The Mom Project

ACCEPTANCE

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.

Please read the Terms of Service carefully before you start to use the Site or Platform. By using the Site or Platform, and by clicking "accept" you agree to the Terms of Service when this option is made available to you. You also accept and agree to be bound and abide by our Privacy Policy, found at https://themomproject.com/privacy_policy, incorporated herein by reference. Only persons who accept the Terms of Service may access the Platform.

PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

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.

ELIGIBILITY; REGISTRATION

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.

If you are using or creating an account or profile with The Mom Project on behalf of a company, entity or organization, then you represent and warrant that you are an authorized representative with the authority to bind such company, entity or organization to these Terms of Use and that you agree to these Terms of Use on behalf of such company, entity or organization.

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.

• Making all arrangements necessary for you to have access to the Site and Platform.
• Ensuring that all persons who access the Site and Platform through your internet connection are aware of these Terms of Service and comply with them.

To access the Site and Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and Platform that all the information you provide on the Site and Platform is correct, current and complete. You agree that all information you provide to register with this Site and Platform or otherwise, including, but not limited to, through the use of any interactive features on the Site and Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We may use third parties to perform services in connection with our internal operations and the operation of the Site and Platform. By using our Sites, you acknowledge and agree to The Mom Project’s use of such third-party service providers.

If you choose, or are provided with, login credentials, a user name, password or any other piece of information as part of our authentication procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site and Platform or portions of it using your login credentials, user name, password or other authentication information. You agree to notify us immediately of any unauthorized access to or use of your login credentials, user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

The Site and/or Platform (i) may on occasion be unavailable due to updates, maintenance or malfunction of computer equipment or for other reasons, or (ii) may from time to time, at The Mom Project’s sole discretion, be amended, modified, revised, altered, or taken down, including the Services available through the Platform, in each case without notice to You.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

SERVICES AND DUTIES

INVOICING, PAYMENT TERMS, FEES, AND GUARANTEES

The Mom Project is committed to providing our Talent timely and prompt payment for hours worked. The Mom Project will provide a regular cadence on all bills and invoices related to Talent that are performing services for Company, as described within the Order Form.

• Unless otherwise agreed upon within an Order Form, The Mom Project will collect from Customer:
• A 20% mark-up on top of hourly fees paid to Independent Contractors.
• A 40% all-inclusive mark-up on top of the hourly pay rate paid to Temporary Assignments. This all-inclusive mark-up consists of The Mom Project’s 20% mark-up for Services and a 20% mark-up for passthrough for required payroll, taxes, benefits, and other employed fees.
• A placement fee in the amount of 20% of the Talent’s total annualized compensation, including estimated commissions and bonuses, and any signing bonus for any Direct Hire placements or conversions of either Temporary Assignments or Independent Contractors to permanent positions at Company.
• The Mom Project may modify the price, content, or nature of the Services at any time.
• Company will pay amounts payable to The Mom Project upon seven (7) days of date of invoice submitted by The Mom Project.
• Invoices will be supported by time sheets or other agreed system for documenting time worked by Talent. Company’s signature, email confirmation or other agreed method of approval of the work time submitted for Talent certifies that the documented hours are correct and authorizes The Mom Project to bill Company for those hours. If a portion of any invoice is disputed, Company will pay the undisputed portion until the disputed portions are resolved at which time, Company will pay those portions.

Replacement guarantee on Direct Hires. In the event the direct employment of a Talent hired via The Mom Project at the Company lasts less than 60 calendar days, and provided that all fees and expenses relating to such have been paid, The Mom Project will endeavor to replace the hire for the same position at no additional charge to Company.

This replacement guarantee is contingent upon The Mom Project receiving the full Direct Hire fee (“Placement Fee”) within seven (7) days of the invoice due date. The invoice date represents the placement date of the Talent. In the event the Placement Fee has not been paid within terms, The Mom Project is under no obligation to re-work or refund the work performed.

