Unless otherwise agreed by the Parties on an Order, no refund shall be provided for Direct Hire Services.

Company

The Mom Project provides sourcing, recruiting and employer of record services for Companies who want to engage Talent to perform work for them at Company-specified locations (or remotely) on a temporary employment basis through an employer of record ( collectively "Temporary Assignment Services"). With Temporary Assignment Services, Companies do not employ Talent directly with their Company. In providing Temporary Assignment Services, The Mom Project will:

1. Assist in vetting Talent for appropriate qualifications and experience, based on the Companies description of the role. For the purposes of our Services, vetting means that The Mom Project will match Talent whose qualifications and experiences, as listed on their respective profile and/or resume, aligns with the qualifications and experiences detailed in the Company’s applicable description of the role . As stated in Section 14 of these Terms, The Mom Project does not make any guarantees related to User Content including but not limited to User generated information about Talent skills and experience;
2. Procure standard criminal background check on Talent selected by Company, including verification of highest education obtained and recent employment history, performed by a third-party vendor of The Mom Project, or The Mom Project's third-party employer of record;
3. Subject to the payment terms set forth in these Terms or the applicable Order, collect payment from Customer;
4. Ensure the proper administration of employment including, but not limited to the timely payment to Talent for approved hours worked by Talent through The Mom Project or The Mom Project's third-party employer of record;
5. Comply with applicable federal, state and local laws and regulations in the performance of Temporary Assignment Services as set forth in these Terms and the applicable Order;
6. Assist Company and Talent with resolving disputes that may arise from time to time; and

Unless otherwise agreed to in writing on a signed Order by the Parties, the duties and responsibilities listed in this Section above describe The Mom Project's complete scope of Temporary Assignment Services under these Terms.

Company

During the term of any temporary assignment agreed to by the parties on an applicable Order, Company will:

1. Be responsible for determining the scope of services and the type of engagement meaning Direct Hire, Temporary Assignment, or Independent Contractor;
2. With the exception of the background check described in section 6.1 above, be solely responsible for verifying any information Company deems necessary for a hiring decision;
3. Be solely responsible for the final selection of Talent for performance of services;
4. Provide Talent with copies of Company's policies, standards and practices to Talent prior to commencement of services;
5. 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;
6. Properly supervise Talent performing work and be responsible for Company's business operations, products, services, and intellectual property;
7. 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;
8. Ensure that Talent only performs 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;
9. Cooperate with the Talent's employer of record in the administration of Talent's employment, including but not limited to notifying the Talent's employer of record of any employee relation issues and providing Talent's employer of record at least three (3) business days advance notice of the end of Talent's assignment with the Company.
10. Make timely payments to The Mom Project for all services performed by Talent, and for Services performed by The Mom Project, including, if applicable, payment for any legally mandated paid time off for the Talent, subject to these Terms and any applicable Order Form. Company understands and agrees that if Company fails to make timely payments, The Mom Project can suspend its Temporary Assignment Services. In the event The Mom Project suspends its Temporary Assignment Services, Company is still responsible for payment for any outstanding fees and/or invoices to The Mom Project. Further, Company understands and agrees that such suspension shall not relieve Company of its obligations detailed in these Terms and specifically the obligations detailed in its Circumvention and Exclusivity Sections;
11. 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.
12. Pay a Conversion fee to The Mom Project if it wishes to convert Talent to a direct employee of its own company. The conversion fee will be detailed in an applicable Order.

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.

Company

The Mom Project provides certain sourcing, recruiting, and payment processing services to Companies who wish to engage Talent as an Independent Contractor ("IC Services"). In providing IC Services, The Mom Project will:

1. Assist in vetting Talent for appropriate qualifications and experience, based on the Companies description of the role. For the purposes of our Services, vetting means that The Mom Project will match Talent whose qualifications and experiences, as listed on their respective profile and/or resume, aligns with the qualifications and experiences detailed in the Company’s applicable description of the role . As stated in Section 14 of these Terms, The Mom Project does not make any guarantees related to User Content including but not limited to User generated information about Talent skills and experience;
2. The Mom Project may also provide access to its Talent on its affiliated sites where Talent maintain pages and profiles for Independent Contractor projects.
3. Facilitate third-party payment processing via one of its vendors and file Forms 1099K to the IRS for Talent based in the United States;
4. Ensure its vendor processes timely payment to Talent for approved hours worked and or work performed by Talent for the applicable IC project;
5. Subject to the payment terms set forth in these Terms or the applicable Order, collect payment from Company;
6. 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; and
7. Assist Company and Talent with resolving disputes that may arise from time to time.

