TERMS AND CONDITIONS
On the Website, you may purchase products, such as digital downloads, templates, and printables (collectively referred to as the “Products”). You will have access to the Products for as long as offered by the Company.
You will be required to provide Company’s third-party payment provider with information regarding your credit card or another payment instrument. You represent and warrant that if you are purchasing something from Company, (i) any credit information you supply is accurate and complete, (ii) you will promptly update Company with any changes to your billing information (for example, a change in your billing address or credit card expiration date) that may occur, (iii) charges incurred by you will be honored by your bank or credit card company, (iv) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (v) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
There will be no refunds issued for any Products due to its digital nature. Certain jurisdictions may have longer periods where refunds will be granted. Company will honor such periods as required by law.
COMPANY INTELLECTUAL PROPERTY
All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or the personal or commercial use of others without permission. You may not create any derivative works of the Products. When you purchase any of the Products, you agree that you will not use any information you gain from the Products to create any product or service, whether offered for commercial or personal use, without the Company’s express written consent. All inquiries for the use of Company intellectual property must be submitted to [email protected]. Company reserves the right to seek equitable and compensatory relief for any violation of this term.
By accessing and viewing the Products, you agree that you will not create any electronic information product that utilizes the information gained through the Products, whether or not that information was available through other means.
Specific names, logos, and other materials displayed in the Products or Website constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets, and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company, and you agree not to make any claims or assertions of any other party’s ownership of Company IP.
Made to be a Momma is a trademark of Company and are protected by United States trademark law. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company, Website, the Products, or any experts featured therein.
Unless otherwise noted, the design, content and all components of the Website and Products are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
Company has made every effort to ensure that all information on the Website and in the Products has been tested for accuracy. However, the Company makes no guarantees regarding the results you will see from using the information provided on the Website or Products. Therefore, opinions, advice, statements, or other comments should not necessarily be relied upon and are not to be construed as professional advice from Company.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of the use of the information provided on the Website or Products. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website or Products.
The Website and Products were developed strictly for educational and informational purposes and does not constitute as investment or financial advice. You understand and agree that you are fully responsible for your use of the information provided on the Website and in the Products. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear on the Website or in the Products. Your use of the Website and Products is at your own risk. Company is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided. Furthermore, Company is not responsible for any human or mechanical errors or omissions.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website and in the Products. Subject to the license below, all intellectual property rights are reserved.
The following uses are not permitted:
- Republication of content from the Website or Products unless content is specifically and expressly made available for republication.
- Sale, rental, or sub-license of any content from the Website or Products.
- Reproduction or duplication of any content on the Website or in the Products for commercial purposes.
- Modification of any content on the Website or Products unless content is specifically and expressly made available for modification.
- Redistribution of the content therein the Website or Products, unless content is specifically and expressly made available for redistribution.
- Use of the Product or Website content to develop a competing website or product or otherwise create a derivative work as defined under U.S. copyright laws.
You must not use the Website or Products in a way that causes, or may cause, damage to the Website or Products or impairs the availability of access to the Website or Products. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website or Products, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website or Products to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website or Products without Company’s express written permission.
You must not use the Website or Products to transmit or send unsolicited commercial communications.
You must not use the Website or Products for any third-party marketing without Company’s express written permission.
From time to time, the Website or Products may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placements. Pursuant to the FTC’s requirements, all such advertisements on the Website or in the Products are clearly and conspicuously disclosed.
Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website or in the Products are those of the content creator. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
From time to time, the Website or Products may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website/Products will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate, Company earns from qualifying purchases. This program utilizes cookies to track for the purposes of assigning commission on these sales.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website or Products. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website or Products, you represent that you have the right to grant these permissions for the use of such content by Website, the Products, Company, and Company’s sublicensees.
CONTENT CONTRIBUTED TO THE WEBSITE OR PRODUCTS
Any content you contribute to the Website or Products, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful and may not infringe on any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website or Products; (ii) stored on Company’s servers; or (iii) hosted or published on the Website or Products. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
The Website and/or Products may offer the option for you to leave comments and engage with the Website or Products posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or Company;
- hate speech;
- defamatory to Company or any third party;
- reference illegal acts; or,
- violate the legal rights of a third party.
The Company’s sole discretion will determine if a comment violates this comment policy. Any comments in violation will be promptly deleted, and no further explanation will be given to you if your comment was deemed to be in violation of this policy.
You are and shall remain solely responsible for any content you upload, submit, post, transmit, communicate, share, or exchange using the Website or Products and for the consequences of submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED, OR ACTUAL DUTY TO MONITOR THE PRODUCTS OR WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS ON THE WEBSITE OR IN THE PRODUCTS. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS PARTICIPANTS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS PARTICIPANTS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS PARTICIPANTS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER PARTICIPANTS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER PARTICIPANT IN PERSON. COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS PARTICIPANTS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PARTICIPANT’S CONDUCT, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS.
Company reserves the right to report to the appropriate authority any post, comment, message, or participant in the Products that Company deems, in its sole discretion, may implicate the safety of either a participant or a third party. In addition, Company may disclose information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Company reserves the right to report to the appropriate authority any post, comment, message, or participant in the Products or Website that Company deems, in its sole discretion, may implicate the safety of either a participant or a third party. In addition, Company may disclose information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Products, services, and any software provided therein.
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to [email protected], and we will remove the image within 24 to 48 hours.
If you send Company an email, register to use the Website or Products, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Website or Products, you must complete any necessary investigation or due diligence. You understand that Company does not perform psychological testing or background checks on the individuals who may use the Website or Company’s Products or Services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals whom you meet online by virtue of the Website, Products, or services provided on the Website. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website or Products, you expressly hold Company harmless from any and all liability in any dispute.
The Website does not knowingly collect any personally identifiable information from children under the age of sixteen (16) years old. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact Company immediately at [email protected], and we will use our best efforts to promptly remove such information from our records.
The Website and Products are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website, Products, or the information and materials provided therein.
Company makes no warranty that the Website or Products will meet your requirements; will be available uninterrupted; error-free, timely, and free of viruses or bugs, or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website or Products. The Website and Products are written in English, and Company makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER, CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR A COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
[email protected] for Company and to your email address.
Last updated: September 13, 2022.