Friend of a Mom Terms of Use

We may modify these Terms at any time.  All changes will be effective immediately upon posting to the Site.  Material changes will be conspicuously posted on the Site or otherwise communicated to you.  By using the Site after changes are posted, you agree to those changes.

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1. ​Eligibility.  YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE OUR SERVICES.  BY ACCESSING, USING AND/OR SUBMITTING INFORMATION TO OR THROUGH OUR SERVICES, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN 18.​​
    

2. ​Accounts. To access and use certain areas or features of the Services, you may need to register for an online account. By creating an account, you agree to: (a) provide accurate, current, and complete account information; (b) maintain and promptly update, as necessary, your account information; (c) maintain the security of your account credentials; (d) be responsible for the acts or omissions of any third party who has authority to access or use the Services on your behalf; and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. You further understand and agree that we may take actions we deem reasonably necessary to prevent, respond to, pursue, or remedy suspected or actual fraud and abuse, including without limitation termination or suspension of your account. You acknowledge and agree that we may immediately deactivate or delete your account and all related information in your account and/or prohibit any further access to all account information by you.
    

3. Electronic Communications. By creating an account or communicating with us via the Services, you also consent to receive electronic communications from us (e.g., via email or phone notifications). These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to that such communications be in writing.
    

4. Content.  The Services, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Friend of a Mom or, as applicable, its vendors or licensors.  Except for the rights expressly granted to you in the next section, Friend of a Mom reserves all other rights in and to the Site and Content, including all intellectual property rights.
    

5. User Content. Our Services may include features that allow you to upload, submit, download, store, or transmit data, information, including personal information such as your name, contact details, and other content through our Services. Anything that you post or otherwise make available on the Services is referred to herein as “User Content.” You retain all ownership rights in, and are solely responsible for, the User Content you post to the Services. All User Content must comply with this Agreement and any policies we make public.
    

6. User Content Restrictions. You may not upload, post, or transmit any User Content that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of us or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; (4) puts in jeopardy the security of your account, FOAM, or our Services; or (5) promotes or displays any of the following content: (a) pornography; (b) violence; (c) racial intolerance or advocacy against any individual, group, or organization, including bu not limited to with respect to sex, sexual orientation gender, gender identity or political affiliation; (d) profanity; or (e) illicit drugs and drug paraphernalia. FOAM is a neutral intermediary and does not review all User Content before or after it is published on the Services, so we is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User. However, we reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all User Content from the Services. You understand and expressly acknowledge that by using our Services you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on our Services. By submitting User Content to our Services, you grant us a transferable, nonexclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sublicense through multiple tiers, dispose of, assign, create derivative works of, and compilations incorporating User Content for the purposes of providing our Services and carrying out other lawful business purposes. Nothing in this Agreement: (1) entitles you to any payments or the right to share in any revenue from any monetization of User Content; or (2) restricts other legal rights we may have to User Content, for example under other licenses. We reserve the right to remove User Content from our Services at any time and for any reason without notification to you. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF, OR ANY ACTIVITIES ASSOCIATED WITH OR DERIVED FROM, USER CONTENT THAT YOU POST OR PROVIDE THROUGH OUR SERVICES. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON USER CONTENT, FOAM IP, OR OTHER CONTENT YOU FIND ON OUR SERVICES ARE SOLELY YOUR RESPONSIBILITY. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USER CONTENT PROCESSED THROUGH OUR SERVICES.
    

7. Health Information Disclaimer. The Content and Services are intended for informational and educational purposes only. The Services do not claim to provide medical or professional, advice or treatment and should not be relied upon as a substitute for consultation with qualified health providers. Always seek the advice of your physician or other licensed medical professional with any questions you may have regarding a medical condition, pregnancy, or related health concerns. 
    

8. Use Rights.  You may only use the Services or Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms and all other terms posted throughout the Services as applicable to you (if any), and all applicable laws.  You may only use the Site and the Content for their intended purposes for which they are made available to you by Friend of a Mom. 
    

9. Use of Marks.  Friend of a Mom owns certain trademarks, names, logos, insignia, or service marks (“Marks”).  You do not have the right to use any Marks except as expressly agreed to in writing by Friend of a Mom.  In addition, the Services may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners.  Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.
    

10. Intellectual Property Rights.  The Services and Content are protected by copyright, trademark, and other intellectual property laws.  Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Friend of a Mom or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. 
     

11. Compliance with Laws.  In connection with your access to and use of the Services, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct. 
     

12. Restrictions on Your Use of the Services.
     

    • You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Services or Content without Friend of a Mom’s prior written consent.
       

    • You will not use the Services for unlawful purposes.
       

    • You will not submit inaccurate, incomplete, or out-of-date information via the Services, commit fraud or falsify information in connection with your use of the Services. 
       

    • You will not engage in data mining or similar data gathering or extraction activities from the Services.  You will not use the Services to harvest email addresses, names, or other information of the users of the Services or to spam other users of the Services.
       