In providing Independent Contractor Services, The Mom Project will not:

1. Provide any assistance in the classification of Talent as an employee or an independent contractor;
2. Be a party to the contract between the Talent and the Company;
3. Assist in the negotiation of any terms of the agreement between the Company and Talent; or
4. Provide any type of benefits to Talent that are typically associated with an employment engagement.

Unless otherwise agreed to in writing on a signed Order by the parties, the duties and responsibilities listed in this Section above describe The Mom Project's complete scope of Independent Contractor Services provided to Company under these Terms.

Talent

In providing IC Services, The Mom Project will:

1. Ensure its vendor processes timely payment to Talent for approved hours worked and or work performed by Talent for the applicable IC project
2. Ensure its vendor files Form 1099K as required by law
3. Assist Talent and Company with resolving disputes that may arise from time to time.

Unless otherwise agreed to in a writing on a signed by the parties, the duties and responsibilities listed in this Section above describe The Mom Project's complete scope of Independent Contractor Services provided to Talent under these Terms

Company

If a Company wishes to engage Talent as an Independent Contractor and utilize our IC Services, Company shall:

1. Be responsible for determining the scope of Services;
2. Be solely responsible for the final selection of Talent with whom Company contracts;
3. Be solely responsible for negotiating the terms of the contract with the Talent;
4. Be solely responsible for and assume all liability for determining whether Talent should be engaged as an independent contractor or an employee and engaging them accordingly. Company warrants its decisions regarding classification are correct and its manner of engaging Talent complies with applicable laws, regulations, and rules. The Mom Project shall not be responsible or liable to Company, Talent or any third party for the determination of independent contractor status;
5. Be solely responsible for procuring background checks on Talent selected for hire by Company, and ensuring such background checks comply with the FCRA and any other applicable laws, be it federal, state or local;
6. 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;
7. Properly oversee Talent's delivery of services and be responsible for Company's business operations, products, services, security and intellectual property;
8. 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;
9. Ensure all responsibilities of the Company detailed in the contract between Company and Talent are fulfilled ;Ensure all terms of the contract entered into between Company and Talent are fulfilled.
10. Utilize The Mom Project's template Independent Contractor Agreement or an Independent Contractor Agreement that provides similar protections to The Mom Project to engage Talent;
11. In order to assist The Mom Project with the accurate processing of payment for services, provide The Mom Project with a copy of the executed Independent Contractor Agreement. Company further understands that an engagement cannot begin until a copy of the executed Independent Contractor Agreement has been provided to The Mom Project.
12. In order to assist The Mom Project with the accurate processing of payment for services, cooperate with The Mom Project regarding any inquiries related to payment or the end of an assignment.
13. Make timely payments to The Mom Project for all services performed by The Mom Project, subject to these Terms and any applicable Order. Company understands and agrees that if Company fails to make timely payments, The Mom Project can suspend its IC Services. In the event The Mom Project suspends its IC Services, Company is still responsible for payment for any outstanding fees and/or invoices to The Mom Project. Further, Company understands and agrees that such suspension shall not relieve Company of its obligations detailed in these Terms and specifically the obligations detailed in Circumvention and Exclusivity sections of these Terms;
14. Cooperate with The Mom Project and any relevant authorities in any unemployment or other administrative or legal inquiries to clarify the scope of IC Services, that The Mom Project is not nor was an employer of Talent in the provision of The Mom Project's IC Services, nor was The Mom Project a party to the Independent Contractor Agreement. Further, Company understands and consents that The Mom Project, in responding to any legal or governmental inquiries, may provide information regarding the Independent Contractor project, including the parties to any an Independent Contractor Agreement and the roles of each respective party and
15. Indemnify and hold harmless The Mom Project for any actual or potential Independent Contractor misclassifications and any legal or governmental actions or fees that may arise from such misclassification.
16. In addition, Company understands and agrees that any provisioning and retrieval of Company property, including but not limited to equipment, between Company and Talent is the sole responsibility of the Company.

