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:
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:
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:
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:
Company’s Duties & Responsibilities
During the Term, Company will:
Invoicing, Payment Terms, Fees, and Guarantees.
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
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
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.
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:
You must not:
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.
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:
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 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:
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:
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:
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.