• No refund will be made if:
• Company hires a replacement from any source;
• Company is no longer actively seeking to fill the position;
• Talent is laid off for lack of work, or;
• Talent resigns because the Company has significantly modified the Talent's job duties or assigned Talent to another position within the Company.

TERM & TERMINATION

Either The Mom Project or Company may terminate an Order Form by giving fourteen (14) days written or with cause upon twenty-four (24) hours notice. As used herein, “cause” shall mean non-performance as defined by the Company or a breach of any material term of these Terms, the violation of any laws, and/or the negligent or intentional misconduct of either party. Upon termination, Company will be responsible for payment for all Services rendered and including a pro-rated portion for services in progress prior to the date of termination.

Company has an obligation to notify and provide written notice to The Mom Project immediately after a billing dispute arises. If you do not bring a dispute to our attention immediately, you waive the right to such dispute.

CIRCUMVENTION

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 support@themomproject.com if a party contacts you to make payments or take other actions outside of the Platform as set forth in this subsection.

TAXES

The Mom Project’s role is to connect Companies and Talent based on a Company’s scope of work and Talent’s background and experience. For tax purposes, The Mom Project is a third-party processor only. The Mom Project, or its third-party vendor, will file 1099K forms to the IRS for Independent Contractor Talent based in the United States who receives payment through the Platform. Other than its obligation to file 1099K forms, The Mom Project has no responsibility for other tax related matters including, without limitation, determining the tax status of the relationship between a Company and Talent or a party’s tax filing obligations.

INDEPENDENT CONTRACTOR RELATIONSHIP

When it is the intent of the Parties, the Talent will be classified as an Independent Contractor of the Company. The Company shall not control the manner or means by which Talent performs the Contract Services. Talent will determine the method, details, and means of performing the Services. Except as specifically set forth herein, Company will not have any right or authority to direct or limit Talent's activities with respect to Talent’s hours, services, time off, training, vacation or activities of Talent on behalf of other persons. Company will not offer Talent to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by Company to its employees, and will not make any offer or promise relating to Talent’ compensation or benefits.

Company is solely responsible for determining whether a relationship between Company and Talent qualifies as an independent contractor relationship and whether a Talent qualifies as an independent contractor. The Mom Project shall not be responsible or liable to Company, Talent or any third party for the determination of independent contractor status.

Company will indemnify and hold harmless The Mom Project for any potential Independent Contractor misclassifications and any legal actions or fees that may arise from such misclassification.

Nothing in these Terms shall be construed to create any association, partnership, joint venture, employee or agency relationship between the Company and The Mom Project or Talent and The Mom Project. The Mom Project does not in any way, directly or indirectly, control, supervise or control Talent’s work, Talent’s work hours or locations.

The Mom Project is not responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining worker’s compensation insurance on Talent’s behalf.

TEMPORARY ASSIGNMENT RELATIONSHIP

When it is the intent of the Parties that Talent is classified as a temporary W-2 hire, The Company shall control the manner or means by which Talent performs the Services. Company will have the right or authority to direct or limit Talent's activities with respect to Talent’s hours, services, time off, training, vacation or activities of Talent on behalf of other persons.

Nothing in these Terms shall be construed to create any association, partnership, joint venture, employee or agency relationship between the Company and The Mom Project or Talent and The Mom Project. The Mom Project does not in any way, directly or indirectly, control, supervise or control Talent’s work, Talent’s work hours or locations.

CONFIDENTIAL INFORMATION

During the Term, the Parties may have access to information that is treated as confidential and proprietary by the disclosing Party including without limitation trade secrets, technology, and information pertaining to business operations and strategies, customers, pricing, marketing, finances, sourcing, and personnel, in each case whether spoken, written, printed, electronic, or in any other form or medium (collectively, “Confidential Information”). The Parties agree: (i) to protect the Confidential Information in the same manner that it protects the confidentiality of its own proprietary and Confidential Information; (ii) not to disclose Confidential Information or permit it to be disclosed, in whole or part, to any third party without prior written consent of the disclosing Party in each instance, or (iii) to use any Confidential Information for any purpose except for performing each Party’s obligations under these Terms or as required by law