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, manage, supervise, or control Talent's work, Talent's work hours or locations or any other terms of the contract entered into between the Company and Talent.

All Users

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. For tax purposes, The Mom Project only provides or facilitates third party payment processing. The Mom Project, or its third-party vendor, will file Forms 1099K to the IRS for Independent Contractor Talent based in the United States as required by applicable code or law. Other than its obligation to file applicable 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.

All Users

When a Company converts Talent it has engaged via our Independent Contractor or Temporary Assignment Services to a direct placement with its own Company, The Mom Project will collect from the Company a fee for this conversion ("Conversion Fee"). Companies utilizing other services provided by The Mom Project may not be responsible for a Conversion Fee. The Conversion Fee will be a percentage of Talent's annualized compensation including estimated commissions and any bonuses, including a signing bonus. The Conversion Fee shall be listed on each Order as applicable.

Company

The Mom Project offers certain Services that do not involve the Company's use of the Platform and Site. Company may engage The Mom Project for such services via a separate agreement. However, Company understands and agrees that it must agree to these Terms of Service in order to access the Platform and utilize any Services The Mom Project provides through its Platform.

Company

The Mom Project may offer additional Services not detailed in these Terms (“Other Services”). Certain terms and conditions (e.g. term, termination, payment) may differ from those stated in these Terms. Any differences between the terms and conditions for Other Services and these Terms shall be detailed in an Order, and those such terms shall govern.

Company

The Mom Project will issue an invoice to Company for Direct Hire Services once Company has confirmed its final hiring selection.

Company shall pay the full amount listed on the invoice within seven (7) days of the Talent’s first day of work at Company as detailed on the applicable Order.

Company

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 invoices related to Talent that are performing services for Company, as described within an applicable Order.

Invoices will be supported by time sheets or other agreed upon reports for documenting time worked by Talent.

When Company provides payment for an invoice, Company understands and agrees that submitted timesheet or report will be considered approved by Company. Any dispute to a given timesheet or report must be brought to the attention of The Mom Project promptly and in any case no later than the date by which payment for the respective invoice is due. Failure to notify The Mom Project of a disputed invoice, timesheet or report within the timeframe detailed above will disqualify Company from not paying an invoice based on that invoice being a disputed invoice.

Company

The Mom Project will provide a regular cadence on all invoices related to Talent that are performing services for Company, as described within an applicable Order.

Invoices will be supported by time sheets or other agreed reports for documenting time worked or work completed by Talent.

When Company provides payment for an invoice, Company understands and agrees that submitted timesheet or report will be considered approved by Company. Any dispute to a given timesheet or report must be brought to the attention of The Mom Project promptly and in any case no later than the date by which payment for the respective invoice is due. Failure to notify The Mom Project of a disputed invoice, timesheet or report within the timeframe detailed above will prohibit Company from not paying an invoice based on that invoice being a disputed invoice.

Company

Unless the parties agree to different terms in a signed writing, Company will pay the full amount listed on each invoice to The Mom Project within seven (7) days of the date of invoice submitted by The Mom Project. If Company has a good-faith dispute with the invoice amount, Company must notify The Mom Project of such dispute no later than the date the disputed invoice is due. Failure to notify The Mom Project of a disputed invoice, timesheet or report within the timeframe detailed above will prohibit Company from not paying an invoice based on that invoice being a disputed invoice.

Company

Unless otherwise agreed to in writing on an Order signed by Company and The Mom Project, Company shall provide payment on all invoices within seven (7) days of receipt of invoice.

Company

In the event Company has a good-faith dispute of an invoice of a portion thereof, Company will pay the undisputed portion until the disputed portions are resolved at which time, Company will pay any resolved portions. Unless otherwise detailed in an Order, Company has an obligation to notify and provide written notice to The Mom Project by the time the payment is due for an applicable invoice. If you do not bring a dispute to our attention by the time payment is due on the invoice, you waive the right to such dispute. Any diversion from the terms of this section by The Mom Project to the benefit of the Company shall not be considered a waiver of these terms.