    • You will not access, use, or copy any portion of the Services or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
       

    • You will not use the Services to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Services, the servers used to make the Services available, or any other network, computers, hardware, software or systems.
       

    • You will not engage in activities that aim to render the Services or associated services inoperable or to make their use more difficult.
       

    • You may not frame, mirror, or circumvent the navigational structure of any part of the Services.
       

    • You may not engage in any conduct while using the Services that Friend of a Mom considers inappropriate, unauthorized, or contrary to the intended purpose of the Services. Furthermore, any individuals you communicate with gained through FOAM. 
       

13. Feedback and Other Content Submitted By You.  If you submit comments or feedback to us regarding the Services or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you. 
     

14. NO WARRANTY.  THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRIEND OF A MOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. 
    
    FRIEND OF A MOM MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SERVICES IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED.  FRIEND OF A MOM DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICES OR CONTENT.  FRIEND OF A MOM DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES OR CONTENT WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. 
    
    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
     

15. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FRIEND OF A MOM OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “FRIEND OF A MOM PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A FRIEND OF A MOM PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
    
    YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICES OR CONTENT. 
    
    WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE FRIEND OF A MOM PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. 
    
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
     

16. INDEMNIFICATION.  YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE FRIEND OF A MOM PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SERVICES OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SERVICES.  WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
     

17. Third-Party Websites and Content.  The Services may link to, or be linked to, websites not maintained or controlled by Friend of a Mom.  Those links are provided as a convenience to the visitors of our Services.  Friend of a Mom is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Services.  Friend of a Mom does not warrant or endorse any third-party website or any products or services made available through those websites.  When leaving the Services, it is the terms and privacy notice of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms. 
    
    The Services may also contain certain third-party Content.  We provide third-party Content for your convenience, not as an endorsement.  The presence of third-party Content does not mean that Friend of a Mom has reviewed the third-party Content or that there is any association between Friend of a Mom and any third party.  You access third-party Content at your sole risk.  Friend of a Mom has no responsibility for any third-party Content.  Nothing in these Terms grants you any rights to any third-party Content.
     

18. Linking to the Services.  You are prohibited from linking to the Services on your website or elsewhere without the prior express written consent of Friend of a Mom.  If Friend of a Mom grants you a right to link to the Services, certain terms may apply, and Friend of a Mom reserves the right to revoke such consent at any time.  You are responsible for any costs incurred by Friend of a Mom in enforcing its rights under this Section.  
     

19. Use in the United States.  The Services are intended for use in the United States only.  We do not guarantee that use of the Services will be available or permitted in any location other than the United States.  If you choose to access the Services from a location other than the United States, you do so at your own risk.  THE EXISTENCE OF THE SERVICES OR ANY CONTENT SHALL NOT BE CONSTRUED AS FRIEND OF A MOM OR THE FRIEND OF A MOM PARTIES OFFERING SUCH SERVICES, CONTENT, OR PRODUCTS TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SERVICES, CONTENT, OR PRODUCTS IS PROHIBITED BY LAW.
     

20. Termination.  If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Services or Content, and we may restrict your access to the Services or Content.  Friend of a Mom may suspend or terminate your use of the Services or any Content, in whole or in part, at any time in its sole discretion for any reason.  Friend of a Mom shall not be liable to you or anyone else for any damages arising from or related to Friend of a Mom’s suspension or termination of your use or access to the Services or the Content, or in the event Friend of a Mom modifies, discontinues or restricts the availability of your use the Services or the Content (in whole or in part).
     

21. Services Unavailability.  Without limiting the generality of the previous section, the Services or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
     

22. Cooperation with Law Enforcement.  Friend of a Mom will cooperate with law enforcement if you are suspected of having violated applicable laws.  YOU WAIVE AND HOLD FRIEND OF A MOM AND THE FRIEND OF A MOM PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
     

23. Governing Law.  These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Illinois without reference to its conflicts or choice of law principles.  Any arbitration or court proceeding will take place in the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of the state or Federal courts in the State of Illinois.  You irrevocably submit and consent to the personal jurisdiction of such courts.  Any cause of action or other claim brought by you with respect to the Services or Content must be commenced within one year after the cause of action or claim arises.
     

24. Assignment.  We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent.  These Terms inure to the benefit of Friend of a Mom’s successors and assigns.
     

25. Entire Agreement.  These Terms and any terms posted throughout the Services (if any) are the entire agreement between you and Friend of a Mom with respect to your access to and use of the Services. 
     

26. Waiver.  Friend of a Mom’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Friend of a Mom.
     

27. Severability.  If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.  The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. 
     

28. Electronic Communications.  These Terms and any other documentation, agreements, notices, or communications between you and Friend of a Mom may be provided to you electronically to the extent permissible by law. 
     

29. Contact Us.  Please direct any questions and concerns regarding these Terms to us at contact@friendofamom.com.