• No knowledge, possession, or use of Company’s Confidential Information will be imputed to The Mom Project as a result of Talent’s access to such information.
• Except to the extent that Talent is given access by Company to Confidential Information as part of Talent’s performance of the Contract Services, The Mom Project shall not provide access to Company’s Confidential Information to Talent.
• Confidential Information may not be copied or reproduced without the disclosing Party’s prior written consent, except in connection with the performance of the Services
• All Confidential Information made available hereunder, including copies thereof, shall be returned to the disclosing Party or destroyed upon the latter to occur or (i) the need for access has been fulfilled, or (ii) completion of the Services or termination of the Agreement.
• Confidential Information shall not include information that: (i) is or becomes generally available to the public other than through a Party’s breach of these Terms; (ii) is communicated to a Party by a third party that had no confidentiality obligations with respect to such information; or (iii) was known to a Party prior to disclosure under these Terms, or (iv) is developed by a Party without use of Confidential Information.
• Nothing herein shall be construed to prevent disclosure of Confidential Information as may be required by applicable law or regulation, or pursuant to the valid order of a court of competent jurisdiction or an authorized government agency, provided that the disclosure does not exceed the extent of disclosure required by such law, regulation, or order. A Party agrees to provide written notice of any such order to an authorized officer of the Company within 48 hours of receiving such order, but in any event sufficiently in advance of making any disclosure to permit the other Party to contest the order or seek confidentiality protections, as determined in that Party’s sole discretion.

EXCLUSIVITY

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.

COMMUNITY GUIDELINES

We expect all users of The Mom Project to act with respect, integrity, and professionalism. You agree not to use the Site or Platform to:

• Violate any applicable law or regulation.
• Harass, threaten, demean, embarrass, or otherwise harm any other user.
• Post or transmit any content that is unlawful, fraudulent, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Platform, or which, as determined by us, may harm The Mom Project or users of the Site or Platform or expose them to liability.

We reserve the right to remove any content or user that violates these guidelines or the Terms of Service, and to take any other action we deem appropriate. For more information, please see our Community Guidelines.

USER CONTRIBUTIONS

The Site and Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, 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.

All User Contributions must comply with the Content Standards set out in these Terms of Service. Any User Contribution you post to the Site or Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or Platform, 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 for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• 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 Mom Project, 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 Platform.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or Platform or the public, or could create liability for The Mom Project.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or Platform.
• Terminate or suspend your access to all or part of the Site or Platform for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site or Platform. YOU WAIVE AND HOLD HARMLESS THE MOM PROJECT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE MOM PROJECT DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE MOM PROJECT OR LAW ENFORCEMENT AUTHORITIES.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site and Platform 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 or Platform, or by anyone who may be informed of any of its contents. For more information, please see our FAQ.

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 without our express written consent.

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

• Link from your own or certain third-party websites to certain content on this Site or Platform.
• Send emails or other communications with certain content, or links to certain content, on this Site or Platform.
• Cause limited portions of content on this Site or Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Site or Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
• Otherwise take any action with respect to the materials on this Site or Platform that is inconsistent with any other provision of these Terms of Service.

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. For more information, please contact support@themomproject.com.

COOKIES

An internet “cookie” is a small file which is placed on the user’s hard drive when User visits The Mom Project’s site, and helps us learn which areas of The Mom Project’s Site are useful and which should be removed or needs some work. We also use cookies and the information we collect to show User relevant content and advertising. User can choose whether to accept cookies by changing the settings on User’s browser. However, if User chooses to disable this function, User’s experience at The Mom Project’s site may be diminished and some features may not work as they were intended.

SECURITY

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.

EMAIL COMMUNICATIONS

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.

GEOGRAPHIC RESTRICTIONS

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.

INDEMNIFICATION

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.

RELEASE

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.

GOVERNING LAW

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.

MISCELLANEOUS

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.