Company

By accessing or using the Platform, Company authorizes The Mom Project to collect, utilize and retain payment information (e.g. bank account) 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 for Services, Company authorizes The Mom Project to collect, utilize and retain such information. If the payment method is rejected, The Mom Project will consider this a Failure to Pay as subject to the terms below.

All Users

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:

1. (i) modify, restrict, and amend contractual payment terms and or billing frequency;
2. (ii) terminate Services for all active Talent engagements with Company;
3. (iii) terminate this and all other agreements entered into by Company and The Mom Project;
4. (iv) present a second valid form of payment in order to continue services;
5. (v) require you to make payment in full for all services and fees rendered due upon demand.

The Mom Project reserves 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. Company will be responsible for any fees associated with recovering payment in full, including bank fees or fees from a third-party collection agency.

All Users

If any account becomes past due by 30 days or more,that party will be solely responsible for any and all interest and fees associated with the past due account. If the account becomes 90 days past due, the account will be considered delinquent, and The Mom Project reserves the right to take any and all action to recover any outstanding fees, applicable interest and or costs associated with the delinquency and recovery of the outstanding fees.

All Users

The fees associated for the Services provided by The Mom Project shall be detailed in an applicable Order. Estimated pricing for Services can be found on The Mom Project's Company Pricing Page at https://work.themomproject.com/companies. The Parties acknowledge that any fees listed on The Mom Project's Company Pricing Page are only estimates and that The Mom Project's Company Pricing Page is expressly not a part of these Terms of Service. The Mom Project reserves the right to increase fees from time to time. For ongoing engagements, The Mom Project will not increase fees on any ongoing Orders more than two (2) times per calendar year, and such increases shall not exceed five percent (5%) for any given calendar year.

All Users

Any User with an active account will be bound by these Terms of Service. If you no longer wish to agree to these Terms of Service please contact support@themomproject.com to deactivate your account.

Company

For Companies, any Service described in these Terms of Service shall be accompanied by an Order which shall have important details about the Service, including but not limited to the Term or duration of the specific Service.

Company

Unless otherwise agreed to by the parties, either The Mom Project or Company may terminate an Order for convenience by giving fourteen (14) days written notice. If you terminate an Order and still have an active account on The Mom Project's Platform you are still bound by these Terms of Service. In order to deactivate your account please contact support@themomproject.com.

The Mom Project or Company may terminate an Order with cause by giving twenty-four (24) hours notice. As used herein, "cause" shall mean a breach of any material term of these Terms of Service, 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 prorated portion for Services in progress prior to the date of termination.

All Users

After termination of an Order or your profile and/ or account with The Mom Project the sections of the Terms of Service that expressly or by their nature contemplate performance after termination will survive and continue in full force and effect. For example, the sections related to arbitration, indemnification, intellectual property, limitations of liability, circumvention, payment, and protection of confidential information each contemplate performance or obligations after your account is no longer active. Deactivating your account will not release you or The Mom Project from any obligations incurred when agreeing to our Terms of Service prior to deactivation or termination.

All Users

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 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, unwanted 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 the Site, Platform and at all Mom Project 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. You can contact our Trust and Safety Team at support@themomproject.com.

All Users

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, are authorized to work in the United States per applicable laws, and are able to provide verification of such, 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.

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.

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.

All Users

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:

1. represent that you are a member or agent of The Mom Project;
2. use the Site or Platform for any purposes except for its intended purposes;
3. 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;
4. Create and maintain multiple active accounts;
5. 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;
6. post, upload, or distribute any defamatory, libelous, or inaccurate, or hateful or racially or ethnically objectionable Content;
7. solicit personal information from anyone without their express consent and in no cases for anyone under the age of 18;
8. 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 person's 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;
9. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users;
10. harvest or collect the email addresses or other contact information of other Users without their consent;
11. 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;
12. 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;
13. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms of Service;
14. 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;
15. 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;
16. relay email from a third party's mail servers without the permission of that third party;
17. use any robot, spider, scraper, crawler or other automated means to access the Site or the Platform for any purpose;
18. use any device, software or routine that interferes with the proper working of the Site;
19. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
20. manipulate identifiers in order to disguise the origin of any Content transmitted through the Site or the Platform;
21. 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;
22. 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;
23. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
24. attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
25. otherwise attempt to interfere with the proper working of the Site;

In order to grow our vibrant and productive online marketplace,The Mom Project, in its sole discretion, may take any action it deems appropriate to enforce the letter and or spirit of the Community Standards above including, but not limited to, providing internal feedback, suspending or terminating access to our Site and Services.

All Users

User understands that all information, including User's name 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 Platform 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.

All Users

The Site 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. 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. You expressly agree NOT TO POST ANY CONFIDENTIAL OR PROPRIETARY INFORMATION OR ANY OTHER CONTENT THAT MAY INFRINGE IN ANY WAY ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHER PARTIES. By providing any User Contribution on the Site, 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:

1. 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;
2. You will not represent yourself as having authority to act on behalf of The Mom Project; and
3. 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, or attendee of virtual events.

All Users

These Terms of Service permit you to use the Site 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, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not:

1. Modify copies of any materials from this site.
2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
3. 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, except those connected to The Mom Project's Services, any part of the Site or any services or materials available through the Site. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Service, your right to use the Site 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 or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

If you wish to make any use of content on the Site other than that set out in this section, please address your request to: info@themomproject.com.

All Users

The information presented on or through the Site or its Platform, or during any virtual events, is made available solely for general information purposes. The Mom Project does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Mom Project expressly disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or in any virtual events, or by anyone who may be informed of any of its contents.

All Users

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.

All Users

This Site 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.

All Users

Unless otherwise agreed to in writing on an Order or another document executed by applicable parties, all of the content on the Site, the Platform, 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 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.

All Users

Unless otherwise expressly stated in writing by The Mom Project, you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Site or the Platform for your personal or internal business use only. By submitting or entering Content to the Site or Platform, you represent and warrant that you own all rights, title and interest to any Content you upload to the Site or the Platform and grant The Mom Project a perpetual, non-exclusive, irrevocable worldwide, royalty free, fully paid transferable, sub-licensable, license to copy, display, upload, perform, distribute, store, modify and otherwise use Content submitted by you by any means, forever and worldwide. The Mom Project reserves the right to use the Content in accordance with the Privacy Policy and to make changes to the Content from time to time and as it deems necessary.

All Users

If User violates any part of these Terms, User's permission to access and use The Mom Project Content and the Site, the Platform or the Services automatically terminates, and User must immediately destroy any copies User has made of The Mom Project Content. The Mom Project reserves the right to take further action as described below in these Terms of Service in its sole discretion. Other company, product, and service names located on the Site and the Services may be trademarks or service marks owned by others. Nothing on the Site or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without The Mom Project's prior written permission specific for each such use.

All Users

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the respective 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 are the trademarks of their respective owners.

The ownership of any Work Product created during the course of an engagement between Talent and Company, related to our Services shall be governed by a written agreement between the applicable Talent and Company. For the sake of clarity, ("Work Product") shall mean: all inventions, discoveries, designs, developments, methods, modifications, improvements, ideas, products, processes, algorithms, database, computer programs, formulae, techniques, know-how, trade secrets, graphics or images, and audio or visual works and other works of authorship, whether or not patentable or copyrightable, that are created, made, conceived or reduced to practice for a Company by Talent.

Users represent and warrant that no confidential information or trade secrets, or any other material in which any other person or entity can assert a colorable copyright, patent right, trademark, or other proprietary or intellectual property right shall be used or integrated into any Work Product.

All Users

By accessing our Site or our Services, you represent and warrant that you will not in any way, take any action that infringes, interferes with, or misappropriates the intellectual property of another party be it any Users of this Site, past or present, or any third parties. If intellectual property is shared with you, you agree to use commercially reasonable steps to protect it, including, at the conclusion of any business or upon request from the owner of the intellectual property, you agree to return or destroy it.

All Users

If you believe any uploaded content infringes your intellectual property rights, you may provide The Mom Project with the notice described below (the "Notice") to The Mom Legal Team by email to legal@themomproject.com or by mail to The Mom Project, Attn: Legal Department, 1 E. Erie Street, Suite 525, PMB 316 Chicago, IL 60611

The Notice fulfills the requirements of the United States Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3) (" DMCA "). The Legal Department is The Mom Project's designated agent under the DMCA.

Please include the following items in your Notice:

1. Identify the intellectual property rights that you claim are infringed.
2. Identify the website, profile, posting, feedback, or other material that you claim infringes your intellectual property rights and a short description of how the user(s) allegedly infringe(s) your intellectual property rights.
3. Provide your complete name, address, telephone number, and email address.
4. Provide contact information for the owner or administrator of the allegedly infringing material, if possible.
5. Include the following statement: "I have a good faith belief that use of the material in the manner described is not authorized by the owner of the exclusive intellectual property rights, its agent, or the law," and "The information in this notice is accurate."
6. Conclude the Notice with the following: "I swear, under penalty of perjury, that I am authorized to act on behalf of the owner of the exclusive intellectual property rights that are allegedly infringed."
7. Sign and date (electronically or physically) the Notice.

If you fail to comply with all of the above requirements of the DMCA, your Notice may not be effective. In response to your Notice, The Mom Project may remove or disable access to the allegedly infringing content and take such other actions as we may deem necessary and/or appropriate, as determined in our sole discretion. Please be aware that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content is infringing. If we remove or disable access, we will attempt to contact the poster of the allegedly infringing content so that the poster may provide a counter notification (the "Counter Notice") as described below.

If you believe that content you posted was removed or disabled by mistake or misidentification, you may file a Counter Notice by email to legal@themomproject.com or by postal mail to,The Mom Project, Attn: Legal Department, 1 E. Erie Street, Suite 525, PMB 316 Chicago, IL 60611. The Counter Notice fulfills the requirements of the United States Digital Millennium Copyright Act, 17 USC Section 512(g)(3).

Please include the following items in your Counter Notice:

1. Identify the website, profile, posting, feedback, or other material that The Mom Project has removed or to which The Mom Project has disabled access and a short description of which material appeared before it was removed or access to it was disabled.
2. Provide your complete name, address, telephone number, and email address.
3. Include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Cook County, IL, if your address is outside the United States), and that you will accept service of process from the person who provided the Notice or from an agent of that person.
4. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each website, webpage, posting, profile, feedback or other material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
5. Sign and date (electronically or physically) the Counter Notice.

In response to a Counter Notice, The Mom Project may reinstate the allegedly infringing material. Please bear in mind that you may be liable for damages (including costs and attorney's fees) if you materially misrepresent that material in question does not infringe the intellectual property rights of others. If you have questions about whether certain intellectual property rights are valid or whether certain material is infringing, please seek the advice of an attorney.

All Users

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. We may share User's information to enforce or apply The Mom Project's Privacy Policy, Terms of Service or The Mom Project's other policies or agreements.

All Users

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. You can view our California Privacy Rights Notice here. If you reside in California and would like a copy of this notice or have any other questions, please submit a written request to: support@themomproject.com.

All Users

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 without the express written consent of The Mom Project.

This Site may provide certain social media features that enable you to:

1. Link from your own or certain third-party Sites to certain content on this Site.
2. Send e-mails or other communications with certain content, or links to certain content, on this Site.
3. Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party Sites.

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:

1. Establish a link from any Site that is not owned by you.
2. Cause the Site 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.
3. Link to any part of the Site other than the homepage.
4. Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Service.

The Site 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 at our discretion.

All Users

The Mom Project takes 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 email.

As such, Users acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site or the Platform is solely at the User's 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, 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.

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.

All Users

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.

All Users

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.

All Users

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 Users.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the Platform or Services (or any part thereof) with or without notice. We will not be liable to, Users or to any third party for any such modification, suspension or discontinuance of the Site, Platform 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, disable any user name, password or other identifier, whether chosen by you or provided by us or immediately terminate User's access to the Site, Platform and Services. We will not be liable or responsible to User or any third party for such termination.

All Users

To the extent permitted by applicable law, User agrees to indemnify, defend and hold harmless The Mom Project, The Mom Project's affiliates and subsidiaries, its officers, directors, employees, agents, licensors, suppliers, and partners (collectively "The Mom Project Indemnitees") 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 our Services, the Site or the Platform (including negligent or wrongful conduct) by User or any other person accessing our Services via User's The Mom Project account, email account(s), social media account(s) or ISP address. In addition, Company agrees to indemnify, defend and hold harmless The Mom Project Indemnitees for any negligent or wrongful conduct or any violation of applicable law related to selection and or hiring, classification, management, payment or termination of Talent referred to Company as part of The Mom Project's Services. We reserve the right to take over the exclusive defense of any claim. .

All Users

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.

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.

All Users

You and us agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services or of the Site, any communications you receive, or the Terms and prior versions of the Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and us may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or us may seek equitable and preliminary injunctive relief in court, including for infringement or other misuse of intellectual property rights and breach of confidentiality for which the injured party may suffer irreparable harm. A request for equitable or preliminary relief by a party to a court shall not be deemed incompatible with this Arbitration Agreement or a waiver of the right to arbitrate.

All Users

You and us agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and us therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to us that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@themomproject.com or regular mail to our offices located at 1 E. Erie St. 525, PMB 316, Chicago, IL 60611. Notice to you will be sent to your email address and/or street address associated to your Mom Project’s account. It is your responsibility to keep your contact information up to date. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of counsel, if any; and (3) a description of the Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

All Users

YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and us are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

All Users

YOU AND US AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION “BATCH ARBITRATION” BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision is rendered, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and us agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the County of Cook, in the State of Illinois. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or us from participating in a class-wide settlement of claims.

All Users

These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of the Notice, you and us agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by JAMS. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules; all other Disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures. Any arbitration of a Dispute relating to your access to or use of the Site, any products sold or distributed through the Site, or the Services, primarily for personal, family or household purposes shall also be subject to the allocation of arbitration costs and other requirements of JAMS’ Policy On Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness available at https://www.jamsadr.com/consumer-minimum-standards/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Arbitration Rules.

Unless you and us otherwise agree, or the Batch Arbitration process discussed below is triggered, the arbitration will be conducted in the county where you reside.

All Users

The arbitrator will have exclusive authority to resolve all issues, except that courts indicated in the subsection entitled “Governing Courts” below have exclusive authority to decide 1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of that subsection is unenforceable, illegal, void or voidable, or that that subsection has been breached; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration; and (4) all Disputes about which version of the Arbitration Agreement applies. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and us. Judgment on the award may be entered in any court with jurisdiction.

All Users

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the request for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

All Users

To ensure efficient resolution, if within a 90-day period, 50 or more claimants submit Notices or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the Disputes must be arbitrated in batches of up to 50 claimants each (“Batch”). Specifically, upon notice from either side, JAMS shall group the claimants into Batches of 50 claimants each, with a smaller, final Batch consisting of any remaining claimants. JAMS shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by JAMS, one set of arbitration fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration. Any challenges to administrative determinations by JAMS shall be heard by a single process arbitrator. The administrative arbitrator’s fees shall be paid by the Mom Project. If this subsection is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.

All Users

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legal@themomproject.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Mom Project’s account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

All Users

We will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing legal@themomproject.com within 30 days after you receive notice, including your name and email address associated with your Mom Project’s account. Otherwise, you’ll be bound by the change, and the modified Arbitration Agreement shall apply to all Disputes between you and Etsy, including those arising before the effective date of the changes, but excluding any claims pending in arbitration (or court, if permitted) as of the effective date. If you reject a change, you’ll be bound by the most recent version of the Arbitration Agreement before the change you rejected. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration.

All Users

To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in the County of Cook, in the State of Illinois (except for small claims court actions which may be brought in the county where you reside).

All Users

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.

All Users

The Mom Project will only use User information to the extent necessary to provide and improve our Services. This includes allowing Companies that have agreed to these Terms to view Talent profiles and resumes on our platform that Talent has submitted to us. To learn more about how we use user data and personal information please review our Privacy Policy, which is incorporated into and is a part of these Terms of Service.

California residents can also review our California Privacy Rights Notice.

All Users

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.

These Terms of Service are effective as of May 15, 2024. See our previous Terms of Service here.